39 Fall 2021 would like to share my experience as head of the International Association of Jewish Lawyers and Jurists’ (IJL) Legal Center for Combating Antisemitism. My focus is on what I believe should be done to improve the implementation of measures to reduce antisemitism. At the outset, I note that a broad legal base and a variety of legal tools to deal with antisemitic incidents is absolutely required, and that is why it is vital to work wherever possible toward the expansion of relevant legislation. Having said this, from our experience within the IJL’s Legal Center for Combating Antisemitism, we see that legislation alone is not enough. Germany probably has the most extensive legislation dealing with antisemitism. German legislation exists regarding Holocaust denial, incitement, disseminating antisemitism and hate speech on the internet, etc. In Germany, the IJL has followed up with police officers on their handling of antisemitic incidents, how incidents were brought to police attention, and we have also checked how perpetrators have been prosecuted. One of the incidents we have followed includes a complaint filed by a German lawyer regarding a threatening letter he received due to his involvement with us. An investigation he himself had conducted revealed that two similarly threatening letters had been sent to other people, one a civil servant and the other a Jewish citizen. Unfortunately, all our subsequent investigations, including following up on complaints filed with respect to the three letters, were closed by the authorities and no one was prosecuted. This example shows that it is not enough for legislation to exist; it is necessary for it to be implemented by the enforcement bodies. It is also necessary to ensure that law enforcement agents understand the importance of combating antisemitism and how they play a role in accomplishing this. The following recommendations should, I believe, be followed up to support and uphold legislation to combat antisemitism in Germany and the rest of the world. First, further action needs to be taken to influence the promotion of legislation to combat antisemitism, wherever possible. Second, it would be helpful if meetings were held with law enforcement agencies to clarify the importance of combating antisemitism and underline how to exercise the use of existing legal tools. Third, establishing a central information / intelligence center whose principal aim is to gather information regarding events, organizations which are of racist, antisemitic or extreme right-wing nature and/or which fund antisemitic activities, would help increase the ability to combat antisemitic activities. In conclusion, while legislation exists around the world to combat antisemitism, there are still places where legislation is minimal. Moreover, even where extensive legislation has been put in place, it is by itself not sufficient to combat antisemitism. Therefore, more needs to be done to detect antisemitic activities, to legislate against such activities and – as I have highlighted – to implement the legislation properly, such as through educating enforcement officers. n Avraham (Avrumi) Yishai is head of the Legal Center for Combating Antisemitism. The Gap between Legislation against Antisemitism and its Implementation I AvrahamYishai
RkJQdWJsaXNoZXIy MjgzNzA=