From the Danube to the Baltic Sea, Germany takes an authoritarian turn

Since the Hamas’ 7 October terrorist attacks and the subsequent Israeli assault on Gaza, German authorities are using increasingly illiberal measures to curtail pro-Palestine activism. Under the guise of combatting Israel-related antisemitism, civic space for freedom of expression and assembly is shrinking.

The seemingly isolated incidents highlighted in this article are piling up and the curtailing of civic space is starting to be noticed internationally: Civicus, which ranks countries by freedom of expression rights, recently downgraded Germany in a review from “open” to “restricted” due to repression of pro-Palestinian voices, as well as of climate activists.

Stigmatisation of pro-Palestine activism

In her speech celebrating the 60th anniversary of the foundation of Israel in 2008, former chancellor Angela Merkel referred to the historical responsibility of Germany for the Shoah, including the security of Israel, as part of Germany’s “Staatsräson” (reason for existence). As Hamas has never credibly renounced its goal of destroying Israel, many German policymakers instinctively lean towards near unconditional support for Israel in the face of such adversaries. For them, the 7 October attacks only served to highlight that Germany cannot give an inch to critics of Israel.

There are long-standing disagreements around where to draw the line between legitimate criticism of Israel and attacks on Israel that single it out because it is a Jewish state, are expressed in antisemitic ways or are motivated by antisemitic views. For example, the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism acknowledges that “criticism of Israel similar to that levelled against any other country cannot be regarded as antisemitic” but identifies seven examples of when attacks on Israel may be antisemitic (taking into account the overall context). For example, it could be antisemitic to reference classic antisemitic tropes such as the blood libel conspiracy myth to describe Israel, deny the Jewish people’s right to self-determination or blame Jews collectively for the actions of Israel, according to IHRA.

While Germany has adopted IHRA, much looser standards seem to be applied by authorities and commentators committed to tackling Israel-related antisemitism. Calls for a binational state, advocacy for the Palestinian refugees’ right of return, support for Boycott, Divestment and Sanctions (BDS) or accusations that Israel is committing Apartheid are regularly identified as antisemitic. There is a strong sense that given its historical responsibility, it is not Germany’s place to judge, or let anyone else judge, Israel even as its offensive in Gaza has resulted in one of the highest rates of death in armed conflict since the beginning of the 21st century, and disproportionately affects civilians.

Against this background, advocacy for Palestinian political self-determination and human rights is cast as suspicious. In the liberal Die Zeit newspaper, journalist Petra Pinzler criticised the Swedish climate activist Greta Thunberg as she “sympathises more and more openly with the Palestinians and thus divides the climate movement.” Apparently sympathy with the Palestinians has become a cause for concern.

The debates since 7 October have created an atmosphere in which pro-Palestinian voices are more and more stigmatised. Pro-Palestinian protests have repeatedly been banned by local authorities. Their dystopian rationale for these bans revolves around the idea that, based on assessments of previous marches, crimes are likely to be committed by protesters. The practice is not new: in the past, German police have even banned protests commemorating the Nakba (Arabic for “catastrophe”), the collective mass expulsion and displacement of around 700,000 Palestinians from their homes during the 1947-49 wars following the adoption of the Partition Plan for Palestine by the United Nations. In reaction to pro-Palestine protests since 7 October, the antisemitism commissioner of North Rhine Westphalia and former federal justice minister even suggested the police should pay closer attention to the nationality of pro-Palestine protest organisers as protests organised by non-Germans could be banned more easily.

Furthermore, pro-Palestinian political symbols are being falsely associated with Hamas or other pro-terrorist organisations. In early November, the Federal Interior Ministry banned the chant “From the River to the Sea, Palestine will be free” as a symbol of both Hamas and Samidoun, a support network for the Marxist-Leninist Popular Front for Liberation of Palestine which has been designated as a terrorist organisation by the European Union.

While one plausible interpretation of the “From the River to the Sea” slogan is that it is a call for the destruction of Israel, it is equally plausible to understand it as a call for a binational state with full equality of all citizens. Without context, the slogan cannot automatically be identified as antisemitic, though it is of course entirely legitimate to criticise this ambivalence. As has been extensively documented, the slogan does not originate with nor is exclusively used by Hamas.

Apart from being based on misinformation, banning “From the River to the Sea” has also created the ludicrous situation that the German police force is asked to make assessments on whether holding a “From the River we do see nothing like equality” placard is an expression of support for terrorism. A former advisor to Angela Merkel even called for the German citizenship of a previously stateless Palestinian woman to be revoked who posted a similar slogan (“From the River to the Sea #FreePalestine”) on her Instagram.

In some cases, these dynamics venture into the absurd. On 14 October, the activist Iris Hefets was temporarily detained in Berlin for holding a placard that read: “As a Jew & an Israeli Stop the Genocide in Gaza.”

These illiberal and ill-conceived measures are not limited to protests. In response to the 7 October attacks, authorities in Berlin allowed schools to ban students from wearing keffiyeh scarves to not “endanger school peace”.

Curtailing civic spaces

While these trends have been accelerated since 7 October, they predate it. In 2019, the German Bundestag passed a resolution that condemned the BDS movement as antisemitic. It referenced the aforementioned IHRA definition of antisemitism (which does not comment on boycotts), compared the BDS campaign to the Nazi boycotts of Jewish business and called on authorities to no longer fund groups or individuals that support BDS.

BDS calls for the boycott of Israeli goods, divestment from companies involved in the occupation of Arab territories and sanctions to force the Israeli government to comply with international law and respect the rights of Palestinians, including the right of return for Palestinian refugees. Inspired by the boycott campaign against Apartheid South Africa, BDS has attracted many supporters, but critics have claimed that BDS singles out Israel and delegitimises its existence. Accusations of antisemitism within the movement should of course be taken seriously: BDS supporters have previously been accused of employing antisemitic rhetoric about malign Jewish influence and intimidating Jewish students on campus. However, many of BDS’ core demands are clearly not antisemitic. Since the BDS lacks a central leadership that would issue official stances, it is difficult to make blanket statements about the movement in its entirety.

The 2019 resolution is now being cited to shut down cultural events. A planned exhibition in Essen on Afrofuturism was cancelled over social media posts that, according to the museum, “do not acknowledge the terroristic attack of the Hamas and consider the Israeli military operation in Gaza a genocide” and expressed support for BDS. The Frankfurt book fair “indefinitely postponed” a literary prize for the Palestinian author Adania Shibli, after one member of the jury resigned due to supposed anti-Israel and antisemitic themes in her book. Shibli has since been accused by the left-wing Taz newspaper of being an “engaged BDS supporter” for having signed one BDS letter in 2007 and a 2019 letter that criticised the city of Dortmund for revoking another literary price for an author that supports BDS. A presentation by the award-winning Forensic Architecture research group at Goldsmiths (University of London), which has analysed human rights abuses in SyriaVenezuela and Palestine as well as Neo-Nazi murders in Germany, was likewise cancelled by the University of Aachen which cited the group’s founder Eyal Weizman’s support for BDS.

The curtailing of civic space increasingly affects voices that have stood up for human rights at great personal risk. The Syrian opposition activist Wafa Ali Mustafa was detained by Berlin police near a pro-Palestine protest, reportedly for wearing a keffiyeh scarf. Similarly, the Heinrich-Böll-Stiftung, which is associated with the centre-left Green Party, pulled out of the Hannah Arendt prize ceremony, which was due to be awarded to the renowned Russian dissident, philosopher and human rights advocate Masha Gessen. Despite acknowledging differences between the two, Gessen had compared Gaza to the Jewish ghettoes in Nazi-occupied Europe in an article about the politics of memory in Germany, the Soviet Union, Russia, Poland, Ukraine, Hungary and Israel.

Conversation stoppers

Alarm bells should ring as one of Europe’s major liberal democracies has taken an authoritarian turn in the aftermath of 7 October. Germany’s noble commitment to its historical responsibility in the face of rising antisemitism is morphing into a suppression of voices advocating for Palestinian political self-determination and human rights.

In this distorted reality, civic spaces are eroded, cultural symbols banned, political symbols falsely conflated with support for terrorism and events are shut down. So far, there has been little pushback or critical debate about these worrying developments. To the contrary: politicians, foundations, cultural institutions and media outlets seem to be closing ranks under the shadow of the 2019 BDS resolution and a skewed interpretation of the IHRA definition.

Following the appalling violence committed by Hamas on 7 October, and the scale of civilian suffering in Gaza due to the subsequent Israeli military offensive, polarisation and tension between communities have been on the rise. In this context, it is crucial to be able to have passionate, empathetic, controversial and nuanced discussions about the conflict, its history, the present impasse, potential ways forward and its impact on Jewish, Muslim and Arab communities abroad. With the voices of activists, authors and even internationally renowned human rights advocates being increasingly isolated, these vital exchanges are prevented from taking place.

The world needs to learn from Masha Gessen moments

The rules on what we can and cannot say have exponentially increased since Hamas’ attack in Israel in October and Israel’s response. Just ask Masha Gessen. Over the last few days the Russian-American writer has found themselves at the centre of a controversy over an award they were due to receive.

It was a play of two acts. Act one, disinformation. The well-respected site LitHub ran an article with the heading “Masha Gessen’s Hannah Arendt Prize has been canceled because of their essay on Gaza.” The problem was it hadn’t been cancelled. Gessen pointed that out, saying they had only been approached by one journalist and that as a result “inaccuracies pile up”. LitHub had to issue what every editor dreads – a correction.

The reality – act two – was more prosaic. The main sponsor withdrew their support of the ceremony. It still went ahead, just at a different venue, on a different day. This past weekend Gessen received the Hannah Arendt prize for political thought for their work documenting Russian war crimes. It was a slimmed-down event; Gessen had a police escort.

Even in the absence of more in-your-face censorship, this still feels very problematic, part of a broader ecosystem in which people are punished in some way for what they say. And all of this because of a few lines in a New Yorker article in which Gessen compared Gaza to Nazi-era ghettos.

I should state here, for whatever relevance it holds, that I am Jewish. My family tree lost most of its branches because of the Holocaust. I’m sensitive to both inaccurate comparisons with the Holocaust and to Jewish suffering and prejudice writ large. Like myself, Gessen was born into a Jewish family and is a descendent of those murdered in the Holocaust. Their piece was not, as the furore would have made me assume, a 3000-word smear piece on Israel. Instead it was a thoughtful response to Germany’s Holocaust memory, which criticised Israeli policy at points – as we all do. Gessen’s words were precise, measured, balanced. The root of the controversy was when Gessen says “the ghetto [Gaza] is being liquidated”, a part that is far from throwaway and instead accompanied by caveats and qualifications. That it could cause such outrage exemplifies everything wrong with how we are approaching conversations right now. We simply can’t handle views that we find confronting or upsetting. Our instinct is to silence and to over-correct.

We’re ending 2023 in a bad place. In every region of the world democracies are under attack, as a Freedom House report concluded. Argentina has elected a foul-mouthed president who denies the number of disappeared from the previous dictatorship. Donald Trump could be president in the USA again in 2024, even if from a jail cell, and he’s already threatened his critics. In once liberal Hong Kong Jimmy Lai, a pro-democracy activist and publisher, is on the stand in what could be best labelled a show trial. Russian troops are far from losing in Ukraine. And all the while countries like Germany, which are meant to promote free speech, are getting in tangles over anything they think could remotely be perceived as antisemitic. It’s a very bad place indeed.

Of course we didn’t arrive at the Gessen moment overnight. Our inability to move an inch from whatever camp we’ve pitched our flag has been going on for some time, with Israel-Palestine and other conflicts and ways we identify.

But staying with Israel-Palestine, who exactly does it benefit? Our fear that some language might be labelled antisemitic means we’re looking in the wrong direction. Attacks on Jews are rising around the world. In Germany itself, the far-right AfD party won its first mayoral victory at the weekend. Anti-Muslim crimes are surging too. There are plenty of real, ugly attacks that we need to tackle. It’s just they’re not coming from Gessen or the New Yorker. To suggest as such distracts.

If the goal is to lessen hatred, to create more tolerant societies, the approach of trying to block out speech we don’t like doesn’t work, not least because the instinct itself is authoritarian. Pro-Palestinian voices are being silenced, as are Jewish ones. It’s minorities who always lose out.

In Gessen’s acceptance speech for the award, which was not their original one, they spoke of the power of comparisons: “Comparison is the way we know the world. And yet we make rules about things that cannot be compared to each other,” they said, adding that the Holocaust has been put in a place where it is seen as an exception, unlike anything else, beyond likening. Gessen was clearly not going to be silenced. Instead they chose the moment to pause and reflect, to open up a conversation about how language is used and to challenge the rules around speech that we’ve currently been told to obey. There are lessons to be learnt here as we head into 2024.

Putin’s control threatens Russian dissident voices

2023 has been a year with more news than days. Every corner of the world is a cacophony of broadcasts describing horror, injustice, sorrow and pain. There are times when you just want to cover your ears, close your eyes and hope for peace in all senses of the word. But in this barrage of bulletins dictators thrive.

Whilst the United Nations scrutinises the Israel-Hamas war, the United States Congress holds crunch talks over the future of funding for Ukraine in its defence and Beijing gears up for the trial of Jimmy Lai, Putin lurks in the shadows. His nefarious and nihilistic plots continue their march to his single goal of power at all costs. This week Vladimir Putin announced that he will be seeking yet another term as President of the Russian Federation. He boasts that he will hold polls in the occupied territories he illegally invaded in Ukraine and brushes over the matter he is riding roughshod over the Russian constitution once again.

However, Putin’s determination to cling to power can only happen when he oppresses and silences dissidents. The latest victim of the Russian President’s tyranny is Russian-American journalist Masha Gessen. The trumped-up charges from the Kremlin are “spreading false information about the Russian army”. This is the latest crackdown on dissent being undertaken by the Russian state.

This week we also heard that lawyers for Alexei Navalny have been unable to contact the Russian opposition leader. His legal team have made two attempts to reach the two penal colonies where they believe Navalny is being held. Neither of the colonies have responded to the requests for information. Only last week the jailed Russian opposition leader fell ill within prison and was due to appear in court again this week.

Another thorn in the side of Putin, the former member of a Moscow municipal council Alexei Gorinov, has grown ill whilst incarcerated for seven years in prison. Gorinov no longer has the strength to sit up or even speak.

Gessen, Navalny and Gorinov all reflect the autocratic approach by Putin to his critics: imprisonment, abuse, and hunting down those who are able to escape. Whether you are a journalist, politician or member of the public in Putin’s Russia you are at risk of the whims of a man who yearns only for more control.

Whilst war rages in Ukraine it is easy to lose sight of the dissidents saying loudly that the Russian state doesn’t act in their name. During turbulent times it’s all too easy for us to be deafened by events and for dissidents’ voices to be muffled. We cannot allow that to happen and as long as Index on Censorship exists we will give a megaphone to those fighting for freedom of expression to ensure you can hear what they are saying.

To finish – as we reach the end of 2023 – the only thing I can really promise you is that the team at Index will be required to keep fighting for dissidents in 2024 – and that will do our job with the dedication and commitment that you expect from us.

So from the team at Index – we wish you well over the holidays and hope for a much better 2024.