The European Center for Constitutional and Human Rights (ECCHR), together with the Palestinian human rights organizations the Palestinian Center for Human Rights (PCHR), Al Mezan and Al Haq, is supporting a Palestinian complainant from Gaza in a constitutional complaint before the Federal Constitutional Court against German arms exports to Israel.
Constitutional complaint against the approval of tank transmissions
The constitutional complaint is directed against German export licenses for tank transmissions manufactured by the company Renk. Tanks in which these transmissions are installed are being used extensively in Gaza – including in ways that violate international law and harm the civilian population.
As early as October 2024, the complainant had applied for interim legal protection at the Frankfurt Administrative Court. The application and the subsequent appeal to the Hessian Higher Administrative Court in Kassel were rejected. With the constitutional complaint now filed, the complainant is challenging these decisions, which denied him effective legal protection.
He invokes his fundamental right to life and physical inviolability (Article 2(2) of the Basic Law) as well as his right to effective legal protection (Article 19(4) of the Basic Law).
He is seeking a constitutional clarification as to whether the denial of interim legal protection – in light of the recognizable risks posed by German arms deliveries – violates his fundamental rights.
This case makes clear: Germany must protect people from the consequences of its arms exports. Decisions about arms deliveries are not only legally but also factually of immediate significance for human lives – during the two years of this devastating war as much as today.
Background: Arms deliveries and responsibility under international law
For over two years, Israeli forces have conducted military operations in Gaza. UN bodies, the International Criminal Court (ICC) and numerous human rights organizations have documented the most serious violations of international humanitarian law, including war crimes, crimes against humanity and genocide.
The German government continued to approve arms exports to Israel – despite clear indications of their use in violation of international law to the detriment of the civilian population. Only after several legal challenges and considerable public criticism were new approvals partially suspended. However, licenses already granted can continue to be delivered without hindrance – apparently including those against which the current constitutional complaint is directed.
The Trump Agreement: No relief for Germany
The ceasefire between Israel and Hamas announced on 10 October 2025 – known as the Trump Agreement – provides the people in Gaza with a much-needed respite. Israeli hostages have been released, Palestinian prisoners have been freed. This is a step that offers hope, but at the same time reminds us of the enormous pain and loss that this war has caused.
However, the agreement remains fragile and unstable. Israel continues to intend to occupy and control large parts of the Gaza Strip, and despite the ceasefire, military attacks continue to occur. Germany's obligations under international law and constitutional law therefore remain unchanged.
Wolfgang Kaleck, General Secretary of ECCHR: "The Trump Agreement has interrupted the Israeli government's genocidal war in Gaza. However, neither have its crimes of the recent past been properly accounted for, nor has Netanyahu's regime committed itself to respecting the human rights of Palestinians and international law in the future. In such a situation, both the Basic Law and international law prohibit German arms deliveries to Israel."
Germany must live up to its responsibility
The threat to the complainant's right to life persists. As long as the German government approves arms deliveries to Israel that can be used in Gaza, it is violating its constitutional duties of protection and international law.
The German government must fulfill its responsibility:
- No arms exports to Israel as long as there is a risk of systematic violations of international law.
- Lifting of the Israeli blockade on humanitarian assistance
- Enabling of independent international investigations in Gaza under UN mandate
This ceasefire must not serve as relief – neither for Israel nor for Germany. It must be understood as a moment of responsibility: for accountability, for prevention and for the enforcement of the law.
