German police arrest an activist during a previous demonstration in solidarity with Palestine (Reuters)

Berlin -

German lawyers, on behalf of two families of Gaza residents, whose concerned members hold German citizenship, filed a criminal complaint against senior officials in the German government, on charges of “aiding and abetting genocide against the Palestinian people in the Gaza Strip by supplying weapons to Israel and issuing the relevant export licenses.” ".

The lawsuit was filed against German Chancellor Olaf Scholz, Foreign Minister Annalena Baerbock, Vice Chancellor Robert Habeck, Finance Minister Christian Lindner, Defense Minister Boris Pistorius, Interior Minister Nancy Weiser, Justice Minister Marko Buschmann, and Development Minister Svenja Schulze.

The lawsuit was brought against these officials in their capacity as members of the Federal Security Council, the body that approves weapons licenses, according to what was stated in a press conference announcing the complaint, but the decision to open an investigation remains with the German public prosecutor.

Nadia Samour: There are 3 acts of “aiding and abetting” by German officials (social networking sites)

The complaint was filed in the Federal Public Prosecutor’s Office in the city of Karlsruhe (south of the country), and non-governmental organizations support this complaint, namely the European Center for Legal Support, the Palestinian Institute for Public Diplomacy, and the Law for Palestine Organization, which falls under the Justice and Accountability for Palestine Initiative.

Germany is the largest European supporter of Israel, and Berlin rejected calls for a ceasefire. It also increased arms export licenses to Israel at least 10 times in 2023 compared to the previous year, including 185 licenses since October 7.

"We will not stand idly by"

“We the living must remember the dead in Gaza, tell their stories, and fight for justice. We, the Palestinians in the diaspora, will not stand idly by and watch genocide committed against our families and our people,” says Nora Rajab, a Palestinian activist and one of those who filed the complaint in the case.

The activist continued in a statement to the media: “We will use all available means, from street protests to lawsuits,” noting that with this step they aim “to hold the German government accountable for its complicity in the genocide in Gaza.”

Noura Rajab: We will not stand idly by as we watch the genocide against our families and people (social networking sites)

According to a statement from the parties supporting the case, Germany, like any third party, is clearly obligated to “prevent genocide,” and officials must “use all legal means available to them to influence Israel to refrain from acts of genocide,” based on the decision of the International Court of Justice that He ordered Israel to take "interim measures to prevent the threat of genocide."

The same source indicates that German criminal law requires grounds for suspicion of the occurrence of a possible crime in order for it to be investigated, which is what appears, according to the communication, in the decision of the International Court of Justice, which indicates the existence of “grounds for preliminary suspicion regarding the crime of genocide.”

Germany recently stood against South Africa's lawsuit in the International Court of Justice against Israel, and was the only one that decided to intervene as a third party on behalf of Israel. Germany stopped its development aid to the Palestinians, and also recently decided to suspend any new support for the United Nations Relief and Works Agency for Palestine Refugees (UNRWA).

"Ground for accountability"

The suspicion of “aiding and abetting” appears in German financial, material, and logistical support decisions, as well as through “creating conditions conducive to the main crime,” which prompted the complainants to try to hold the German state accountable for “its complicity in the horrors being done to their families,” according to the report.

Nadia Samour, one of the lawyers who filed the lawsuit, stated - during the press conference - that there were 3 acts of “aiding and abetting” by the defendant German officials, which are new licenses to export weapons after the war, not canceling licenses that preceded the war, then political incitement acts, Manifested in official government statements, understood to support genocide.

The lawyer cited Chancellor Olaf Schulz saying in a government statement, after the outbreak of the war: “At this moment, there is only one place for Germany, which is to stand by Israel.” This comes at a time when there were already many indicators indicating that genocide had occurred in Gaza, According to her expression.

Schulz had stated last November that “Israel is a democratic state and has every right to defend itself against the terrorist Hamas movement,” and that “Israel is a state that respects human rights and international law and is committed to acting accordingly.” He recently stressed continued support for Israel, but With the necessity of “adherence to international humanitarian law.”

Several organizations in Europe decided to go to court, whether against Israeli officials or European governments, and these organizations achieved a “major victory” recently in the Netherlands after the decision of the Court of Appeal in The Hague to ban the export of parts of F-35 aircraft to Israel.

Source: Al Jazeera