Two German courts say pro-Palestinian slogans 'legal', after solidarity group wins case

Two courts in Germany have declared that a number of pro-Palestinian slogans are not illegal and are protected by the right to freedom of expression, activists said on Wednesday.

Phrases such as "From the river to the sea, Palestinian will be free", "Child murderer Israel" and "Stop the genocide in Gaza" can be expressed in the country during pro-Palestinian rallies, after freedoms activists won two court cases filed in Munster and Cologne.

According to the Cologne court's decision, the judge reiterated that criticism of the Israeli state is "protected by freedom of expression", stressing that the slogans are "directed against Israel & not against the Jewish population of Germany", which resulted in the rejection of "inflammatory allegations of antisemitism".

What the activists described as a victory came despite the suppression of pro-Palestinian solidarity in Germany since the start of Israel’s war over two months ago, with protests prohibited and criminalised, as well as the increased presence of German riot police assaulting demonstrators defying the ban.

Hundreds have been arrested since, with Berlin slammed by rights groups for its approach to the protests.

"We affirm once again that we will not be deterred nor silenced! Let's stand together firmly & boldly," said the European Legal Support Center (ELSC)​​​​​​ in reaction to the news. The ELSC is an independent organisation defending Palestinian solidarity movements in Europe and the UK.

"We congratulate the activists and their lawyers who refused to be silenced and boldly challenged the bans," the ELSC added in a statement.

Additionally, the same judge concluded that "Stop the genocide in Gaza" is a claim based on a truthful fact, and quoted a statement from the UN Special Rapporteurs on such.

OUR MOVEMENT’S VICTORIES IN GERMANY!
In a context where extremely repressive 🇩🇪 authorities are violating the most fundamental rights, activists & lawyers of our network recently won two very important court cases, reaffirming the legality of Palestine solidarity slogans! /1

— European Legal Support Center (ELSC) (@elsclegal) December 20, 2023

The UN, and other rights groups, have warned that Gaza is at "a grave risk of genocide" following the indiscriminate Israeli bombardment and high death in the territory, which stands at at least 20,000 as of Thursday.

The courts also ruled that "From the river to the sea, Palestine will be free" is in principle not punishable because, according to the understanding of an unbiased and understanding audience, it is "objectively does not have any criminal interpretations."

The slogan, which has been popular during pro-Palestinian rallies, refers to the lands between the Mediterranean Sea and the River Jordan, and symbolises the right to return, the decolonisation of Palestinian lands and the rejection of Israeli occupation.

It has been, however, misrepresented as a hateful slogan targeted at Jews by pro-Israeli groups in the West, including in Germany.

Note: This article has been amended to clarify that the ELSC was not the source of the legal action taken in German courts as an earlier version suggested. The court action was initiated by local activist groups.