Berlin Administrative Court rejects lawsuit against arms exports to Israel
The Berlin Administrative Court has rejected two lawsuits against the approval of war weapons exports to Israel. The court ruled on Wednesday that lawsuits filed by several Palestinians from the Gaza Strip were inadmissible. For example, the plaintiff is seeking “preventive legal protection” with a view to possibly taking a decision in the future that ignores the requirements of international law, which cannot be taken “right now”.
In August, Chancellor Friedrich Merz (CDU) announced a temporary suspension of arms export approvals to Israel, the court explained. Therefore, the plaintiffs “do not need an injunction at this time.” In the second case, which concerns the subsequent classification of permits issued in 2023 for the export of portable anti-tank weapons, the lawsuit was also rejected for procedural reasons, he said. (Ref. VG 4K 45/24 and VG 4K 130/24)
A subsequent determination of illegality is only legally possible if there is a real risk of recurrence. This is not the case, in part, because the Gaza conflict situation has now “changed fundamentally” compared to the situation in the fall of 2023. Therefore, the federal government cannot take new decisions under the same conditions as two years ago.
AFP
