The decision by the German state, above all, raises questions about the concept of “freedom of expression,” frequently referenced in Western democracies.
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As Israel continues its attacks on Palestine, particularly in Gaza, and with the assassination of Hassan Nasrallah still in the spotlight, a new controversial topic has emerged:
In Germany, it has been reported that those who share the slogan “From the River to the Sea” in support of Palestine on social media, as well as those who like or comment on it, will not be able to obtain German citizenship.
So, what is known about this development?
This news was first brought to attention by Panorama, a television magazine published every three weeks by the North German Radio and Television (NDR) institution.
The decision in question is part of the new citizenship law that came into effect in Germany on June 27, 2024. According to the new law, individuals who work and are well-integrated in Germany can now apply for German citizenship after five years instead of the previous eight. However, there is a notable difference. German authorities have announced that they have tightened the requirements regarding commitment to the ‘liberal and democratic constitutional order’ in the new regulation.
As a result of this ‘tightening,’ the regulations prepared by the Interior Ministry indicate that those who use the “From the River to the Sea” slogan on social media, as well as those who like or comment on it, will be ineligible for German citizenship.
The published documents are part of the ‘application instructions’ issued by the German Interior Ministry for the federal states. These instructions are not ‘officially’ binding for the state authorities conducting citizenship processes, but a ministry spokesperson stated that the states have adhered to the ministry’s instructions in citizenship matters.
In the published regulations by Panorama, the titles that contradict effective commitment to the ‘free democratic order’ are listed as follows:
- Denying the reality or scale of the genocide against the Jews of Europe by Nazi Germany and its supporters and accomplices during World War II (Holocaust),
- Accusations against Jews or the State of Israel that the Holocaust was fabricated or exaggerated,
The following or similar expressions:
- “From the River to the Sea” (possibly with the addition “Palestine will be free”),
- “Bomb Tel Aviv,” “Death, Death, Israel,” “With our soul and blood, we will redeem you, Aqsa,” “Child murderer Israel,”
- Using maps that are completely filled with the colors of the Palestinian flag (black, red, white, green) representing the territory of the State of Israel and the Palestinian Authority…
These actions are applicable when connected to an explicit call for violence against the State of Israel, particularly in demands for the annihilation of Israel or the establishment of a purely Palestinian state on today’s territory of Israel. This may be accepted, for example, when there is a clear connection to terrorist organizations like HAMAS or directly related to the terrorist attack carried out by HAMAS against Israel on October 7, 2023.
On the other hand, the German state has also conditioned the obstacles that these aforementioned actions pose for citizenship. If these violations are deemed to contradict ‘Germany’s historical responsibility towards Jewish life,’ they will be considered unconstitutional.
For a law to function equally for everyone, it must have clear and unambiguous details. However, it remains unclear how this ‘provision’ established on paper will operate in practice, how violations will be identified, and by whom. Therefore, it is not difficult to predict the complications that will arise during the application process of this interpretatively ambiguous law.
The German state tends to interpret every pro-Palestinian action or statement as a threat to the lives of Jews living in the country. Additionally, it is possible to say that the German judiciary is also somewhat confused about this issue. Continuing with Panorama’s report: the Mannheim Regional Court ruled in May that this slogan does not carry clear criminal liability. Conversely, the Düsseldorf Administrative Court assessed the slogan in its September ruling as a sign of the banned organizations Samidoun (Palestinian Prisoners Solidarity Network) and Hamas.
Whether these somewhat vague violations have occurred or not is linked to their ‘scope.’
That is, German officials will examine applicants who condemn Israel’s massacres or share content calling for “freedom for Palestine,” or those who like such posts, to determine whether these ‘violations’ relate to calls for violence against the Israeli state. If they decide that the candidate is not genuinely committed to the ‘liberal democratic order’ or exhibits an antisemitic stance, the citizenship application will be rejected.
This decision by the German state, above all, raises questions about the concept of ‘freedom of expression,’ frequently referenced in Western democracies. Many Western countries, particularly the United States, quickly act to protect Israeli interests under the guise of ‘antisemitism’ and ‘democratic values,’ while remaining silent in the face of Israel’s violations, including United Nations resolutions.
