this but the picture presented by nick a rock you is that the best inaccurate and worst it is a deliberate mix representation of the actual situation. of course, germany and israel have close ties, including a defense cooperation. germany's responsibility for israel security emphasized by germany's agent just now in the opening statement is an important factor in this respect. but this cooperation is based on a robust legal framework that assesses export licensing requests on a case by case basis. and that ensures compliance with national and germany's international obligations. and if we looked at what has actually been license for export to israel under this framework. since october 2023, we see no artillery shells, no munitions. nearly all experts, the exports involved,

what is known as other military equipment, typically of the subordinate or defensive nature. is the president permit me to begin with the comment about the german framework governing exports of military equipment. about what you have heard? nothing from nick a roger. this is a robust framework, old human expos of military technology and equipment to israel, subject to strict licensing requirements. among these german law distinguishes between 2 categories, well weapons, cheek stuffing, and other military equipment designs to good wisdom screech in the original german war weapons comprise, for example, combat aircraft, or tags, but also automatic weapons and such and corresponding munition and essential components of these war weapons required,

2 licenses before export under the war weapons control act and under the foreign trade and payments act. the other category of the military equipment is brought. it goes much beyond weaponry in the usual sense. it includes for example, defense equipment against chemical hazards. protective gear, such as helmets or body protection, plates, communication equipment, camouflage paint, and components, pots and other equipment other subordinate character outside standardized categories for routine delivery is not only will weapons but also all of the military equipment on the german law requires an individual license for export and such individual license can only be granted following a case by case assessment of an individual application. on the basis of binding

criteria, we have provided an annex $11.00 to $18.00 of the judges folder relevant accepts of the applicable german laws. but also off the 2008, you council coming position, defining common rules governing control of exports, of miller technology and equipment. and the strait treaty, professor tests will take you to these at this stage, permit me to make a special point for every license that is granted. the german government, cassidy, assesses whether there is a clear risk that the particular item subject to licensing would be used in the commission of genocide, crimes against humanity or grave breaches of the geneva conventions of 1949. this requirement follows from finding rules of german and european rule, which exceeds international requirements as professor peters and our catchy will illustrate. the scrutiny is detailed and it involved and inter agency process with

consideration by at least 2 minutes treats the federal ministry if i comic economic affairs and climate action and the federal for an office. and depending on the content of the license application, potentially also the ministry of defense and the federal jobs for the, the federal ministry for economic cooperation and development, the federal ministry of finance, the federal ministry of the interior and community, and defending the federal ministry of justice as regards these war weapons licenses must be issued at the ministerial level and accompanied by a corresponding additional license issued by the federal office for economic affairs and export control. mr. president, military equipment has many licensed military exports. of course, i highly sensitive, metro. nonetheless, germany has made

a sincere effort to provide you with information that allows you to scrutinize me correct. yes, assertions. we have included call figures provided by government departments involved in the licensing process. annex 19 of the judges folder. let me highlight 3 points before commenting on particular accusations that roger made yesterday of my 1st comment concerns the central categories of military equipment, distinguished under german law, which i've mentioned already. well, weapons including munitions and essential components on the one hand and other minute treatment equipment. on the other this is an important distinction because the risks associated with the export of war weapons, i'm actually much higher, which is essential factor in deciding on licenses nickel rock, it was very brief on this distinction from the slide. you see what nichol regular

emitted 98 percent of the licenses granted since 7th october 2023 did not concern well weapons but other military equipment. in 4 instances only has germany eventually license the export of all weapons since october 2023. and this is the fast relevant point of context. if we want to appreciate the actual licensing practice is my 2nd point, which also appears from document 19 and on which nicaragua, again, was completely silent, concerns this. if we look at the statistics that nick a rug are presented to you, we see that over 25 percent of the volume effects, thoughts with negative stein for the final use in israel license is worth around 85000000 euros concern military equipment. that is to be processed in israel and

then re imported to germany, reimpose it for use by the german forces. this equipment features and the statistics that nichol rocky and relies on to make its axis actions. and my side point, the temporal context. another crucial factor as the risks being assessed, not just with respect to particularly particular military goods, but also at a particular point in time and light of circumstances obtaining then nicaragua yesterday. so to make you think that that had been no evolution. professor police search at that germany continue out, continues to authorize large scale to the free of weapons in response to let me ask you to look at the following slide. it shows how the total value of exports for war weapons and for other military equipment to israel.

since october 2023 is spread out over the past months. the exact figures again on next 19 of the judges folder. but the basic point imagines clearly from the slide, for almost 80 percent of the volume of exports was approved before the end of october 2023. and what this called hasn't caught, has referred to as the immediate context of how much is all renter's mess that gets . at that point, i knew this dramatic situation. germany decided to prioritize pending license request. following october, the total volume of exports has dropped sharply. and you'll see the figures on the slide to 2x4w1x9w8 and a half 1000000 and so on. for now, commitment, you mentioned to say the and aspects. the 1st is this. in february and march

2024. the total volume of exports for war weapons, and other military equipment. the volume of exports approved for of by germany, was that around half a 1000000 and around 1000000 euros, respectively. these licenses were issued for lenses for di, daylight, observation binoculars, bonding devices for hydrogen storage on submarines and infrared protection systems for defense against guy didn't besides the most recent license. and this is my 2nd particular point. we've gone through on the 8th of march 2024. it concerns a slip slip ring for the installation and the radar system. this is not an item that could plausibly be used to commit well crunch a limited number of requests for exports remain under review for the time being. they are reviewed by german, i'm sorry, it is in light of the developing situation and of the potential impact that the

particular item might have was the president. this brings me to the end of my overview of what exports have actually been. lots of since october permit me to conclude by responding to 3 specific effects to the accusations that nichol rugs have made yesterday. and a concern particularly ministry items that according to nick arrived, yet germany has delivered to israel. but i begin by responding to points raised by counsel yesterday, who noticed that quite apart from exports of military equipment, germany had supplied military equipment directly to israel government to government . and specifically, in that respect, mentioned a request for tank ammunition was the present. we have with every fight this with a german ministry. yes. today, based on the information i received, i can confirm that israel approached the german government in 2023 for tank

munitions. this application is being scrutinized. no license has been improved. in fact, and this goes to nick a rock just florida and situation. yesterday. the only items directly supplied from the german button this the forces to israel sent actually materials and helmets. nicaragua, 2nd specific allegation made yesterday concerns war weapons, allegedly license for export nicaragua, yesterday repeated points made in the application maybe that germany had provided these real with quotes, all types of military aid that would be used to commit rave crimes under international law such as to tank weapons, ammunition for machine guns and propelling charges. and of course, i have already mentioned that since october 20, 234 licenses, football weapons had been granted. but nick, roger completely misrepresents what they catholics for 2 of these licenses. indeed,

concerned i munition as make a regular notes. 500 pieces of munitions were approved in november for the 1000 pieces of foods in the 2020 full, both for industrial cooperation. what nick, a regular does not say is that the license was for training munition training. i munition, that is as government exports involved and the licensing process confirmed not suitable for combat operation. the site license concerns preparing charges again, as in the correct your notes. also gone to it in connection with the cooperation project between german and visa and the industry. but again, nick rock, you admit the key bits of information, the propellant charges with for testing purposes. most of the prepared in charge of the license for export ought to be destroyed and israel, the rest is to be re delivered to germany. so to reiterate 3 of the. busy

final export licenses for bull weapons concern items that are suitable for use in combat operations. the 4th, the license, which was in the immediate context of how much massacres, concerned the export of $3000.00 portable and to tank weapons. finally, to complete the picture, let me add in full transparency that for one, for the military item, one license has been granted. this is a supplementary which has receives one license, as i mentioned, but as a war weapons requires 2 licenses for export. so for weapons, for more weapons licensed for export, 3 of them for test and training purposes and one something re not yet to prove fact support. that is the outcome of the actual licensing practice ends. october 2023. nichol. rocky with references yesterday. referring to a temporary shelves or 2 munitions that would be used in gaza. simply bad,

no relation to reality. germany rejects them. mister president, my final point concerns be chevron codes. on many vehicles. they featured prominently into correct yes, application as well as in his presentation yesterday. germany stands accused of having handed over to here on drones to israel and council for nick rock. you insisted on the point yesterday. no kidding. and i quote that the destruction caused by the unmanned aerial vehicles, like these drones had been widely reported and of quit again and the correct guess, assertions of faults to choose about the hair on drones can be found in the document. in the next 20 of the folder and the essence is this the to have on drones? is there any drugs they are owned by israel? not germany. at no point have a left israel. german soldiers were trained on them while in israel under

a lease agreement, which specified he's ready ownership and control. while german soldiers trained on these drones, the hair on drones well on um, off the 7th october german military personnel left israel says that security could not be guaranteed. and so the training on is rarely soil temporarily ended. this is the context government nick a rock us again. wrong. on the basic fact mr. president, to some of of 95 percent of the license has gone to tough. the 7th october. do not concern well weapons, but other military equipment over 25 percent of this military equipment is designed for eventually re importation and used by the german forces. 80 percent of the volume that was approved for export was approved in october 2023

applications for export licenses are scrutinized by different ministries by reference to conditions that are more stringent than those under international law . as a matter of fact, only for weapons, weapons have been licensed for exports since october 20, 233 of which concern test or practice equipment. finally, as regards humanitarian assistance, germany continues to provide humanitarian support every single day on the extremely difficult conditions, constructively, engaging with international partners. the minutes we look closely, nicaragua, as accusations fall apart. this mr. president, members of the court, concludes my presentation on the affect your background to the present, the dispute. i'm grateful for your kind attention. and i would ask you now mister president, to invite mister somewhat swift, to the podium,

to continue germany's presentations. i think it was this time for the statement i now invite was somewhat 1st thing before you have the filter to mr. president, members of the court, it is a privilege to appear before you entered the northeast by germany to set out its position that no order on provisional measures can be made. given the absence of private phase, she jurisdiction and or a prime of face the basis for any exercise of jurisdiction. germany makes 2 points. first, it is plain from the application and was no less pain yesterday. the ledge violations of international by israel constituted the essential bedrock of me correct? q is application and request the honorable agents for speech

yesterday, which replete with the sessions that serious breaches of international humanitarian law and other peremptory norms of international including genocide are taking place in palestine along side references to the genocide committed by israel. as the case on genocide against gemini is entirely dependent upon this, that is a potent a prior of finding, a breach by israel. the same applies to the correct use case on international humanitarian level. the agent summarize this claim as follows. the violations of international humanitarian little by israel create obligations for germany. i'll return to the details in a moment, but the basic point is that nick correct us,

seeks determinations on the conduct of israel, an absent party, which determinations are a pre requisite to any finding of responsibility on the part of germany. yet the correct q a must establish that at least prying the face sheet. the quote is able to exercise jurisdiction, and it cannot do so given the manifest absence of an indispensable 3rd party. namely israel. for a 2nd, it was said by the agent yesterday to nick her, i q a has not had the opportunity to be informed of the position of germany. the reason for this is nick ranko is decision to lo, teach that vacation without allowing germany an opportunity to engage and to inform the correct you of the basic, factual and accuracy he's the profess attends,

has just spelled out instead, just 17 days after you receive the correct q has moved football. the current proceedings will commenced without prior warning, were lying for the supposed existence of a dispute. on a few words by governmental representative in the general press conference with germany was seeking to withhold its position. because it did then only see a short press statement from the correct q a. concerning the ledge conductor of 4 states, one of which was germany. the correct do a sort disguise over this issue yesterday. he cannot show even pulling the fishy. the existence of the dispute required to establish the courts, your inspection. turning to the details, i stopped with the central need, in this case for determinations by the court concerning the conduct of israel,

an absence policy, the correct q i showed itself us today to be very sensitive about this, with professor pele, seeking to neutralize this key point 1st, by saying that at the provisional measures phase, the quote is only concerned with the prime to face the existence of jurisdiction, not the ability to exercise it. and then by suggesting that the monetary gold line of jurisprudence made no sense, neither contentions these remote places serious. first, at the provisional measures phase, the quote would of course, examine the existence of pregnancy, secure restriction. and the issue of whether i am, if i see it is able to exercise jurisdiction, no authority was cited to suggest the country and indeed any different to part

which would be entirely counter intuitive. the longstanding purpose of professional measures is to preserve by such measures the rights which may be subsequent clear, judged by the court to blow either to the applicant or to the respondent. it makes no difference the total with the reason for that being the ability to adjudicate on relevant rights is due to the absence of jurisdiction o absence, the ability to exercise jurisdiction. moreover, the correct q is contention is correctly inconsistent with the quotes established jurisprudence. and again, via and my of my case, for example, as you can see on your screen, the quote was not content simply to establish its jurisdiction prime if they see

data paragraph 7 of the older. but it then went and told him to consider a disputed issue of admissibility. in that case, one of standing a 2nd, the minor tree type gold type situation is not wholly exceptional, as was suggested yesterday. and the price of the quote back or in east timor, for example, does no more than reflect the basic rule on the essential need for consent. this is to be found in many of a context, including for example, maritime to limitation, where the court has held as one would expect, that it will not rule on an issue when in order to do so, the rights of a 3rd party that is not before it have to be determined it is obviously wrong to say that there is no need for such an approach given us cold,

59 of the statute and the possibility of intervention. and the current request offers an act example. in this respect, the space, the code word to make an order in the time sort find the correct q on the basis of the allegedly pools fluoride center. the genocide in geneva conventions which presuppose that israel is named for each of these treaties. or at least that there is a serious risk of such breach. such of finding would be treated around the world as a generally applicable and objective assessment of actual or likely wrongful conduct by israel. israel would have no standing to challenge the old user at which to see the order amended or lifted. it would have to intervene as a party and dropped to 60 to the statute. but it could only do so with the consent

of both parties, given the absence of jurisdiction. a link so far as concerns me correct. who is claims a breach of i chow does not show usually does the k and put forward find the correct to seek determinations. on the law firm, recipes rails conduct that twill directly impact israel. it leaves israel without any avenue to challenge those determinations, save for submission to the court's jurisdiction with a critical key to even being able to challenge any older held by me. correct? you are given the need for its consent to intervention does make correct q a seeks radically to undermine the most fundamental principles concerning consent to jurisdiction. attend to the further points make by professor pele. as

the 1st was simply to repeat the contention that the issue of the exercise of jurisdiction does not set arise at the professional measures face. as he said, there will be no determination from the merits. i say no more not other than to recall the issues going to jurisdiction are assessed climate. stacy, by reference to whether the court will be able to make a judgement specifically on the merits. not by looking at the professional measures phase in isolation. it could not be otherwise. as the 2nd point, it was argued that the current case is one with a legal interest, so that the state might be effected, but a mold. and hence the principle and mon, at tree gold, is not engaged. it was said that no demand was made impacting the rights of

a 3rd state. and the reference point to be nic correct q is application from which it is said to be clear that the issue is not worth it. israel has breached its international obligations, but indeed, with a germany has breached it's a wall of fundamental rules on consent, could not, in any event, be bypassed by attempts at all for pleasing. it is useful to focus on the correct goods application. this shows that the essential keystone in the construct of the current claim is the law for nature in which israel is said to be pursuing its current military operations in casa. this is plain, for example, from power across a to knowing that the application where it is associated that actions by these

really government constituents, a serious breaches of university accepted peremptory norms of international law and that serious violations of international humanitarian. little what evidence from the stop the responsibility of germany is alleged, but didn't complete reliance on a so take one full acts of israel is going to be seeing, for example, from paragraph $38.00 of the application. now on your screen you can see how this works. the german government has engaged in political, military, and financial support to israel. despite its awareness that the mid that tree operation launched in the p t, particularly garza was being conducted in complete. this regard of international humanitarian little human rights soul. and the genocide convention and the few

lines down germany has not acted to bring to an end, the full acts of his ro, perpetrated against the palestinians. and his instead supported israel by providing it with all types of aid, including minute treat aid that would be used to commit grave crimes on the international. turning then to the specific decorations sold from the court. a paragraph $67.00 at the application. the correct q a 1st to that just the gemini has breached article one of the genocide convention to effect and yet to prevent genocide. but in order to determine that the has being such a breach, the court must 1st determine that israel has committed genocide.

this can be seen, for example, from the post in genocide case. please note that this is a power across that nic, correct q a put top on the screen yesterday. but missing the passages underlined on the screen. despite the obvious importance. in particular, a state can be held responsible for breaching the obligation to prevent genocide. only if genocide was actually committed the passage read out by me. correct? yeah. is a new atomics.