"Conviction Over Chant: Activist Found Guilty by Berlin Court for Proclaiming 'From the River to the Sea'"
In a landmark decision, a Berlin court has imposed a fine of €600 on a 22-year-old activist for using the phrase "From the river to the sea - Palestine will be free" during a protest. This ruling marks the first time someone has been fined for using the slogan in Berlin, sparking controversy and criticism.
The focus of the protest in Neukołln, Berlin, on October 11, 2023, was a video of a teacher physically striking a student who waved a Palestinian flag. The defendant, a member of the women's organization "Zora", believed the slogan "From the river to the sea" stood for "freedom, equality, and justice" and was directed against "oppression".
However, the presiding judge emphasized that she took into account the proximity of the protest to the events of October 7, and thought the slogan "denied Israel's right to exist" and "approved" of a specific massacre. The judge's reference to a massacre was not specified in the court's decision.
Germany's Federal Ministry of the Interior, Nancy Faeser (SPD), issued an order in November, attributing the slogan to Hamas and considering its use as employing the symbol of a terrorist organization. This political context has contributed to the increased scrutiny of pro-Palestinian slogans like "From the river to the sea".
Despite this ruling, it is important to note that German courts in Mannheim and Munich have previously ruled that the phrase should not automatically constitute a criminal act. The verdict in this Berlin case is not yet final, and the defence is thought likely to appeal.
The legal repression of Palestine solidarity activism is part of a broader European trend where pro-Palestinian activism is criminalized under anti-terrorism laws or association laws. In Germany, the Associations Act allows the state to dissolve groups accused of undermining constitutional order, contributing to the repression of Palestine solidarity activism even when peaceful.
This legal repression is not limited to protests and public gatherings. Social media posts expressing support for Palestine or endorsing the slogan have also been monitored and punished by state actors. The phrase also figures in politically sensitive asylum and refugee cases, such as the revocation of refugee status for a Palestinian activist in Belgium due to his support of "liberation of Palestine from the river to the sea," illustrating wider regional implications.
The phrase "From the river to the sea - Palestine will be free" is a common slogan in Palestinian nationalist circles, interpreted by supporters as a call for Palestinian liberation. However, German authorities and some legal actors associate it with extremist or terrorist connotations.
Despite several people being prosecuted for chanting "From the river to the sea" at protests, there have been acquittals, including at least one notable court case where a judge explicitly stated the phrase is not a call for the erasure of Jewish people but for Palestinian liberation. This inconsistency in rulings reflects ongoing contestation over the phrase's meaning and legality.
In summary, while the use of the slogan "From the river to the sea" is politically and legally controversial in Germany, there is no uniform or definitive legal ruling declaring the slogan itself illegal or a direct symbol of terrorism. The ongoing contestation over the phrase's meaning and legality is reflected in the varying court rulings and the continued use of the slogan at protests.
- The ongoing controversy over the slogan "From the river to the sea" in German politics and general news is further emphasized by the Berlin court's recent fine of €600 on an activist for using the phrase, with some interpretation seeing it as a call for Palestinian liberation, while others deem it as a symbol of extremist or terrorist connotations.
- The legal repression of Palestine solidarity activism, such as the use of the slogan "From the river to the sea," is evolving in the European context, where it is criminalized under anti-terrorism laws or association laws in various countries, including Germany.
