Berlin Administrative Court Dismisses Palestinian Legal Challenges to Arms Exports to Israel on Technical Grounds
A Berlin Administrative Court has dismissed multiple lawsuits filed by Palestinians challenging the issuance of export licenses for weaponry to Israel, citing procedural deficiencies. The court’s decision, announced Wednesday, underscores the ongoing legal and political complexities surrounding Germany’s arms export policy and its relationship with Israel.
One case involved a Palestinian resident of the Gaza Strip who sought to compel the German government to deny licenses for arms deliveries to Israel. The plaintiff argued that Berlin’s current approval practices violate international law, alleging Israel’s deployment of these weapons constitutes illegal acts. However, the court deemed the claim inadmissible based on procedural hurdles, offering no substantive examination of the plaintiff’s core arguments.
A separate legal action, initiated by four Palestinians also residing in Gaza, sought the annulment of a license permitting the export of 3,000 anti-tank weapons to Israel. This case was also rejected. Plaintiffs restructured their suit after the weapons were fully exported, requesting a determination of the license’s illegality. The court reasoned that a review was unnecessary, citing a lack of demonstrable risk of recurrence. The court pointed to a significant shift in the conflict situation in Gaza since October 2023 as justification for this stance.
The rulings from the court’s 4th Chamber indicate a deliberate avoidance of direct engagement with the fundamental questions raised by the plaintiffs. The court asserted that a judicial decision was not necessary because the German government has reportedly altered its arms export approval practices, currently refraining from issuing licenses for military hardware.
Legal experts suggest the court’s focus on procedural issues, rather than the substantive legality of the arms exports, reflects a carefully managed response to growing domestic and international pressure regarding the policy. The plaintiffs can appeal the decisions to the Higher Administrative Court of Berlin-Brandenburg by seeking permission for appeal (Case Numbers VG 4 K 45/24 and VG 4 K 130/24, November 12, 2025). The outcome of any potential appeal will likely reignite the debate regarding the extent to which Germany is fulfilling its legal and ethical obligations in relation to arms exports and the ongoing conflict in the Gaza Strip, particularly considering the intensified scrutiny placed on European states’ foreign policy maneuvers. Critics argue that the shift in German policy, while ostensibly a response to concerns, may be performative while insufficient to address the complexities of the situation.
