This investigation supports an urgent application against the German government, filed on 5 April 2024 by a group of Berlin-based lawyers on behalf of Palestinians in Gaza, to stop the export of war weapons to Israel. The legal case is supported by the European Legal Support Center (ELSC), Palestine Institute for Public Diplomacy (PIPD), and Law for Palestine under the Justice and Accountability for Palestine Initiative.
Read the full report here.
As of 29 March 2024, 32,623 Palestinian people have been killed since the start of Israel’s major military assault on Gaza in October 2023. Approximately 70% of those killed have been women and children, while many more are missing. Israel’s relentless, indiscriminate bombardment and siege of Gaza has created an unprecedented humanitarian catastrophe, with 2.2 million people on the verge of man-made famine. The Israeli military has embarked on unparalleled and catastrophic levels of infrastructural destruction and agricultural damage, and the systematic targeting of life-sustaining civilian structures, including hospitals and health care facilities, food-providing facilities, schools, universities, religious and cultural heritage sites, and homes.
As early as November 2023, a group of UN experts warned that Israel’s actions by that time pointed to a “genocide in the making”, while on 11 and 12 January 2024 the International Court of Justice (ICJ) held public hearings on the request for the indication of provisional measures submitted by South Africa in the case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel). In late January, the ICJ ruled that there is a “plausible” risk of genocide of the Palestinian people in Gaza. This ruling, alongside with a global mobilisation movement, have since started to have a slow but visible effect on the international arms transfers to Israel. In the past two months, several states, including Belgium, the Netherlands, Spain, and Canada have taken steps to suspend export licences and halt military exports to Israel, either for specific weapons or for all.
In late February 2024, UN experts under the remit of OHCHR stated unequivocally that “any transfer of weapons or ammunition to Israel that would be used in Gaza is likely to violate international humanitarian law (IHL) and must cease immediately”, adding that “states must accordingly refrain from transferring any weapon or ammunition – or parts for them – if it is expected, given the facts or past patterns of behaviour, that they would be used to violate international law.”
While Israel holds a significant arms manufacturing industry, it also relies on international imports of weapons, weapon systems, or parts thereof, to carry out its genocidal military campaign. Germany is one of the world’s largest arms exporters, often listed amongst the top ten arms suppliers worldwide. For several years, Israel figures amongst the top recipient countries of German arms exports, while the two states have a long history of military cooperation.
Forensis collaborated with Berlin-based lawyers in order to support an urgent application to the German government on behalf of Palestinians in Gaza to halt all exports of war weapons to Israel, filed on 5 April 2024. For this purpose, Forensis studied publicly available information on past, current, and potential future export licences and deliveries of weapons and military equipment from Germany to Israel. This information has been compiled from a number of monitoring groups and open access governmental data. Sources for information on international arms transfer are scarce, data is always partial and incomplete. This report, undertaken in collaboration with Palestine Speaks Berlin, Fight for Falastin, and other independent researchers, attempts to bring together this information on arms exports from Germany to Israel in a comprehensive manner, aiming to contribute to international calls to stop all arms exports to Israel.
Germany is the second largest exporter of major conventional arms to Israel after the US (SIPRI)
Sharp increase in arms export licences from Germany to Israel after October 2023
Anti-tank weapons, ammunition, warships, tank engines, missiles – amongst others
Even though efforts have been made in the past decades to create a more transparent policy on documenting international arms imports and exports, official data published by states is still limited in scope, rendering it difficult to form a comprehensive picture. While it is easier to access information on the authorisation of exports – i.e. arms export licences – official information on “actual” exports is much scarcer and more inaccessible. Actual exports occur when the (already approved for export) military article has been delivered or is on route to the recipient state. Export licences do not always correspond to data on actual arms exports in any given year for different reasons; the actual export may take place in different calendar years, or, sometimes, not take place at all. Information on export licences is as important nonetheless because – apart from the fact that a significant part of the arms approved for export is eventually being delivered – such information also shows “the willingness of governments of exporting states”36 to equip repressive regimes.
Over the course of this research, a variety of sources were consulted in order to examine past, current, and potential future arms export licences and deliveries from Germany to Israel. These include:
Read more about the above-mentioned sources as well as a summary of key information regarding their scope and methodology in our full report.
1. Read more about SIPRI’s sources, methodology, as well as the major conventional weapons that the Arms Transfer Database tracks here.↩
2. The warships were delivered to Israel in 2020 and 2021, but they were booked under 2022 and 2023 in SIPRI’s Arms Transfer Database.↩
3. Read more about the unit measuring system of SIPRI here.↩
4. With the exception of the figures for 2023, which derive from the governmental response dated 09.01.2024 to question Nr. 12/531 posed by a member of the German parliament. ↩
5. This approval rate is calculated by comparing the value of the denied licences to that of the total value of the licences requested.↩
6. At least 8 times, because the Military Equipment Export Report for 2023 has not yet been published at the time of writing; however, the large volume of arms exports authorisations to Israel this year suggests that Israel would feature in the list of top recipient countries of military equipment from Germany for the year 2023 too.↩
7. For more information about the distinction between war weapons and other military equipment in the German export licence authorisation process, see chapter 3 of the full report.↩
8. The number of export licences listed here is the sum of individual permits as attributed to each ML (Military List) position. It may be slightly higher than the total number of licences, as one permit can contain several articles that are covered by different ML positions, but this figure is not yet available, as the Military Equipment Export Report for 2023 has not been published at the time of writing. For more information on the ML positions, see chapter 3 of the full report. ↩
9. Bundesregierung, ‘Bericht der Bundesregierung über ihre Exportpolitik für Konventionelle Rüstungsgüter im Jahre 2022’, 22 December 2023.↩
10. Bundesregierung, ‘Bericht der Bundesregierung über ihre Exportpolitik für Konventionelle Rüstungsgüter im Ersten Halbjahr 2023’, 6 February 2024.↩
11. Tagesschau, ‘Deutsche Rüstungsexporte nach Israel fast verzehnfacht’, 8 November 2023.↩
12. Roula Khalaf, ‘German Arms Exports to Israel Surge as Berlin Backs Campaign against Hamas’ The Financial Times, 9 November 2023.↩
13. Bundesministerium für Wirtschaft und Klimaschutz, ‘Fragestunde des Deutschen Bundestages am 21. Februar 2024, Frage Nr. 052’, 21 February 2024.↩
14. For more information on the Military List positions, see chapter 3 of the full report. ↩
15. This figure is included in the total value of export licences in 2023 amounting to 326.5 million Euro. ↩
16. Breaking the Silence, ‘Soldiers’ Testimonies from Operation Cast Lead, Gaza 2009’, June 2009.↩
17. Middle East Monitor, ‘Khan Younis’ homes targeted by Israeli MATADOR fun missiles’, 12 February 2024; Nico Tielke, ‘Würgendorf: Rüstungsfirma Dynamit Nobel Defense liefert Panzerfäuste nach Israel’ Siegener Zeitung, 31 October 2023. Forensis has seen additional evidence of the Matador being used by the Israeli army in Gaza since October 2023.↩
18. Except for the corvettes, the number of the rest of the arms delivered is an estimation, according to SIPRI.↩
19. The German government co-financed the corvettes with an amount of 115 million Euro. Bundesregierung, ‘Antwort der Bundesregierung, Drucksache 18/5040’, 26 May 2015. See also: SIPRI’s Arms Transfer Database.↩
20. Richard Thomas, ‘Israeli Navy’s Sa’ar 6 Corvettes Used to Strike Gaza Ground Targets’ Naval Technology, 16 October 2023.↩
21. Rebecca Rommen, ‘Israel’s New Eitan APC Spotted in Combat against Hamas in Gaza. The IDF Prematurely Rushed the High-Tech Armor into Service.’ Business Insider, 12 November 2023.↩
22. Militarnyi, ‘Israel Uses Latest Eitan AFVs in War against Hamas’, 6 November 2023.↩
23. Army Recognition, ‘Merkava Tanks Provide Crucial Firepower for Israeli Army in Gaza Urban Warfare’, 13 November 2023.↩
24. Diego Stacey and Rodrigo Silva, ‘The Merkava IV Tank, Israel’s Main Asset for the Ground Offensive in Gaza’, EL PAÍS English, 24 October 2023.↩
25. See chapter 4 of the full report for indicative documentation references for such attacks.↩
26. For example, see: Army Recognition, ‘Israel Defense Forces Deploy Heavily Armored Namer APCs at Gaza Border’, 16 October 2023.↩
27. Forensic Architecture, ‘“No Traces of Life”: Israel’s Ecocide in Gaza 2023-2024’, 29 March 2024; Kaamil Ahmed, Damien Gayle, and Aseel Mousa, ‘‘Ecocide in Gaza’: does scale of environmental destruction amount to a war crime?’ The Guardian, 29 March 2024. ↩
28. SIPRI’s Arms Transfers Database.↩
29. Matthias Gebauer, Christoph Schult, and Gerald Traufetter, ‘Waffenhilfe für den Gaza-Krieg: Bundesregierung prüft Lieferung von Panzermunition an Israel’ Der Spiegel, 16 January 2024.↩
30. Ibid.↩
31. See chapter 4 of the full report for indicative documentation references for such attacks.↩
32. Matthias Gebauer and Marina Kormbaki, ‘Waffenhilfe: Deutschland stellt Israel Heron-Kampfdrohnen zur Verfügung’, Der Spiegel, 11 October 2023.↩
33. The Jerusalem Post, ‘Introducing the IAI Heron Unmanned Aerial Vehicle (UAS)’, 22 November 2023.↩
34. Human Rights Watch, ‘Precisely Wrong: Gaza Civilians Killed by Israeli Drone-Launched Missiles’, July 2009.↩
35. See chapter 4 of the full report for indicative documentation references for such attacks.↩
36. Amnesty International, ‘Israel / OPT: Fuelling Conflict: Foreign Arms Supplies to Israel/Gaza’, February 2009.↩
Since the publication of our report on 2 April 2024, some additional information has been disclosed in relation to approved arms export licences from Germany to Israel in 2023 and in the first months of 2024:
Notes for Updates:
1. The discrepancy between this number and the previously known number of 308 export licences lies on the fact that the latter includes licences that were listed twice as a result of containing shares of products belonging to different ML positions. Bundesregierung. ‘Antwort der Bundesregierung, Drucksache 20/10993’, 9 April 2024.↩
2. Ibid.↩
3. International Court of Justice. ‘VERBATIM RECORD – Public Sitting Held on Tuesday 9 April 2024, at 10 a.m., at the Peace Palace, President Salam Presiding, in the Case Concerning Alleged Breaches of Certain International Obligations in Respect of the Occupied Palestinian Territory (Nicaragua v. Germany)’. CR 2024/16, 9 April 2024.↩
4. Ibid.↩
5. Otfried Nassauer and Christopher Steinmetz, ‘“Made in Germany” inside Components – the Forgotten Arms Transfers’, 2, Oxfam Deutschland and Berlin information-center for Transatlantic Security (BITS), March 2005.↩
6. Bundesregierung. ‘Antwort der Bundesregierung, Drucksache 20/10951’, 8 April 2024.↩
7. Otfried Nassauer and Christopher Steinmetz, ‘“Made in Germany” inside Components – the Forgotten Arms Transfers’.↩
8. Bundesregierung. ‘Antwort der Bundesregierung, Drucksache 20/10994’, 10 April 2024.↩
9. Ibid.↩