The justice ministers see their task as “ensuring the legal handling of Hamas’ terror and its effects in Germany as best as possible.” Are legal changes necessary for this?
The Conference of Justice Ministers wants to examine how Jews in Germany could possibly be better protected from anti-Semitic hostility. In a resolution, the justice ministers of the federal states state that criminal law must take sufficient account of the threats to public peace that could arise from the denial of the State of Israel’s right to exist.
“If gaps in protection with regard to Israel’s right to exist and the protection of Jewish life, as well as for the preservation of public peace in Germany, become apparent, particularly in investigations and criminal proceedings,” the heads of the federal states want to make proposals together with the Federal Minister of Justice as quickly as possible to eliminate these gaps,” the resolution continues. Berlin currently chairs the Conference of Justice Ministers.
The President of the Central Council of Jews in Germany, Josef Schuster, who was invited to the conference as a guest, welcomed the initiative in principle. However, he was somewhat disappointed and said that he would have liked “clearer instructions” for police officers who would have to act at demonstrations where slogans were shouted. Such specific instructions for action are not the responsibility of the justice ministers, but concern the interior ministers, according to the conference participants.
Israeli Ambassador Ron Prosor said freedom of expression was an important good. But when Molotov cocktails are thrown at synagogues and Stars of David are smeared on houses inhabited by Jews, that is “a red line that has been crossed.”
Anti-Semitic incidents after October 7th
The Justice Minister’s initiative was prompted by anti-Semitic incidents following the attack on Israel by the Islamist Hamas on October 7th. The images of people who cheered Hamas terror in Germany were “difficult to bear and shameful,” said the chair of the conference, Berlin’s Justice Senator Felor Badenberg (independent). The unanimous decision states that in addition to being responsible for the terrorist attack, Hamas also bears “responsibility for numerous dead civilians, including many children, in Gaza.”
The German Association of Judges (DRB) stated that the constitutional state is already “resolutely countering anti-Semitic agitation on the streets and in the digital space.” With its planned reform of the nationality law, which is intended to lower the overall hurdles for naturalization, the traffic light coalition wants to ensure that anti-Semites do not become Germans in the future. In principle, the naturalization authorities in the federal states check whether the requirements for naturalization are met. In doing so, they are guided by the application instructions from the Federal Ministry of the Interior.
The authority that has to decide on a naturalization application must already ask the Federal Office of Justice whether there have been any convictions. Convictions that have been expunged in accordance with statutory provisions will not be taken into account when deciding on naturalization. The length of the repayment period depends on the level of the criminal conviction and is at least five years. What is new in the draft from the SPD, the Greens and the FDP is that, in the case of convictions for certain crimes, the naturalization authority must also ask “whether anti-Semitic, racist or other inhumane motives were identified as part of the verdict”.
Bavaria is planning a Federal Council initiative
Bavaria’s Justice Minister Georg Eisenreich (CSU) said that his state is planning a Federal Council initiative with the aim of criminalizing so-called sympathy advertising for terrorist organizations in the future. Federal Justice Minister Marco Buschmann (FDP) rejected a corresponding proposal from the Union in October on the grounds that burning Israeli flags, collecting donations for Hamas and “endorsing crimes” could already be punished. More important than closing supposed loopholes in criminal liability is that the police do not focus primarily on de-escalating protests, but also take care of securing evidence and identifying suspects.
The criminal liability for advertising sympathy for terrorist groups was abolished in 2002. The aim of the change at the time was to formulate a clear regulation that is limited to cases in which there is a need for criminal liability, even taking freedom of expression into account.
Other topics of the round were:
The prevention of enemies of the constitution as experts or experts in court:
The aim here is to examine whether the exchange of information between the judiciary and security authorities is sufficient. Badenberg referred to incidents in which “Reich citizens” – people who do not recognize the Federal Republic of Germany – were appointed to such tasks.
Protecting children from their parents publishing photos on social networks:
Hamburg’s Senator for Justice, Anna Gallina (Greens), sees a need for action, especially when professional or semi-professional influencers post such images on the Internet in order to make money. However, a resolution submitted for this purpose did not find a majority. However, it was agreed that the topic should be back on the agenda at the next conference.
Stalking with Bluetooth trackers:
The justice ministers of the federal states are calling on the federal government to create better legal measures against secret surveillance with Bluetooth trackers and tracking devices. They are of the opinion that criminal law has so far only offered inadequate protection against the misuse of coin-sized devices. The mini devices can help locate lost suitcases or stolen cars. Secretly placed in a jacket, they can be used by stalkers to track down their victim.
Digitalization:
Buschmann and the justice ministers of the federal states confirmed in a joint statement that the digital transformation process in the judiciary should include organizational and technical measures as well as a continuation of the modernization of procedural regulations. The federal government is making up to 50 million euros available annually for digitalization projects until 2026, for a total of up to 200 million euros. Around 115 million euros have already been earmarked for projects for this and the coming years. This includes, for example, the creation of a machine translation platform for the judiciary.
Juvenile crime:
The Federal Minister of Justice had been asked to have a study carried out on violent youth crime, said Eisenreich. The aim is to improve prevention.