Arms Exports Unbound? The German Federal Constitutional Court’s Gaza Case in Perspective
Can human rights obligations limit arms exports to states that are believed to be committing war crimes and genocide?
As Israel’s offensives in Gaza escalated in late 2023, cases challenging military exports to Israel were filed in courts in Australia, Germany, the Netherlands, and the United Kingdom. These cases challenged the licensing of arms exports to what an increasing number of reports viewed as a genocidal attack against the Palestinian people (see among others here; here; and here). In February 2026, the Federal Constitutional Court of Germany (GFCC) did not admit for decision a constitutional complaint of a Palestinian from the Gaza Strip challenging German military exports to the State of Israel. Drawing on the German Basic Law and international humanitarian law, the complainant argued that the German Government is under a duty to protect his right to life, after he lost his family in different Israeli airstrikes. While it is within the competences of the GFCC and a common practice of the Court not to admit complaints, this particular case raises various questions – not least because the GFCC devoted more than 30 pages to explaining its reasons for not admitting the complaint. In short, the Court recognized Germany’s obligations under its national laws and international law. However, it also held that these obligations do not necessarily give rise to an enforceable claim to a specific action by the state.
Völkerrechtsblog takes this as an opportunity and invites scholars and practitioners to engage in a joint reflection on the decision. In particular, we welcome submissions which address one of the following three thematic scopes:
1. The Relationship between National Law and International Law
How does the decision reflect the relationship between national law, especially constitutional law, and international law on both the substantive and procedural levels? Do we see a recalibration or consolidation and on which level? Should we consider this as a weakening (or even the end) of the constitutional principle of “open statehood” (offene Staatlichkeit)? Do the current proceedings at the International Court of Justice and the International Criminal Court affect the jurisprudence of national courts? Can international legal norms (such as obligations under the Laws of Armed Conflict or the Convention on the Prevention and Punishment of the Crime of Genocide) become more effective through national courts? What is the role of jus cogens in this context?
2. The Political Economy of War
How does the decision reflect broader dynamics in the political economy of wars and conflict? What about other war materials? Is the decision an expression of Germany’s claimed “Staatsräson”, or of Germany’s new understanding of itself as a major security and foreign policy actor? How can the decision be explored through different legal frames? Why are arms exports cases often obscured? Why should this be a concern to international lawyers?
3. Comparative Perspectives
How does the GFCC’s decision compare to other decisions rendered by national (constitutional) courts (including but not limited to Australia, the Netherlands, and the United Kingdom)? Which lessons can be learned from a comparative perspective and for potential future litigants? Which commonalities and differences can be inferred?
General Instructions
We expressly welcome submissions which touch upon other questions and develop different ideas from the above. Contributors are free to choose the format of their submission. Thus, contributions can range from blog posts to videos, interviews, and art works. Please note: All content on the blog is generally published under Creative Commons BY SA 4.0 license. If you choose to submit a blogpost, please follow the guidelines for authors. For this project we accept submission in English, German, Arabic, Hebrew or French.
Please send your contribution to arms-exports-unbound@voelkerrechtsblog.org and mention ‘Call for Papers – Arms Exports Unbound’ in the subject line.
Deadline for submission: 30 April 2026
Notification on selected submissions: 15 May 2026