Gaza War: Weapons for Israel – Palestinians unsuccessful in court

Gaza War: Weapons for Israel – Palestinians unsuccessful in court

Since the Hamas terror attack, the German government has given Israel’s arms requests the highest priority. Palestinians have taken the matter to court – unsuccessfully.

The attempt by Palestinian applicants from the Gaza Strip to prohibit the German government from supplying weapons to Israel has also initially failed in the second instance. The Higher Administrative Court of Berlin-Brandenburg (OVG) has rejected the complaint by a father and his son in expedited proceedings, a spokeswoman announced. (Ref.: OVG 1 S 45/24)

They wanted to stop the arms deliveries by means of what is known as provisional legal protection. This is intended to provide temporary protection until a decision is made on the main issue. However, the Higher Administrative Court agreed with the view of the Berlin Administrative Court. In June, the court had declared a total of three applications from Palestinians inadmissible.

It was stated that it was currently impossible to predict with any certainty what decisions the Federal Government would have to make in the future and under what factual and legal conditions they would be made. The court argued that it was impossible to predict that the Federal Government would grant approval for arms deliveries in violation of international law obligations. The applicants were failing to recognize the Federal Government’s scope for decision-making associated with alternative courses of action.

The current applicants had appealed against the decision of the first instance to the next higher court. However, the judges of the 1st Senate agreed with their colleagues and rejected the appeal.

Source: Stern

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