On Oct. 14, a surge of tens of thousands of supporters gathered across the U.K. and Europe in solidarity with Gaza. The conflict between Hamas militants and Israel has resulted in over 1 million Palestinians fleeing their homes since a surprise attack by Hamas on Oct. 7, followed by Israel’s declaration of a siege in retaliation.
London witnessed thousands of pro-Palestinian demonstrators near Oxford Circus, waving Palestinian flags and voicing their demands to end the Israeli airstrikes and blockade in the Gaza Strip. The London Metropolitan Police had warned about potential arrests for individuals supporting Hamas or any proscribed terrorist organizations, resulting in 15 arrests.
However, despite the risk of apprehensions, the Palestine Solidarity Campaign, a key organizer of the previous march, is determined to proceed with another march on Saturday, Oct. 21. They have stated on the social media platform X (formerly known as Twitter) that no attempts by the government or police to undermine the protests will deter them from seeking an end to the violence in Palestine.
These events exemplify the growing tension throughout Europe during the Israel-Hamas War, with governments increasingly scrutinizing demonstrations and imposing restrictions on those who express support for Palestine.
Anas Mustapha, from the U.K.-based advocacy organization CAGE, describes the situation as an “unprecedented crackdown on Palestinian activism across the continent,” emphasizing the gradual criminalization of support for Palestine.
Human rights groups are greatly concerned about the limitations placed on expressions of support for Palestinians in the Western world. They argue that instead of resorting to blanket bans, governments have an international obligation to protect freedom of expression and assembly.
Amnesty International’s Deputy Director for Research in Europe, Esther Major, calls on European authorities to safeguard and facilitate everyone’s right to express themselves and engage in peaceful assembly. Major acknowledges the compelling motivations driving many European citizens to protest for Palestinian rights and emphasizes the importance of protecting their fundamental rights.
Which countries have banned protests in support of Palestinian rights?
Monuments and government buildings across Europe lit up in blue and white last week to show solidarity with Israel. Pro-Palestinian demonstrations drew tens of thousands of participants in cities such as Paris, Berlin, Rome, and Madrid, all protesting against Israel’s retaliatory bombings in Gaza. In Glasgow, large crowds, including First Minister Humza Yousaf’s parents, expressed solidarity with Palestinians.
However, France and Germany experienced particularly heated tensions, given their status as home to the largest Jewish and Muslim communities in the European Union. In Berlin, where around 30,000 Palestinians reside, the police escalated security measures and cracked down on pro-Palestinian groups. Many Palestinians expressed fear of being labeled as pro-Hamas merely for speaking out against Israel. Germany, with its constitutional protection of the right to assemble and protest, faced an additional challenge due to the haunting historical context of the Holocaust.
France resorted to a nationwide ban on protests in support of Palestine, with Interior Minister Gérald Darmanin citing the potential for public order disturbances. Since Oct. 7, France has banned nine protests and issued 752 fines and made 43 arrests, according to Reuters. In Paris, security threats even necessitated the evacuation of sites like the Louvre Museum and several airports. The French Constitution does not explicitly protect the right to peaceful assembly, requiring notification to local authorities at least 48 hours prior to organized protests.
In Germany, Chancellor Olaf Scholz emphasized their historical responsibility for the Holocaust and the obligation to support Israel’s security. Alongside protest bans, Berlin’s education authorities even contemplated prohibiting students from wearing Palestinian Keffiyeh scarves and “free Palestine” stickers. Following the initial ban, Berlin police have approved two requests for pro-Palestine protests, both planned as silent vigils.
In the U.K., criticism has arisen regarding a law introduced in April 2022 by the Conservative government that many civil liberties groups deem too restrictive on protests, infringing on freedom of expression. Home Secretary Suella Braverman recently mentioned that waving a Palestinian flag or using certain slogans in support of Palestine may be considered criminal offenses.
Other countries, including Hungary and Austria, have also prohibited pro-Palestine protests since Oct. 7.
Are these protest bans legal?
While authorities can impose restrictions on free speech and the freedom to organize, such limitations should only be implemented if they are “prescribed by law, necessary for a legitimate purpose, and proportionate,” according to Benjamin Ward, deputy director of Human Rights Watch’s Europe and Central Asia division.
The U.K., France, and Germany, as signatories to the European Convention of Human Rights, which affects most European countries, and other U.N. treaties like the International Covenant on Civil and Political Rights, are obligated to protect freedom of speech and the right to protest.
The European Legal Support Center (ELC), an independent organization in the U.K. and Europe, highlights a recent successful court ruling in the Netherlands. The court determined that the Palestinian rights chant, “from the river to the sea, Palestine will be free,” is not hateful or punishable by law. The Dutch public prosecutor argued that the expression pertains to the state of Israel and possibly individuals with Israeli citizenship, rather than targeting Jews based on race or religion.
Despite these bans, around 200,000 individuals are expected to march in London this Saturday, expressing their support for Gaza and advocating for a cease-fire, the end of violence, the lifting of Israel’s siege, and immediate humanitarian aid for the people of Gaza.
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