{"id":32714,"date":"2024-09-16T22:52:53","date_gmt":"2024-09-16T22:52:53","guid":{"rendered":"https:\/\/www.writemyessays.app\/blog\/questions\/international-dispute-settlement-the-relevance-of-monetary-gold-in-nicaraguas-suit-against-germany\/"},"modified":"2024-09-16T22:52:53","modified_gmt":"2024-09-16T22:52:53","slug":"international-dispute-settlement-the-relevance-of-monetary-gold-in-nicaraguas-suit-against-germany","status":"publish","type":"questions","link":"https:\/\/www.writemyessays.app\/blog\/questions\/international-dispute-settlement-the-relevance-of-monetary-gold-in-nicaraguas-suit-against-germany\/","title":{"rendered":"International Dispute Settlement: The relevance of Monetary Gold in Nicaragua\u2019s suit against Germany"},"content":{"rendered":"

Course: International Dispute Settlement<\/span><\/p>\n

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Topic: The relevance of <\/span><\/span>Monetary Gold <\/span><\/span>in Nicaragua\u2019s suit against Germany<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n


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Background<\/u><\/b><\/span><\/p>\n

In March 2024, Nicaragua instituted proceedings against Germany before the International Court of Justice (ICJ) concerning Germany\u2019s alleged responsibility for assisting and failing to prevent the commission of genocide in the Gaza Strip by Israel. Specifically, Nicaragua argued that, by providing political, financial and military support to Israel, and by defunding UNRWA, Germany is facilitating the commission of genocide in Gaza and failed in its obligation to prevent genocide.<\/span><\/p>\n

One of the central legal issues in the case is whether the Court can rule on the responsibility of Germany without Israel being a party to the proceedings. Nicaragua and Germany already exchanged views on this issue at the provisional measures stage. In its order on Nicaragua\u2019s request for the indication of provisional measures, the Court declined to indicate interim measures (without much reasoning), but did not dismiss the case in its entirety.<\/span><\/p>\n

In her separate opinion, Vice-President Sebutinde argued that the Court is barred from exercising jurisdiction in this case:<\/span><\/p>\n


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\u201cfor the Court to be able to find that Germany has \u201cfailed to prevent the ongoing genocide by Israel against the Palestinian people in Gaza\u201d or has been complicit in genocide by \u201cproviding aid, including military equipment, to Israel that would be used in the commission of genocide by Israel\u201d as alleged by Nicaragua, it must necessarily find, as a prerequisite, that genocide has in fact been committed in Gaza by Israel. The latter is a precondition for the former. In other words, the conduct of Israel (an indispensable third party that has not given its consent in these proceedings) would form \u201cthe very subject-matter of the decision\u201d and deciding upon that conduct would be a prerequisite for deciding upon Germany\u2019s impugned conduct. In my view, the above circumstances pose an irreconcilable obstacle to the exercise of the Court\u2019s jurisdiction. Exercising jurisdiction in those circumstances would run afoul of the <\/span><\/span>Monetary Gold <\/span><\/span>principle.\u201d<\/span>1<\/span><\/p>\n


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Germany is likely to challenge the admissibility of the case on the ground that Israel is not a party to the proceedings.<\/span><\/p>\n


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Questions<\/u><\/b>
In your essay, please address the following questions:<\/span><\/p>\n

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    Do you think that Israel is a necessary third party in the <\/span><\/span>Nicaragua v Germany <\/span><\/span>case? Why?<\/span><\/p>\n<\/li>\n

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    More generally, do you think the ICJ is a suitable avenue for adjudicating complicity  claims <\/span>and claims concerning failure to prevent genocide? Why?<\/span><\/p>\n<\/li>\n<\/ol>\n

    Support your analysis by referring to relevant legal instruments, the jurisprudence of the ICJ, as well as legal literature. Make sure your paper has a clear structure and is well argued. Your paper should not exceed a total of 2,000 words including footnotes. It should be typed in Times New Roman, font size 12 points. Footnotes and the bibliography should be established in accordance with OSCOLA.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

    Course: International Dispute Settlement Topic: The relevance of Monetary Gold in Nicaragua\u2019s suit against Germany Background In March 2024, Nicaragua instituted proceedings against Germany before the International Court of Justice (ICJ) concerning Germany\u2019s alleged responsibility for assisting and failing to prevent the commission of genocide in the Gaza Strip by Israel. Specifically, Nicaragua argued that, by providing political, […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","template":"","meta":[],"disciplines":[74],"paper_types":[],"tagged":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/questions\/32714"}],"collection":[{"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/questions"}],"about":[{"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/types\/questions"}],"author":[{"embeddable":true,"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/comments?post=32714"}],"version-history":[{"count":0,"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/questions\/32714\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/media?parent=32714"}],"wp:term":[{"taxonomy":"disciplines","embeddable":true,"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/disciplines?post=32714"},{"taxonomy":"paper_types","embeddable":true,"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/paper_types?post=32714"},{"taxonomy":"tagged","embeddable":true,"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/tagged?post=32714"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}