invests to the constitution, which we are bound to as federal, civil servants, and property components. nevertheless, germany still has not taken the decision to suspend its many type of support and the export of military equipment to be as well. rather in a recent response to a series of questions, honest good by members of to been just talk, the government reiterated it's position the export license. this bill would be considered on a case by case basis and in light of specific circumstances. members of the court to put it simple, highest german officials have recognized that the situation in gone so raises thoughts about the respect of elementary rules of international law. and thus, that these questions need to be addressed. yet why we speak the export of german weapons and committee to equipment to israel likely to be used for

committing these grey formulations of international law is continuing to driven governments has also not made any declaration concerning the stuff. if it's many type of support to israel, off to the united nations secretary type the secure. what to console. the mazda to an immediate cease fire contributed to the canadian or the dutch governments. it says not decided to stop nor suspended supplies of homes to the is really the government. nor has it resumed its funding of when ross committed to having operations and gone. so the fact that germany is engaged in facilitating or improving whom anytime you an agent go saw and for its suffering, people does not change the picture. it is indeed a pathetic excuse to the past seeing intuitive and boom and man and goes on to provide for money. terry and h, including to add drops on the one hand. it's

a furnace, the weapons and committee to re equipment that you use to kill and then the 8th them and to kill also for many to be an age. because as most recently evidenced by the missile, i tech against vehicles and vehicles built central kitchen. and the other had so many terry and aids in itself cannot keep the hope for peace of life as demanded by miss patrick. in particular, if the safety of those delivering this aid is not guaranteed, and the attempt to take the routes of the european union. hi representative joseph burrell. and that quotes, if you believe that too many people, all being killed, may be useful to provide less arms in order to prevent so many people from being killed. it is a little bit contradictory to continue saying that there are too many being people

being killed too many people being killed. please take care of people. please do not kill so many steps saying please do something. and of court did show many continues to say please, without doing, but it is supposed to do in fact, required under international law to do stuffing. it's support in particular, it's many type of support and ensuring compliance by you smile with international humanitarian law. mister president, this brings me to the last point i want to quickly touch upon. germany did not need to do something about it submitted to us supply date. it also decided to suspend its contribution to overall. so just supposed to take care of people in ga. so there's no question, but many fully appreciate the importance of enrol for the palestinian people in

gauze on and else, but in the occupied palestinian territory as before. 7, the talk to over 2023. germany best buy for one of the most important donors to the agency. it's 2nd most important contributor off to having suspended its development a to the occupied palestinian territory in october 23. the photo ministry for economic cooperation and development released funds initially. m off foot wind rush operation and gaza. on 7th of october, 2023, the federal minister recognized send that and that quote row is the most important partner for providing assistance to the people in the gaza strip. and the quote. on the 13th of december 2023, the german authorities confirm that the review of allegations of misuse was

completed and the safeguards robust and that no indications of the misuse of funding has been found before the explained and recognized the central role of an rav for the palestinian people in gaza and that quote, the 1st focus of the review was activities that ensure the provision of basic services for the people, especially for particular room number of the groups. this is wally the projects run by the own wrong, which provide live saving services, refresh, reviewed and approved, followed by bought, techs under germany's transitional development assistance, which are making a direct contribution to web services for civilians in the core in crisis. and of quote, the central and rightful lights on the role of the agency for the palestinian people . and it's your existence fully recognized and endorsed by the front of a republic,

had also been be called by the united nations secretary general, a love wass, and remains the big phone of so many terry, in distribution and goes on. no other organization has a meaningful presence inside casa, and there's no other organization that would be able now to replace and roll. this remains the case today, as reason, believe you called on last friday in the security council and, and the human rights council. nevertheless, and in full knowledge of the consequences, germany suspended its funding of when it was a peroration in january, 2024. and it's still unsupported extra stations against the agency. and this, despite the immediate action taken by on wrong to address these accusations in germany's previous own assessment of the robustness of the control mechanisms. the

suspension of funding deprives the agency of $450000000.00 with no capacity to absorb this financial shock. in particular and depressing situation of the ball, racing and guns on was commission to general urge and expos, countries who have suspended the funding to reconsider the decisions before one route is forced to suspend it so many to have and responds the life of people in gone so it depends on the support, and so does the regional stability, end of quote, to how many acknowledged, why still authorizing supply of military equipment. that to whom many terry and situation in casa, is catastrophic. and the situation of the people that is becoming more desperate with each passing day, just as not to this day, resumed the funding of the operations of unwritten gauze, all which were needed more than ever a nickel rugged, that's

a false ball. come the decision of the german authorities to provide new funds to and was operations enjoyed and living in syria and the best thing. but still the much needed support for the agencies central and live saving operations in gaza. remain suspend this. i'm just to find the decision contribute to the suffering in gospel that children, women, and men, all starving. the situation created by the attendance to ensure that the funding of the agency according to and well disliking 35 percent of the full cost of income for 2024. for good reason. this court has consider on the 28th of march, 2024, that in view of the birth and in conditions of life face published by palestinians in gauze all in particular, this prentice mean and stuff ation. it is necessary to end quote,

the court take all necessary and effective measures to ensure without delay in full cooperation with the united nations, the on 100 provision at scale by all concerned of urgently need its basic services. and for many tiring assistance with the president, members of the quote, i thank you for your attention. mr. presidents, may i ask you to give the floor to professor. all right. i think we submitted 40 statement jeff edmonton, you know, invite, let us know, just joining us. it is about 10 past 9, g m t, your chance, ongoing live coverage of proceedings of the united nations top course, dance, national court of justice and the hey, it's hearing arguments right now in a case that's improved by nicaragua. the gemini is aiding israel and it's genocide and god. so we just had from dr. daniel ma laying out the factual background of the case. and now we'll hear from professor alone play on germany's obligations on the

international mr. president, members of the court terminate is not legally responsible for the info. no, that doesn't goes to go. so, overall, the, it is only responsible through its own breaches of its own international obligations linked to this horrific situation. and it is responsible to the extent that these breaches have made possible facilitated the grave violations of general international legal looms and direct to the published. and you and people know tony's within because the strip but also in the occupied territories underneath charlotte self. so this is this, the justifies space,

the nicaragua is application addressed attorney and also the requests for professional measures which are the reason for the hearing today. i don't think i need to dwell on the question or the correct was true standardized as he recalled so well in your order of the 26th of january of this year and referring to the gambia versus my in my case and i quotes all the states policies to the convention to the genocide convention, have a common interest to ensure the prevention, suppression, and punishment of genocide to these obligations that all go on this pontus and each state pump that has an interest in compliance with them, including through the institutional proceedings before the court but such as baton,

this the same applies in this case germany, they correct a lot of policies to the genocide convention under which they both have obligations and rights that they are entitled to invoke before you. however, and the agent to suppress this new correct course requests are not limited to breaches of the 1940 convention. they also concern breaches by germany of its own obligations under the full geneva conventions of 1949, including the 4th one. concerning the protection of civilian persons in time before . and the 1966 protocols it's and application also refers to other breaches on the punch which i need

concerning of the relevant treaties. so that preserve and protect human rights or concerns you mandatory in international. all of these conventions is set out to obligations that are a ms pottis'. every state policy has a legal interest to ensure compliance that with including the through proceedings both before this quote. as you underlined in your opinion on the war and i quote on the states policies to the geneva convention relative to the protection of civilian persons in time of war. the 12th of august 1949 under an obligation and obligation while respecting the united nations child to an international, to ensure compliance via israel with an international humanitarian law, as embodied in that convention and of quotation. furthermore, as

a member of the international community of states, nicaraguans asks the court to find that germany has seriously violated its obligations under the peremptory and almost of general injunctions low in the same areas and sanction it for such breaches. whether we're talking about to beaches of prevention and punishment of crimes of genocide or upon tied to peaches of fundamental principles in the area of human rights, or to mandatory in law, all the right to seek reparations in the interest of the posting. and people here again, the court's findings in going to be a versus my ma recall to new order the 26th of january should fully apply as you indicated in your advisory opinion on the legality of the threat or use of

nuclear weapons. and so as i was saying, the goal is to it's rightful use for nuclear weapons. i'm very cold and that's on the wall. and i quote, a great many rules of humanitarian, lo, clickable, an armed conflict, a so fundamental to the respect of the human person. and elementary considerations of humanities that they ought to be observed by. oh, state spiteful states. whether or not they have ratified the conventions that contain them. because they constitute in transgress both principles of international customer a little. and the quotes view. these rules incorporate obligations which are essentially of and go on this current to and of course station i note. but in any case, at this stage it is for you certainly to decide on your private face. the

jurisdiction was stopped, the being any need for you to definitively states and i quote, to satisfy yourself and the defense for many that you have jurisdiction is because the merits of the case. so are members of the quote to days you are not being invited to exercise your jurisdiction on the merits. at this stage, it is for you just to indicate the urgent measures. and i quite once again, like to, to preserve by such measures the rights which you may subsequently judge to correct to the courts. jurisprudence is based on a distinction between 2 different concepts. on the one hand, the existence of the court's jurisdiction and on the other, the exercise of its jurisdiction while that jurisdiction is established. the fact

is, in this instance that the court's jurisdiction is established at private, stacy in order to rule on the application, is without any shadow of a doubt. your recent to jurisprudence confirms this and that is enough also to ground to jurisdiction to indicate the provisional measure sort. it is also enough to rule out the objections that to germany doubtless will rely on tomorrow based on the amount of trico principal. even although for excellence, this is the question that has nothing to do with the existence of jurisdiction, of which there is no doubt. but of the exercise there of stevens says, the dramatic circumstances of the case before you today in no way and then himself to any doctrinal. so searching allow me mister president to say that i have never

understood the value of the so called a principles. even though those result took elated in a case that had quite exceptional features. the quote on several occasions has the stations that it was attached to it at the expense of intellectual acrobatics that struck me at times as being stream. if it is just the question of saying that the quotes jurisdiction is based on consent article, $59.00 together with the possibilities that the statutes offer states when it comes to intervening. whether they apologies or not to is sufficient for the purpose to my mind as you have re cold citing judgment, number 11 is the permanent quotes and i quote, the object of optical 59 is to prevent the legal principles accepted by the court in a particular case from being binding also upon other states or in other disputes.

and it is clear from the law to provision that the principles and rules of international lo found by the court to be a pickle in the relations between germany and the correct correct. and the indications given by the court as to the application and practice cannot, cannot be relied on by the parties against any of the state and of quotation. but let's say that the monitor goes principles. it is something other than a short term judicial invention. and if not to pass us at least clearly without relevance in this case, let's take it seriously. there are at least 2 arguments, members of the quote that should lead you to dismiss that. first phase of i just

said at this stage of professional mattress. this question doesn't arise at this stage and all of us to, to rules on the merits of the legal, factual situation resulting from the violation of the clickable legal principles. what is more, and in any case, it is not enough for the future judgement. and i quote, the fact that it might affect the legal interests of a state, which is not a policy to the case for the principle of monterey code. if such a principle exists for it to apply and the very terms used in the 1954 judgement. this is only the case if the vital issue to be suffered concerns the international responsibility of

a foot state. that was the case in the very peculiar instance in 1954 when it's me express, they requested over the course. that's the site that the governments of respond to the states should give to it to the share of monetary code. normally assigned 12 venue. but that is not true of the case before us today in which there is no. i repeat, no request that is related to any right to a 3rd state. the quote's position in monitoring gold or it cannot be used to prevent the cold from prevent the quote from

rolling on an application involving a country that agrees to appear before it. mister president, it is clearly the application that in each case makes it possible to determine the vital issue to be settled. in this case, the readings of the application submitted to find the correct on the 1st of march allows for no doubts to prevail as to its purpose. it is not to find out whether israel has preached its international obligations, but whether germany has bridge breached its supplications. in you or of the 26th of january. you considered that the quote is not cold or palm to determine definitively whether the rights which south africa wishes to see protect protector

to exist. the same applies in this case at this stage. here's the court is invited to decide whether the rights contained by nick recommend for judges seeking protection of possible. it's here again. i think there is no need to, to waste your precious time. no, to squander the time allotted to, to us to go into exaggerated details him and your wisdom. you are increasingly drastic in limitation. the time allowed for the parties to present the pleadings in the same mode or the 26th of january. you stated my quote to the, the facts and circumstances mentioned that you know, to the time

a sufficient to computers, at least some of the rights came by south africa and for which to seeking protection approachable. this is the case with respect to the right of the palestinians and gaza to be protected from acts of genocide and related to prohibited acts identified in order to go through the convention on genocide and the right of south africa to seek israel's compliance with the length of obligations under the convention and of quotation as so we can see from the fact set out by daniel miller. this is all the move pro zable, not to say proven today. you confirmed a new order of the 28th of march. that since that time, the catastrophic living conditions the person needs in the gaza strip have deteriorated

further and this seems the 26th of january and for the quotation. the current situation before the court entails a further risk of irreparable pressure just to the principal rights of the palestinian people of casa to the metro sol. find the correct cool concern. protection of its right to see dr. ne, comply with its obligations under the genocide convention and the protection of the comments and rights of the palestinian people which are directly affected by a drum this conduct. it is a right. understood is also a conventional obligation without the slightest hesitation. the same reasoning applies. when we turn to the violation

of major treaties to protect human rights, all that codify international humanitarian law and the type in humanity, toyota on, we see this in the horrors of the hell of casa that you refer to your spouse in the abuses inflicted by it's really settlers in the okay, by posted in territory the victims of which are increasingly the palestinians of the west bank. once again mr. president, please this any need to be a super say in order to anticipate protests from the drum and respondents? yes. your mentor in situation goes, is worrying, and we want to say we'd strategies i'm talking about. we're worried about it and we're making this known. but it's nothing to do with us. we're not committing any

of the genocidal acts that have been in your rates not to go to the 1940 convention nor do we intend to destroy in whole or in part a national s make racial or religious groups, or whatever is the definition which is given to it, as embodied by the people of palestine. and i have no doubt that the subconscious part is like stones with an equally clear conscience. so will it be repeated when it comes to the violation of human rights and humanitarian little there are no chapman soldiers in gaza and on the occupied. suppose the entire tree has to be understood and then we can, but approves that to israel has a right to defend itself unless the conference gets the better of them and learned friends show restraint on this. given the monstrously disproportionate

retaliation to the how much the tech of the 7th of october and as in any case, nothing a tool can justify the systematic targeting of hospitals. schools and distribution of food is still being carried on by the red and g. o. still managing to survive in gaza for in any case, there seems little doubt that germany tomorrow will say it wasn't me mister president. it wasn't me because that is the case. then it's clearly in the wrong proceedings. the matter before us here has been set out very clearly in paragraph 3 of the application and is repeated in the conclusions of the application. it's nicaragua,

what does it budget reproaches? germany of it is not, and this is a reservation that you all come back to in a moment. it's not committing genocide in gaza strip or in palestine. it is, but it has failed and continues to fail to fulfill its own obligations to prevent trend aside being committed and to punish those committing genocide or involved in any of the acts set out in articles to increase. the convention is not accusing it of breaching obligations on policies that will because germany is not involved in the israel palestine conflict. no. is it anything to do with the publications, specifically concerning occupying powers? germany is not an occupying the maker. right? good, accusative,

not to comply with its own obligations as germany under and so i'm sure you're monetary in the role that it must comply with in any circumstances. and that includes its obligation to prosecute, try and punish persons responsible for or accused of serious crimes under international whether it is genocide or crimes or upon tied, saw from doing so. good news going ahead with business as usual, or rather as done. yeah, man, i explained business better than usual sales have not ceased they have increased significantly.