Germany's Federal Constitutional Court on Thursday dismissed a case brought by a Palestinian Arab from Gaza who sought to sue the German government over its weapons exports to Israel, AFP reported.
The complainant, supported by the European Center for Constitutional and Human Rights (ECCHR), aimed to challenge German export licenses for parts used in Israeli tanks deployed in Gaza.
The case had already been rejected by lower courts in 2024 and 2025, prompting an appeal to Germany’s highest court in Karlsruhe. The court ruled that the complainant had not sufficiently demonstrated that the lower courts had misjudged the case or arbitrarily denied any potential obligation to protect him.
While acknowledging Germany's obligation to protect human rights and respect international humanitarian law, the court emphasized that this does not imply the state must take specific action on behalf of individuals. The court also stressed that it is the responsibility of state authorities to decide how to fulfill their general duty of protection.
In response to the ruling, the ECCHR expressed disappointment, calling the decision “a setback for civilian access to justice."
The case was part of a broader effort by five Palestinian Arabs who initiated a lawsuit against the German government in 2024. The ECCHR had been hoping for a favorable outcome after the court ruled last year that Germany has a general duty to protect fundamental human rights and international humanitarian law, even in cases involving foreign countries.
In August of last year, German Chancellor Friedrich Merz announced that Berlin would not approve the transfer of military equipment to Israel, including weapons which could be used in the war in Gaza.
In a statement announcing the move, Merz said he is "very concerned about the suffering of the population in the Strip." He also demanded that Israel "not take any steps toward annexation" of Judea and Samaria.
Prime Minister Benjamin Netanyahu spoke with Merz after his announcement of the arms embargo and expressed his disappointment with the decision.
Merz’s decision also drew sharp criticism from within his own political bloc.
In November, the German government announced that Germany would lift the freeze on weapons shipments to Israel and transfers will resume as normal.