Unpredictable nature and ambiguous rule of law
In a surprising turn of events, the Tiergarten district court in Berlin has once again acquitted an activist for using the slogan "From the River to the Sea, Palestine will be free." This marks the second time in a matter of weeks that the court has ruled in favour of free speech, contradicting the Federal Ministry of the Interior and potentially undermining the actions of the deployment forces on Berlin's streets.
The Berlin State Criminal Police Office (LKA) has concluded in an internal scientific report that the attribution of the slogan to Hamas is not tenable in terms of content. This finding contradicts the ban on the slogan imposed by the Federal Ministry of the Interior in November 2023, which is being questioned as legally and substantively unsustainable.
The use of the slogan has led to arbitrary arrests and legal uncertainty on Berlin's streets. Last week, a Palestine solidarity Pride demo was broken up and allegedly beaten down by the police because the slogan was heard or seen there. Participants at a solidarity rally for the acquitted activist were arrested for chanting the slogan, even though the acquittal had been handed down minutes earlier.
The slogan "From the River to the Sea" is widely interpreted as a call for the liberation of the entire territory between the Jordan River and the Mediterranean Sea, which encompasses the state of Israel. The debate over the slogan, especially in places like Berlin, stems from tensions around freedom of speech, hate speech laws, and the political sensitivities of the Israeli-Palestinian conflict in Europe.
Advocates argue that the slogan is a call for Palestinian rights, while critics see it as a slogan that legitimizes extremist aims, triggering sensitive debate on limits to expressions supporting what many label a terrorist organization. Variations of the slogan, such as "From the River to the Sea, we demand equality," could be considered terrorist propaganda.
The controversy involves its interpretation as part of Hamas rhetoric and the tensions Europe's legal frameworks face balancing political speech and security concerns. Germany, in particular, has a unique historical context with strict laws against incitement to hatred and antisemitism. Demonstrations employing this slogan in Berlin have triggered legal scrutiny and political debate on whether the slogan constitutes hate speech or incitement, or whether it should be protected as political expression.
The LKA report and the court's acquittal are seen as steps towards protecting free speech and assembly in Berlin, which has been under scrutiny for its pattern of imposing strict conditions on demonstrations and intervening harshly at the slightest infringement. The police and justice system in Berlin have been criticized for their rigid pursuit of alleged incitement offenses and suppression of legitimate protests against a murderous war and the starvation of civilians.
This zigzag course is fatal for freedom of opinion and assembly in Berlin, raising concerns about the city's commitment to upholding democratic values. A definitive ruling by the highest court could help clarify the legal status of the slogan and provide guidance for future demonstrations. However, a case involving the use of "From the River to the Sea" has not yet made it to the Federal Court of Justice or the Federal Constitutional Court.
It is worth noting that left-wing Jewish-Israeli groups also adopt the slogan, using it to advocate for peace and equality. The slogan "From the River to the Sea" has been used by secular Palestinian nationalists since the 1960s, demanding a democratic state with equal rights for all citizens between the Mediterranean and the Jordan.
In short, the debate centers on whether "From the River to the Sea" is legally unsustainable as merely free speech or whether it crosses into incitement aligned with Hamas propaganda. The issue is emblematic of broader European challenges balancing free speech with counterterrorism and antisemitism laws in the context of Middle Eastern conflicts.
The Berlin State Criminal Police Office's report and the Tiergarten district court's acquittal of the activist have raised questions about the ban on the slogan "From the River to the Sea" imposed by the Federal Ministry of the Interior in November 2023. These actions are seen as steps towards protecting freedom of speech and assembly in Berlin, but they also highlight the controversy and political sensitivities surrounding the slogan. The debate continues on whether the slogan should be considered hate speech or protected political expression, with Europe's legal frameworks facing challenges in balancing political speech and security concerns.
