Political and Legal Assessment of German Arms Deliveries to Israel Since 7 October 2023

Abstract

This report analyses four key aspects regarding the development of German arms exports to Israel since October 7, 2023: the development of their licencing and delivery, their legal admissibility, their military and political impact, and their international perception. It arrives at a clear conclusion: German arms deliveries are neither in accordance with international law nor sensible from a security policy perspective.

Since the beginning of the escalation in October 2023, there have been clear indications that Israel has committed serious and repeated violations of international humanitarian law in Gaza and the broader region. Israel’s actions in Gaza exhibit elements of genocide. Nevertheless, Germany – until very recently – continued its export practice — with fluctuating intensity over time but with a clear commitment to its “Staatsräson” doctrine. In doing so, the German government not only fails to fulfil its duties under international law. It is also increasingly diverging from the majority opinion of its own population and closest allies as well as from its self-proclaimed role as a credible advocate for international law and the protection of human rights.

Arms exports that contribute to the continuation of the war in Gaza do not strengthen the security of Israel. Rather, they support the Israeli course of (regional) escalation of violence and undermine the goals and principles of German foreign policy as a whole. The report therefore advocates for a comprehensive arms embargo, targeted sanctions and the evaluation of further measures to exert pressure on the Israeli government. The objective of these measures must be to help bring an end to all violations of international and human rights law in the ongoing armed conflict as well as the illegal occupation.