Today, the German Federal Constitutional Court dismissed the constitutional complaint brought by a Palestinian living in Gaza challenging German arms exports to Israel. With this decision, the Court does not intervene to ensure effective legal protection for people whose lives are endangered by German arms exports.

“The Court acknowledges the duty to protect but only in the abstract and refuses to ensure its practical enforcement. For people whose lives are endangered by the consequences of German arms exports, access to justice remains effectively closed,” says Dr. Alexander Schwarz, Co-Director of the International Crimes and Accountability Program at ECCHR. “Especially when life and death are at stake, the rule of law must allow for judicial oversight. Instead, this decision largely removes state action in this sensitive area from review. This is not persuasive.”

The proceedings concern transmission components for Israeli Merkava and Namer tanks. These tanks are widely deployed by the Israeli armed forces in Gaza and, according to reports, have repeatedly been used in violation of international law. The Israeli ground offensive could not be conducted without these tanks being kept operational through German spare parts. They pose a direct threat to the life and physical integrity of the complainant living in Gaza – as well as many others.