The Government of Reconciliation and National Unity informs the people of Nicaragua and the international community that it has notified the governments of the United Kingdom, Germany, the Netherlands and Canada of its decision to hold them responsible under international law for gross and systematic violations to the Convention on the Prevention and Punishment of the Crime of Genocide, international humanitarian law and customary law, including the law of occupation in the Occupied Palestinian Territories, in particular the Gaza Strip.
In this vein, in a note verbal sent to these governments, Nicaragua recalled that the facts and circumstances of the Israeli actions in and against the Palestinians led the International Court of Justice to conclude on 26 January 2024 “that at least some of the rights claimed by South Africa and for which it is seeking protection are plausible. This is the case with respect to the right of the Palestinians in Gaza to be protected from acts of genocide and related prohibited acts identified in Article III”.
Although the Order on Provisional Measures of the Court is not a judgment on the merits, nevertheless on the evidence publicly available, the Court found it plausible that the Genocide convention has been and is being violated by Israel. If genocide is plausibly occurring in the Gaza Strip in the judgment of the highest world Court, it cannot be otherwise in the judgment of the international community
that is also dramatically aware of the same facts that led the Court to that conclusion.
The obligation to prevent genocide arises and begins when there is a risk of it occurring; in fact, when it is plausible that it is occurring or might occur. This plausibility in now beyond doubt and dispute.
In that sense, Nicaragua has urged the governments of the United Kingdom, Germany, the Netherlands and Canada to immediately halt the supply of arms, ammunitions, technology and/or components to Israel as it is plausible they might have been use to facilitate or commit violations of the Genocide Convention, including but not limited to acts of genocide, attempted genocide, complicity in genocide and conspiracy to commit genocide.
Unfortunately, the provision of military weapons and other assistance capable of being used in the genocide taking place has not stopped or diminished since the genocidal attacks of Israel on the Gaza Strip began in October 2023, and in some cases has indeed increased. Nicaragua has reminded these governments that “a State’s obligation to prevent, and the corresponding duty to act, arise at the instant that the State learns of, or should normally have learned of, the existence of a serious risk that genocide will be committed”.
Furthermore, Nicaragua has warned that the recent announcements by these governments on the suspension of the funds to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) further exposes that in the present scenario, the Governments of the United Kingdom, Germany, the Netherlands and Canada continue to disregard their obligations, and to actively facilitate violations of the rules of international law by Israel to the severe and immediate prejudice of the Palestinian people, particularly Gazans, and the international community as a whole. In particular, Nicaragua has underscored that this act contributes to the collective punishment of the Palestinians and to the apparent objective of forcing the Palestinian population to leave the Occupied Palestinian Territories, particularly Gaza, and preventing the exercise of their right to self-determination.
Consequently, Nicaragua has given written notice to these governments that it will adopt all measures it considers appropriate in accordance with international law, including recourse to the International Court of Justice, to guarantee respect for these fundamental international texts and customary international law.
The Government of Reconciliation and National Unity reaffirms its firm commitment to the Rule of Law at the International Level and the peaceful settlement of disputes between States.
Managua, 1 February 2024
Government of Reconciliation
and National Unity
Republic of Nicaragua
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