MINISTERIO
DE
RELACIONES EXTERIORES
Managua, Nicaragua
Managua, November 5th 2024
MRE/DM-VLJ/013/11/2024
Excellency António Guterres
Secretary General
United Nations Organization
Excellency :
I have the honour to address Your Excellency on the occasion of referring to Note Verbale No. DPPA/DPO/MED/2024/01945, regarding the implementation of resolution ES-10/24 of the General Assembly entitled “Advisory opinion of the International Court of Justice on the legal consequences arising from Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem, and from the illegality of Israel’s continued presence in the Occupied Palestinian Territory”, adopted on 18th September 2024, during the Tenth Emergency Special Session of the General Assembly, under the agenda item “Illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory”.
The Government of Reconciliation and National Unity of the Republic of Nicaragua defends and promotes Multilateralism, building relations based on respect, equality, solidarity, mutual cooperation and self-determination of the Peoples, enforcing and complying with International Law and the principles and purposes of the Charter of the United Nations.
Nicaragua advocates unrestricted respect for the sovereignty, territorial integrity, independence and right to self-determination of our peoples.
The Government of Nicaragua reaffirms its firm commitment to the Rule of Law at the International Level, the search for a desired Understanding and the peaceful coexistence between Nations; and continues to promote the Culture of Peace, basing its international relations on friendship, solidarity and reciprocity between peoples, recognizing the principle of the peaceful solution of international disputes through the means provided by International Law.
Nicaragua shares historical bonds and mutual expressions of Fraternity and Solidarity with Palestine, being the first Central American country to establish diplomatic relations with the Palestine Liberation Organization (PLO) in 1979 and one of the first countries to officially recognize Palestine as an independent State.
Since then, the State of Palestine has maintained an Embassy in Managua. Nicaragua also maintains an Embassy in Ramallah, Palestine, through which we strengthen our mutual relations of Cooperation and Solidarity.
In 2008, the United Nations General Assembly approved the appointment of Nicaragua as a member of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, and in 2013, on the occasion of the first expansion of its Bureau, Nicaragua was elected Vice-President of the Committee.
Nicaragua has played an active and constructive role, especially at critical moments in history for the Palestinian People in their unwavering will to exercise their Inalienable Rights to Self- Determination and Sovereignty, their right to the Materialization of the Palestinian State, Free and Independent, in accordance with the 1967 borders and with East Jerusalem as its Capital.
The Government of Nicaragua has always maintained a firm and solidarity position in support of Palestine.
Nicaragua, as well as the International Community, considers that the actions undertaken by Israel constitute clear violations of the Genocide Convention.
In January 2024, the Government of Nicaragua, as a State Party to the Genocide Convention, in accordance with its obligation to prevent Genocide and to cooperate to that end with the other Contracting Parties, submitted to the International Court of Justice a request to participate in the case initiated by South Africa against Israel on 29th December, 2023, related to the "Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip."
Nicaragua's request to participate in this process was made under Article 62 of the Statute of the International Court of Justice, as a State Party to the merits of the case, and not as a participant in the interpretation of the Convention, reflecting the commitment of the Government of Reconciliation and National Unity and the People of Nicaragua to International Law, in particular, to the obligations of States to prevent Genocide, put an end to this scourge and contribute to the struggle of the Palestinian People for their Freedom, and their right to be a Full Member of the United Nations.
In February 2024, the Government of Nicaragua informed the Governments of the United Kingdom, Germany, the Netherlands and Canada of its decision to hold them accountable under International Law for the flagrant and systematic violations of the Convention on the Prevention and Punishment of the Crime of Genocide, International Humanitarian Law and Customary Law, including the Law on occupation in the Occupied Palestinian Territories, in particular the Gaza Strip.
The Government of Nicaragua is taking all legal actions to contribute to stopping the genocide of the Palestinian People and ending Israel's illegal occupation in the Occupied Palestinian Territories.
In March 2024, the Government of Reconciliation and National Unity filed a complaint to the International Court of Justice against the Federal Republic of Germany, for violations of the Convention on the Prevention and Punishment of the Crime of Genocide, the Geneva Conventions of 1949 and their Additional Protocols, the intransgressible principles of International Humanitarian Law and other peremptory norms of general International Law in relation to the Occupied Palestinian Territory, in particular the Gaza Strip.
Nicaragua adopted this decision in accordance with its obligations under International Law to guarantee respect for fundamental international texts and Customary International Law.
In its request to the high court, Nicaragua made two main requests: first, that Germany suspend its military support to Israel and second, that it renew its financial support to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).
The Government of Nicaragua acknowledged the Court's decision to remind all States of their international obligations regarding the transfer of arms to Israel, including Germany. The abovementioned reaffirmed that no State can ignore its obligations regarding the risk of genocide in Gaza and other violations of International Law.
Nicaragua has supported all initiatives at the United Nations aimed to achieve justice, accountability and to put an end to the impunity for war crimes and genocide against the Palestinian people.
Nicaragua has voted in favor of all resolutions on the Question of Palestine in the General Assembly, as well as in all its Main Committees, including Resolution ES-10/24.
Consequently, the Government of Nicaragua, in Permanent Solidarity with the People and Government of Palestine, with the Peoples who suffer Martyrdom, Destruction and Barbarism, and in strict adherence to International Law and the Conventions that govern civilized relations between States and Governments of the World, decided on 11th October, 2024, to break all Diplomatic Relations with the Government of the State of Israel.
Nicaragua does not recognize as legal the situation arising from Israel's illegal presence in the Occupied Palestinian Territory, nor does it provide any kind of help or assistance to maintain the situation created by Israel's illegal presence in the Territory.
Nicaragua believes that it can contribute to carrying out concrete actions, whether in the International Court of Justice, the General Assembly and all its Multilateral Bodies.
Nicaragua believes that all the studies and investigations carried out by the different mechanisms of the United Nations are required, in order to prove that Israel practices a system of segregation and apartheid imposed against the entire Palestinian People, throughout the Palestinian geography and against Palestinian refugees.
In the face of this apartheid policy, it is necessary, as some countries have pointed out, to reactivate the United Nations Special Committee against Apartheid, to consider the situation of Apartheid in Palestine.
As you are aware, there is a global demand that the United Nations should implement the same measures applied to Israel for its Apartheid policy, which were applied to South Africa, including the suspension of Israel from the United Nations General Assembly.
The Government and People of Nicaragua will remain firm in fulfilling their international obligations, in respect and defense of International Law and the Charter of the United Nations, the Resolutions of the General Assembly and in the sovereign exercise of their rights to maintain international relations with the Governments and Peoples of the world in conditions of Equality and Solidarity.
Valdrack Jaentschke Whitaker
Ministro de Relaciones Exteriores
República de Nicaragua