Crackdown on an already banned Hamas raises free speech fears in Germany

As Israel battles Hamas in Gaza, European authorities have been tightening the net on the militants, with high-profile raids, financial curbs and a crackdown of its online activities. But no country has gone further in targeting an already-banned group and its supporters than Germany.

In Berlin, pro-Palestinian marches have been limited and schools have been granted the power to place bans on Palestinian flags and keffiyeh scarves.

Across the country, using the pro-Palestinian slogan “From the river to the sea” is now a criminal offense. The chant, used frequently at demonstrations, demands equal rights and the independence of Palestinians, although in some cases it is intended to call for the abolishment of Israel. German politicians have repeatedly stated that Israel’s security is Germany’s “reason of state.” This term is a reference to Germany’s special relationship with Israel due to its Nazi past, which saw the German state systematically murder 6 million Jews in the Holocaust. This genocide profoundly shaped the country’s policymaking.

Friedrich Merz, the leader of the Christian Democratic Union, last year called for a signed statement confirming “Israel’s right to exist” as a prerequisite for German citizenship.

But Germans themselves are divided. In a January poll carried out by German public broadcaster ZDF, 61% of respondents did not consider Israel’s military campaign in Gaza to be justified. Adding to a complex picture, Germany has the largest Palestinian diaspora in Europe, estimated at 300,000.

There are thought to be around 450 Hamas members in Germany and, like the rest of the European Union, Germany considers Hamas a terrorist organization.

The figure comes from The Federal Office for Protection of the Constitution (BfV), which in 2022 warned that “Hamas sees Western countries such as Germany as refuge in which the organization can concentrate on collecting donations, recruiting new supporters, and spreading its propaganda.”

Experts told CNN that there are heightened risks of attacks following the October 7 attacks, which left 1,200 Israelis dead, and signs that Hamas is boosting its presence in Germany and beyond.

But at the same time, Germany is facing questions over what its crackdown on a small number of Hamas members means for legitimate expressions of Palestinian solidarity and opposition to the war in Gaza. More than 26,000 people have died in the enclave since October 7, according to the Hamas-run Gaza health ministry.

Arrests and raids

An early warning of the risks the new conflict brought came in October, when Molotov cocktails were thrown at a Berlin synagogue. In line with other European countries, Germany stepped up security amid fears of further attacks. There were also reports of people celebrating the Hamas attacks on the streets of Berlin.

Then in December came the biggest flashpoint yet, as four alleged members of Hamas were arrested and accused of planning attacks against Jewish institutions in Europe. Three of the suspects were detained in Berlin and another in Rotterdam.

According to Germany’s top prosecutor, all four are longstanding members of Hamas with close links to the leadership of its military branch.

German media showed images of authorities retrieving ice packs from a Berlin apartment, which contained ammonium nitrate.

Hans-Jacob Schindler, senior director at the Counter Extremism Project (CEP), said ammonium nitrate – which is also used as a fertilizer - is the “explosive of choice” for making quick and cheap improvised explosive devices.

Overall, Schindler believes there are around 10,000 people in Germany who “broadly agree with what Hamas does and are willing to take part in demonstrations, raise funds and share propaganda.”

Asked if Hamas’ presence would expand in the wake of the October 7 attacks, Schindler said: “Yes, it has grown already.”

Germany and the Netherlands are not the only European countries to see raids on Hamas suspects.

Denmark earlier in January said seven people suspected of planning a terror attack had links to Hamas, while Israel has claimed that Hamas was planning to attack its embassy in Sweden. When approached by CNN for comment, Sweden’s foreign ministry declined to comment on specific missions.

But while such incidents grab headlines, more low-key efforts are also underway.

Police in the German city of Potsdam seized donation boxes from two fast food restaurants in November.

The boxes were labelled “Die Barmherzigen Hände e.V.” or “Merciful Hands” – a charitable association which states on its website that it has now dissolved.

Brandenburg’s Office for the Protection of the Constitution has launched an investigation, but previously named “Merciful Hands” as a “contact point for Hamas supporters”.

The office confirmed to CNN that it is investigating unknown persons on suspicion of violating the Association Act, which determines the right to form societies and other associations.

This was denied by a former chairman of the association when approached by German newspaper Der Spiegel for comment, who said that the charity collected money for orphans including Palestinians. CNN has reached out to the charity for comment.

According to The George Washington University, charitable organizations are one of the most common vehicles used by Hamas networks in the West to collect funds.

Matthew Levitt, a director at pro-Israel American think tank the Washington Institute for Near East Policy and a former U.S. official specializing in counterterrorism, told CNN that Hamas is using Europe as a “cash cow.”

“Hamas is pretty good at laundering funds and masking what it is doing,” he said.

“The majority of people who are donating to these charities don’t know [they are supporting Hamas] because they present themselves as charities that are just helping Palestinians.”

Germany’s neighbor Austria has also grappled with the issue of Hamas fundraising, suspending aid to Palestinians in the wake of Hamas’ attack pending a review into what the funds were being used for.

The suspension was lifted on December 7, since the review found no indication funds were being used for terrorism.

This hints at the dilemma facing international donors keen to help ease the ongoing humanitarian crisis in Gaza. Germany itself stepped up its assistance earlier this year.