Responsibility of Third States in Genocide: An Analysis of Germany’s Arms Export Licensing to Israel since 7 October 2023 under International Law
2026 (English)Independent thesis Advanced level (degree of Master (Two Years)), 20 credits / 30 HE credits
Student thesis
Abstract [en]
This study examines the responsibility of third states under international law on the example of Germany’s arms export licensing to Israel from October 7, 2023, to December 31, 2025. By the employment of a dual-method approach combining a legal doctrinal analysis of the Genocide Convention and the ARSIWA with a content analysis of material on export data, the thesis assesses whether Germany has complied with its international legal obligations. Data on Germany’s arms export licensing show that licenses granted to Israel during the specified period reached a total value over €590 million. The legal analysis concludes that Germany at latest failed its obligation to prevent the commission of genocide under Article 1 Genocide Convention as the ICJ established a plausible risk of genocide in Gaza in January 2024. Continued arms export licensing and material support of Israels systematic genocidal campaign in Gaza furthermore constitutes a violation of the prohibition of aid and assistance in genocide under Article 16 ARSIWA, by sustaining the operational continuity of Israels military campaign. Under the theoretical perspective of global constitutionalism Germany’s arms export licensing decisions can be further classified as a “constitutional failure”. The failure consists of the state’s systemic prioritization of bilateral political discretion over the collective enforcement of fundamental international norms, thereby undermining the foundational commitment of the international order to safeguard humanity. In conclusion, this study advocates for a paradigm shift from an approach of states of minimum formal compliance towards a proactive approach that operationalizes the protections of humanity as the ultimate benchmark of state responsibility.
Place, publisher, year, edition, pages
2026. , p. 78
Keywords [en]
Complicity in Genocide, Due diligence obligations, Genocide Convention, Arms export licensing, ARSIWA, State Responsibility, Obligation to Prevent, Knowledge-based approach
National Category
Other Legal Research
Identifiers
URN: urn:nbn:se:ths:diva-3100OAI: oai:DiVA.org:ths-3100DiVA, id: diva2:2064406
Subject / course
Human Rights
Educational program
Master’s Program in Human Rights and Democracy
Supervisors
Examiners
2026-06-022026-06-012026-06-02Bibliographically approved