Anti-Semitic Hate Crime Anti-Semitic Hate Crime
Total Page:16
File Type:pdf, Size:1020Kb
Anti-Semitic Hate Crime Anti-Semitic Hate Crime Anti-Semitism has affected Jewish What Is Hate Crime? What Are Anti-Semitic Hate Crimes? communities for millennia, and found its most Criminal Offence brutal expression in the Holocaust, during + Bias Motivation Attacks or threats against = Hate Crime people because of their actual which millions of Jews were murdered. or perceived Jewish identity, or Despite the lessons to be learned from this • Hate crimes comprise two targeting persons or property elements: a criminal offence associated with Jewish people horrific event, anti-Semitism continues to and a bias motivation. or communities, constitute plague Jewish communities to this day, in • First, hate crimes require anti-Semitic hate crimes. The a base offence to have prejudice manifests itself forms from conspiracy theories to intolerant occurred. In other words, either in the selection of the the act committed must target (such as a Jewish discourse. Too often, this intolerance can constitute an offence under cemetery, synagogue, school morph into anti-Semitic hate crimes, including criminal law. If there is no or monument commemorating underlying crime, there is no victims of the Holocaust), or in violent attacks against Jews. The impact of hate crime. expressions of anti-Semitism these crimes can be that Jewish individuals • The second element of a hate during the crime. crime is that the perpetrator fear attending worship services, wearing must commit the criminal act Anti-Semitic hate crimes with a particular bias motive take place across the OSCE religious attire or symbols, or that they or motives (such as a bias region. ODIHR’s reporting abstain from identifying publicly as Jewish against a victim’s disability, demonstrates that anti- religion, ethnicity, colour Semitic hate incidents involve either culturally or in religious identity. The and/or their gender). The attacks against Jews both threat posed by anti-Semitic hate crimes can presence of a bias motive on religious and on ethnic is what differentiates hate grounds. Such crimes may even force Jewish people to emigrate. Anti- crimes from other crimes. occur on or around Jewish Semitism affects not only Jews, but society • A hate crime has taken religious holidays and days place when a perpetrator of historical significance, as a whole. Its existence also underscores has intentionally targeted including Holocaust memorial an individual or property days. The perpetrators of such wider trends of intolerance towards other because of one or more crimes often make use of groups, and everyone has a role to play in protected characteristics, or harmful stereotypes, narratives expressed hostility towards and conspiracy theories about countering this and all forms of intolerance. the protected characteristic(s) Jewish people, and employ during the crime. historical symbols (such as swastikas) to threaten victims and their communities. Vigil In Memory of Pittsburgh Synagogue Victims, 28 October 2018, A panel discussion organized by ODIHR at the POLIN Museum in Warsaw Washington, DC. focusing on education’s role in countering anti-Semitism and other forms of intolerance, 28 September 2016. (OSCE/ODIHR) How to Recognize • What was the nature of the of these biases must be for victims, and one that Anti-Semitic Hate violence? Were symbols recorded and addressed participating States need Crimes representing Judaism during investigation and to address. Governments targeted? For example, prosecution. Data on anti- have a central role to play in There are a number of was a kippah (a skullcap) Semitic hate crimes should be ensuring access to justice, indicators that can help to removed from a man’s disaggregated by gender, to from the initial assessment identify an anti-Semitic bias in head? better understand the extent of victims’ needs by police a potential hate crime. Such • Does the suspect belong to which Jewish women officers to developing support indicators, known as “bias to a hate group that targets and men are affected by mechanisms for victims. indicators,” can prompt the Jews? These could include such crimes, and to identify authorities to investigate a different far-right groups appropriate measures to Many Jewish civil society crime as an anti-Semitic hate or groups advocating counter anti-Semitic hate groups have recognized the crime, enabling a tailored intolerance against Jews. crimes. When investigating importance of hate crime response. Does the suspect’s and addressing anti-Semitic monitoring, including as background or criminal hate crimes, it is important to an advocacy tool, and are The following questions can record show that they have consider the possible multiple developing their monitoring help identify anti-Semitic hate committed similar acts in the identities of the victim (such capacities through outreach crimes: past, including against other as religion and ethnicity or and online reporting. groups? gender), as this can have • Do the victims or witnesses • Is the suspect a member of significant ramifications for To be effective, police perceive the incident to a different religious group to individual victims. responses and government have been motivated by bias that of the victim? policies to counter anti-Semitic against Jews? • Was the victim visibly Reporting Anti- hate crimes must be evidence- • Were there comments, identifiable as Jewish, for Semitic Hate Crimes based and draw on official written statements, gestures example, a man wearing hate crime data, as well as on or graffiti that indicate bias? a prayer shawl, a person Anti-Semitic hate crimes, like reports from civil society and These can include allegations wearing traditional clothing, all hate crimes, are under- international organizations. typical of anti-Semitic or Hebrew language reported, and this can be for a Increased public awareness tropes, such as accusing inscriptions on their clothing variety of reasons. Victims may of hate crime, hate crime Jews of killing Christ or the or jewellery? lack trust in the authorities, recording by states, measures ritual murder of non-Jews • Was the victim a Jewish may expect that their claim will to encourage reporting by (the blood libel), citing community leader, a human not be taken seriously or may victims, and civil society conspiracy theories about rights defender working with fear further victimization by monitoring and reporting will Jewish plots to control the Jewish communities or a police officers. all help reveal the scope of world, or blaming all Jewish person providing protection the problem in more detail, people for the policies of the and safety to Jews? Effective access to justice enabling policymakers to government of Israel.1 • Did the incident take place remains a critical challenge identify appropriate responses. • Was the targeted property on a date of significance a place of significance for either the perpetrator or to the community, such Jewish communities (e.g., Examples of Anti-Semitic Hate Crimes as a synagogue, Jewish International Holocaust cemetery, school or private Memorial Day, the • Eleven worshippers at a synagogue were shot dead during property owned by Jews? anniversary of a terrorist a Sabbath morning service. Six people, including four police • Was the property previously attack or a Jewish holiday)? officers, were injured. During the attack, the congregation targeted in an anti-Semitic • Is there any other clear was subjected to anti-Semitic insults and death threats. incident? motive? The lack of other • Four people were murdered and 25 held hostage in a • In case of an attack against motives is also a reason to kosher supermarket. property, was an object or consider a bias motivation. • A Jewish family were attacked in their home. The man symbol left at the scene was tied up, the woman was raped, and the apartment that could be perceived Anti-Semitic hate crimes was burglarized. The attackers made remarks such as as offensive or threatening, should be monitored and “you Jews, you have money” and “you Jews, you keep the such as a Nazi symbol? recorded as a separate money at home, not in the bank.” Was a religiously important category of crimes. Where • An 85-year-old Holocaust survivor was stabbed to death item, such as a Torah scroll, a crime is committed with in her home before her apartment was set on fire by two desecrated? multiple bias motives, each perpetrators, who perceived the victim as rich because she was Jewish. • Six identifiably Jewish schoolchildren were subjected to 1 The OSCE participating States have “declare[d] unambiguously that anti-Semitic slurs and assaulted. international developments, including with regard to the situation in the Middle • A swastika was scratched on a plaque dedicating a school East, never justify anti-Semitism.” OSCE Ministerial Council, Declaration on Enhancing Efforts to Combat Anti-Semitism, Basel, 5 December 2014 to Anne Frank. [MC.DOC/8/14], https://www.osce.org/cio/130556?download=true What Can You Do? ODIHR Guides on Hate Crime There are a number of organizations that assist victims of ODIHR has compiled good practices from OSCE participating hate crimes. Equality bodies, ombuds institutions addressing States on addressing hate crime, and has shared these in a discrimination, civil society organizations and local Jewish number of publications, available on our website at: organizations play a central role in countering hate crimes. https://www.osce.org/odihr/guides-related-to-hate-crime They serve as vital links between victims, communities