Germany Faces Domestic Lawsuit Over Arms Sales To Israel

The suit specifically targets the export of weapons of war licenses issued by the German government to Israel, arguing that such exports violate various international laws and agreements.

The plaintiffs in the lawsuit, representing Palestinians who have suffered losses during Israeli attacks, seek to suspend these arms exports on the grounds that they contribute to violations of international law. They argue that the weapons provided by Germany are being used by Israel to target civilians and civilian infrastructure in Gaza, exacerbating the humanitarian crisis in the region.

The lawsuit argues that Germany violates several international agreements, including the EU Common Position on Arms Exports Control, the Arms Trade Treaty, the Genocide Convention, and the Geneva Conventions. It argues that by continuing to export arms to Israel despite evidence of their use in violations of international humanitarian law, Germany is failing to uphold its legal obligations.

German arms exports are governed primarily by the German Weapons of War Control Act (Kriegswaffenkontrollgesetz). This law regulates various aspects of arms exports, including the production, issuance, sale, trade, acquisition, and transportation of goods, resources, and organisms intended for war. Section 6 (3.2) of this Act provides that export permits must be refused if there are grounds to believe that they would violate Germany's obligations under international law or jeopardize the fulfilment of those obligations.

Germany is the second-largest arms exporter to Israel after the United States. In 2023, Germany issued a license for the export of 3,000 anti-tank weapons to Israel. Additionally, Germany has approved licenses for other military objects and is currently considering a request for the export of 10,000 rounds of 120 mm precision ammunition for Israeli tanks.

Nicaragua's Allegations

In addition to the legal challenge regarding arms exports to Israel, Germany has faced other proceedings related to its arms sales practices. Nicaragua has filed a legal action against Germany before the International Court of Justice (ICJ) in the Hague.

Nicaragua has accused Germany of complicity in the genocide of Palestinians by continuing to supply arms to Israel. The lawsuit alleges that Germany's arms exports violate the Geneva Conventions and international law, contributing to human rights violations in the Gaza Strip. Nicaragua has called for Germany to suspend arms shipments to Israel and to resume funds to the United Nations Relief and Works Agency for Palestine Refugees (UNRWA).

During the proceedings, Germany defended its arms exports, stating that there were assurances from Israel regarding the use of the weapons and arguing the robustness of its regulatory framework governing arms sales. However, Nicaragua and its legal representatives argued that Germany's arms sales make it complicit in Israeli war crimes and genocide.