Just five days after their lawsuit against German arms exports to Israel was dismissed, four plaintiffs from Gaza are once again faced with a political decision that directly threatens their lives: The German Federal Government announced yesterday that it would lift its partial suspension of arms exports to Israel imposed in August – despite the instability of the ceasefire and ongoing violations of international law.
On 12 November 2025, the Berlin administrative court held the first hearing on the legality of arms exports in Germany. Four civilian plaintiffs from Gaza – individuals who have all lost family members, whose homes have been destroyed, and who continue to live under constant threat – sought a ruling that a German export licence for war weapons was unlawful. The claimants challenged an export license issued by the German government to the German company Dynamit Nobel Defence at the end of October 2023, permitting the shipment of 3,000 portable anti-tank weapons to Israel. After the weapons were delivered to Israel in November 2023, the plaintiffs sought a determination that the authorisation had been unlawful.
The Berlin Administrative Court dismissed the case on procedural grounds. It held that there was “no risk of recurrence” because the conditions in Gaza had fundamentally changed and the German Government had announced a partial suspension of arms exports to Israel.
Yesterday’s announcement shows that the court’s decision is not only legally questionable but also out of touch with the political reality in Germany and Israel.
Legally Obligated – Politically Ignored
Even before yesterday’s announcement to once again approve the exports of arms to Israel, it was evident that the German government was prioritising political interests over its obligations under international and human rights law. The legal framework is clear: Germany must not authorise arms exports where there is a substantial risk that the weapons may contribute to violations of international humanitarian law. By ignoring this risk, the government is breaching key obligations under national and international law – including Germany’s War Weapons Control Act, the EU Common Position on Arms Exports, the UN Arms Trade Treaty, the Geneva Conventions, and its obligations under the Genocide Convention.
Decision Ignores the Reality of Those Affected
“Decisions on war-weapons exports cannot be made in a legal vacuum,” criticises Dr Alexander Schwarz, Co-Director of the International Crimes and Accountability Programme at ECCHR. “Especially in a situation where UN bodies and human rights organisations have documented the most serious crimes under international law as is the case in Gaza, it must be possible to judicially review whether the state’s actions are lawful.”
The lawsuit was filed in April 2024 by the law firm Geulen & Klinger in cooperation with ECCHR, the Palestinian Centre for Human Rights, Al Mezan, and Al-Haq, initially on behalf of five claimants from Gaza. An Israeli drone strike in July 2025 killed one of the claimants. The four surviving claimants each lost several close family members in Israeli attacks; nearly all of their possessions were destroyed. Like almost all of Gaza’s approximately two million residents, they have been displaced multiple times and are living in tents in displacement camps.
Even since the so-called ceasefire began on 10 October 2025, the claimants’ lives continue to be in danger: the ceasefire has been violated at least 200 times, with more than 240 people killed and at least 620 injured. Only hours after the judgment, Israeli forces carried out several airstrikes on Gaza. In view of numerous documented war crimes, it was already foreseeable in October 2023 that the exported weapons could contribute to violations of international law. As early as 24 October 2023, UN Secretary-General Antonio Guterres spoke of “clear violations of international humanitarian law” by Israel.
Germany is Israel’s second-largest supplier of arms after the United States. Since October 2023, the German government has issued export licences worth more than €490 million – including anti-tank weapons and gearboxes for Merkava tanks used in Gaza.
Legal Protection Gap remains – ECCHR Continues Proceedings
Even after the judgment of the Berlin Administrative Court on 12 November 2025, it remains unclear to what extent individuals whose lives are endangered by German weapons abroad can take legal action against such exports. Although the German Federal Constitutional Court in its Ramstein decision recently recognised that Germany has a duty to protect people exposed to systematic violations of international law, the Berlin court missed the crucial opportunity to apply these constitutional principles and to delineate the limits international law places on German arms exports. Despite the dismissal, the struggle of the affected communities continues: in October, one claimant lodged a constitutional complaint challenging further export authorisations – this time for tank gearboxes.
No Exports Where Violations of International Law Are Overwhelmingly Likely
Germany must abide by its own legal obligations: The renewed approval of arms exports despite well-documented serious violations of international humanitarian law, and despite a clearly overwhelming risk that the weapons will be used in violation of international law, undermines fundamental legal standards and jeopardises Germany’s credibility. An Israeli government policy that consistently prioritises military dominance over political solutions and that entails a high risk of grave breaches
