Gaza Civilian's Arms Export Case Could Transform Germany’s Law
The Federal Constitutional Court will adjudicate a constitutional grievance submitted by a Gaza resident whose wife and child perished in Israeli military bombardment. The European Center for Constitutional and Human Rights (ECCHR) and Palestinian partner organizations are supporting the legal action.
"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," said Dr. Alexander Schwarz from ECCHR.
Previously, lower German tribunals rejected the complaint from the Palestinian man, who continues residing with surviving family members in a tent in southern Gaza amid relentless military assault threats. Last December, he submitted an emergency petition to the Federal Constitutional Court demanding cessation of German defense contractors' spare part deliveries for Israeli tanks.
Despite documented international law breaches in Gaza, Germany has maintained authorization of arms sales to Israel, according to ECCHR. Germany stands among Israel's principal weapons suppliers, approving transactions exceeding €492 million ($586 million) from Oct. 7, 2023, through June 5, 2025.
German Chancellor Friedrich Merz, a resolute Israeli ally, implemented export constraints in August following escalating public outcry. Nevertheless, restrictions were rescinded weeks following the October 2025 ceasefire declaration between Israel and Hamas.
ECCHR contends that components and military hardware from German manufacturers are being deployed in Israeli military campaigns. The organization emphasizes the October 2025 ceasefire has not delivered security to Gaza inhabitants. International bodies document over 574 fatalities in Israeli military strikes since then, including more than 100 children.
Last year, a specialized UN Human Rights Council investigation concluded Israel's conduct in Gaza satisfies legal definitions of genocide. The International Criminal Court issued arrest warrants in November 2024 for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant on charges including war crimes and crimes against humanity.
Israel's military offensive, launched in October 2023, has produced over 72,000 Palestinian casualties and more than 171,000 wounded. Nearly 90% of Gaza's infrastructure has been destroyed.
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