- Arms for Israel - Palestinians fail in court
The attempt by Palestinian applicants from the Gaza Strip to prohibit the German government from supplying weapons to Israel has initially failed in a second instance as well. The Higher Administrative Court of Berlin-Brandenburg (OVG) rejected the emergency application of a father and son, as announced by a spokeswoman (Case No.: OVG 1 S 45/24).
They had sought to halt the weapons deliveries through a so-called preliminary injunction, which is intended to provide interim protection until a final decision is made. However, the OVG agreed with the Berlin Administrative Court, which had previously declared three similar applications by Palestinians to be inadmissible in June.
The court stated that it is currently impossible to predict what decisions the German government will make in the future and under what actual and legal conditions they will be made. The court argued that it is not possible to foresee that the German government will issue permits for weapons deliveries in violation of international legal obligations. The applicants would be underestimating the decision-making leeway of the German government that comes with alternative courses of action.
The applicants had filed an appeal against the decision of the first instance with the higher court. However, the judges of the 1st Senate agreed with their colleagues and rejected the appeal.
Despite the repeated attempts by Palestinian applicants from Gaza to challenge Germany's weapon supply to Israel, both the first instance and the Higher Administrative Court of Berlin-Brandenburg have rejected their pleas. Regardless of future decisions by the German government, it is not anticipated that they will issue permits for weapon deliveries in violation of international legal obligations, as highlighted in Germany's proceedings.
