On Thursday, 12 February 2026, the German Federal Constitutional Court will rule on a constitutional complaint supported by the European Center for Constitutional and Human Rights (ECCHR) and Palestinian partner organizations challenging German arms exports to Israel. At the heart of the case is the question of whether people whose lives are endangered by German weapons deployed in Gaza can challenge German arms export licenses.
The complainant, a Palestinian civilian from Gaza, is challenging export licenses for German tank transmission parts intended for Israeli Merkava tanks which are deployed in Gaza. His requests for interim relief before the administrative courts were previously dismissed on the grounds that he lacked an individual legal interest in protection.
The Federal Constitutional Court must now decide whether denying access to judicial protection is consistent with the German Basic Law. The core question is whether state decisions on arms exports must be subject to judicial review when they endanger people’s fundamental rights – even when those affected live outside Germany. This question relates to a previous case supported by ECCHR: in its ruling on the U.S. Air Base Ramstein, the Federal Constitutional Court clarified that Germany can have constitutional duties to protect fundamental rights even abroad. These standards are now to be applied to arms exports.
Significance for the situation in Gaza
The complainant, who lost his wife and child in Israeli attacks, continues to live with his remaining family members in Gaza under constant threat from recurring military attacks – also in his immediate surroundings. The ongoing humanitarian crisis is further exacerbated by cold temperatures and the announced activity ban on many humanitarian organizations, including Doctors Without Borders. For him and millions of people in Gaza, the decision of the Federal Constitutional Court is not an abstract legal question.
The so-called ceasefire announced in October 2025 has not brought safety to the people of Gaza. According to international organizations, more than 574 people have been killed since then, including over 100 children. Airstrikes, shelling, and military operations continue. In the past week, attacks on Gaza further escalated: on 4 February, Israeli attacks involving tanks and bombardments killed at least 24 people, including seven children. Just days earlier, Israeli attacks had killed at least 32 people in Gaza, most of them women and children.
As recent media reports indicate, spare parts such as the German tank components are installed immediately in the “combat zone,” i.e., in Gaza, after delivery to Israel. These parts reportedly do not “simply sit on shelves in Israel.”
Significance of the decision
The Federal Constitutional Court will clarify the extent to which German courts enforce the protection of human rights in the face of political and economic interests. It is therefore groundbreaking for numerous other cases in which affected individuals seek effective judicial protection against state decisions with serious human rights consequences.
Regardless of the specific outcome, Germany remains obliged to align its arms export policy with its obligations under German Basic Law and international law. As Israel’s second-largest arms supplier, Germany bears concrete co-responsibility for the human rights consequences of these exports.
“The decision will clarify whether people from Gaza, whose fundamental rights are threatened by German arms exports, will have access to German courts and whether courts will in future be required to examine seriously whether German exports endanger civilians,” says Dr. Alexander Schwarz, Co-Head of Program for International Crimes and Accountability at ECCHR.
ECCHR supports the complainant together with the Palestinian human rights organizations Al-Haq, Al Mezan Center for Human Rights, and the Palestinian Centre for Human Rights (PCHR).
More information on the case here.
