48 No. 67 JUSTICE he title of this session“Legislation is not enough” is also our conclusion. We have heard from our speakers that several countries have adequate, albeit not perfect, well-intentioned legislation in place to combat antisemitism. At the same time, there is a serious gap when it comes to putting the legislation into practice. We have seen that some of the reasons given for this shortfall are as follows: 1. Antisemitism is seen as “second class racism”and is not an enforcement priority. 2. Gap between the federal/central government and local authorities. 3. Lack of requisite professional know-how among police, prosecutors, judges. 4. Proceedings that require public participation of victims deter victims from complaining and cooperating. 5. Antisemitism masquerading as opposition to Israeli policies. 6. Antisemitism within law enforcement bodies. With the above in mind, it is helpful to highlight some recommendations for action: 1. Conduct a general audit of the effectiveness of counter-antisemitism legislation in the EU. This can be used as a tool to lobby for better enforcement. 2. Build a database of worldwide legislation and judicial precedents relevant to combating antisemitism, with translations into relevant languages. This can be an important professional tool for police, prosecutors, and judges worldwide. Much work has already been done in this respect by some of our speakers. 3. Encourage local law enforcement authorities to appoint specific officials with expertise and responsibility in dealing with antisemitic incidents as points-of-contact/focal points. 4. Build and implement programs to educate law enforcement professionals on the handling and prosecution of antisemitic crimes. 5. Lobby to allow standing in legal proceedings of public interest groups instead of requiring victims to be publicly involved. Also, enable victims to preserve their anonymity. 6. Build“intelligence”gathering capability regarding antisemitic organizations to enable targeted legal action against the prime instigators. 7. Push for widespread adoption of the International Holocaust Remembrance Alliance definition of antisemitism to help avoid confusion as to what constitutes antisemitism. 8. Strategic litigation (requires substantial resources but very worthwhile). 9. Leverage anti-BDS legislation existing in some U.S. states with respect to entities wanting to trade with those states. 10. Examine the potential of proposed EU Digital Services Act to counter antisemitism on social media. n David Benjamin, Adv., Lt. Col. (Res.) is an international consultant on international law, the law of armed conflict and counterterrorism. He is a reserve officer in the Israel Defense Forces (IDF) Military Advocate General’s Corps (MAG), having formerly served as Chief Legal Advisor for the Gaza Strip and as Director of the Strategic and International Branch in the International Law Department. “Legislation Is Not Enough”: Summing-Up T David Benjamin –Moderator
RkJQdWJsaXNoZXIy MjgzNzA=