Introduction
Since October 7th, 2023, Palestinian civilians residing in the Gaza Strip have continued to endure an escalating humanitarian crisis caused by Israel’s military actions. While Israel claims that it is targeting Hamas, in return, it has created unbearable living conditions for Palestinians, widespread destruction of infrastructure, loss of life, and displacement (Amnesty International, 2024b). More recently, Israel has cut all humanitarian aid from entering Gaza, and there is vast documentation of attacks on civilians, medics, humanitarian workers, journalists, and many other essential professionals (Mc Kernan, 2025).
In response, civilians around the world have mobilised to criticise Israel’s actions through various initiatives, like mass protests, student encampments, advocacy efforts and academic initiatives (Amnesty International, 2024a). While many EU countries have adopted strict measures to suppress public dissent on the issue, Germany’s approach is particularly noteworthy due to its historical context and Holocaust legacy (Human Rights Watch, 2024b). To compensate for its past wrongdoings, Germany has dedicated its domestic policies to suppressing all dissent against Israel, labelling it as vital to the protection of Jewish communities in Germany (Human Rights Watch, 2024a).
Amnesty International (2023) has reported that stifling dissent and denying collective grief create fear among citizens, hindering democratic values. Throughout many Western governments, measures are taken to limit Israel’s criticism of its military operation in the occupied Gaza Strip. The issue of suppressing pro-Palestinian voices remains a long-standing issue in Germany, but it has increasingly worsened since the October 7th events (Jegic, 2019). This article will examine Germany’s legal obligation to protect the right to expression, assess human rights violations of weaponising deportation and citizenship revocation, and suppress student movements, and compare it to approaches taken by the governments of the Netherlands and the UK.
The Right to Expression and Assembly in Germany
Like any democratic legal system, the German legal framework grants the right to expression and assembly. Article 5 of the Grundgesetz (Basic Law) grants freedom of expression, allowing individuals to freely express themselves. The freedom to assemble peacefully and unarmed is also protected under Article 8 of the Grundgesetz. These provisions remain especially necessary to ensure Germany does not repeat its history of authoritarian repression. Besides remaining vital to post-war efforts in Germany, these rights are of critical importance to a democratic society.
These rights are not absolute and are restricted in cases of hate speech or actions affecting an individual’s dignity (Moldovan, 2015). The Federal Constitutional Court of Germany, in the case BvR 605/04, addressed the limitations of free speech in cases where individuals support the Kurdistan Workers’ Party (PKK), a designated terrorist organisation by Germany. The Court found that there needs to be a distinction between legitimate political expression and advocating for banned terrorist groups. Contrary to this case, Palestinian solidarity efforts in Germany have involved mere criticism of Israel and not support of Hamas, designated as a terrorist group by Germany (Towfigh Nia, 2023).
Germany has also weaponised anti-terrorism and nationality laws to suppress dissent against Israel in the country, which unfortunately directly undermines the right to expression and assembly. There is a consensus among European governments that restrictions imposed on pro-Palestinian voices are done to ensure ‘‘public order’’, and they have connected supporting Palestinians’ human rights to support of terrorism (Amnesty International 2023a). Even a regional body like the European Commission suspended and restricted funding to Palestinian civil society organisations, claiming that these organisations have links to terrorism, which was not just factually incorrect but also further reinforced stereotypes that Arabs and Muslims are potential terrorists and prone to violence (Amnesty International 2023b). Human Rights Watch (2023) further contends that the right to expression and assembly should only be restricted when it is absolutely necessary and proportional. Criminalising and censoring pro-Palestinian voices constitutes a disproportionate response and has raised concerns among journalists and human rights organisations:
Democracy is not possible without freedom of expression and the press
Katja Gloger, journalist and board member of Reporters without Borders (Gloger, 2024)
The right to protest and criticise the government is crucial to a democracy and to hold governments accountable, especially on foreign policy (Human Rights Watch 2023).
Deportation as a Tool to Suppress Dissent
One of the many coercive tactics that Germany has employed to silence Palestinian voices is the threat of deporting foreign activists who have publicly criticised Israel over the humanitarian crisis in Gaza (Ahmed, 2025). Germany has misused the Aufenthaltsgesetz (Residence Act) to revoke the residency of foreign nationals with the aim of stifling Palestinian solidarity. Article 53 of the Residence Act states that expulsion of a resident from Germany is permitted if they threaten ‘public safety or order’. However, this provision is discriminatorily applied, disproportionately targeting people with immigrant and refugee backgrounds (Salfiti, 2025).
Even though the German legal framework might contain broad definitions that enable the weaponisation of laws to limit freedom of expression and assembly, Germany remains bound by international legal frameworks. Under the European Convention on Human Rights (ECHR) and International Covenant on Civil and Political Rights (ICCPR), Germany is obligated to protect the right to expression and assembly for all individuals.
A recent example illustrating the extent to which Germany is willing to go to suppress pro-Palestinian voices is evident in the case of four activists currently facing deportation in Berlin. These protesters, nationals of the United States, Ireland, and Poland, were reported to have been involved in peaceful pro-Palestinian demonstrations (Salfiti, 2025). Deportation orders against them despite their Western citizenship clearly demonstrate the extent to which Germany is seeking to criminalise dissent against Israel.
Citizenship Revocation and Other Tactics for Political Suppression
Alongside weaponising deportation, citizenship revocation is another tactic employed by Germany to suppress support for Palestine within the country (Kassam, 2025). Article 16 (1) of the Grundgesetz stipulates that a German citizen cannot be deprived of their nationality, especially if deprivation renders them stateless.. In 2019, the Nationality Act was amended to allow revocation of citizenship for dual nationals if they are to join terrorist organisations abroad (Federal Foreign Office, 2024).
Additionally, in 2024, Germany amended the Nationality Act to ensure that individuals acquiring new citizenship must recognise Israel as a state (Jones, 2024). This measure appears to be a broader step taken to suppress the Palestinian Solidarity movement. More recently, Citizenship revocation and other legal measures have contributed to the crackdown on the Palestinian solidarity movement (Hofmann, 2025).
In November 2024, German lawmakers passed a resolution criminalising dissent against Israel, which is most likely to be declared unconstitutional by the Research Service of the Bundestag and German courts, as was the case with the 2019 anti-BDS resolution (Whittle, 2024). Even if the resolution might not be legally binding yet, the police and Immigration authorities still rely on the 2019 resolution (Whittle, 2024). Despite German history, it still seems like a disproportionate and excessive measure to suppress present-day dissent through unconstitutional practices.
These measures disproportionately target individuals with immigrant backgrounds, which stifles not just their assimilation but also their political participation. They also hinder political discourse on foreign policy issues, especially regarding Israel. Criticism of foreign governments is salient in a democratic society. Many scholars, as well as Jewish officials, have expressed concerns with equating criticism against Israel with antisemitism (Whittle, 2024). These extreme measures also undermine political activism, as civilians fear facing consequences of speaking out, including losing their jobs, educational opportunities, and, in the worst cases, becoming stateless.
Resolutions like this allow the authorities to use extreme force against the protestors, affecting their right to dignity. Many human rights organisations, including Amnesty International, have expressed concerns over the German state’s use of violence against peaceful protesters (Middle East Monitor, 2024a). These measures contradict both domestic and international law, contributing to state repression. Meanwhile, as the humanitarian crisis continues to worsen, Germany cannot continue to employ the same tactics to avoid its responsibility for supporting Israel’s actions in Gaza.
Student Movements in Germany
Students have been key actors in the struggle for justice, from student protests opposing apartheid in South Africa to demanding an end to the Vietnam and Iraq Wars (Amnesty International Australia, n.d.). Currently, pro-Palestinian student activism has been facing intense repression globally. Over 60 countries have witnessed student demonstrations, demanding their governments and universities cut off all ties with Israel (United Nations, 2024). Germany has also seen a significant breakdown in student movements since the Gaza crisis started, alongside protests and demonstrations on campuses, students set up encampments, and other forms of peaceful assembly actions were taken by students. Universities invited police forces on campuses to disperse the student activists (Revolutionary Socialism, 2024).
Although the German security forces claim they are combating antisemitism to protect Jewish students, they have violently attacked Jewish students who participate in these protests (Flakin, 2024). Since Israel’s assault on Gaza worsened, pro-Palestinian sentiments among the students are on the rise in Germany (Jamal, 2023). While academics have come out in support of students practising their right to free expression on German university campuses, some of them were investigated by Germany’s Federal Ministry of Education and Research (Middle East Monitor, 2024b).
The question arises: what is the difference between students facing repression in undemocratic settings and those facing clampdowns in Germany? Many Western institutions pride themselves on upholding academic freedom, but they are failing to protect students and staff who oppose Israel’s actions in Gaza (Uddin & Misbach, 2024). If history has been any lesson, it is clear that students will hold their governments responsible for human rights violations overseas. Therefore, Germany, as well as other European nations, must ensure they uphold civil liberties and do not infringe students’ right to free expression and peaceful assembly.
Comparison to the Netherlands and the United Kingdom
While the Netherlands and the UK might not have enforced strict measures like Germany to suppress dissent, their response to Palestinian Solidarity initiatives still raised serious concerns over the exercise of the right to free expression and peaceful assembly.
In the UK, massive marches since the start of the Gaza conflict took place, more than 100,000 people demonstrated against the UK’s support for Israel’s actions and demanded a ceasefire in the Gaza Strip (Al-Jazeera 2023). Although these Palestinian Solidarity demonstrations were not banned, they were denounced as hate marches by then Home Secretary Suella Braverman (Finnis, 2023). Ex-Prime Minister Rishi Sunak tried to demonise these marches and create false narratives, claiming the marches are violent and ‘mob rule’ (Amnesty International UK, 2024). These remarks not only misrepresented the protestors but also fuelled anti-Islam and anti-minority beliefs, contributing to riots in 2024 and immense fear among ethnic minorities in the UK (Safdar, 2024).
In addition to the public demonstration, UK universities saw student encampments, calling for the cutting of all ties with Israel (Bains, 2024). These encampments were only dismantled once the university threatened legal action against the students participating (Adams & Abdul, 2024). Despite the legal threats, UK universities allowing the encampments to take place already show a more tolerant approach than Germany, where camps were met with violent measures.
In the Netherlands, Dutch universities saw student encampments, walkouts, silent sit-in protests, etc. (Al-Jazeera, 2024). In one of the protests, students and staff members from the University of Amsterdam faced riot police and were forcefully dispersed, causing immense violence (Euro-Med Monitor, 2024). Additionally, NGOs and pro-Palestinian groups have also taken the Netherlands to Court for its involvement in arms exports to Israel (Van den Berg, 2024). More recently, protestors from non-governmental organisations demonstrated against the deportation of activists from Germany in front of the German Consulate General (Aksunger & Bir, 2025).
Though both the UK and the Netherlands resorted to force and legal measures against protestors and students, neither country resorted to deportation or citizenship revocation threats, unlike Germany. However, it does not minimise the impact their actions had on the right to free expression and peaceful assembly. Despite claiming to uphold democracy, both countries have actively suppressed pro-Palestinian activism, proving suppression is still present regardless of stricter measures, as seen in Germany.
Conclusion
Germany has been utilising the protection of Jews as a justification for restricting pro-Palestinian protests. Protecting the Jewish community is crucial, but such suppression overlooks the perspective of the Jewish community in Germany, which has also demonstrated against Israel’s actions as well. Protests are a vital means for civilians to express dissent, demand accountability, and advance human rights and justice.
The suppression of pro-Palestinian protests not only undermines fundamental democratic liberties, like the right to free expression and peaceful assembly, but it also raises serious concerns about the political dynamics of the country. Germany can restrict individual liberties if there is a threat to national security, but these protests do not advocate for any terrorist groups, in which case Germany would be obligated to restrict these marches. Unfortunately, since the humanitarian crisis is becoming much worse day by day, it is the responsibility of world citizens to show solidarity. By silencing these voices, Germany conveys that it does not care about political pluralism or democratic values. Other European democracies, like the UK and the Netherlands, must ensure pro-Palestinian voices are not marginalised and should find a balance between national security interests and protection of human rights.
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