Heidi Matthews
Germany argues that in order to determine whether Germany has failed to prevent or has been complicit in genocide, the Court would first have to decide that Israel has committed an act of genocide. I disagree. My broad sense here is the following: the Court has *already* determined in January 2024 that there was, at minimum, a "real and serious risk" that Israel would imminently commit genocide in Gaza. That put third states on notice that they were under a positive obligation to take steps to prevent genocide. Put simply: continuing to permit military exports to a state under these conditions is a violation of the duty to prevent genocide.