From the river to the sea - Court convicts young woman for controversial Palestine slogans
It's a verdict that is sure to spark controversial debates. Even the British "Guardian" had reported beforehand on what was being tried in Berlin on Tuesday morning at the district court. The British had even raised the impending verdict to a case that would "decide on freedom of speech."
The now 22-year-old defendant Ava M. had chanted the controversial slogan "From the river to the sea - Palestine will be free" at a banned demonstration in Neukölln three days after the brutal attack by Hamas on Israel.
"From the River to the Sea – Palestine will be Free" – Berlin District Court Convicts for Approving Crimes
The slogan, which is often chanted at pro-Palestine demonstrations, is controversial due to its various interpretations. It is understood as a call for the elimination of Israel on the one hand, and on the other, as a wish for the liberation of Palestine from Israeli occupation.
The district court interpreted the slogan in this case as a call for the elimination of Israel and sentenced her on Tuesday to a fine of 600 euros at 40 daily rates. The presiding judge interpreted the slogan as approval of crimes, specifically in connection with the manslaughter and murder of the Jewish population by Hamas. The close temporal connection to the attack by Hamas on Israel on October 7, 2023, was decisive for the conviction, according to the judge. "This sentence can only be understood in this specific context as a denial of Israel's right to exist and support for the attack," the judge said in her reasoning. The defendant's lawyer had pleaded for acquittal, arguing that the slogan was ambiguous and there was no Hamas reference in this case. The verdict is not yet final.
Other Courts Did Not Convict for the Palestine Slogan
In the past, other courts have not convicted in similar cases. In Hamburg, about two weeks ago, two defendants who had chanted the slogan in a modified form were acquitted. The regional court in Mannheim also acquitted a man who had displayed the slogan on a sign at a demonstration in a landmark ruling.
The verdict from Mannheim was seen as a model for future legal practice. The regional court had noted in its ruling that the slogan has a complex history and it cannot be inferred from it how historical Palestine should be liberated.
However, there is a difference between the verdicts in Mannheim and Hamburg, as the case in Berlin was tried under different circumstances. The Federal Ministry of the Interior had issued an order in November of last year that "From the river to the sea – Palestine will be free" is generally associated with Hamas. Since then, anyone who chants the slogan is automatically using the symbol of a terrorist organization, which is punishable. The verdict of the regional court in Mannheim contradicted this automatic interpretation.
The case in Berlin, however, occurred before the order of the Federal Ministry of the Interior, so in this case, it was convicted for other reasons – namely, for approving crimes.
Whether this will lead to the verdict being controversially received is questionable. At least in the court, court officials had to clear the gallery due to protests after the verdict was announced.
The Commission, representing the German government, has been contacted for their stance on the Berlin District Court's controversial verdict, as it has sparked debates about freedom of speech and the interpretation of political slogans.
Given the conflicting verdicts in similar cases, such as those in Hamburg and Mannheim, The Commission's position on this issue will likely shape future legal practices in handling protests with politically charged slogans.
