In this lawsuit, the Center represents five families from the Gaza Strip, one of which is the family of Abdel Rahman Jumaa, who lost his wife, Nour Abu Al-Nour, a lawyer at the Palestinian Center for Human Rights, on February 20, 2024, and their infant daughter, Kenzi, in a bombing that targeted the wife’s family home in Rafah.
According to the Palestinian Center for Human Rights, the bombing targeted the house of Dr. Nasser Abu Al-Nour, dean of the College of Nursing at the Islamic University of Gaza, which led to the martyrdom of the owner of the house, his wife, their son, and 4 of their daughters, one of whom was the lawyer Nour, wife of Abdul Rahman Juma, and the infant, Kenzi.
Lawyer Schwarz concluded with Article 2 of the German Basic Law (Constitution) by saying, “Abdul Rahman Jumaa has the right to life, and this right is based in our call against the German government to the German Basic Law. This means that we say that Article 2 in our Constitution guarantees the right to life, and that is when The German state is required to provide protection, and Germany is required to provide protection in every place where its executive action (Exekutiv) poses a threat to a person’s life.
And here I do not mean the life of the German person only, but the life of every person harmed by the executive action of the German state (…) In Germany, there is a matter that has developed and has become accepted and respected by all courts and judicial circles, which is: If political decisions taken in Berlin have consequences in regions outside… Germany, this means that Germany is required in these areas to provide protection for people, and in this case Abdel Rahman Jumaa is also protected by the German Basic Law; Because German weapons are used in Gaza (..).
This matter is important from a judicial standpoint, but it is also important because it gives the German Constitution a large margin of action when it comes to basic matters such as life, death, and the ability to survive. This gives Mr. Abdul Rahman Jumaa and our other four clients the right to resort to the German judiciary, and this is our role. Defenders of justice.