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Statement of Germany in the United Nations General Assembly on the Report of the International Court of Justice, 24 October 2024.

25.10.2024 - Speech

The statement was delivered by Tania von Uslar-Gleichen, Director-General for Legal Affairs and Legal Adviser of the Federal Foreign Office.

Mr. President,

Allow me to start by expressing Germany’s sincere thanks to you, President Salam. You have successfully steered the Court through difficult times since assuming office in February 2024.

The international legal order remains under considerable pressure, including basic principles enshrined in the UN Charter, such as the respect for human rights, the sovereign equality of States and the prohibition of the use of force. At the same time, the call for international courts and tribunals seems to become increasingly louder and ever more frequent. In particular, the International Court of Justice, as principal judicial organ of the United Nations, is sought-after more than ever. With 23 cases currently pending before the Court, we have reached a new record height. To Germany, this is an encouraging development. It speaks not only to the prestige of the Court but beyond that to the truth that States have high expectations of international law.

It is, however, not only the number of cases that has increased over the past few years. Rather, the way in which States participate in proceedings before the ICJ seems to have changed. While there are still “classical” bilateral matters before the Court, more and more States initiate or engage in proceedings in which so called “community interests” are at stake. Requests for Advisory Opinions are more frequent. The role of the Court might therefore be undergoing a more fundamental change.

Germany has engaged with the Court in various proceedings in the last year.

First, in November 2023, Germany intervened, together with five partners, in the case brought by The Gambia against Myanmar under the 1948 Genocide Convention. We wish to commend The Gambia for having brought the matter before the Court. Jointly with our partners, we decided to support the ICJ by submitting our interpretation of the Convention in this legally complex matter. In doing so, we were demonstrating our commitment to preventing, investigating and combating possible genocide. The joint intervention by six states was a first in the history of the ICJ. We believe it is a strong sign of support of the role of the ICJ.

Second, Germany participated in the written proceedings in the ICJ’s advisory proceedings on the obligations of States in respect of climate change. The Court, in this case, is engaged in a matter of truly global concern. More than 90 States and International Organizations have submitted their views to the Court. Yet another record for the ICJ. The broad participation illustrates the international community’s shared concern for climate change, but also States’ conviction that international law can provide guidance on the global threats that we face. Germany intends to contribute also in the oral proceedings.

Third, alongside 21 other States, Germany has decided to intervene in the merits stage of the case brought by Ukraine against Russia in the aftermath of the illegal invasion of February 2022. This case, too, is based on the 1948 Genocide Convention. To us, given our past, Russia’s abuse of the concept of genocide in the attempt of justifying aggression is truly intolerable. Germany therefore welcomes the fact that the Court earlier this year decided to entertain the case on the merits. The ICJ will now have the opportunity to scrutinize the allegations put forward by Russia and to determine the actual truth.

Finally, we have also found ourselves before the Court in a case brought before it by Nicaragua in the context of the Gaza conflict. Germany approached this case as a firm believer in the peaceful settlement of international disputes and the highest respect for the ICJ for its sound and consistent administration of justice. Germany has always been a strong advocate for the promotion and strengthening of international humanitarian law and humanitarian principles. This is also what guides us in our political response to the conflict in Gaza. Germany is doing its utmost to live up to its responsibility vis-à-vis both the Israeli and the Palestinian people. Germany will continue to do so and is ready to lay out and explain its position in all necessary detail in the further proceedings before the Court.

To Germany, the increase of cases before the Court is a welcome and encouraging development. This is a chance for strengthening the international rule of law and Germany stands ready to support this. Of course, Germany appreciates that the growing caseload also comes with challenges for the Court. The Court has so far demonstrated that it is up to the challenge. The ICJ is the main instrument for the peaceful settlement of disputes between States. Let us all work together in order to ensure that the Court can continue to play its crucial role for upholding international law.

Thank you

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