37 Fall 2021 n 2018, the German Federal Government introduced for the first time the office of a Commissioner for Jewish Life in Germany and the Fight against Antisemitism and entrusted this task to me. In the three years that I have been in office, we have created important structures and launched several legislative initiatives. Developments in the context of the COVID-19 pandemic have raised new legal issues over the past year. At demonstrations against the measures taken to prevent the spread of infection here in Germany, the Shoah has been relativized in various forms. We have seen members of the anti-immunization movement wearing the yellow Star of David featuring the inscription “unvaccinated,” and there have also been comments made which draw a comparison with Jews under National Socialism. Such statements and claims are not always recognized as antisemitic, although public trivialization of the Shoah has been a punishable offence since 1994. For this reason, it is not only important to create legal clarity but also to promote the relevant training of law enforcement staff, public prosecutors, and judges. We are already working at different levels to achieve this. An important step towards more clarity was the adoption of the International Holocaust Remembrance Alliance (IHRA) definition by the German government in 2017. German criminal law does not contain any provisions punishing antisemitism in general, that is, antisemitic positions or attitudes. Antisemitism becomes evident in actions, statements and deeds, and is more visible and openly expressed today than it was just a few years ago. In the digital age, the internet and social networks enable antisemitic incitement, offering a larger echo chamber for hate messages than ever before. In Germany, the Network Enforcement Act requires network providers not only to take down, but as of 2022, to also report punishable content to the security authorities. However, we also need international cooperation to deal with this issue. While initiatives are underway at the European level, the coordination processes are complex and time-consuming. In the physical world, acts of violence that result in bodily injury or damage to property are punishable, as are insults and illegal propaganda activities. If such acts are committed in the context of a demonstration, this may constitute a breach of the public peace. At my initiative, a regulation was adopted in Germany a few months ago which enjoins the courts to punish crimes more severely if the perpetrator had antisemitic motives. Even slogans can be punishable. In Germany, the focus is on combating incitement to hatred and violence. This offense aims to disturb the public peace and is therefore often committed in public, for example, by chanting at public demonstrations. In such cases, anybody who incites hatred or violence against specific GLOBAL FORUM – LEGAL PANEL Legislation Is Not Enough - Improving Legal Action Tools in the Fight against Antisemitism: German Legislation I Felix Klein Editor’s Note: IJL was honored to have been invited to participate in the legal working group at the 7th Global Forum for Combating Antisemitism, held in Jerusalem. The objective of the working group was to offer insights, conclusions, and suggest best practices and action items that can be implemented as strategies for combating antisemitism. The panel (held on July 14, 2021) consisted of five presentations that were edited for publication and appear herein. They are followed by a summary by David Benjamin, the moderator of the panel.
RkJQdWJsaXNoZXIy MjgzNzA=