The Court of Justice consistently maintains that the Court of First Instance lacks the authority to administer the application of the principle of equal treatment.
In a recent ruling, a Berlin court acquitted human rights activist Yasemin Acar, finding that chanting the slogan "From the river to the sea, Palestine will be free" does not constitute a criminal offense. The slogan, which has been controversial in Germany, is seen as advocating for Palestinian freedom rather than inciting violence or hatred.
However, the Berlin Public Prosecutor's Office has filed an indefinite appeal against this acquittal, indicating ongoing legal debate and unwillingness by authorities to accept the court's interpretation. The reason for the appeal is rooted in the broader context where German authorities have criminalized this slogan in some states, seeing it as antisemitic or potentially inciting social unrest.
The slogan is controversial because some German officials perceive it as denying Israel's right to exist, while others see it as a human rights call for Palestinian freedom. The Federal Ministry of the Interior has classified the slogan as a symbol of the banned Islamic Palestinian organization Hamas. However, the defendant, Yasemin Acar, did not intend to support Hamas, according to the judge. For her, the slogan represents justice and self-determination for the Palestinian people.
The courts have not yet reached a final ruling on the criminality of the slogan. In a separate case, a 38-year-old woman was acquitted by the district court of Tiergarten of using symbols of terrorist organizations. The judge found no criminal offense in this case due to several reasons.
The activist, Yasemin Acar, was sentenced to a fine of 1,800 euros for resisting and assaulting law enforcement officers, slander, and attempted bodily harm. She stated that she was advocating for the Palestinian people and was being defamed. In a political statement, she claimed she was being falsely accused of antisemitism.
The International Auschwitz Committee criticized the acquittal, describing it as a "cynical and bitter message" for Holocaust survivors. The controversy surrounding the slogan continues in legal practice and literature, as stated in a ruling by the Berlin Regional Court from April 2025.
Despite the acquittal, the public prosecutor's office continues to assume the criminality of the slogan. The sentence means that there should be a free Palestine on a territory from the Jordan River to the Mediterranean Sea - where Israel is currently located. No new information about the controversy surrounding the slogan in legal practice and literature or the acquittal of the activist on charges of using symbols of terrorist organizations was provided.
- The controversy surrounding the slogan "From the river to the sea, Palestine will be free" persists in both legal practice and literature, as some German authorities view it as antisemitic or potentially inciting social unrest, while others interpret it as a call for Palestinian human rights.
- The ongoing disagreement about the slogan's criminality is evident in the Berlin Public Prosecutor's Office's decision to file an indefinite appeal against the acquittal of human rights activist Yasemin Acar, despite the courts not yet reaching a final ruling on the matter.
