Israeli President Herzog meets German Chancellor Joachim-Friedrich Merz in Germany. ©Bundesregierung, via X
A group of German lawyers has filed a sweeping criminal complaint against Chancellor Friedrich Merz and several senior officials, accusing them of aiding and abetting genocide in Gaza through the continued export of arms to Israel.
The complaint, lodged this week with federal prosecutors, names not only Merz and his foreign minister Johann Wadephul, but also their predecessors, former Chancellor Olaf Scholz and former Foreign Minister Annalena Baerbock. Senior executives from the German arms industry are also listed as potential accomplices.
At the heart of the case lies Germany’s weapons export policy. Between October 2023 and May 2025, successive governments authorised exports to Israel worth more than €485 million, according to figures cited by the lawyers. In Merz’s first month in office alone, an additional €4 million in exports was approved.
The lawyers argue that components manufactured in Germany – from diesel engines used in Merkava tanks to anti-tank systems produced by Dynamit Nobel Defence – have played a direct role in Israel’s military campaign in Gaza. That campaign, international human rights groups say, has left tens of thousands of Palestinians dead, displaced most of the enclave’s population, and driven Gaza to the brink of famine.
Legal Groundwork
The complaint draws on Germany’s Völkerstrafgesetzbuch – the Code of Crimes against International Law – which allows prosecutors to pursue cases of genocide, war crimes, and crimes against humanity regardless of where they were committed. The lawyers contend that by authorising weapons exports despite clear warnings of civilian harm, German officials breached both domestic and international obligations, including the Genocide Convention.
“This is not only a moral failure,” one of the lawyers told reporters in Berlin. “It is a criminal act to provide the means for mass atrocities while being fully aware of their consequences.”
A Pattern of Challenges
This is not the first time German politicians have faced legal pressure over Gaza. In early 2024, Chancellor Scholz was targeted in a similar filing, while in March of that year Nicaragua launched a case against Germany at the International Court of Justice, accusing Berlin of facilitating genocide through its arms sales and diplomatic support for Israel.
Although no German court has yet advanced such cases to trial, the filings reflect mounting frustration among civil society groups, who argue that Berlin has shielded Israel from accountability while supplying the weapons used in its offensive.
Government’s Position
Chancellor Merz has pushed back against the allegations. While announcing last month that Berlin would no longer approve new weapons destined for use in Gaza, his government has defended past authorisations, insisting many of the exports were non-lethal. Germany, officials maintain, remains committed both to Israel’s security and to international humanitarian law.
Legal experts say prosecutors will face steep hurdles if they decide to pursue the case. Proving genocide requires establishing intent to destroy a population group – a notoriously high bar. Linking specific German exports to particular Israeli strikes could also prove difficult.
Still, even if the case does not progress in court, the political impact is significant. The complaint highlights the uneasy balance Germany tries to strike: upholding its historic commitment to Israel’s security while facing growing international pressure over the humanitarian catastrophe in Gaza.
Broader Implications
The legal action adds to Germany’s diplomatic challenges. As the ICJ continues to weigh accusations against Israel and its allies, Berlin now risks becoming a central test case for how far international law can reach into the decisions of states supplying arms during wartime.
For Merz, whose government is still in its infancy, the complaint represents an early and uncomfortable clash between domestic law, foreign policy, and historical responsibility.
As one legal scholar put it: “Even if this case never results in a conviction, it forces Germany to confront an old question in a new context – what does ‘never again’ mean when your weapons are being used in a war widely described as genocidal?”
Source: The Palestine Chronicle
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