• herseycokguzelolacak@lemmy.ml
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    1 day ago

    Israel should have been formed on German land, not Palestinian land. Rhineland should have been given to the Jews after WW2.

  • yetAnotherUser@discuss.tchncs.de
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    1 day ago

    This is false.

    The Kammergericht Berlin (uppermost criminal court for Berlin) has ruled the reasoning of the lower instance why this phrase is not an illegal slogan was not sufficient and there were mistakes in the judgement. It has reopened the case and given it back to the same instance to re-evaluate.

    There seem to be two main points:

    1. The fact that a slogan is older than the terrorist organization does not preclude its classification as a distinguishing mark if the organization has adopted the already common phrase in such a way that it at least also appears as its distinguishing mark.
    1. In principle, the grounds for the judgment must indicate the field of expertise of the expert consulted. If the academic training and even the area of activity in which the expert usually works remain unclear, this constitutes a factual and legal error in the judgment.

    There are a couple more minor points from the full reasoning. For example, apparently the court argued even if the phrase were illegal, since the defendant claimed to be an opponent of Hamas they used the parole to display this opposition (analogous to reclaiming slurs) - but the court didn’t require the defendant to demonstrate/elaborate on this opposition.

    Here’s the full decision, in German

    https://gesetze.berlin.de/bsbe/document/NJRE001632041

    The court has very much NOT ruled about the (il)legality of the phrase. Only that the lower court’s reasoning was shit.

    • geneva_convenience@lemmy.mlOPM
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      17 hours ago

      Lower courts reasoning sounds extremely solid to me. The upper court is inserting Zionist nonsense as rulings for the lower courts.

      the grounds for the judgment must indicate the field of expertise of the expert consulted

      So what they mean is that they need to ask Zionist “antisemitism experts” about it which will then say everything is Khamass.

      • yetAnotherUser@discuss.tchncs.de
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        22 hours ago

        Try not to derail please.

        My comment only clarifies the Xcreet stating a German court has deemed the phrase “From the river to the sea” illegal was false. If you have anything to say about this decision from a legal POV feel free to comment, as I am not a lawyer and cannot properly evaluate this decision.

        But whether or not the decision to classify Hamas as a terrorist organization is justified is not something I argued about.

    • demeritum@lemmygrad.ml
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      1 day ago

      Ironically the germans that would say that in earnest are the biggest drivers of anti-hamas derangement syndrome.

  • eldavi@lemmy.ml
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    1 day ago

    and these guys are the primary driving force behind europe’s next army.

  • vapeloki@lemmy.world
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    1 day ago

    What happened: an upper court rejected an appeal, stating that the lower court followed a recommendation by the ministry issued 2023.

    This recommendation is heavily criticized and the highest court will have to decide this eventually.

    In general, it does not matter if the slogan originated from Hamas or not, just that they made it their own. The swastika after all also didn’t originated from the Nazis. At least this is the argument given by courts and the government.

    In case someone wants context

    • herseycokguzelolacak@lemmy.ml
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      1 day ago

      100 years after the Holocaust, Germany is once again on the side of genocidal fanatics.

      Germany’s unwavering support of Israel shows that Germans have learned nothing from the horrors of the Nazi evils. Nie wieder should mean never again, but it somehow doesn’t.

      • demeritum@lemmygrad.ml
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        1 day ago

        never again, but it somehow doesn’t.

        Because the narrative of the “grand realization” alignment towards liberal humanism, a great enlightenment in which the west after its darkest hour - saw the depravity of fascism and promised to do better. Was just that, a narrative. A modern fable.

        The nakba happened in 1948, The UK put Kenyans into concentration camps in 1952, the US killed 25% of all North Koreans in the 1950s, France did horrific violence with the aid of former SS soliders in Vietnam and later Algeria 1950-1960s. The genocidal fanatics never went away, they became the arbiters of international law and democracy of today.

        It has always been never again…for us. The remembrance culture was created by Zionists and the west to enable what it does do now. And almost all flavors of the left took it as earnest and now dismay why the farce is collapsing.

    • geneva_convenience@lemmy.mlOPM
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      1 day ago

      In general, it does not matter if the slogan originated from Hamas or not, just that they made it their own. The swastika after all also didn’t originated from the Nazis

      You’re allowed to explain what you mean but you’re extremely close to being banned

          • owsei@programming.dev
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            1 day ago

            They are talking about appropriation of symbols. That’s the example they used, but it’s in no way an ethical comparison

      • vapeloki@lemmy.world
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        1 day ago

        I am? There is a sentence following. I am paraphrasing the argument of the courts. I never expressed my own opinion here.

        Their reasoning is: If a terror organization makes some symbol their own it has to be banned for everyone, everywhere.

        I never said that I am fine with any of that.

        • geneva_convenience@lemmy.mlOPM
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          1 day ago

          Alright that’s cool as long as your example pertains to the government and nothing in it was your own opinion.

          Factually Hamas did not make the slogan their own and it’s used by all Palestinians which is why the German government ruling makes no sense.

          • vapeloki@lemmy.world
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            1 day ago

            I am with you on that. I think my point is: don’t blame the courts, don’t blame the law.

            Blame the German government for this stupid “recommendation” and their pro Israel stance because they don’t understand the difference between Jews and Zionist.

            But THAT is only my opinion