Amid the dramatic rise in levels of anti-Semitism and anti-Zionism and violent demonstrations on campuses across Europe, encountering a lack of action by European governments or even a tacit encouragement in cases like Belgium and Spain, the European Jewish Association (EJA) established a Forum of senior lawyers and Jewish jurists from across the continent to develop legal tools to enhance enforcement against manifestations of anti-Semitism.
The lawyers surveyed the legal tools – laws and enforcement mechanisms existing in each country – and discussed current challenges, such as the lack of knowledge among plaintiffs and police, legal loopholes, the sluggishness of the judicial system, and also addressed the distorted reception of the International Criminal Court in the case of the aggression between Hamas leaders who instigated the terrible massacre of October 7 and the Prime Minister and Defense Minister of the attacked state.
The forum decided on a series of operative steps, including calling for examining arrests until the completion of proceedings against inciters against Jews and Israelis in order to create deterrence, legislative processes to define the personal responsibility of politicians and government officials to prevent incitement and hate speech, measures to expedite and accelerate legal proceedings against anti-Semitic attacks, and of course, legal action against anti-Semitism and anti-Zionism.
Rabbi Margolin, Chairman of the European Jewish Association, who initiated the forum, noted that: “Unfortunately, too many governments across Europe are not truly willing to combat the plague of anti-Semitism that has reached unprecedented levels since October 7.”
He added, ”The ‘National Plans to Combat Anti-Semitism’ and the IHRA definitions are a good tools, but as long as they are not implemented, they remain merely declarative. The plans are shelved and reality is worsening and becoming more dangerous day by day.”
He continued, ”It begins with people being afraid or hesitant to file complaints against anti-Semitic attackers, continues with the lack of response and the absence of an effective response from law enforcement authorities, and strengthens in the face of the fact that even when an offender is brought to court, the process takes years and in the case of punishment – there is no longer an effective message for deterrence and prevention.”
Rabbi Margolin warned that ”if governments, law enforcement authorities and university officials fail or refuse to address the challenge, then Jewish lawyers will do so.” ”We intend to confront anti-Semitism directly, develop evidence-based legal tools, and disseminate an operative guide that will define to the police what constitutes anti-Semitic incidents and how they should act in each such case. Rabbi Margolin noted that all Jewish lawyers who are members of the forum volunteer fully and out of deep commitment.”
Adv. Pascal Markovitz, European Jewish Association Advisory Board Member and Lawyer at the Paris Bar, a pioneer in the legal fight against anti-Semitic phenomena in Europe, noted that in France, effective legislation has been developed against anti-Semitism and BDS, and the country has also adopted the IHRA definition of anti-Semitism. However, Markovitz noted that there is significant difficulty in enforcing the laws and imposing sanctions on anti-Semites.
Adv. Avram Ishai Head of the Legal Center for Combatting Antisemitism – The International Association of Jewish Lawyers and Jurists (IJLL), which partnered in convening the forum, noted that in Germany too, there is appropriate legislation against anti-Semitism, but the problem lies in enforcement when police lack the tools to identify and address incidents of anti-Semitism.
Wester Meijdam, Policy Officer at the Office of the European Commission Coordinator on combatting Antisemitism, revealed to the lawyers that 71% of Jews in Europe refrain from wearing or wearing items that could identify them as Jews. About 38% of European Jews have considered or are considering emigrating because they do not feel safe in their countries. 9 out of 10 Jews believe that anti-Semitism in their country has worsened.
Adv. Jonathan Turner, Chief Executive, UK Lawyers for Israel, noted that the police in Britain are ignoring the Jewish community – especially in London. While some police officers are very good and deserving, unfortunately, it seems that police commanders are reluctant to deal with the problem of anti-Semitism directly and comprehensively and fear internal rebellion, as a significant number of the officers under their command are Muslims.
Shlomo Dahan, legal advisor to the European Jewish Association, : noted that the guide to be developed for enforcement agencies will clarify to officers in the field how to identify and act from the moment a complaint is received to bringing the suspects to justice. The guide will detail to prosecutors in each country the legal channels they must take to achieve justice and how to distinguish when an utterance or act is an anti-Semitic statement or incitement, defined as a crime according to European Union guidelines.
The European Jewish Association represents hundreds of Jewish communities across Europe.