On 6 August, a court in Berlin sentenced a young woman called Ava Moayeri to a fine of €600 for shouting “From the River to the Sea, Palestine will be free.” One of Moayeri’s lawyers, Alexander Gorski, deplored this as “a rather dark day for freedom of expression in Germany.”

He’s right, even if his comment is an all too understated response to a scandalous miscarriage of justice. Indeed, it is hard to answer the question of what is wrong with this sentence, because, quite literally, everything is. Judge Birgit Balzer’s reasoning, for one thing, was embarrassingly shoddy, irresponsibly misinformed, and ethically and legally misguided, about which more below.

Beyond Balzer’s failure to do justice to the important issue she had to adjudicate, the case and sentence also represent a larger problem, in Germany and beyond: the West’s perverse pampering of Israel. One form taken by this pampering is to allow the Israeli regime to abuse the memory of the Holocaust, a genocide targeting Jews, to claim impunity for its own crimes against humanity, including genocide targeting Palestinians.

Balzer, too, explicitly invoked the Holocaust to justify her sentence. Yet Moayeri, the daughter of Communists from Iran, made clear that she has nothing to do with either glorifying violence or antisemitism. On the contrary, her concern is with showing solidarity to the Palestinian victims of Israeli violence and standing up for their rights. Balzer felt entitled to disregard this perfectly plausible position, attribute entirely unproven motives to Moayeri, and, on that fundamentally flawed basis, punish her. In effect, it is clear that Moayeri’s right to peaceful protest and a perfectly legitimate political position was suppressed to protect Israeli narratives from any challenge. And these narratives, in turn, are used to shield Israel from accountability for its crimes, and thus they also withhold help from Israel’s victims.

The facts of Moayeri’s case are not complicated. On 11 October 2023, she participated in a small protest outside a Berlin school, where she used the slogan “From the River to the Sea, Palestine will be free.” There was no violence – indeed, the demonstration explicitly criticized violence that had occurred at the school – and she was not charged with anything else. The prosecution argued that merely by shouting these words, Moayeri committed the crime of condoning another crime. By that, the prosecutor was referring to the Hamas attack on Israel on 7 October.

Yet, in reality, Palestinians have an incontestable right to armed........

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