A new entreaty to halt all arms trade with Israel is set to arise in Germany, further pushing Berlin amidst increasing concerns about the havoc and fatalities in Gaza’s war. A lawsuit scheduled for Thursday in the German jurisdiction will request the judges to compel the government to nullify all weapon licences supplied to Israel commencing October 7 following Hamas’s assault on Israel.
Germany is recognised as a critical arms supplier to Israel, ranking after the United States and dwarfing the UK in significance. This court action has been initiated by four human rights organisations representing five Palestinians identified by name. These individuals allege that they are living in dread for their lives in Gaza and enduring a type of communal punishment from Israel.
The legal encounter targets the Green party-led ministry for economics and climate action that bears responsibility for export permissions under the Weapons of War Control Act. The complainants, represented by the European Center for Constitutional and Human Rights (ECCHR), assert that the German Government is likely to be contravening the arms trading treaty, the Geneva conventions, and its responsibilities under the genocide convention – all ratified by Germany.
The lawsuit proposes to process the proceedings in writing and would most tangibly impact Germany’s sale of 3,000 tank-defeating weapons. The named Palestinian plaintiffs consist of those who have lost family members, residences and jobs in the conflict and are recognised as internally displaced individuals.
One plaintiff recounted, “All my five children met their death when the refugee camp we sought asylum in after evacuating from the north was hit by Israel. Germany needs to desist from sending arms that stoke this war. No mother ought to experience such a painful loss.”
The General Secretary of ECCHR, Wolfgang Kaleck, stated that Germany’s foreign policy would have to respect its own laws to remain true to its values and uphold international law and human rights. The Green foreign minister, Annalena Baerbock, has grown increasingly critical of Israel, referring to Gaza as a hell. Yet, Germany continues to view the preservation of Israel’s security as a fundamental aspect of its foreign policy due to historical reasons.
The lawsuit is distinct from that initiated by Nicaragua, who earlier this week, made an argument in the International Court of Justice in The Hague, alleging Germany’s disobedience to the Geneva conventions, given its continued armament provision to Israel. In response, Germany maintained prior assurance from Israel on the implementation of necessary safeguards and stated that currently there isn’t any reason to question this.
In the context of the value of defence equipment exports, German officials acknowledge that despite a total value of €203 million (£174 million) in October 2023, the value declined sharply to merely €1 million in March. Parallelly, it is announced that the Global Legal Action Network will realise its oral hearing slated for April 23rd, regarding their request to review the UK statement, which approved the continuation of arms exports on the premise that Israel isn’t breaking the law.
The UK government is predicted to offer further insight, in the subsequent week’s parliamentary session, into how the legal advice validates Israel’s adherence to international humanitarian law – a claim much debated. Although the government has declined to disclose the precise legal advice or even a summary, it is anticipated that the ministers will elaborate on their policy stance.