The chairmanship is an opportunity for Germany to set accents in combating antisemitism. Holocaust denial and Holocaust relativisation are (unfortunately) still a current issue in 2020 as well. Consistent criminal liability and prosecution of Holocaust denial and relativisation are needed. It is an effective tool for taking action against neo-Nazi activities in the respective countries, but also transnationally.
The fight against antisemitism must not, however, be limited to action against Holocaust denial. The IHRA definition (see annex) offers the possibility of effectively capturing antisemitism below the threshold of criminal liability as well. Transformed and modernised forms of antisemitism are likewise brought into focus by the IHRA definition. The working definition must therefore be implemented consistently at national and international level. It should also serve as a tool for criminal law. As binding guidance it can, for example, be combined with §130 StGB (incitement to hatred). In the most recent reform of §46.2 StGB, antisemitic motivations were included as aggravating factors in sentencing. The explanatory memorandum refers to the IHRA definition. For this to be possible in a meaningful way, comprehensive training measures and sufficient personnel in the police and the judiciary are needed…….
