Yesterday in the German Bundestag, Federal Chancellor Olaf Scholz made it very clear that the German government would continue to supply weapons of war to Israel, and that there had been no intention of stopping such deliveries. At ECCHR, we will continue to support the affected parties in their lawsuits against the continuation of these arms deliveries.
Today, supported by ECCHR, five affected persons from Gaza have taken legal action by filing an objection with the responsible Federal Ministry of Economics and Climate Protection (BMWK), against the granting of export licenses for weapons of war.
According to the German Weapons of War Control Act, licenses for weapons of war must not be issued if there is reason to believe that the Federal Republic is thereby violating its obligations under international law. With regard to arms exports, Germany is subject to several international legal obligations that prohibit arms exports if there is a risk that war crimes will be committed with such weapons.
“The Federal Republic of Germany must not militarily support the deliberate suffering of the Palestinian civilian population caused by Israeli warfare. On the contrary, Germany has an international legal obligation to refrain from aiding and abetting violations of international law, and to do everything in its power to prevent future violations. Germany must stop exporting weapons of war for use in Gaza, and must also require Israel to allow an independent investigation into the war in Gaza. That is why we are continuing to file legal actions. We owe it to international law, but above all to our Palestinian clients in Gaza,” said Dr. Alexander Schwarz, Deputy Program Director for International Crimes and Accountability at ECCHR.
Numerous international organizations and reports have confirmed that Israel is flagrantly violating international humanitarian law in the current war in Gaza, deliberately targeting protected areas with disregard for the resulting civilian casualties. The arrest warrant applications filed by the prosecutor of the International Criminal Court against Prime Minister Netanyahu and Defense Minister Gallant confirm this view. Moreover, in its advisory opinion of July 19, 2024, the International Court of Justice clearly stated that all member states, including the Federal Republic of Germany, are subject to an obligation “not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the Occupied Palestinian Territory.” It is consequently our view that the continued authorisation of weapons of war for use in Gaza by the Federal Republic of Germany is clearly unlawful.