Constitutional Complaint Against German Arms Exports
Open Browser

A Palestinian from Gaza seeks justice in Germany's top court

Constitutional complaint against German arms exports

OCTOBER 21, 2025 | SPECIAL NEWSLETTER

,


Abdel J., a Palestinian from Gaza, has lost everything he loved: his wife and child were killed in an Israeli airstrike in 2024. Now he is taking legal action against Germany’s exports of weapons of war and arms shipments to Israel which continue to be used in Gaza, even after the current fragile ceasefire. The German government approved these exports despite long-standing documentation of systematic violations of international law in Gaza. With his constitutional complaint before the Federal Constitutional Court in Karlsruhe, Abdel J. is demanding that human lives be protected and that Germany take responsibility for the deadly consequences of its arms exports.

Human rights lawyer and wife of Abdel J. © Private

14-month-old daughter of Abdel J. © Private

The road to Karlsruhe


In October 2024, Abdel J. applied for interim legal protection at the Frankfurt Administrative Court to stop the delivery of tank transmissions, with our support. These tank transmissions are manufactured by the company Renk and installed in Merkava tanks. The court rejected the application and further refused to grant effective legal protection, despite the obvious danger to Abdel J. and countless others in Gaza.


Now the case enters its decisive phase: with the support of the Palestinian Center for Human Rights (PCHR), Al Mezan and Al Haq, a constitutional complaint has been filed in Karlsruhe. The fundamental questions are: does Germany have a duty to protect people from the deadly consequences of its arms exports? Are courts obliged to enforce this right to protection if there is a risk that German arms exports could be used in attacks that violate international law?


The legal answer is clear: Germany has a constitutional duty to protect the right to life and physical integrity — even when state action through arms exports enables breaches of international law.


For more than two years, Israeli forces have carried out military operations in Gaza. UN bodies, the International Criminal Court, and numerous human rights organizations have documented grave violations of international humanitarian law — including war crimes, crimes against humanity, and genocide.


The devastating war waged by the Israeli government in Gaza has not ended with the recent ceasefire agreement. The crimes of the past remain unaddressed, and the regime has made no commitment to respect the human rights of Palestinians or comply with international law in the future. Under these circumstances, both the German Constitution and international law prohibit arms exports to Israel, as they increase the risk of further human rights violations. Nevertheless, the German government continued to authorize arms exports to Israel until the very last moment — including the tank transmissions that have been used in Gaza.

Ceasefire - what now?


The ceasefire announced in October 2025 has brought a brief respite for the people of Gaza. Yet the situation remains fragile: attacks and civilian deaths continue, including by Israeli tank fire and airstrikes. In addition, Israel again blocks the delivery of humanitarian aid to two million people in Gaza. Under these conditions, Germany's obligations under international law and constitutional law remain unchanged.


Germany continues to decide on arms exports without sufficient parliamentary oversight or public transparency. These exports are approved without any opportunity for Parliament or the public to assess their consequences.


This is where we step in: we are demanding transparency and accountability regarding the export and use of German weapons. Only through public scrutiny and effective oversight of German arms exports we can prevent their use in conflicts where human rights are violated, or war crimes are committed.


Since early 2024, we have supported several urgent requests against German exports of weapons of war and arms shipments to Israel and, together with our Palestinian partner organizations, have enabled lawsuits against the German federal government — now also before the Federal Constitutional Court in Karlsruhe. Every approved shipment, every civilian life lost, concerns us all.


Today our focus is on Gaza and its people — but our broader goal is clear: to stop further violations of national and international law — in Gaza and beyond.

What you can do


Our work can only succeed if people like you stand by our side. With your donation, you strengthen our commitment to taking targeted action against war crimes and demanding that those in power uphold their obligations under international law. Even more importantly, you stand in solidarity with Abdel J. and all those affected in Gaza.


Every donation helps ensure that law and human dignity are not just words on paper.

Join us. Your support makes all the difference.


Warm regards,


Dr. Alexander Schwarz

Co-Director International Crimes and Accountability Program

Support us


Although every case is unique, they all have one thing in common: they require consistent and independent action, always in the interests of those affected. Without their courage, our work would not be possible.


Donate now

Let's stay in touch!

+49 (0)30 69506023          newsletter@ecchr.eu

ECCHR

EUROPEAN CENTER FOR CONSTITUTIONAL AND HUMAN RIGHTS
Zossener Straße 55 – 58
D – 10961 Berlin

+ 49 30 400 485 90
info@ecchr.eu

If you no longer wish to receive this email, you can unsubscribe here. 

bluesky facebook instagram linkedin youtube

Bank details
Name: ECCHR
Bank: Berliner Volksbank
IBAN: DE77 100 90000 885360 7011
BIC: BEVODEBB

Further information on data protection and imprint.