Court fines pro-Palestinian parole
A certain slogan is often heard at pro-Palestinian demonstrations. A Berlin court has sentenced a 22-year-old to a fine because, in its view, the slogan condones criminal offenses. Before the Hamas terrorist attack in Israel, the slogan was evaluated differently.
The controversial slogan "From the river to the sea, Palestine will be free" has led to a conviction in Berlin. The Berlin district court of Tiergarten imposed a fine of 40 daily rates of €15 (€600) on a 22-year-old who shouted the slogan at a pro-Palestinian demonstration a few days after the Islamic Hamas' attack on Israel on October 7, 2023. The presiding judge explained that the slogan must be seen in context.
Only four days earlier, there had been an attack on Israeli territory. In this context, the slogan could only be understood as denying Israel's right to exist and supporting the attack, the judge said. "The massacre should be condoned," the judge added. In this context, the slogan was "incitement." The approval was capable of disturbing public peace.
The 22-year-old was allegedly among a group of about 60 people who shouted the controversial slogan at a previously banned rally in Berlin-Neukölln on October 11, 2023. Initially, a penalty order was issued against the defendant. However, as she appealed, a trial took place.
Turmoil in the courtroom after the verdict
Shortly after the verdict was announced, court officials had to clear the room due to loud protests from spectators. The defendant stated that it was a legitimate action. She described herself as a woman who stands against racism and antisemitism and advocates for "an end to violence." Her lawyers pleaded for acquittal, arguing that the slogan was "ambiguous" and had no connection to Hamas in this case. The prosecutor demanded a sentence of 60 daily rates. The verdict is not yet final.
Since the terrorist attack, there have been numerous demonstrations in Berlin related to the Gaza conflict. The Berlin public prosecutor's office and police evaluate the slogan "From the river to the sea, Palestine will be free" differently than before the terrorist attack by the Islamic Hamas. The sentence means that there should be a free Palestine on a territory from the Jordan River to the Mediterranean Sea - where Israel is currently located.
Apparently, the first conviction of this kind
Following the federal Interior Ministry's ban on the activities of the Islamic Palestinian organization Hamas and the Palestinian network Samidoun, the Berlin public prosecutor's office generally sees at least a suspicion of initial involvement in using symbols of unconstitutional and terrorist organizations, as well as violating the association law. If a direct connection to the Hamas terrorist attack is established, for example, through corresponding images, this can also be evaluated as condoning criminal offenses.
The Berlin district court made this assessment in the current case. It is probably the first conviction in a trial, said court spokeswoman Lisa Jani. However, since the court does not keep such statistics, this cannot be stated with certainty.
The controversy surrounding the slogan "From the river to the sea, Palestine will be free" extends to the Palestinian territories. Despite its historic meaning, implying a free Palestine from the Jordan River to the Mediterranean Sea, its use in the context of protests following the Hamas terrorist attack in Israel has been viewed as incitement and condoning criminal offenses, leading to a conviction in Berlin.
