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https://www.wsws.org/en/articles/2023/11/20/zvsr-n20.html
Use of the slogan “From the river to the sea, Palestine will be free” is now being prosecuted in Germany as a criminal offense punishable by imprisonment of up to three years or a fine. Munich Chief Prosecutor Andreas Franck, who is also the antisemitism commissioner of the Bavarian judiciary, has already announced his intention to pursue charges based on the slogan as well as prohibited Nazi slogans and symbols.
The legal basis is the ban on Hamas, which Federal Minister of the Interior Nancy Faeser (Social Democrats—SPD) issued on 2 November. Hamas was previously considered an illegal terrorist organisation, but Faeser issued a specific ban on the organisation, even though Hamas officially has no organised presence in Germany.
Demonstration at Oranienplatz Berlin against the genocide in Gaza, October 28, 2023.
The five-page prohibition order published in the Federal Gazette lists “Hamas signs,” the public use of which is prohibited. The list also includes “the slogan ‘From the river to the sea’ (in German or other languages).” According to Chief Prosecutor Franck, use of the slogan could be punished on the basis of Section 86a of the Criminal Code: “Use of signs of unconstitutional and terrorist organisations.”
Until now, German prosecutors had regarded the statement as legal. It was in principle covered by freedom of expression, the public prosecutor’s offices in Berlin, Munich and other cities explained, according to the Süddeutsche Zeitung. Those who wish for Palestine to be “free,” it was said, are not necessarily calling for violence. The demand can also be a call for peaceful change of the status quo. The Berlin Administrative Court ruled as recently as August that the slogan itself was not punishable by law.
However, with the prohibition order, the legal requirements have changed. Instead of being prosecuted for “incitement to hatred,” which requires clear proof of incitement to violence, anyone using the slogan can now be punished solely on the grounds that the minister of the interior has declared it a “sign” of a prohibited organisation.
This is an arbitrary act of censorship and suppression of the fundamental right to freedom of expression.
Use of the slogan “From the river to the sea, Palestine will be free” is now being prosecuted in Germany as a criminal offense punishable by imprisonment of up to three years or a fine. Munich Chief Prosecutor Andreas Franck, who is also the antisemitism commissioner of the Bavarian judiciary, has already announced his intention to pursue charges based on the slogan as well as prohibited Nazi slogans and symbols.
The legal basis is the ban on Hamas, which Federal Minister of the Interior Nancy Faeser (Social Democrats—SPD) issued on 2 November. Hamas was previously considered an illegal terrorist organisation, but Faeser issued a specific ban on the organisation, even though Hamas officially has no organised presence in Germany.
Demonstration at Oranienplatz Berlin against the genocide in Gaza, October 28, 2023.
The five-page prohibition order published in the Federal Gazette lists “Hamas signs,” the public use of which is prohibited. The list also includes “the slogan ‘From the river to the sea’ (in German or other languages).” According to Chief Prosecutor Franck, use of the slogan could be punished on the basis of Section 86a of the Criminal Code: “Use of signs of unconstitutional and terrorist organisations.”
Until now, German prosecutors had regarded the statement as legal. It was in principle covered by freedom of expression, the public prosecutor’s offices in Berlin, Munich and other cities explained, according to the Süddeutsche Zeitung. Those who wish for Palestine to be “free,” it was said, are not necessarily calling for violence. The demand can also be a call for peaceful change of the status quo. The Berlin Administrative Court ruled as recently as August that the slogan itself was not punishable by law.
However, with the prohibition order, the legal requirements have changed. Instead of being prosecuted for “incitement to hatred,” which requires clear proof of incitement to violence, anyone using the slogan can now be punished solely on the grounds that the minister of the interior has declared it a “sign” of a prohibited organisation.
This is an arbitrary act of censorship and suppression of the fundamental right to freedom of expression.
