On the afternoon of October 7, 2023, as the devastating events began to unfold, hundreds flocked to Sonnenallee, the main street of Berlin's Neukölln immigrant neighborhood, to celebrate. Others gathered in Hermann Square with trays of baklava, distributing them joyfully to passersby.
In the days that followed, the celebrations morphed into violent outbursts filled with antisemitism and hatred toward Israel. Riots erupted between protesters and police; two Molotov cocktails were thrown at a city synagogue, Jewish homes were marked with the Star of David, and Jews were attacked on the streets. Germans, already in shock and heartbroken by the largest massacre of Jews since the Holocaust, watched in horror as the protests spread across the city.
On October 10, an incident occurred at a high school near Sonnenallee. A Muslim student wearing a keffiyeh waved a Palestinian flag in solidarity. A teacher asked him to stop. The student and some friends attacked the teacher, who fought back. The next day, dozens of Muslims organized a protest outside the school against the teacher's violence. The protest lacked official approval, and participants waved Palestinian flags, chanted anti-Israel slogans, and expressed pro-Palestinian sentiments. Police were called to the scene. One participant, 22-year-old Iranian-German Eva Moayeri, shouted, "From the river to the sea, Palestine will be free," a chant that unequivocally denies Israel's right to exist and calls for its elimination.
This week, Moayeri stood trial in Berlin on charges of incitement, hatred and supporting crime, offenses that could have led to up to three years in prison. In court, Moayeri explained that her family fled Iran due to political persecution, which significantly influenced her activism, especially regarding refugees and feminism. She claimed her chant was not support for Hamas but a call for equality, justice and opposition to the oppression of Palestinians. She also stated she rejects all forms of antisemitism.
After reading her statement from a sheet of paper, Moayeri was asked if she retracted her words. She stood by the slogan. Her lawyer argued that the October 7 massacre did not occur in central Israel but on "disputed lands." (In fact, it took place in southern Israeli communities recognized by the international community as part of the state of Israel).
Judge Birgit Belzer was unimpressed. She convicted Moayeri and fined her 600 euros (the prosecution had demanded a 900 euro fine and stated, like the defense attorneys, that they would appeal the lenient sentence). Belzer reiterated that one of Germany's core purposes (raison d’etre) is to protect its Jewish citizens and the citizens of Israel, especially given the surge in antisemitism since October 7. "This slogan can only be understood as a denial of Israel's right to exist and an expression of support for the massacre," Judge Belzer concluded.
However, Belzer was aware of the case's complexity. This was the first time such a case had gone to trial in Germany, and while most Germans are repulsed by the clear intent behind the slogan, many are equally repelled by any attempt to censor free speech. A month after the massacre, the Interior Ministry outlawed Hamas and banned any activity or affiliation with the organization, including the slogan "From the river to the sea, Palestine will be free," as it is a symbol of Hamas. German courts have refused to cooperate with this aspect of the Interior Ministry's decision.
In March, the court in the state of Hesse allowed protesters in Frankfurt to use the slogan. "The criminal liability of the slogan is questionable," the ruling stated. "It is clear that this is Israeli territory, but the slogan does not clarify how this goal will be achieved: through an international agreement, a two-state solution, a single state with equal rights, or armed struggle." At the end of June, judges in Munich ruled that the slogan could be used in protests because it depends on context, and each case must be examined individually, and there is no certainty that the chants are related to Hamas or any other outlawed organization. In April and June, the court in Baden-Württemberg twice ruled against the use of the slogan because "it is associated with Hamas and clearly calls for violence against Israel." The court in Bremen made a similar ruling in April. However, all these cases were administrative court cases against the legality of the slogan. This week's case was a criminal case against a citizen who used it.
Belzer navigated through the complexities. She opposed the late May ruling in Mannheim, which stated that "the slogan is ambiguous." According to Berlin laws, the slogan is prohibited. But it must also be considered that Moayeri's statement occurred immediately after the massacre and before any discussion or legislation on the matter. Belzer ruled that "the expression of opinion falls under the umbrella of free speech in Germany," but then added the context and timing element. "But when it happens in the aftermath of the largest massacre of Jews since the Holocaust, then it's the elephant in the room," the judge argued.
Protesting in Berlin
(Video: Reuters)
Germany, as it almost always does, decided to leave things hanging. The difference between the call "From the river to the sea, Palestine will be free" and the prohibited call "Death to the Jews" (which was also ignored by the police for years during Al-Aqsa protests in the city) is semantic. According to the judge's words, the slogan is allowed; it's just a matter of context. This ambiguity and the weakened verdict were exploited by 150 pro-Palestinian protesters who came to support Moayeri.
Twenty of them were in the courtroom to support her and continuously interrupted the prosecutor's remarks. When Moayeri left the courtroom, they applauded her and shouted words of encouragement, then began chanting loudly, "From the river to the sea, Palestine will be free." This happened right under the judge's office and in front of three police vans full of officers. No one moved. In Berlin, almost a year after the massacre, calling for the elimination of Jews costs six hundred euros, a not-so-heavy price considering that Germans regard the lives of Jews as one of their core reasons for existence.