Germany's highest court on Thursday threw out a case brought by a Palestinian civilian from Gaza seeking to sue the German government over its weapons exports to Israel.
The complainant, supported by the European Center for Constitutional and Human Rights (ECCHR), had been seeking to challenge export licences for German parts used in Israeli tanks deployed in Gaza.
After his case was rejected by lower courts in 2024 and 2025, he had appealed to the Federal Constitutional Court.
But the court in Karlsruhe dismissed the case, stating that "the complainant has not sufficiently substantiated that the specialized courts misjudged or arbitrarily denied a possible duty to protect him", AFP reported.
While Germany is obliged to protect human rights and respect international humanitarian law, this does not mean the state is necessarily obliged to take specific action on behalf of individuals, the court said.
"It is fundamentally the responsibility of the state authorities themselves to decide how they fulfil their general duty of protection," it added.
The ECCHR called the decision "a setback for civilian access to justice".
"The court acknowledges the duty to protect but only in the abstract and refuses to ensure its practical enforcement," said Alexander Schwarz, co-director of the NGO's International Crimes and Legal Accountability program.
"For people whose lives are endangered by the consequences of German arms exports, access to justice remains effectively closed," he said.
The ECCHR had been hoping 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 been seeking to sue Berlin over the role of the US Ramstein airbase in a 2012 drone attack.
The complainant was one of five Palestinians who initially brought their case against the German government in 2024.
