German court rejects Palestinian motion to halt arms exports to Israel

By Oliver Towfigh Nia

BERLIN (AA) - A court in Berlin on Friday dismissed a Palestinian motion to stop German arms exports to Israel, according to media reports.

The legal bid by a Palestinian father and his son from the Gaza Strip to prohibit the federal government from supplying arms to Israel has also failed in the second instance. The Berlin-Brandenburg Higher Administrative Court (OVG) has rejected the complaint from a father and his son in an expedited procedure, an unnamed spokeswoman said.

The Palestinian motion was aimed at stopping the arms deliveries through so-called interim legal protection. This serves to provide provisional protection until a decision is made on the main issue. However, the OVG agreed with the Berlin Administrative Court's view which in June, dismissed three Palestinian legal bids as inadmissible.

According to the higher court, it is currently not possible to say with certainty which decisions the federal government will make in the future and under what actual and legal conditions they will be made.

The court argued that it could not be predicted that the federal government would grant approval for arms deliveries in violation of obligations under international law.

In June, a Berlin administrative court rejected an urgent request by a number of Palestinian Gaza residents to stop the government approving permits for the export of German weapons to Israel on grounds that they might be used in violation of humanitarian law.

The court argued the plaintiffs had not shown that decisions on arms exports to Israel were actually pending, as Germany had abstained from issuing any this year, or that Berlin was likely to permit exports in violation of its obligations under international humanitarian law.

Last year, Germany approved arms exports to Israel worth 326 million euros ($354 million), 10 times more than in 2022. ​​​​​​​

In 2023, Germany made substantial arms exports to Israel, including two Sa’ar 6-class corvettes, 10 DM2A4 Seehecht torpedoes for Dolphin submarines, and numerous diesel engines for various military vehicles, as reported by SIPRI.

The Sa’ar 6 corvettes, partially funded by the German government, became operational during Israel's current offensive in Gaza. These warships have actively participated in offshore strikes and contributed to the Israeli Navy’s blockade of Gaza.

The Eitan Armoured Personnel Carrier (APC), powered by German diesel engines, was fast-tracked into operational status in Gaza. Both the Eitan and its infantry fighting vehicle counterpart have been deployed on the front lines, supporting Israeli forces in urban assault operations.

Germany also exported diesel engines for Merkava-4 tanks, which are integral to Israel’s ground invasion. Since last October, these tanks have been used in attacks on civilians and infrastructure in Gaza.

This January, the weekly Der Spiegel news magazine reported that Berlin agreed to supply Israel with 10,000 rounds of 120mm tank ammunition from its military stockpiles, following an Israeli request last November. ​​​​​​​