Our position remains that the German government, on the basis of international law, is not permitted to supply weapons of war to Israel for use in Gaza. Our request was dismissed primarily because the German government is not currently exporting weapons of war to Israel. However, if the government authorizes additional exports, we will file new requests for provisional measures.
Additional proceedings are also currently underway at the Administrative Court of Berlin. Within the framework of a continuation of a declaratory judgment action (Fortsetzungsfeststellungsklage), we seek to establish whether the shipments of weapons of war that took place in the period from October 2023 to February 2024 were actually lawful.
The court did not dispute in any way that our Palestinian clients have the right to be heard – which itself is a positive development.
In July 2024, we filed a request for provisional measures with the Administrative Court in Frankfurt concerning other defense equipment that does not fall under the weapons of war regulation. Such equipment includes engines and transmissions for tanks and components for other weapon systems, as well as licences for the reproduction and transfer of technology. The request is directed against the Federal Office of Economics and Export Control (BAFA). With this additional legal step, we aim to further restrict the federal government's scope of action and latitude in decision-making, and call for heightened transparency regarding arms export licenses.
The background: On 2 May, we filed for provisional measures to prohibit additional weapons export licenses – in particular, for 120mm tank ammunition, as well as other kinds of ammunition and small arms that have been used in Gaza since 7 October 2023. On 22 May, the German government rejected the requested provisional measures sought by the five Palestinian plaintiffs.
We requested that urgent legal protection be granted to the plaintiffs, who are all currently located in the besieged city of Rafah in the south of the Gaza Strip – and are therefore in grave danger. Furthermore, we demanded more transparency from the German government concerning its licensing procedures for weapons exports. This is the only way that plaintiffs can apply for provisional measures in court and safeguard their rights.
We continue to call for all current and future licensing procedures for exports of weapons of war to be subject to judicial review. In addition, we have submitted detailed applications requesting the court to determine the illegality of the anti-tank weapons already approved and delivered, which have allegedly been used in violation of international law in Gaza since November 2023. Our lawsuit does not seek a general arms embargo but, rather, solely a ban on weapons of war exports allegedly used in the war in Gaza which may violate international humanitarian law.
On behalf of the five Palestinian plaintiffs, we stress that the ongoing war in Gaza must be brought to an end and the remaining Israeli hostages released. The Palestinian population has a fundamental right to protection and dignity, as does the Israeli population.
