Middle East
Pro-Palestine demonstrations: what protests can be punishable by law
Last weekend, around 50 people gathered in Berlin-Neukölln for what the police said was a pro-Palestinian demonstration. photo
© Paul Zinken/dpa
Freedom of assembly is considered a valuable asset in democracies. But there are also legal limits for pro-Palestinian demonstrations. Specialist lawyer Udo Vetter explains.
During pro-Palestinian protests in Anti-Semitic slogans are repeatedly used in Germany and Israeli flags are denigrated. Freedom of assembly is a valuable asset in a democracy, but there are criminal law limits.
Individual expressions of solidarity during demonstrations for Hamas, which the EU has classified as a terrorist organization, can be punishable. Because cheering for Hamas’s murders of Jews falls under the criminal offense of “rewarding and condoning crimes” and can be punished under certain circumstances, as criminal law specialist Udo Vetter explains to the German Press Agency. This is always the case when public peace is disturbed by “rewarding and condoning crimes,” according to the Criminal Code (Section 140).
Fines and prison sentences possible
Accordingly, anti-Semitic slogans that are uttered loudly during a meeting and advocate murder, for example, can result in fines or a prison sentence, as Vetter says. According to the lawyer, denigrating foreign flags is also a punishable offense, as regulated by Section 104 of the Criminal Code.
In addition, people who carry weapons or other objects that could injure other people or damage things during demonstrations will be punished.
Vetter also emphasizes that the right to freedom of assembly enshrined in Article 8 of the Basic Law explicitly applies to German citizens. Misbehavior by foreigners during protests could lead to deportation. “For example, Section 54 of the Residence Act states that supporting terrorist organizations is a reason for expulsion. Of course, only if that is proportionate,” says Vetter.
In general, the assembly law applies to all demonstrations. A rally can be banned or dissolved if, for example, the goals of parties or organizations are pursued that are unconstitutional and prohibited, if the event turns violent or there is a risk to the life and health of the participants.