"The plaintiffs argued that the government's approval of the exports contravenes Germany's commitments under international humanitarian law. Court finds cases invalid given changed circumstances The court said in a press release on Wednesday evening that both cases were rejected on procedural grounds. It said the preemptive prevention of new arms exports the plaintiffs sought would have required a situation where it was likely that Germany would export weapons to Israel in contravention of its human rights law commitments in the near future."
""That is currently not expected to be the case," the court wrote. "The federal government has explicity changed its approval policy on the delivery of weapons of war to Israel." The other lawsuit, which initially sought the revocation of approval to export anti-tank weapons to Israel first granted in October 2023, was later changed to seek a retroactive statement declaring the export to be illegal."
The Administrative Court of Berlin rejected two appeals aimed at stopping German weapons exports to Israel and at retroactively declaring a 3,000 portable anti-tank weapon export unlawful. Plaintiffs included a naturalized German citizen, his father in Gaza, and other co-plaintiffs who argued the exports breached Germany's international humanitarian law commitments. The court dismissed the cases on procedural grounds, finding no imminent likelihood of Germany violating its human rights law commitments and noting that the federal government had explicitly changed its approval policy. The court also noted uncertainty about future decisions and significant changes in the Gaza conflict since fall 2023.
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