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Dear supporters,

One of the legal actions we support, which challenges German arms exports to Israel, was heard before the Administrative Court in Berlin a few days ago. This marked the first hearing of its kind before a German court. The court dismissed the case on procedural grounds, arguing that there was “no risk of repetition” because conditions in Gaza had fundamentally changed and the German government had partially suspended arms exports to Israel in August 2025.

Yet only five days later, the German government announced that it would lift these very restrictions. This reversal underscores how the court’s reasoning relied on assumptions that were neither reliable nor realistic, even at the time. It was based on claims by the German government that its licensing practice on weapons of war had “fundamentally changed”.

But a temporary political decision, reversible at a moment’s notice, cannot justify a procedural dismissal of this kind, particularly in the absence of any sustained shift in the government’s policy of unconditional support for Israel and while legally relevant risks under international law clearly persist. The court’s decision failed to recognise this.

The situation in Gaza is not consistent with the court’s determination: the ceasefire continues to be fragile, and we receive near-daily reports of new attacks and fatalities. The perpetual threat of further Israeli attacks remains, and so does the danger faced by our four plaintiffs from Gaza: Abed, Maher, Khalil and Ibrahim. All have witnessed the killings of close family members and the destruction of their homes and belongings. Tragically, one of our original five plaintiffs was killed in an Israeli drone strike on a food stand in July 2025. The attack killed eight people.

The plaintiffs challenged an export license the German government issued to the German company Dynamit Nobel Defence at the end of October 2023, which permitted the shipment of 3,000 portable anti-tank weapons, also known as Bazookas, to Israel. In urban settings where the other side does not possess tanks, such weapons are typically used against buildings, causing fires where their projectiles hit.

The law is clear: Germany violates its obligations under international law when it authorises arms exports even though there is a substantial risk that such weapons may contribute to violations of international humanitarian law. Nevertheless, even in the wake of almost 70,000 Palestinians killed in Gaza, Germany continues to export arms: since October 2023, the government has approved arms exports to Israel worth over 520 million euros, making Germany the second-largest supplier of arms to Israel after the United States.

At the same time, the situation in Gaza, East Jerusalem and the West Bank continues to deteriorate. Beyond a fragile ceasefire, which has been marked by violations of international law and civilian killings, senior members of the Israeli government have reaffirmed their categorical rejection of a Palestinian state. Prime Minister Netanyahu stated that Israel’s opposition to any form of Palestinian sovereignty “west of the Jordan River” remains “firm” and has “not changed in any way” – a clear and continued violation of the Palestinians’ inalienable right to self-determination. Meanwhile, settler violence in the West Bank has escalated to the highest levels in recent years, and state-backed land thefts are proceeding under the protection of the Israeli army. There is no end of grave violations of international law in sight.

Together with our plaintiff Abed and supported by the human rights organisations Palestinian Centre for Human Rights (PCHR), Al Mezan and Al Haq, we filed a constitutional complaint at the Federal Constitutional Court in Karlsruhe, as announced in our (last newsletter)[1]. Germany’s legal responsibility for Gaza does not end with judicial dismissals. Nor does it end with a ceasefire deal, marked by continued violations of international humanitarian law.

Yet a structural problem remains: Even though the German Federal Constitutional Court recognised in its Ramstein decision – another case supported by ECCHR – that foreign plaintiffs abroad may invoke constitutional rights in Germany, administrative courts continue to deny individuals from Gaza access to effective judicial review. Those most at risk are unable to attain legal scrutiny – a gap that we are determined to close.

When German weapons are used in conflicts where civilians are deliberately killed, whole cities destroyed, and basic human rights are trampled, this is not an unfortunate “side effect” - it is the direct result of political decisions. The German government is responsible for the deadly, real-world consequences of its export decisions, whether in Gaza or elsewhere. No one should be exposed to the risk of German weapons being used in situations where there is a high likelihood of serious violations of international humanitarian law. As long as Germany continues to approve arms exports despite clear evidence of systematic violations, the government is in breach of its obligations under international law. We work to ensure that these obligations are taken seriously wherever German decisions affect the lives of civilians.

Our work is challenging. It is legally complex. It questions the actions of governments. And it is only possible because people like you stand with us.

Please support our work and (donate to help defend justice and human rights)[2]. Independent human rights work requires independent funding. Your contributions enable us to pursue critical legal interventions – against governments, against unlawful arms exports and in defence of real human rights protection.

We will continue to stand up for justice. And together, we will persevere.