On Friday 17 May 2019, the German Federal Parliament (the Bundestag) passed a motion
condemning the BDS movement by calling it an anti-Semitic movement. Thus, denouncing
the crimes of the Israeli occupation in Palestinian territories, the confiscation of the right of
the Palestinian people to self-determination is proclaimed as anti-Semitic, and the many
people mobilizing in this movement of solidarity are stigmatized as anti-Semites. This
decision criminalizes freedom and justice, constitutes a serious of violations of freedom of
expression. It goes beyond the functions of a parliament that does not uphold judicial
By adopting this decision, the German parliament defied the fundamentals of international
law, while the Israeli aggression of 1967 led to the occupation of Palestinian territories
under the British mandate.
All international bodies, starting with the Security Council and the United Nations General
Assembly, consistently recall that any measure taken by the Israeli authorities to change the
status quo of the Palestinian territories is null.
The Bundestag’s vote also ignores the fact that the establishment of settlements is a flagrant
violation of international humanitarian law, as defined by the 1907 Hague Convention and
the Fourth Geneva Convention on the Protection of Civilian Persons in time of war. Article
49 of the Convention prohibits the occupying power from transferring its citizens to
occupied territory, and the Hague Regulations prohibit any change in the structure of the
population in the occupied area.
While military occupation is lawful when it is temporary and is intended to manage the
territories immediately after a war and to allow the reestablishment of legitimate power, it
becomes criminal when military occupation aims at conquering and annexing territories.
This is what Israel is doing by imposing its military and legal system; they are driving out
Palestinians and settling on Palestinian territories in clear violation of Article 2, paragraph
4, of the United Nations Charter.
The fundamental policy of Israel is to claim all territories using force, which all the States
must reject as it is the primary cause of conflict. Furthermore, there are severe restrictions
imposed on Palestinians, war crimes perpetrated against them and the violations of their
rights to health, education, family life, work, worship and freedom of movement.
This denial of Palestinian sovereignty inevitably leads Israel to establish a discriminatory
regime, the “Jewish nation state” law adopted by the Israeli Knesset on July 18, 2018 is a
perfect example of this. The German Parliament cannot ignore the fact that Israel
Press Release concerning Bundestagadministers the Palestinian territories by distinguishing the colonists, openly domineering,
and the Palestinians, who are being challenged in the exercise of their ancestral rights.
Palestinians are subjected to a system of military administration that deprives them of legal
protection and the right to participate in the formulation of policies concerning the
territories in which they live. Gradually, Israel imposes itself as an apartheid regime, and
claims it because it imposes the solution on a state.
In light of the abovementioned, all those who, alongside Palestinian rights, are fighting for
the restoration of the law, denounce the scope of this vote:
• The German legislative authority, through its vote, authorizes the occupying power
to pursue its crimes against the Palestinians, since any criticism of the occupying
power will be incriminated as anti-Semitism,
• This decision legitimizes Israel’s occupation of the Palestinian territories and the
crimes it commits against the Palestinians in flagrant violation of the rules of
international law and international humanitarian law.
• Germany assumes neither its international responsibility to work for the stability of
international peace, nor its moral responsibility to help the Palestinian people, who
have been under Israeli occupation for decades, to liberate themselves and regain
• This decision, which reinforces the occupation and apartheid, goes against the
principles of democracy.
• This decision encourages the occupying state to ignore its duty to respect the rules of
international law, and will only reinforce impunity, which is the driving force of
• This decision is contrary to the freedom of expression guaranteed by German law
and by the provisions of the Charter of Fundamental Rights of the European Union,
which in its Article 11, paragraph 1 of the Charter states: “Everyone has the right to
freedom of expression, including freedom of opinion and the right to receive or
Finally, One Justice :
1. Calls upon German Bundestag legislators to reconsider for it clearly contradicts with
Germany’s commitments locally, in Europe and internationally.
2. Calls upon Germany to stop militarily dealing with the Occupying power until it
upholds international law.
3. Calls upon the UNGA to reiterate Palestinian rights to seek their freedom by all
4. Calls upon human rights groups and law unions to reject the content of this