German court says it’s legal to question ‘Israel’s’ existence

• The Higher Administrative Court in Münster, Germany ruled that denying ‘Israel's’ right to exist is not inherently criminal and is protected by freedom of expression, overturning a police ban on a pro-Palestinian protest.
• The court deemed a blanket ban on the protest unlawful but upheld the potential prohibition of the slogan "Yalla, yalla, Intifada," citing risks of inciting violence.

In a decision that challenges Germany's stringent restrictions on pro-Palestinian activism, the Higher Administrative Court in Münster ruled on Monday that denying ‘Israel's’ right to exist is not inherently criminal and falls under protected freedom of expression.

The ruling overturned a Düsseldorf police ban on a planned pro-Palestinian demonstration, allowing protesters to voice critical views on ‘Israel's’ founding.

The case stemmed from a protest organized for last Saturday in Düsseldorf, which police had prohibited based on concerns that participants would use slogans rejecting ‘Israel's’ existence.

The court, in an expedited proceeding, deemed the blanket ban unlawful, stating that "a critical examination of the founding of the state of Israel and the demand for a peaceful change of existing conditions are fundamentally protected by freedom of expression."

Denying ‘Israel's’ right to exist "does not in itself constitute a criminal offense," the judges added, saying that such expressions must be evaluated in context rather than preemptively censored.

The court specifically addressed three contentious slogans flagged by police.

It lifted the ban on “There is only one state—Palestine 48," finding no direct link to the ideology of Hamas, which is outlawed in Germany.

However, it upheld the potential prohibition of "Yalla, yalla, Intifada,” citing risks of inciting violence.

For the widely debated phrase "From the river to the sea," the court declined to make a final ruling in the emergency session, noting ambiguity in whether it symbolizes support for Hamas.

This verdict comes amid heightened scrutiny of Germany's approach to pro-Palestinian protests since the October 2023.

Authorities have banned hundreds of events, citing fears of antisemitism and public disorder, a policy rooted in Germany's historical responsibility for the Holocaust and its commitment to ‘Israel's’ security as a "reason of state."

Critics, including human rights groups like Amnesty International, have accused officials of disproportionately suppressing Palestinian solidarity, arguing that such measures undermine free speech and equal treatment under the law.