德国议会拟将否定以色列“生存权”定为刑事犯罪
German Parliament Moves To Criminalize Denying Israel's "Right To Exist"

原始链接: https://www.zerohedge.com/geopolitical/german-parliament-moves-criminalize-denying-israels-right-exist

德国议会上院(联邦参议院)已批准了一项具争议性的法案,旨在将否定以色列“生存权”或呼吁废除该国的行为定为刑事犯罪。若该法案在下院通过,将扩大德国现行《刑法》第130条的适用范围——该条款目前用于起诉大屠杀否定论——使其涵盖上述政治立场,违者最高可被判处五年监禁。 该提案在言论自由的界限问题上引发了激烈辩论。包括国际特赦组织及部分德国法律专家在内的批评者认为,将国家的“生存权”写入法律,等同于设立了国家认可的教条,违反了德国宪法对言论自由的保障。反对者主张,此类言论虽具争议性,但仍属于主观价值判断,而非犯罪行为。 随着德国可能成为首个实施此类限制的欧洲国家,这场辩论凸显了日益扩大的国际分歧。虽然该措施被定性为对犹太生活的保护,但异见人士警告称,此举通过将特定的政治观点定罪,开创了一个危险的先例,并使围绕巴以冲突日益两极化的全球舆论环境变得更加复杂。

相关文章

原文

Various European initiatives and policies which criminalize "holocaust denial" have for years dominated headlines and driven immense controversy over freedom of speech and public debate.

But Germany is now taking it a big step further, with the Bundesrat, Germany's upper house of parliament, having just approved a bill that would criminalize publicly denying Israel's "right to exist" or calling for its abolition.

via Reuters

If passed into law, a conviction would bring up to five years in prison, according to the proposed legal change. The legislation will now move to the lower house.

If ultimately approved, it would make Germany the first country in Europe to punish speech denying Israel's "right to exist".

Critics of such efforts to crack down on pro-Palestinian activism and protests have pointed out that the question of any nation's "right" to "exist" is a highly philosophical and theoretical one, which makes it strange that any government would codify the statement into law, elevating it to a kind of of dogma.

The legal proposal would greatly expand Germany's existing Section 130 of the criminal code - which is what authorities currently use to prosecute Holocaust denial.

However, dissenters within the German government have warned the proposed expansion would be a violation of the German constitution, as it would establish a "special right against a specific opinion" in breach of Article 5. Here's what the constitution's "freedom of expression" clause says:

Every person shall have the right freely to express and disseminate his opinions in speech, writing and pictures and to inform himself without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship.

The Bundestag's research service has warned in a report on violation of individual rights: "Both the rejection of the right of the State of Israel to exist and the call for the elimination of the state are likely to constitute subjective value judgments."

Recently Tucker Carlson unpacked the difficulty inherent in the whole notion of a country having a "right to exist" in a testy exchange with a reporter. Carlson has also frequently pointed out that the phrase is a bizarre and uncommon formulation, given that not even Americans in all of history have spoken in terms of a nation-state or government 'existing' as a 'right'...

More recently, Amnesty International has publicly come out in opposition to the German measure, stating, "The protection of Jewish life is of particular importance – but this initiative massively endangers freedom of expression."

In the United States, the Israel-Gaza conflict has increasingly split the Democratic Party, amid growing midterm related turmoil. But there's been an increasing debate raging on the Right as well, as younger generations of conservatives show much more willingness to criticize Israel and push against taxpayer funding for the Israeli government and military to the tune of billions.

联系我们 contact @ memedata.com