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by hnbad 772 days ago
It's complicated.

Germany has pretty strict laws against "incitement of hatred". Additionally it's illegal to deface, damage or destroy a foreign flag. Also demonstrations and protests need to be registered in advance with proof of proper security and safety measures. Germany is also very biased in favor of Israel and has (like the US) adopted the stance that an attack on Israel is an attack on Judaism. This has led to Jewish anti-Israel protestors being arrested.

In theory it is possible to have a "spontaneous" protest without leaders but in practice this means the police will designate the loudest persons in the crowd as leaders and claim that they organized a protest without a permit and arrest them for that. Also the political bias favoring Israel means pro-Israel counter-protestors are likely to be tolerated more than anti-Israel protests.

And of course anti-genocide is conflated with anti-Israel and pro-Hamas, again like in the US. But yes, most political protests are illegal because they are not formally organized with the authorities (and even with organized protests you often have break-out protests deviating from the permitted route/location or overstaying). From personal experience I can tell you though that unless the police can pin anything on you (e.g. trespassing, resisting arrest, "attacking a police officer"[0]) this usually only ends up with the police roughing you up a bit maybe and then recording your identity before dropping you off somewhere else with a temporary restraining order.

[0]: This is worth mentioning because it explains the low police numbers for injured protestors in Lüzerath compared with the video evidence of police charging unarmed protestors: being injured by a police officer is considered evidence for attacking a police officer as unless there is evidence for the police officer doing anything wrong the assumption is that they followed the guidelines for escalating force, i.e. they must have had a good reason. It's also worth mentioning that in many places riot cops do not have any visible unique identification so reporting any claim of police brutality at a protest is usually fruitless as the alleged perp can not uniquely be identified and you need an individual person to accuse. Protest medics thus have stopped giving detailed statistics as merely keeping a tally would help the police in tracking down "suspects" by visiting the nearby hospitals (which they did e.g. after Lüzerath).

So tl;dr: depending on your demographic, your cause and which police you end up being surrounded by, it's relatively safe to take part in an illegal protest in Germany as long as they can't prove you did anything illegal and don't get hurt.

1 comments

Based of your tl;dr would you say they that the original assertion was true in practice, that they generally "can't publicly gather to protest Israel's actions either, not legally anyway."
You are allowed to protest against Israel, but you have to be extremely careful about how to phrase it, as a lot of things can get you arrested for anti-Semitism, even when it is arguably factual. So things like calling Israel an apartheid state, calling Israel fascist or warning of a genocide might land you in jail.
So basically you can protest legally as long as you don't protest against certain things the government protects. I'm gonna stand by my original assertion. It's like saying you can publish whatever you like in China as long as you don't mention Tianamen Square.
I'm not sure whether there have been any pro-Palestine or even simply "anti-war" protests that were properly registered, not disrupted and not dissolved by the police but I guess it depends on your definition of "legally".

I would say in practice it's very difficult to have any protest opposing Israel's actions in Gaza without a high risk of ending up in a place where the police decides to dissolve it. But I think in practice the two biggest reasons for that are a) the topic is likely to attract protestors who decide to express opinions that are illegal (or are deliberately interpreted that way) and b) most protests tend to be dissolved by the police eventually because even ones that follow all the rules usually spin off or feed into spontaneous protests that don't.