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Legal push to stop Germany’s arms exports to Israel

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Legal push to stop Germany’s arms exports to Israel

Berlin lawyers filed a petition against the German government on Friday (5 April) to cease the authorisation of weapons of war exports to Israel.

The appeal is being lodged by Palestinians in Gaza, urging for an immediate end of weapon supplies to Israel.

The approval of arms exports requires that the weapons are not used against Germany’s obligations to international law, including the prevention of genocide.

“But there is reason to believe that these weapons are being used to commit grave violations of international law, such as the crime of genocide and war crimes,” the team of lawyers, which include Nadija Samour and Ahmed Abed, wrote in a press release.

“The applicants are hereby demanding that the German government protect their right to life,” they added.

In 2023, the German government issued arms export licences to Israel worth €326.5m, the majority of which were approved after October 7, 2023. This represents a tenfold increase compared to 2022.

The German government has authorised the provision of 3,000 portable anti-tank weapons, 500,000 rounds of ammunition for machine guns, submachine guns, or other fully or semi-automatic firearms, along with additional military gear.

This year the government is set to approve an additional 10,000 rounds of 120mm tank ammunition and the lease of two TP-Heron combat drones.

Friday’s appeal follows a criminal complaint filed in February by the same lawyers against government officials, including Chancellor Olaf Scholz, for “supporting Israel’s genocide in Gaza.”

“This lawsuit sends a clear message: you can’t remain complicit without consequences,” said Samour at the time. She cited the government’s approval of arms exports to Israel and the decision to cut aid payments to the U.N. agency for Palestinian refugees, UNRWA, as reasons for the criminal complaint.

The latest case builds on this argument and aims to put an end to arms export approvals to Israel and to revoke approvals that have already been granted.

In recent months, a number of countries have announced they are suspending arms exports to Israel. These include Canada, Belgium, Italy and Spain.

In February, the Hague Court of Appeal ordered the Dutch government to stop providing Israel with F-35 fighter jet components because there was a “clear risk” that severe violations of international humanitarian law would be committed with the aircraft in Gaza.

The UK government is currently awaiting legal advice from its lawyers on whether or not selling arms to Israel is in breach of international law.

Germany — by far Europe’s biggest arms supplier to Israel — has not as yet signalled intentions to stop arms exports. But as a signatory to the UN Genocide Convention, it is legally obligated to prevent genocide.

Since the International Court of Justice in the Hague, in a January decision, saw evidence of potential genocide in Gaza, the lawyers believe that Germany’s weapon approvals are contrary to these obligations.

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