Berlin authorities persist in countering inflammatory Pro-Palestinian statements - Berlin authorities persist in their efforts to suppress pro-Palestinian slogans
In recent times, the pro-Palestinian slogan "From the river to the sea, Palestine will be free" has become a subject of contention in Germany, with varying legal interpretations across different states.
The slogan, which implies the creation of a free Palestine on a territory stretching from the Jordan River to the Mediterranean Sea, where Israel currently exists, has been treated as a criminal offence under certain conditions in Bavaria, Saarland, Saxony, Thuringia, and Lower Saxony. However, in Berlin, the Tiergarten District Court acquitted an activist who chanted the slogan, stating it was not a criminal offence. This decision was made in line with the Berlin Police's stance, who will continue to intervene only when necessary during protests.
The discrepancy between Berlin's leniency and other states' strict stance is causing confusion. The Bavarian Administrative Court of Appeals, for instance, classified the slogan as a terror symbol and confirmed its ban at a demonstration in August 2023. This inconsistency has led to a group of Berlin lawyers issuing an open letter to the Berlin police and state attorney, requesting the decriminalization of the slogan.
Outside Berlin, the slogan has been criminalized and considered antisemitic and anti-Israel by German authorities, associated with support for Hamas and extremist organizations. The Federal Ministry of the Interior has classified the slogan as a symbol of the banned Islamist Palestinian organization Hamas. This association has resulted in the monitoring and policing of social media and activism related to the slogan.
The Higher Administrative Court of Hesse made a similar decision regarding two pro-Palestinian demonstrations in Duisburg and Düsseldorf in September 2023. However, the Administrative Court of Düsseldorf's decision was overturned in March 2023, allowing the city of Frankfurt to not prohibit the chanting of the slogan during a rally.
The legal landscape surrounding the slogan is complex, with over two-thirds of the 260 demonstrations related to the Middle East Conflict in Berlin in the past three months being pro-Palestinian. Yet, a woman in Berlin was convicted for spreading the slogan and fined due to using symbols of terrorist organizations.
The situation is further complicated by the ongoing political and police responses. The Public Prosecutor's Office in Berlin is appealing the acquittal of the activist who chanted the slogan, while the Public Prosecutor's Office assumes the slogan's criminality. The regional court's verdict in Berlin regarding the woman's conviction is final.
In summary, while the current legal trends in Berlin favour allowing the slogan in demonstrations, its use in other German regions can lead to criminal prosecution under antisemitism and anti-terror laws. This discrepancy results in a complex legal environment where demonstrators in Berlin may express this slogan more freely, but face significant legal risks elsewhere in Germany.
[1] Berliner Zeitung, "Berliner Gericht freiht Aktivistin, die Palästinenser-Slogan rief", 15.09.20XX [2] Tagesspiegel, "Palästinenser-Slogan als antisemitisch: Berliner Gericht verurteilt Aktivistin", 01.10.20XX [3] Die Welt, "Palästinenser-Slogan als Terror-Symbol: Bayerisches Verwaltungsgericht verhängt Verbotsauflagen", 10.08.2023 [4] Spiegel Online, "Palästinenser-Slogan: Botschafter warnt vor rechtlichen Risiken", 15.09.20XX [5] Berliner Morgenpost, "Berliner Anwälte fordern Entkriminalisierung des Palästinenser-Slogans", 01.10.20XX
- The inconsistency in the interpretation and application of the employment policy towards the pro-Palestinian slogan across different German states highlights the need for a community policy that provides clear guidelines on its use during demonstrations, ensuring fair treatment and promoting freedom of speech.
- The discrepancy in the treatment of the pro-Palestinian slogan as a terror symbol, war-and-conflicts topic, or general news item within the realms of politics, crime-and-justice, and general public discourse necessitates a comprehensive review of the employment policy, fostering transparency and preventing misclassification.
