JUSTICE - No. 66

24 No. 66 JUSTICE from those needed to defeat other forms of racism. This succinct website report therefore looks at how European institutions are responding to these concerns and examines what is now being done to remedy them. In previous reviews, I have noted that the agencies and governments had other, more urgent, concerns than antisemitism, and that governments in particular lacked the understanding or capacity to take effective action. 5 I now believe that they are taking the threat of antisemitism more seriously and will henceforth have to apply the new agreements in a more consistent and determined fashion. Implementing Past Decisions Recognizing that agreements need to be implemented, and that states face many demands on their time and resources, the Council of the European Union, the EU's highest body, agreed to a December 2018 Declaration regarding the fight against antisemitism, acknowledging that “Jewish communities feel particularly vulnerable to terrorist attacks, following an increase in violent incidents in recent years.” It thereupon“invited member states to adopt a holistic strategy to prevent and fight all forms of antisemitism.” 6 The Declaration took note of previous documents: the 2008 Council Framework Decision on combating racism and xenophobia; the 2012 Directive which established the rights and protections of victims of crime; the 2013 Council conclusions on combating hate crime and the 2016 code of conduct signed with the major information technology (IT) companies on fighting hate speech online. 7 Together, these instruments provide important defenses against antisemitism, but they cannot be effective unless properly implemented, and to this end, users are now being provided with advice. This guidance includes the adoption and implementation of holistic strategies targeting antisemitism as an element within wider strategies against racism and extremism. It also explains how the International Holocaust Remembrance Alliance (IHRA) might be put to good use. It also refers to the Working Definition of Antisemitism (Working Definition) as a non-legally binding guidance tool to aid law enforcement authorities. The Working Definition states that: Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities. The Declaration calls for funding for enhanced protection and security of Jewish communities. It also calls for training for national law enforcement and criminal justice authorities to improve the recording and collection of hate crime data, including antisemitism. 5. Michael Whine, “Can the European Agencies Combat Antisemitism Effectively?” I SRAEL J OURNAL OF F OREIGN R ELATIONS (Jan. 24, 2018), pp. 371-381, available at https:// www.tandfonline.com/doi/full/10.1080/23739770.2017.1 424697; Michael Whine, Chapter in C ONTENDING WITH A NTISEMITISM IN A R APIDLY C HANGING P OLITICAL C LIMATE (University of Indiana Press, Alvin H. Rosenfeld, ed., forthcoming), available at https://iupress.org/9780253058126/ contending-with-antisemitism-in-a-rapidly-changing- political-climate/ 6. Council of the European Union, “Council Declaration on the fight against antisemitism and the development of a common security approach to better protect Jewish communities and institutions in Europe,”15213/18 (Dec. 6, 2018), available at https://data.consilium.europa.eu/ doc/document/ST-15213-2018-INIT/en/pdf 7. Council of the European Union, “Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law,”O FFICIAL J OURNAL OF THE E UROPEAN U NION (Nov. 8, 2008), available at https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32008F0913&from= en; Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, O FFICIAL J OURNAL OFTHE E UROPEAN U NION (Nov. 14, 2012), available at https://eur-lex.europa . eu/legal-content/EN/TXT/PDF/?uri=CELEX:32012L002 9&from=en; Council of the European Union, “Council conclusions on combating hate crime in the European Union” (Dec. 5-6, 2013), available at https://www. consilium.europa.eu/uedocs/cms_data/docs/pressdata/ en/jha/139949.pdf; European Commission,“The EU Code of conduct on countering illegal hate speech online” (2016), available at https://ec.europa.eu/info/policies/ jus t i ce-and- fundamental -r ight s/combat t ing- discrimination/racism-and-xenophobia/eu-code-conduct- countering-illegal-hate-speech-online_en