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 series of lawsuits and requests for provisional measures began on 11 April 2024 before the Berlin Administrative Court. Our requests against German weapons of war shipments to Israel were rejected in Berlin in June. This rejection primarily is a result of the German government’s statement that no weapons of war were being exported to Israel at the time. The court in no way disputed the right of the Palestinian plaintiffs to be heard. Within the framework of a continuation of a declaratory judgment action (Fortsetzungsfeststellungsklage), we nonetheless continue our efforts to establish whether the previous shipments of weapons of war that took place between October 2023 and February 2024 were actually lawful.
On 2 May, we filed for provisional measures with the Berlin Administrative Court to prohibit the authorization of additional export licenses for weapons of war. This concerned 120 mm tank ammunition, as well as other kinds of ammunition and small arms that have been used in Gaza since 7 October 2023. 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 of war exports. This is the only way that plaintiffs can apply for provisional measures in court and safeguard their rights. On 22 May, the German government rejected the requested provisional measures sought by the five Palestinian plaintiffs. The appeal proceedings against this decision before the Higher Administrative Court are currently underway.
In July 2024, we filed for provisional measures with the Frankfurt/Main Administrative Court regarding other military equipment that does not fall under the weapons of war regulation. This includes engines and transmissions for tanks and components for weapons systems, as well as licenses for the reproduction and transfer of technology. The request was directed against the Federal Office of Economics and Export Control (BAFA). With this additional legal step, we aimed to further restrict the federal government's scope of action and decision-making authority, and called for heightened transparency regarding arms export licenses.
After the proceedings in July 2024, which have now been legally concluded, we filed an additional request for provisional measures with the Frankfurt Administrative Court on 24 October on behalf of one of the Palestinian plaintiffs. With our urgent request, we are sending a clear signal that we are not prepared to let Germany's obligations under international law be brushed aside. Shortly beforehand, the German government had published uncontested press reports stating that export licenses spare parts for tanks, which are also used in Israeli Merkava tanks, had already been available to the German armaments company Renk Group AG for some time. Thus, for good reason, we have once again taken legal action against the shipment of German armaments that could be used in Gaza.
As a matter of principle, we continue to advocate for the judicial review of all current and future licensing procedures for weapons of war exports. None of our urgent requests concern a general arms embargo; rather, they refer solely to exports of weapons of war that are allegedly being used in the war in Gaza in violation of international humanitarian law. Numerous reports from the UN, international organizations, and the arrest warrant applications of the International Criminal Court have confirmed attacks on specially protected objects, as well as the dramatically high number of civilian casualties.
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.
