Dear Friend,
In the past month, we’ve fought some crucial battles and secured a number of legal victories, which we bring to you in this month’s newsletter, along with some useful resources to continue mobilising for Palestine.
CASE UPDATES
Legal Complaint Filed in Germany Against Axel Springer Over Yad2’s Promotion of Illegal Land Grabs in Palestine
Five Palestinian plaintiffs, along with the villages of Iskaka, Marda, and Taybeh in the occupied Palestinian territory, represented by the Jerusalem Legal Aid and Human Rights Centre (JLAC), have filed a landmark legal complaint against major German media publishing group Axel Springer S.E., alleging violations of German law on corporate due diligence obligations. The complaint accuses Axel Springer of contributing to land grabbing and human rights abuses in the Occupied Palestinian Territory (OPT) through their Israeli subsidiary that operates the classified ads platform Yad2. According to JLAC, Yad2 facilitates the majority of real estate transactions in the occupied Palestinian territory, including East Jerusalem, at a time when forced displacement, annexation, and Israeli settler violence have dramatically intensified.
The legal action, which is supported by Law for Palestine (L4P), the European Legal Support Center (ELSC), and the Palestine Institute for Public Diplomacy (PIPD), under the Justice and Accountability for Palestine Initiative, signals a significant step toward holding international corporations accountable for their involvement in Israeli crimes against Palestinians.
BDS Austria against Municipality of Vienna recognised as Strategic Lawsuit Against Public Participation by Coalition Against SLAPPs In Europe
The legal action initiated by the Municipality of Vienna against an activist member of BDS Austria has now been officially recognised as a Strategic Lawsuit Against Public Participation (SLAPP) by CASE, a coalition of non-governmental organisations across Europe united in recognition of the threat posed to public watchdogs by SLAPPs.
To add to its shameful affront to democracy and rights, the Municipality of Vienna had proposed a settlement requesting the activist to pay 17.000 euros – the total amount of damages previously asked, including legal fees. Additionally, the Municipality demands that the activist refrain from claiming it had brought “SLAPP suits” against BDS. Against this backdrop, this official recognition by CASE is an important success for the activists who have been facing legal challenges since 2021 and are still in legal proceedings as the Municipality of Vienna refuses to give up on their unreasonable claims. The case is currently pending before the Austrian Supreme Court.
Additional Evidence Filed Against Booking.com for Profiting from Illegal Settlements
On 18 December 2024, a consortium of civil society organisations submitted new evidence to the Public Prosecutor’s Office in Rotterdam, the Netherlands, in support of their original criminal complaint against Booking.com B.V. The complaint, filed on 8 November 2023, accuses the company of laundering profits from activities in illegal Israeli settlements in the Occupied Palestinian Territory (OPT). With no substantive response from the Dutch authorities to date, this filing underscores how Booking.com has not only continued its operations in these settlements but has significantly expanded them.Evidence collected reveals that the number of listings in illegal settlements has risen sharply since the original complaint, particularly in East Jerusalem, where the number has risen from 13 to 39 within a year, from 9 November 2023 to 9 November 2024.
In our complaint, we argue that by promoting and listing properties in illegal settlements, Booking.com directly supports the normalisation and economic sustainability of these unlawful practices. The company provides financial backing to settlers and their enterprises, furthering the displacement of Palestinians and solidifying settlement expansion. This conduct sustains Israel’s settler-colonial regime and violations of international law, including the Fourth Geneva Convention, which prohibits population transfer into occupied territories. We have substantiated our claims thoroughly.
Milan Court once again confirms ruling in favor of Karem Rohana vs. Maurizio Molinari
The Court of Milan upheld the ruling in favor of Karem Rohana against former La Repubblica editor-in-chief Maurizio Molinari. The latter had filed a complaint requesting the removal of Rohana’s social media posts and videos, which were deemed defamatory, a penalty for non-compliance, and publication of the order in the media. The court rejected the complaint, recognising Rohana’s statements as a legitimate exercise of the right to criticism and pointing out that there is no causal link between her posts and the alleged consequences complained of by Molinari. In addition, Molinari was ordered to pay 3,500 euros in court costs. The ruling represents an important victory for the protection of freedom of expression and a curb on legal actions aimed at censoring activists and civil society voices, especially in support of Palestinian solidarity.
Court Ruling Leaves Dutch Arms Export Policy Intact
On 13 December 2024, the District Court of The Hague dismissed a case brought by Palestinian and Dutch civil society organisations urging the Dutch State to align its arms export policies and trade relations with international law. Despite acknowledging the State’s legal obligations under international law, the court upheld the current practice of individually assessing arms export licenses, rejecting calls for a blanket ban on military and dual-use goods exports. This ruling leaves a critical gap, as it allows for the possibility that exported goods could indirectly contribute to violations of international humanitarian law. The court also accepted the State’s so-called “discouragement policy” toward trade with illegal Israeli settlements but failed to evaluate its actual effectiveness. This decision contrasts with the July 2024 ICJ advisory opinion, which called on all nations, to take active measures to end trade and investment relations that sustain illegal settlements in the Occupied Palestinian Territory (OPT).
The coalition is reviewing the decision and considering an appeal, warning that the current approach risks perpetuating international crimes, including forced displacement, annexation, and apartheid.
VOLUNTEER TO MONITOR REPRESSION IN ITALY
Throughout 2024, ELSC has worked tirelessly to protect the solidarity movement with Palestine through hundreds of legal cases, advocacy campaigns, and critical monitoring efforts. Our work goes beyond legal support; it also involves documenting forms of repression in the countries where we operate to uncover and highlight the patterns behind them.
In 2025, we aim to expand our efforts and record even more cases of repression targeting the solidarity movement with Palestine, as well as activists, academics, and journalists facing censorship, defamation, and silencing for standing with the Palestinian cause. To achieve this, we are looking for new volunteers to help monitor the situation in Italy.
Do you speak Italian and want to help us record forms of repression in your country? Send an e-mail to our colleague Laila (laila@elsc.support) and she will give you all the information you need to become a volunteer with the ELSC monitor team!
SUPPORT THE LEGAL AID FUND
Setting up a small monthly donation to our legal aid fund can go a long way to ensure ELSC’s stability and security at this critical time where we face an all-time-high number of repression cases. We cannot do this alone, and we need your help to continue supporting the movement!
ELSC EVENTS
On 14 December 2024
Know Your Rights Workshop Anti-Palestinain Repression In Schools
The ELSC in partnership with Team Eye4Palestine and the association 4Neukoelln+Berlin organised a Know Your Rights event in Berlin, this time focusing on repression in German schools. Lawyer Yalçın Tekinoğlu delivered a 45-minute lecture on repressive policies and ways to recognise and counter them, followed by an engaging Q&A with the audience. The event also provided a space to share experiences and strengthen networks within the community.
December 2024
Our team in Germany, Jasmin, Nadija, Tobias, and Alexander, spoke at a number of events in December 2024, sharing insights and reflections about the new German resolution against antisemitism, the criminalisation of the movement in solidarity with Palestine and legal repercussions of silencing and disinformation, developments leading to a German Mc Carthy era, and Know Your Rights resources and practices.
2nd February
Our Senior Legal Officer Nadija will be holding a lecture in Frankfurt am Main, examining the complex intersections between international law, Germanys’ reason of state, and legal questions concerning Israel’s genocidal onslaught on Gaza.
ELSC IN THE MEDIA
Journalist Hannah El-Hitami spoke to ELSC lawyer Alexander for Amnesty International about Germany’s weaponisation of racist policy, surveillance, and law enforcement to repress solidarity with Palestine.
In this in-depth interview, ELSC’s Daan and Juul talked about our case against the Dutch State and the political climate in the Netherlands after genocide perpetrators and supporters in the form of Maccabi hooligans terrorised Amsterdam back in November 2024: “The failure to challenge Zionist oppression of Palestinians and to take adequate action is resulting in fascism being imported into Europe”.
RESOURCES OF SUPPORT
Repression of Palestine advocacy in Britain
Were you arrested last weekend, or did you witness repression at the Palestine demonstrations?
Stop Banking on Apartheid: New DBIO Report
At the end of last year, the Don’t Buy Into Occupation (DBIO) coalition, to which ELSC is part of, released its fourth report at the end of last year! The research reveals that between January 2021 and August 2024, 822 European financial institutions provided $182 billion in shares and bonds, and $211 billion in loans and underwriting to 58 companies involved in the illegal Israeli settlement enterprise. The report findings are critical in defunding Israeli occupation by understanding how European financial institutions are linked to Israeli war crimes and colonial expansion. Check if your bank or pension fund or financial institution is on the DBIO list and pressure them to divest from Israeli colonial activities:
OPEN VACANCIES
Our team continues to grow. In the last three months we have been joined by five new members of staff!
Anna joined the British Team in December as our first ever in-house solicitor, which means the ELSC will now have conduct of litigation and be able to instruct barristers in England and Wales.
Our Advocacy and Communication Department grew with Juul as the Advocacy and Communication Officer for the Netherlands and Samar as our Advocacy and Communication Officer for the Crimes and Complicity team.
In the meantime, our Monitor & Research Department welcomed this month Amira, Research Officer, and Layan, Junior Monitor Officer for Britain. Carina and Hisham moved from the Monitor Department to join our Legal Department as Junior Legal Officers as they have both recently finished their legal education and we are therefore recruiting a new Junior Monitor Officer for Germany. The deadline to apply to this vacancy is January 24, 2025.
We are also recruiting a Junior Legal Officer in the Netherlands. The deadline for applications is February 2nd, 2025.
We are proud to be in community with you. As you continue to organise and take action, make sure to visit our Know Your Rights resources and continue to report any form of repression.
In solidarity,
The ELSC
If you are interested in empowering the Palestine solidarity movement in Europe, we welcome your one-time or monthly donations to the ELSC. For any inquiries, contact us at info@elsc.support.If you would like to put your skills (whether legal, editing, artistic, communications, or any other skills) at the service of our movement in support of Palestinian rights advocates, please contact us at info@elsc.support.