CIVICUS speaks about civil society’s lawsuit to try to stop Germany’s exports of arms to Israel with Alexander Schwarz, a German human rights lawyer and deputy program director of the International Crimes and Accountability Program of the European Center for Constitutional and Human Rights (ECCHR).
ECCHR is a non-profit and independent human rights organisation based in Berlin, Germany, working to enforce through legal means the rights guaranteed in the Universal Declaration of Human Rights and other international, regional and national human rights legislation. It’s one of the organisations that filed the joint lawsuit to try to halt Germany’s arms exports to Israel.
Why did you decide to sue the German government?
The use of legal channels to ensure human rights lies at the core of our mission as a human rights organisation. This involves advocating for fundamental legal principles such as those enshrined in international humanitarian law. For years, the ECCHR has collaborated with Palestinian partner organisations in Gaza and the West Bank. Many of our colleagues in Gaza have tragically lost friends and family members, including many children, in the conflict.
After 7 October 2024, it became evident that legal defence of international humanitarian law in the context of the conflict in Gaza was urgently needed. The daily toll of civilian casualties sparked serious concerns about potential violations of international humanitarian law and international crimes by Israeli armed forces.
Together with the Palestinian Center for Human Rights, the Al Mezan Center for Human Rights and the Ramallah-based human rights organisation Al Haq, ECCHR filed a lawsuit to compel the court to issue an interim measure to suspend export licences issued by the German government, particularly for anti-tank weapons. The case represents five affected Palestinians currently living in Rafah, who have been displaced multiple times and are currently living in fear for their lives.
How did the Dutch court ruling ordering a halt of arms exports to Israel influence your strategies and arguments?
The case before the Dutch court bears similarities to our approach. This is primarily because both the Netherlands and Germany have arms control legislation that conditions the legality of export licences on the stipulation that exported weapons are not used to commit violations of international humanitarian law.
However, unlike Dutch law, Germany’s legal system doesn’t allow for collective action lawsuits. We were therefore unable to initiate legal proceedings in our capacity as civil society organisations (CSOs) and only able to act on behalf of clients directly affected by German arms shipments to Gaza.
Our argument revolves around the assertion that the Federal Republic of Germany is breaching its obligations under international law by continuing to export weapons of war. This action is contrary to the provisions outlined in the Genocide Convention, the International Arms Trade Treaty and the Geneva Conventions, all of which Germany has ratified.
We are currently awaiting a response from the German government. Since our lawsuit seeks urgent preliminary measures, we anticipate receiving an initial court decision within four to six weeks. If the court does not rule in favour of our claim, we will appeal.
What else is civil society urging the German government to do about the situation in Gaza?
Our current complaint specifically targets weapons of war exported from Germany to Israel. But Germany also provides other equipment to Israel, such as diesel tank engines. These components for military equipment are not classified as weapons of war, so addressing them would require a separate lawsuit. We are considering taking further legal action.
Moreover, several German CSOs have urged the German government to abide by the temporary measures set by the International Court of Justice and increase humanitarian assistance for the civilian population of Gaza, who are suffering from food shortages and inadequate supplies.
Civic space in Germany is rated ‘narrowed’ by the CIVICUS Monitor.
Get in touch with the ECCHR through its website, Facebook and Instagram pages, and follow @ECCHRBerlin and @Schwarz__Alex on Twitter.