Berlin: Experts have warned that a possible cooperation between German automaker Volkswagen and Israeli arms company Rafael to produce components such as launchers and transport vehicles for the Iron Dome air defense system could amount to a violation of Germany's obligations under international law. Volkswagen was recently reported to be in talks with Israeli arms company Rafael on a strategic partnership aimed at preserving its Osnabruck plant, which is at risk of closure.
According to Anadolu Agency, the cooperation would involve producing components for the Iron Dome air defense system, including launchers and transport vehicles, at the facility. Experts say such cooperation could put Germany in breach of its obligations under international law.
Torsten Menge of Northwestern University in Qatar, investigative journalist Eric van de Beek, and Canadian legal expert Aidan Simardone spoke to Anadolu about the legal risks that could arise from a potential military partnership between Volkswagen and Israel. Menge said Volkswagen and the German state must take into account the International Court of Justice's advisory opinion issued in July 2024, which underlined that third states are under an obligation not to render aid or assistance in maintaining the situation created by Israel's unlawful presence in the occupied Palestinian territories.
He stressed that Articles 25 and 26 of Germany's Basic Law, along with the War Weapons Control Act, explicitly prohibit arms exports when there is a risk they could be used in a manner harmful to peace, particularly for aggression, or when such transfers would violate the country's obligations under international law.
Menge further stated, "In my opinion, any military, security, or arms cooperation with a state that is actively committing genocide, is engaged in acts of ethnic cleansing, and is involved in multiple wars of aggression, violates Germany's obligations under international law and is illegal under domestic law."
Menge recalled that Germany had already been defending itself before the International Court of Justice against Nicaragua's allegations that it had violated its obligations under the Genocide Convention and other fundamental international law standards. He said that, politically and ethically as well, it would be wrong under such circumstances to cooperate with the Israeli state in any form.
Menge also noted that the German state of Lower Saxony is a major shareholder in Volkswagen, which, in his view, creates a particular form of direct complicity. Recalling that Volkswagen was founded by the Nazi regime and played a central role in arms production during World War II, he remarked on the irony of Volkswagen potentially producing weaponry for a regime accused of similar crimes.
Simardone also highlighted that corporations can be held accountable under international law. He explained that when a corporation sends weapons to a country involved in human rights violations, it could be liable for crimes against humanity. He added that since Lower Saxony is one of Volkswagen's largest shareholders, Germany also bears responsibility.
Van de Beek discussed the potential for political sanctions against arms companies over war crimes committed with the weapons they supply. He noted that Germany's actions are influenced by historical guilt over the Holocaust and questioned Volkswagen's strategy amid economic challenges.
The discussion underscores the complex interplay of historical, legal, and economic factors influencing Germany's potential involvement in arms production for Israel, raising significant ethical and legal questions.