Court Decision on Article 85 (1) Treaty Interpretation Pending
In a landmark decision, a Berlin court acquitted human rights activist Yasemin Acar on July 2025, after she faced charges for using the politically charged slogan "From the river to the sea, Palestine will be free." The slogan, which has been deemed controversial due to its perceived political and controversial implications, has been a subject of controversy and legal debate in Germany.
The district court of Tiergarten ruled that the legality of the slogan as a symbol of the banned Islamic Palestinian organization Hamas is controversial in legal practice and literature. This decision, which follows a similar ruling by the Berlin Regional Court in April 2025, indicates that at least some judicial bodies do not consider the slogan punishable speech.
Despite certain German authorities, such as the Duisburg police, having previously banned the slogan on grounds of perceived anti-Semitism and anti-Israel sentiment, leading to criminalization attempts and reprisals against activists, court rulings have not consistently upheld such bans. The Berlin public prosecutor’s office, reflecting tensions in the matter, has been involved in pursuing charges in some cases, but judiciary decisions reveal complexities in balancing freedom of expression and concerns over hate speech.
For Acar, the slogan means justice and self-determination for the Palestinian people. She stated that she was advocating for the Palestinian people and was being defamed. The defendant did not intend to support Hamas, according to the judge. Acar's defense attorney admitted the charges on her behalf.
The sentence means that there should be a free Palestine on an area from the Jordan River to the Mediterranean Sea, which is currently the location of Israel. This interpretation of the slogan has sparked heated debates, with some viewing it as a call for the destruction of Israel, while others see it as a plea for Palestinian self-determination.
The acquittal has not been without criticism. The International Auschwitz Committee expressed disappointment with the decision, describing it as a "cynical and bitter message" for Holocaust survivors. The Federal Ministry of the Interior classifies the slogan as a symbol of the banned Islamic Palestinian organization Hamas.
The legal status of the slogan remains contested at a national level and heavily depends on context, judicial district, and case specifics. The Berlin public prosecutor’s office has filed an indeterminate appeal against the acquittal, signalling that the debate is far from over. The issue underscores ongoing legal debate and differing interpretations in the enforcement of laws related to political expression.
Court rulings have shown that some judiciary bodies in Germany do not view the slogan "From the river to the sea, Palestine will be free" as punishable speech, despite authorities such as the Duisburg police previously banning it due to perceived anti-Semitism and anti-Israel sentiment. However, the legal status of the slogan remains contested, with the Berlin public prosecutor’s office filing an indeterminate appeal against the acquittal, suggesting that this issue continues to generate complex debates about the balance between freedom of expression and hate speech, particularly in the context of politics, general-news, and crime-and-justice.
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