Germany’s top court rejects Palestinian challenge to Israeli arms exports

By Ayhan Simsek

BERLIN (AA) - Germany's top court on Thursday rejected a Palestinian man's constitutional complaint seeking to block German arms exports to Israel.

The Federal Constitutional Court acknowledged that the Constitution requires the state to protect international humanitarian law, but ruled that this does not give rise to specific actionable rights that would be enforceable by individuals before the courts.

The case was brought to the court by a Gaza resident who lost his wife and child in Israeli military strikes and sought to prevent German manufacturers from delivering spare tank parts to Israel. Earlier, lower German courts dismissed the man’s complaints on procedural grounds.

The Federal Constitutional Court said on Thursday that it would not admit the complaint for review, as it found no grounds to overturn earlier decisions by lower courts. The court said Germany's Constitution requires the state to protect international humanitarian law, but government officials have wide latitude in how they fulfill this mandate.

“When assessing an application for licenses for the export of military equipment, it must be examined whether such export entails risks for compliance with international humanitarian law and international human rights. If the existing risk exceeds a certain threshold, such licenses must be denied,” the court said.

“Due to the wide margin of assessment, appreciation, and design afforded to public authority, the general mandate of protection for human rights and international humanitarian law generally does not require granting third parties legal standing to individually challenge specific measures taken in the area of armament and security policy.”

The ruling disappointed human rights groups that had hoped for a precedent allowing civilians endangered by German weapons to access German courts.

Germany remains Israel’s second-largest arms supplier, despite documented war crimes and violations of international humanitarian law in Gaza. Berlin authorized sales totaling more than €492 million ($585 million) between Oct. 7, 2023 – the day Israel’s two-year offensive on Gaza began – and June 5, 2025. Last August, the German government imposed restrictions on arms exports amid mounting public pressure. However, the restrictions were lifted weeks after Israel and Hamas announced a ceasefire last October.

Israel's two-year military campaign has resulted in more than 72,000 Palestinian deaths and over 171,000 injuries. Nearly 90% of Gaza's infrastructure has been demolished.

Last year, a special UN Human Rights Council investigation determined that Israel's actions in Gaza meet the legal criteria for genocide. The International Criminal Court issued arrest warrants in November 2024 for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant on charges including war crimes and crimes against humanity.