An EU ban on Samidoun discussed in a conference about extremist networks and EU’s security

The EU should designate as a terrorist entity “Samidoun Palestinian Prisoners Solidarity Network”, founded in 2011, and should add it to the EU Terrorist List. This was the conclusion of the MEPs chairing the conference hosted by MEP Bert-Jan Ruissen at the European Parliament on 5 March after hearing the testimonies and analyses of a number of experts.

The EU needs to have its place on the list established by the UN Security Council Committee of the countries recognizing Samidoun as a terrorist organization, such as Canada (2024), Israel (2021), the Netherlands (2024) and the United States (2024).

One of them, Dr Hans-Jakob Schindler (Senior Director of the Counter Extremism Project), addressed the situation of Samidoun in Germany, a country where administrative ban measures were taken in 2023.

An EU ban on Samidoun discussed in a conference about extremist networks and EU’s security 6

Samidoun in Germany

Prior to its ban in Germany in November 2023, Samidoun Germany was primarily operating as a mobilization, propaganda and financial support network with close connections to the Popular Front for the Liberation of Palestine (PFLP), which was included in the EU Terrorist List in 2002. One of the founders of Samidoun, Khaled Barakat, is indeed known as a high-ranking member of the PFLP.

Its activities also involved organizing, both online and offline meetings, events and offline demonstrations as well as fundraising.

Given the connections of Samidoun with the PFLP, the Samidoun network in Germany served as a cross-cutting mobilization network that allowed the cross-over between Islamist extremist and left-wing extremist networks.

Although until the ban, German security authorities only identified around 100 active supporters of Samidoun in Germany, its ability to mobilize went far beyond this rather small number of hardcore Samidoun members and supporters.

Since Samidoun’s propaganda not only denied the existence of Israel and promoted the use of violence, the network was under observation by several domestic intelligence agencies of Germany.

In addition, until the official ban in November 2023, German authorities regularly took administrative and legal measures against members of the Samidoun network. In 2019 Khaled Barakat was banned from attending an event in Germany and in 2020 he was both extradited and banned for four years from re-entry into Germany.

The function of Samidoun as a cross-cutting mobilization and financing network was also highlighted by the fact that several times, the left-wing extremist organization Rote Hilfe allowed its bank account to be used to collect money for Samidoun activities.

This cross-cutting nature and the activities of Samidoun reached a new level following the pogrom-like terror attack of Hamas against Israel on the 7th of October 2023. Samidoun immediately mobilized, both online and offline.

In the following weeks until the ban, Samidoun was extremely active in organizing large scale demonstrations, in particularly in Berlin and North Rhine Westfalia, which also included left wing extremist networks.

During these demonstrations a significant number of criminal acts were committed, including regular and at times serious violence against the police, and open calls for the destruction of Israel.

As expected, the ban and dissolution of the German branch of Samidoun, including Palestine Youth Mobilization Hirak e.V., led to a significant reduction of its activities in Germany and the decrease of pro-Palestinian demonstrations.

It is to be noted that Samidoun has chapters in the United States, Canada, Germany, United Kingdom, France, Sweden, the Netherlands, Belgium, Greece, Spain, Palestine, and Lebanon. In some of them, debates similar to those in Germany also exist.

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Administrative bans in Germany

When there are serious indications that a group operates in a systematic and sustained manner to undermine the basic tenets of the German constitution, a number of state agencies can intervene.

By promoting violence and calling for the de-facto destruction of the State of Israel, Samidoun fell into this category.

Consequently, when sufficient evidence has been collected, a ban can be enacted.  Although such a decision can be challenged in court, such challenges are usually not successful.

Such an administrative ban also means that all assets, fungible and non-fungible ones are seized by the authorities.

Administrative bans also extend to the online sphere, social media accounts are specifically listed in the banning order and subsequently have to be closed by the platforms as they are now illegal to maintain in Germany.

In addition, the display of symbols, both offline and online relating to the banned group or network becomes an illegal act.

In the case of Samidoun, one of its key slogans “from the river to the sea, Palestine will be free” was also included in the banning order as it is denying the right of existence of Israel.

Therefore, banning orders are a powerful tool in the defense of the German constitutional order. However, what such banning orders are not is a terrorist designation and here lies the challenge that the process of inclusion of a group or network into the EU Terrorist List has to face.

The current process of including a group or network such as Samidoun on the EU Terrorist List demands that there is a legal conviction on terrorism charges linked to the network in at least one of the EU Members States. At the time of the German decision, this was not the case.

An EU ban on Samidoun discussed in a conference about extremist networks and EU’s security 8

MEPs fight for the inclusion of Samidoun in the EU Terrorist List

On 17 October 2023, MEP Assita Kanko a Burkinabé-born Belgian MEP of the ECR political group asked the following written parliamentary question to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy:

“Germany has moved to ban the organisation Samidoun for publicly celebrating Hamas terror and spreading anti-Semitic conspiracy theories. 

The same organisation organised a demonstration in Saint-Gilles, Belgium, on 15 October 2023, for which no permission was given. Their European coordinator Mohammed Khatib took the opportunity to state: ‘We do not call Hamas’ attack in Israel a terror attack, we call it justified resistance’.

Will the Vice-President / High Representative be proposing to include the organisation Samidoun, which has branches all over Europe, on the list of persons, groups and entities subject to specific anti-terrorism measures, or to include it on the list of persons, groups and entities subject to enhanced police and judicial cooperation measures?”

On 4 December 2023, the Commission “answered”

“The relevant EU legal act establishing restrictive measures to combat terrorism, other than with respect to ISIL (Da’esh) and Al-Qaida, is Council Common Position on the application of specific measures to combat terrorism (2001/931/CFSP) , hereinafter ‘CP 931’ (or ‘EU terrorist list’)[1]. 

A designation under CP 931 entails an asset freeze and a prohibition on making funds and economic resources available to designated persons, groups or entities[2]. CP 931 also establishes an obligation for Member States to afford each other the widest possible assistance in preventing and combating terrorist acts through police and judicial cooperation in criminal matters (Article 4).

In accordance with Article 1(4) of CP 931, the list of persons, groups and entities subject to these measures is drawn up on the basis of national competent authority decisions either on the instigation of investigations or prosecution for involvement in a terrorist act or the condemnation for such a deed. 

The competent authority may be judicial or administrative, and may be of a Member State or a third country. It is for Member States to propose new listings based on their national decision. 

It is only on the basis of such a decision conforming to the requirements of CP 931 that a new listing can be made. Such a decision must be taken by unanimity by the Council.

• [1] OJ L 344 28.12.2001, p. 93. 
• [2] This measure is implemented by Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (OJ L 344, 28.12.2001, p. 70).

This could be called a “non-answer” to the clear question “Will the Vice-President / High Representative be proposing to include the organisation Samidoun, which has branches all over Europe, on the list of persons, groups and entities subject to specific anti-terrorism measures…”