Political Ban on Dr. Ghassan Abu Sittah’s Public Speaking and Political Speaking Deemed Unlawful by German Court.
ELSC and ICJP achieve second legal victory against German authorities’ abuse of migration law to silence Dr. Ghassan Abu-Sittah
Berlin, Germany, 16th July – the Administrative Court in Berlin has deemed the ban on Dr. Ghassan Abu-Sittah’s political activities and public speaking in Germany which was imposed in April 2024 by Berlin’s Migration office unlawful after the European Legal Support Center (ELSC) with support from the International Centre of Justice for Palestinians (ICJP) had taken legal action.
Justifying the ban, German authorities argued it was necessary because Abu-Sittah had publicly stated that Israel is attacking hospitals and committing genocide against the Palestinian people and that these statements threaten the German “free democratic basic order” and aren’t compatible with the “German reason of state (Staatsräson) to protect Israel”.
We had argued before the court:
- Abu-Sittah’s freedom of expression was violated;
- The statements he is accused of by the German authorities reflect his lived experience as a trauma surgeon at Palestinian hospitals in Gaza and are corroborated by United Nations reports.
ELSC & ICJP have previously succeeded in overturning the ban on Dr. Ghassan Abu-Sittah’s entry to the Schengen-area which has prevented him from entering Germany, France and the Netherlands. Following ELSC’s urgent appeal, the Administrative Court Potsdam ruled- in May 2024- that the Schengen ban has no legal basis and had to be revoked immediately. This effectively ended the Schengen-area travel ban imposed on Abu-Sittah by the German authorities.
The trials should be understood in the context of the crack-down on the Palästina Kongress in Berlin, where Abu-Sittah was supposed to speak. Palästina Kongress was planned as an assembly of Palestinian, Jewish, German and international voices calling for an end to Israel’s genocide in Gaza and Germany’s complicity in the genocide. It was ultimately prevented from taking place in an illegal attack by German authorities with heavy police presence. Germany’s Federal Minister of the Interior Nancy Faeser (SPD) had openly pressured the Berlin police to “crack down hard” on the Congress, and Berlin’s Mayor Kai Wegener (CDU) declared: “It is intolerable that a so-called Palestine Congress will take place in Berlin”.
Dr. Ghassan Abu-Sittah comments: “The German government acted illegally in its efforts to silence anti-genocide voices. This ruling highlights how Western governments abuse the rule of law to protect Israel’s genocidal project. This explains why the genocide has been able to continue unabated for over 21 months. It is due to the German government’s actions—not only as the second-largest arms supplier to Israel but also in its attempts to silence those speaking out against the genocide.”
An ICJP spokesperson said: “This sets an important precedent against the misuse of migration law in Germany to curtail freedom of speech. It is ridiculous that it even got to this stage, but it is a relief that the court has seen sense and found this infringement of Dr. Ghassan’s civil liberties to be unlawful.”
ELSC spokesperson Karim Bohnhoff comments: “This ruling was to be expected, as the actions of the Berlin immigration authorities were clearly unlawful. What should alarm us is that the authorities deliberately acted unlawful to prevent the Palästina Kongress by any means necessary as a result of political pressure. This shows that anti-Palestinian repression by authorities in Germany does not adhere to the rule of law.”
- ICJP is a legal organisation based in London, working to uphold international law and defend the rights of Palestinians.
- ELSC defends and empowers Palestine advocates across mainland Europe and Britain through legal means, monitoring, research and advocacy efforts.
- For more information or for media inquiries, please contact the ICJP news desk at press@icjpalestine.com, or the ELSC news desk at press@elsc.support.
