32 No. 70 JUSTICE preventing all forms of antisemitism; protecting and fostering Jewish life in Europe; and promoting research, education and Holocaust remembrance. Especially now, the realization of these goals constitutes a great challenge, and it seems essential for European lawyers to become engaged in the expert work on the Strategy. Post-October 7 Legal Mobilization The effectiveness of European legal instruments against antisemitism depends, as it always does, on proper implementation. An example of effective implementation is the legal intervention undertaken by the International Association of Jewish Lawyers and Jurists (IJL) in Poland with regard to Marie Andersen.15 Marie Andersen, a Norwegian student at the Warsaw Medical University, participated in a pro-Palestinian, antiIsraeli military demonstration in Warsaw, Poland. During the demonstration, she carried a disgraceful antisemitic poster displaying a trash bin with an Israeli flag inside it, and bearing the words, “keep the world clean.” Other demonstrators carried numerous banners with slogans including, “From the river to the sea, Palestine will be free.” However, it was Andersen’s banner that caused particular outrage and was described as a manifestation of antisemitism by multiple public figures, including Andrzej Duda, the president of Poland, and Rafał Trzaskowski, the mayor of Warsaw. During the demonstration she also gave an interview where she failed to condemn Hamas terrorists, whereas she expressed her denial of the Jewish people’s right to live in Israel and of the right of Israel to exist within its borders. It was later revealed that she also posted on her Instagram a poster directly equating the State of Israel with the Nazi regime, which is classified as a form of antisemitism according to the International Holocaust Remembrance Alliance’s (IHRA) Working Definition of Antisemitism.16 The Working Definition states that antisemitism can be manifested in part by: (1) depriving Jews of their right to self-determination, such as by expressing the view that the existence of the State of Israel is a racist endeavor; (2) applying double standards by requiring Israel to behave in a way that is not expected or required of any other democratic state; and (3) comparing contemporary Israeli policy with that of the Nazis. Andersen’s actions also provoked a legal response. The IJL (as well as various Polish NGOs) submitted formal notifications to the Public Prosecutor's Office in Warsaw, requesting the opening of an investigation into the possible commission of a crime by Andersen. The claim concerns the violation of Article 126a of the Polish Criminal Code, which penalizes public incitement to commit a crime (genocide, participation in mass murder, discrimination), as well as the praising of a crime. The claim also cited Article 256 para. 1 of the Polish Criminal Code, which penalizes public incitement of hatred based on nationality and ethnicity. The Prosecutor's Office accepted the IJL arguments and officially launched the investigation on December 28, 2023. Additionally, the IJL called upon the Rector of the Medical University of Warsaw to expel Andersen from the University on disciplinary grounds, as her antisemitic behavior breached numerous provisions of the medical school’s rules of procedure. As raised by the IJL, expelling her is imperative to protecting the rights and freedoms of other medical students, including, above all, Jewish and Israeli students. Both proceedings are pending and IJL monitors them closely. The legal systems of individual European countries and European institutions are no substitute for several other elements within a larger, more comprehensive approach to combating antisemitism. Legal measures have also usually been considered a “last resort” and a tool to be used when other methods have failed, or the law has been drastically violated. However, the events that occurred on October 7, 2023, and the subsequent wave of antisemitism flooding the world forces us to redefine the role of law and litigation as instruments for preventing antisemitic attacks. Importantly, these measures are reflected in the national laws of European countries, which is why the recent, shocking antisemitic act of a Polish MP who has a long history of promoting antisemitic conspiracy 15. Unpublished letter from IJL to Prof. Zbigniew Gaciong, Rector of the Medical University of Warsaw, dated Oct. 23, 2023 (English). Unpublished IJL submission to the Prosecutor, sent Oct. 26, 2023 (Polish); see IJL, X (Twitter), Oct. 27, 2023, available at https://twitter.com/ijl_jewish/ status/1717836673009021111; see also IJL, X (Twitter), Nov. 19, 2023, available at https://twitter.com/ ijl_jewish/status/1726302226916761769; https://cst.tau. ac.il/perspectives/head-held-high/ 16. IHRA Working Definition of Antisemitism, available at https://holocaustremembrance.com/resources/workingdefinitions-charters/working-definition-antisemitism
RkJQdWJsaXNoZXIy MjgzNzA=