NAfter Hamas’ attack on Israel at the beginning of October, there were repeated riots at pro-Palestinian demonstrations in Germany. In Berlin-Neukölln and Essen, for example, anti-Semitic slogans were shouted, Israel’s right to exist was questioned or violence was called for. However, the constitutional state is not powerless against hatred of Israel. He has numerous tools to take action against it.
Ban on clubs and symbols
Bans on associations are an instrument in the fight against terror and anti-Semitism. The Chancellor announced this in his government statement shortly after October 7th with regard to the Hamas and Samidoun associations. A good three weeks later, the relevant orders from the Federal Ministry of the Interior were published in the Federal Gazette. Since then, the terrorist organization Hamas and the international network “Samidoun – Palestinian Solidarity Network” have been banned from operating in Germany. A classic ban on associations is out of the question due to the lack of solid structures for both organizations in Germany. Only the sub-organization “Samidoun Germany” was banned and dissolved. All groups must stop their activities in Germany. All of Samidoun’s email addresses will be switched off, as will the profiles on Facebook, YouTube, Instagram, the platform X (formerly Twitter) and Tiktok. The assets are confiscated.
The organizations’ symbols are also no longer allowed to be shown, neither on the Internet nor at demonstrations. The prohibited license plates and logos are shown in the orders so that the police know when to intervene. This includes the flag used by Hamas with the Islamic creed in Arabic: “There is no God but God, Muhammad is the Messenger of God” on a green background. Violations of these bans are punishable by a prison sentence of up to one year or a fine. The slogan “From the river to the sea” in German or other languages is also prohibited. It was already used by the Palestine Liberation Organization (PLO) in the 1960s and expresses that Palestine should “be free” from the Jordan River to the Mediterranean. The slogan calls into question Israel’s right to exist, because what is meant is the entire area on which the State of Israel is located.
Until now, the prevailing view was that the slogan did not necessarily call for violence against Israelis. Since the Hamas attacks, the question has been discussed again. The Federal Ministry of the Interior has made it clear that the banning orders on Samidoun and Hamas do not declare the slogan to be a criminal offense regardless of the context, but only if it is used as a symbol of the groups. Even without a connection to the organizations, the slogan can be punishable – as an endorsement of a crime. This is likely to be the case when it is chanted at gatherings celebrating the October 7 massacre. Several investigations are already underway in Berlin and Bavaria.
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