Berlin Administrative Court Dismisses Palestinian Legal Challenges to Arms Exports to Israel on Procedural Grounds
A Berlin Administrative Court has rejected multiple lawsuits filed by Palestinians contesting the German government’s issuance of export licenses for military equipment to Israel. The court’s decision, announced Wednesday, underscores the complex legal and political challenges surrounding Germany’s arms trade policy in the context of the ongoing conflict.
The dismissed cases stemmed from challenges to the government’s practice of issuing licenses, with plaintiffs arguing that the approval process contravenes international law, specifically citing Israel’s alleged use of weapons in ways that violate those same laws. One suit, filed by a resident of the Gaza Strip, sought to compel the German government to deny all further approvals for arms deliveries. The court deemed the action inadmissible, citing procedural hurdles.
A separate legal proceeding, initiated by four Gazan residents, sought the revocation of a previously issued license authorizing the export of 3,000 anti-tank weapons. This case was dismissed because the plaintiffs had adjusted their claim after the weapons were fully exported, now requesting a ruling on the legality of the original authorization. The court rejected this request, finding a lack of a demonstrated risk of the practice being repeated, a standard necessary for injunctive relief, citing significant changes in the Gaza conflict landscape since late 2023.
The 4th Chamber of the Administrative Court explained its reasoning by stating that no judicial intervention was deemed necessary, a position predicated on the Federal Government’s apparent shift in its arms export policies, currently resulting in a moratorium on new approvals. This justification has drawn criticism from human rights organizations and political factions, who argue that the government’s actions should not dictate the judiciary’s ability to assess the legality of past decisions and set precedent.
The plaintiffs retain the option to appeal the decisions to the Higher Administrative Court of Berlin-Brandenburg, a process that could potentially re-examine the underlying legal questions related to Germany’s arms export policies and its responsibility under international law. The rulings (dated November 12, 2025, under case numbers VG 4 K 45/24 and VG 4 K 130/24) highlight a delicate balance between governmental discretion, judicial review and the broader ethical considerations surrounding Germany’s role in the Israeli-Palestinian conflict, particularly given heightened scrutiny over arms exports following recent escalations. The decisions also further delay a potentially robust legal investigation into the legality of past approvals and the government’s broader due diligence processes.