Germany's highest court on Thursday dismissed a case brought by a Palestinian civilian from Gaza seeking to sue the German government over arms exports to Israel.

The complainant, supported by the European Centre for Constitutional and Human Rights (ECCHR), had sought to challenge export licenses for German parts used in Israeli tanks deployed in Gaza.

After his case was rejected by lower courts in 2024 and 2025, he appealed to the Federal Constitutional Court.

But the court in Karlsruhe dismissed the case, stating that "the applicant has not sufficiently proven that the specialist courts have misjudged or arbitrarily denied a possible duty to protect him."

While Germany is obliged to protect human rights and respect international humanitarian law, this does not mean that the state is necessarily obliged to take specific actions on behalf of individuals, the court said.

"It is essentially the responsibility of state authorities themselves to decide how they fulfil their general duty of protection," she added.

ECCHR called the decision "an obstacle to civil access to justice."

“The court recognizes the duty to protect, but only in the abstract and refuses to ensure its practical implementation,” said Alexander Schwarz, co-director of the NGO’s International Crimes and Legal Accountability program.

"For people whose lives are at risk from the consequences of German arms exports, access to justice remains virtually closed," he said.

ECCHRD had hoped for a successful appeal after the Constitutional Court ruled last year that Germany had “a general duty to protect fundamental human rights and the core norms of international humanitarian law, even in cases involving foreign countries.”

In that case, two Yemenis had sought to sue Berlin over the role of the US Ramstein air base in a drone attack in 2012.

The complainant was one of five Palestinians who initially brought their case against the German government in 2024.