German court rejects Palestinian’s bid to prevent weapons exports to Israel

German soldiers play in a military brass band in front of the Arrow 3 shield system during an event of the German Air Force to declare the Initial Operating Capability for the Arrow Weapon System for Germany at the Annaburger Heide Air Base in Schoenewalde/Holzdorf, eastern Germany, December 3, 2025 (Ralf Hirschberger/AFP)
German soldiers play in a military brass band in front of the Arrow 3 shield system during an event of the German Air Force to declare the Initial Operating Capability for the Arrow Weapon System for Germany at the Annaburger Heide Air Base in Schoenewalde/Holzdorf, eastern Germany, December 3, 2025 (Ralf Hirschberger/AFP)

Germany’s highest court throws out a case brought by a Palestinian civilian from Gaza seeking to sue the German government over its weapons exports to Israel.

The complainant, supported by the European Center for Constitutional and Human Rights (ECCHR), had been seeking to challenge export licenses for German parts used in Israeli tanks deployed in Gaza.

After his case was rejected by lower courts in 2024 and 2025, he had appealed to the Federal Constitutional Court.

But the court in Karlsruhe dismisses the case, stating that “the complainant has not sufficiently substantiated that the specialized courts misjudged or arbitrarily denied a possible duty to protect him.”

While Germany is obliged to protect human rights and respect international humanitarian law, this does not mean the state is necessarily obliged to take specific action on behalf of individuals, the court says.

“It is fundamentally the responsibility of the state authorities themselves to decide how they fulfill their general duty of protection,” it adds.

The ECCHR calls the decision “a setback for civilian access to justice.”

“The court acknowledges the duty to protect but only in the abstract and refuses to ensure its practical enforcement,” says Alexander Schwarz, co-director of the organization’s International Crimes and Legal Accountability program.

“For people whose lives are endangered by the consequences of German arms exports, access to justice remains effectively closed,” he says.

The complainant was one of five Palestinians who initially brought their case against the German government in 2024.

Most Popular
If you’d like to comment, join
The Times of Israel Community.
Join The Times of Israel Community
Commenting is available for paying members of The Times of Israel Community only. Please join our Community to comment and enjoy other Community benefits.
Please use the following structure: example@domain.com
Confirm Mail
Thank you! Now check your email
You are now a member of The Times of Israel Community! We sent you an email with a login link to . Once you're set up, you can start enjoying Community benefits and commenting.