47 Fall 2026 reaking New Ground in Berlin Antisemitic incidents increased significantly around the world in 2000-2001, accelerated by the proliferation of antisemitism on the newly emerging internet and inspired in part by the Palestinian Arab terrorism of the Second Intifada. The wave of attacks included numerous fire-bombings of synagogues in Western Europe, especially France. The World Jewish Congress characterized the torrent of antisemitic outrages as “the worst since World War II.” That description was dramatically underlined when two delegates traveling to a World Jewish Congress meeting in Brussels to discuss rising antisemitism were themselves assaulted by a group of men shouting “Death to the Jews!”1 The rising tide of global antisemitism prompted a number of studies and conferences. The 55 member countries of the Organization for Security and Co-operation in Europe (OSCE) convened an international conference on antisemitism in Vienna in June 2003. The delegates did not break new conceptual ground; they limited themselves to general expressions of concern about the problem. The significance of the conference lay in the fact that for the first time, a broad segment of the international community acknowledged that antisemitism was a growing problem requiring systematic monitoring.2 The Vienna gathering was followed by a second OSCE conference on antisemitism, held in Berlin in April 2004. Its final resolution, like that of the first meeting, did little more than condemn antisemitism in general terms and pledge to seek ways to address the problem.3 What made the conference a turning point was the position articulated by U.S. Secretary of State Colin Powell. Powell had not intended to participate in the Berlin conference. He only did so at the urging of Rep. Tom Lantos (D-Cal.), the sole Holocaust survivor in Congress. Lantos believed Powell’s involvement was necessary to “give the issue of European antisemitism the high-level attention it needs and deserves.”4 A member of the U.S. delegation later recalled how “all eyes followed [Powell] wherever he went—[w]ith his presence, the glamour and prestige of the Conference increased exponentially and made it clear that there would be meaningful results and not just talk.”5 The 2004 Law Mandating U.S. Action Against Antisemitism: Origins, Obstacles, and Impact* Rafael Medoff * This article is an expanded version of remarks delivered at the Law and Antisemitism Conference held at the Cardozo School of Law, in March 2026. Dr. Medoff’s participation in the conference was made possible, in part, by a microgrant from the Academic Engagement Network. 1. “News Brief,” JEWISH TELEGRAPHIC AGENCY [hereafter JTA] (April 25, 2002). 2. Michael Whine, “Two Steps Forward, One Step Back: Diplomatic Progress in Combating Anti-semitism,” 4 ISRAEL JOURNAL OF FOREIGN AFFAIRS 92-93 (2010). 3. Jerusalem Center for Public Affairs 9 (JCPA), “International Framework Documents on Combating Anti-Semitism: Berlin Declaration, FRA Working Definition of Anti-Semitism” (Dec. 1, 2010), available at https://jcfa.org/article/ international-framework-documents-on-combating-anti-semitism-berlin-declaration-fra-working-definition-of-antisemitism/ 4. 150 Cong. Rec. E838-E839 (May 12, 2004). 5. Betty Ehrenberg, “The Anti-Semitism Conference: An Inside Look,” JEWISH PRESS (May 14, 2004). B
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