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. |