Comparing Israel to Nazi regime is not a criminal offense, German court rules

A German court ruled that comparing Israel to the Nazi regime is not a criminal offense, the legal website beck online reported.

In the case, in several Instagram posts, a user had compared the actions of the state of Israel to the methods of the Nazi regime—and in doing so used the Nazi swastika and the Nazi party flag.

Citing her right to freedom of speech, a higher regional court in the southwestern city of Zweibruckem has acquitted her of any wrongdoing, according to the report published earlier this week.

According to the court, the criminal offense of using symbols of unconstitutional organizations is not fulfilled if someone uses the symbols to sharp criticize the state of Israel’s methods and thereby clearly distances herself from or condemns Nazi-era injustices.

The user in question posted a table in her story comparing the actions of the Nazis with Israel’s actions in the Middle East conflict. Above it was a split image showing the flag of Israel on one side and the flag of the Nazi party—with a partially visible swastika—on the other.

Another post showed a wall with a Star of David, in the center of which was a Nazi swastika. Soldiers were firing from the wall into the walled-off area, with blood flowing out from beneath the walls. The user also included the hashtags #freepalestine and #gazaunderattack.

A lower court in the city of Ludwigshafen had sentenced the woman to a fine of €2,400 ($2,768) for using symbols of unconstitutional organizations. On appeal, the Zweibrucken court overturned the decision. It cautioned against interpreting the criminal offense too broadly in light of freedom of expression.