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Is the Paris Climate Agreement dead on arrival, or just badly wounded?

The landmark agreement is turning ten this year, but continues to face obstacles


29/03/2025

It was a moment in time. A landmark agreement. What Grist dubbed as a “big fucking deal”—although, in a depressing parallel to the events of last year, was also in 2016 predicted to be buried under U.S. election and presidential-related coverage. 

By all accounts, the Paris Agreement was a historical event, and one that—no matter how overshadowed it may have been—offered a sense of hope and potential mitigation against the swell of climate change. The legally-binding international treaty on climate change was signed by 196 Parties at the UN Climate Change Conference in Paris, France, on 12th of December 2015, and officially came into force on the 4th of November 2016. The overarching goal sounded simple, though not easy: limiting global warming to 1.5 degrees Celsius above pre-industrial levels. The countries who signed agreed to strengthen their commitments over time, severely reduce emissions, and provide assistance towards developing countries in adapting to and mitigating the effects of climate change. 

Even at the time the document was drawn up, many experts believed that the agreement was not authoritarian enough. Despite that, it was lauded as a promising first step in the world transitioning to a cleaner, healthier, more equitable and safe space. Scientists spoke with cautious urgency. “My biggest concern really is that we are only on the first step of a ladder of increased ambition. It is going to become clear to the world over the next 3 -5 years how much more we need to do to stabilise the climate,” Shane Tomlinson told BBC News in 2016. Tomlinson’s words could not have been more prophetic. 

Making up the core of the Paris Climate Agreement are countries’ Nationally Determined Contributions (NDCs). Unique to each nation, the NDCs encompass each country’s pledge to reduce emissions, their specific targets, and their strategies and manner of implementing said strategies to mitigate and adapt to the effects of climate change. Countries who signed the legally binding agreement pledged to submit their NDCs in five-year intervals. 

COP30, slated for this November, will see a decade since the Paris Agreement was drafted. The 30th United Nations Climate Change Conference will see world leaders, philanthropists, scientists, and government officials convene in Brazil, with one question in particular hanging overhead: is the Paris Agreement still alive? 

Its goal was the rapid and effective slashing of emissions; the whole-hearted commitment of the most developed countries to helping the most vulnerable; renewing commitments year-by-year; and evidence showing that strides were made to mitigate human-made climate change. 

One could imagine that hopes held by climate experts and scientists are dashed, even if the original document provided them with little in the first place. Fresh into his second term as the President of the United States, Donald Trump officially withdrew the country from the accord—an act he first put in motion when he originally took up residence in the White House in 2017, but was reversed when Joe Biden took over—alongside an alarming cry that America would “drill, baby, drill!” (a slogan originally popularized by former Maryland lieutenant governor Michael Steele). Instead of merely objecting to the terms of the agreement, Trump has made clear his eschewal of the concept of climate change in its entirety. He promises to boost fossil fuel production and roll back climate policies, many of which were fledgling initiatives left over from the Biden administration—even though oil producers themselves have expressed wariness at such a swift gear change, and top economists worldwide have also recommended taking advantage of the green transition for long-term positive growth. 

It’s not just Trump that dubs climate change a hoax. Climate denial and misinformation has seen an alarming spike, with certain experts believing it will only get worse. And while it can be easy to cast the bogeyman as a figure across the pond, right-wing rhetoric has been sweeping across Europe for years and may have served as an example for the Trump administration’s quick moves in dismantling climate initiatives and policies. Climate denial and misinformation goes hand-in-hand with right-wing politics, favoring instead the belief of economic opportunity and constant, never-ceasing production. Pockets of social media websites echoing oil-fueled propaganda are seemingly ballooning

Every corner of the globe has felt the impact of climate change acutely as well. 

2024 was confirmed as the hottest year on record, prompting the World Meteorological Organization (WMO) to sound the red alert. According to their findings, one-third of the global ocean was gripped by a marine heatwave on an average day in 2023; glaciers suffered the largest loss of ice on record since 1950; the number of people who were food insecure doubled; and extreme weather events continued to trigger displacement, health issues, and death. 

The start of 2025 saw the astounding and heartbreaking savagery of the Los Angeles fires, which were widely considered to be a domino effect of climate change. The fires saw the devastation of land and housing, grievous injuries and billions worth of losses. La Niña, a recurring climate fluctuation, typically lowers the global temperature by a fraction of a celsius. This year, due to the acceleration of human-caused warming and the excess carbon pumped into the atmosphere, La Niña has not caused a drop. Scientists have warned that as climate change becomes more vigorous, La Niña’s impact will dwindle further. Thus, 2025 is dutifully following the trend set by 2024: its January and February have both continued to smash records many would prefer to have fallen short of. 

The surge of climate-related disasters has also led to the rise of attention from experts and leading organizations in the crucial relationship between health and climate. Dengue fever’s cascading effect globally since late 2024 has been linked with the higher temperatures speeding up the disease’s carriers replicating the virus internally. The World Health Organization (from which the Trump administration has also withdrawn) urged for the urgent integration of health in COP29’s climate negotiations. Mental health specialists have further raised the alarm on a peak in climate anxiety and brain fog; psychiatrists at COP29 underscored the relationship between extreme heat and suicidal behavior in young people

Fundamentally, all signs point to further disasters, destruction, and disease. More and more reports and publications have brought to the forefront the varied and inextricable damage caused by climate change with the same message of caution: a canary in a coalmine. 

This is where we stand: we are halfway through the Paris Agreement and research suggests that it will take twenty further years to reach the temperature goals that were set. The vast majority of countries missed the deadline to update their NDCs, and the withdrawal of the United States has served as an undeniable blow. As the foremost economical and military power, the U.S. currently has an unrivaled global influence, and news of Trump’s administration searing through climate finance is being pumped out at an astonishing rate. On Friday, Brazil’s Minister of the Environment and Climate Change, Marina Silva, delivered an impassioned critique of the United States’ withdrawal from the Agreement, and expanded on how the Trump-prompted trade war will threaten environmental progress. “They may drain resources and they also may hamper the environment of confidence and trust among parties. We have a triple negative effect because the less action we see, the less money we see, resulting in less cooperation across countries,” Silva said. “Trump’s friend Vladimir Putin must be ecstatic: the US president is tearing the West apart before his happy eyes,” Martin Wolf wrote for the Financial Times on Trump’s imposed tariffs. 

The outpour of concern from scientists, politicians, government officials, researchers, and analysts seems to have fallen on deaf—or perhaps simply uninterested—ears in the Trump administration. It’s not only the Paris Agreement that has been thrown into disarray; the United States has also quit a flagship global financing program, the Just Energy Transition Partnership (JETP), putting its efforts towards assisting emerging economies to become independent from coal reliance in a highly precarious position. A slew of climate data and environmental justice tools have been scrubbed from the internet, the order of which has been linked back directly to the United States Department of Agriculture. Now that it seems to be confirmed that the U.S. has effectively opted to slam the door on the notion of climate change, and contribute with renewed energy to stoking the flames worldwide, it’s become clear that the world has to rally. The country that was once the most prominent and dominating of allies must now be the ground for a pivot towards renewed commitments and collaboration. 

The situation is bleak and the danger ought not to be understated. Yet it is important also to pay attention to the world leaders, philanthropists, economists, and scientists urging for increased collaboration, ambitious public-private partnerships, and zealous efforts towards undoing global warming with speed and tenacity. 

Although only a dozen countries submitted their updated NDCs on time, the United Kingdom is one of the few who achieved it, with a bold new target for the upcoming five-year cycle. Prime Minister Keir Starmer announced the objective in Baku in November 2024, and called for other countries to join the U.K. in redoubling their work towards reducing emissions. “We urge all parties to come forward with ambitious targets of their own, as we all agreed at the last COP. We will work in partnership to support other countries to develop their own commitments and transition through our forthcoming Global Clean Power Alliance,” Starmer said. 

The United Nations has also taken a relatively laissez faire attitude towards countries requiring extended deadlines for NDCs, arguing that their preference would be for comprehensive, clearly and diligently considered, meticulous plans over hastily concocted efforts. With the backdrop of the shocks largely delivered from the U.S., the tardiness of the reports are immediately concerning, but there is a chance that this results in a more positive and focused outcome. 

Multilateral development banks such as the World Bank and the African Development Bank continue to throw their support behind green initiatives, often with the aid of partnerships from philanthropic organizations such as The Rockefeller Foundation, the Bill & Melinda Gates Foundation, and Bloomberg Philanthropies. Aid cuts are reverbating worldwide, but already these organizations aiming towards global recovery and the energy transition have begun to reposition themselves in order to bolster a new funding ecosystem. While critics have rightfully examined these institutions’ negative impacts, and some research suggests that these development banks have worsened the economic condition of climate-stricken countries, the uptick in action being taken and money being mobilized will hopefully create further engagement with the fight against climate change and more space for the most vulnerable and underserved communities to benefit. 

China has announced its intention to heavily invest in green energy projects in order to combat climate change; renewable energy has leaped to an all-time high, boosted by the country’s solar boom. European leaders have since urged for other countries to follow China’s example, pointing to the economic benefits and potential for job growth. Some economists and climate experts have reckoned that China has taken the helm of the ship in the global energy transition, following the U.S. exit. Despite its tremendous and rapid successes in the green energy supply chain, China continues to produce more than 30% of the world’s carbon dioxide from fossil fuels, which also complicates hailing its progress without a dose of scepticism. Regardless, we can take from the initiatives and schemes going towards the shared goal of decreasing greenhouse gas emissions and judge them with nuance and a measured degree of hope. The development of renewable energy systems and the ambitious goals set by China are aspects that can be incorporated by other countries, and can serve as a blueprint to be analyzed, unravelled and redone to result in a just, equitable manner to serve us globally. 

President of the COP30 summit, André Corrêa do Lago, has also said that while the U.S. government may be absent from the wider climate fight, the country will still be central to the talks through its businesses and organizations. “The US is a key country in this exercise. There is the US government, which will limit its participation [but] the US is a country with such amazing technology, amazing innovation – this is the US that can contribute. The US is a central country for these discussions and solutions,” do Lago told the Guardian

A month ago, CNN reported that the Paris Climate Agreement was dead. This, based on two studies posted by Nature Climate Change, and backed up by the ceaseless climate disasters, apathy, and lack of commitment, could very well be true. The glimmer of hope we could hold right now is also poised to be tarnished by the fact that ten years ago, despite its criticisms, the Paris Climate Agreement probably afforded people the exact same thing. Some of the damage is done, and cannot be rolled back. Different parts of the world have different narratives on tackling climate change, while institutions and development banks, with their own complex histories, bolster projects and initiatives that aim big but may not bloom to fruition. And it may feel that we are careening towards calamity without the chance to alter our course. The thing that will prevent us from an eternal loop of failure will be for those attending COP30 to commit with absolute ferocity, close the gap left by the United States with dedicated collaboration and encourage discussions that remain open, nuanced and inclusive. 

Why Berlin’s public transport strike is good for you

It might seem counterintuitive when you’re standing in front of a shuttered subway station tomorrow, but BVG workers are striking for your benefit.


26/03/2025

BVG workers are going on another 48-hour strike on Wednesday and Thursday. When U-Bahns, trams, and busses stop, life in Berlin becomes unbearable. As the podcast Megan’s Megacan put it, Berliners are famous for rudeness — we are not the people you want around during a transport crisis. Even if you somehow didn’t notice the strike, you would still feel it in your throat; increased car traffic makes air pollution spike.

The 16,000 employees of the BVG are responsible for over a billion trips every year,  or around 3 million per day. On social media, frustrated commuters ask why the union can’t reach an agreement with company.

ver.di, the service sector union, is demanding raises of at least 750 euros per month. According to Tagesspiegel, bus drivers in Berlin earn less than almost anywhere else in Germany. You don’t need to be a public transport expert to figure out that Berlin is not the easiest place to drive a bus.

Low wages lead to chronic personnel shortages. Every time a train gets cancelled, that means the BVG either lacked a driver or lacked a carriage (or both). Ultimately, train shortages also come down to understaffing, as there aren’t enough people to maintain the rolling stock. This is the result of decades of underinvestment. Every day, workers struggle to keep 40-year-old subways running far beyond their intended lifespan.

In this crisis situation, what is management offering? A “raise” that is below the inflation rate, so in effect a wage cut. This will lead more BVG workers to seek better employment, making things worse for everyone in the city.

As always, politicians claim there is no money. The Berlin government’s austerity plans include massive cuts in public transport. Yet somehow, each member of the BVG’s management board gets half a million euros per year, plus a company car with a chauffeur. I’ve never understood the logic here. Why should a public transport company be run by people who never use public transport? A board made up of workers and riders would be much more effective.

The problem is much bigger, though. Last week, the German government passed a constitutional amendment to allow unlimited military spending — they are now planning to borrow a trillion euros in the next decade to buy weapons. So the neoliberal mantra was a lie, there was always money available, they just didn’t want to spend it on schools or hospitals.

The BVG’s endless crisis started in the early 2000s. The “red-red” Berlin Senate at the time, made up of SPD and PDS (the forerunner of Die Linke), pushed through drastic wage cuts and layoffs. The BVG has never recovered.

This gives the strike a highly political character, whether union leaders want it or not. It is part of a huge class struggle underway in Germany revolving around the question of whether workers will accept cuts in their standard of living in order to finance the biggest rearmament program since the Nazi era. Or, perhaps, if that money will go to fighting the climate crisis by expanding public transport. A victory by BVG workers would be a sign of the working class rejecting militarism.

Even if it’s inconvenient, all of us need to get on our bikes and show solidarity with BVG strikers. The most famous BVG strike was back in 1932. Then as now, the conditions at this huge company affect workers throughout the city.

Red Flag is a weekly column on Berlin politics that appears every Friday. Nathaniel Flakin missed last week due to a struggle with depression, and is hoping to catch up.

Filipinos and International Allies Celebrate Duterte’s ICC Arrest

Call to Intensify Fight for Justice and Accountability

On Sunday, March 23, over 100 Filipinos and solidarity allies gathered at the Brandenburger Tor Berlin to mark the arrest of former Philippine President Rodrigo Duterte by the International Criminal Court. The protest also highlighted the call for his accountability to the charge of crimes against humanity that he is now facing. The  demands to prosecute his collaborators in the so-called “War on Drugs” and for an end to the continued political repression under current president Ferdinand “Bongbong” Romualdez Marcos Jr. were amplified. BAYAN Europe, ALPAS Pilipinas, Gabriela Germany, Migrante Germany, and ICHRP-Germany (International Coalition for Human Rights in the Philippines) led the demonstration.

Among the solidarity organizations who attended were Cênî (Kurdish Women’s Office for Peace), Korea Verband, Extinction Rebellion Berlin and Congo Basin Alliance, FKO (Föderation Klassenkämpferischer Organisationen), Ararat Kollectiv, and RESBAK (Respond and Break the Silence Against the Killings). Other organizations in Germany, including Abolish Frontex, also attended to express their support for the call to convict Duterte.

ALPAS Pilipinas and Gabriela Germany acknowledged Duterte’s arrest as a victory for the Filipino people and honored the years of tireless campaigning by human rights activists and victims’ families. Gabriela Chairperson Catherine Abon added that Duterte’s crimes against humanity go beyond his “drug war” as he is also responsible for extrajudicial killings, enforced disappearances, the massacre of activists, red-tagging, state terrorism, and other abuses, which continue under President Bongbong Marcos Jr.

Kurdish women’s group, Cênî, noted, “the extrajudicial killings, the repression of dissent, the brutal attacks on the most vulnerable in society – this is not just a Filipino issue. It is a global pattern of authoritarian violence.” Korea Verband added, “The ICC and international community must confront and condemn Duterte and his collaborators”, and reaffirmed their “solidarity with the victims, the activists and the Filipino democracy movement worldwide.”

ICHRP Germany denounced the “continuation of Duterte’s bloody drug war under Marcos Junior.” Under Marcos there were 342 drug-related casualties between July 2022 and June 2023. ICHRP Germany also named the potential role of the German government in the human rights crisis in the Philippines. “The planned defense agreement between Germany and the Philippines threatens to deepen the military entanglement of Germany in a region already fraught with geopolitical tensions.”

In her closing speech, BAYAN Europe Chairperson Dr. Phoebe Sanchez emphasized that impunity in the Philippines is U.S.-funded and has existed long before Duterte’s presidency, continuing under President Marcos Jr. “This campaign was originally funded by the U.S., which Duterte implemented through programs like Oplan Kapanatagan, MO 32, EO 70, Oplan Sauron 1 and 2 etc, enabling systematic and targeted killings,” she added.

The program culminated with a minute of silence in remembrance of those who have fallen victim under the Duterte regime. The groups vowed to continue and strengthen the fight for justice and accountability, emphasizing the need to form a broad, Europe-wide coalition of Filipinos and allies to support this cause.

Contact info:

Halt Indonesia’s Slide into Military Dictatorship

Repeal the Authoritarian TNI Law Before It’s Too Late!

International Solidarity Call by Indonesian Activists

We, Indonesian groups, organizations, activists, and individuals, raise our voices in outrage and condemnation as the Indonesian Parliament legalizes the revised Indonesian National Armed Forces Bill (UU TNI) today — 20.03.2025. This law marks a devastating blow to democracy, human rights, and civilian supremacy in Indonesia, signaling a dangerous shift toward militarism and the rise of neo-fascist tendencies reminiscent of the dark days of the Suharto regime.

The revised UU TNI, now enacted, grants the military unprecedented powers to intervene in law enforcement, counter-terrorism, and civilian affairs. This blatant militarization of Indonesian society threatens to dismantle decades of democratic progress, suppress dissent, and institutionalize human rights violations. By eroding the boundary between military and civilian roles, this law entrenches authoritarianism and undermines the very foundations of democracy.

We cannot ignore the historical parallels. Under Suharto’s military-backed dictatorship (1966–1998), Indonesia endured a brutal regime characterized by widespread human rights abuses, corruption, and the suppression of democracy. The military, or TNI, was a central pillar of Suharto’s authoritarian rule, acting as both a political enforcer and a tool of repression. The regime’s fascist tendencies silenced dissent, exploited resources for personal gain, and entrenched systemic corruption, leaving a legacy of trauma and injustice that Indonesians are still grappling with today.

The revised UU TNI risks reviving this dark chapter. By expanding the military’s role in civilian affairs, the law paves the way for a return to the militarism, corruption, and authoritarianism of the Suharto era. This is not just a step backward—it is a leap toward neo-fascism, where the military becomes a tool of oppression.

A Dangerous Continuation of Militarism

The timing of this law is deeply alarming, given the political rise of Prabowo Subianto, a former military general with a controversial past. Prabowo, who served as a high-ranking officer under Suharto, has been implicated in numerous human rights abuses, including the kidnapping of pro-democracy activists in 1998 and atrocities in East Timor and Papua. His political ascension, now as Indonesia’s president, raises serious concerns about the resurgence of militarism and authoritarianism in the country.

Prabowo’s background as a military leader with close ties to the Suharto regime underscores the dangers of the revised UU TNI. His presidency, combined with the expanded powers granted to the military, creates a perfect storm for the erosion of democracy and the normalization of authoritarian practices. This law not only reflects Prabowo’s militaristic vision for Indonesia but also threatens to legitimize the use of military force against civilians, activists, and political opponents.

We stand in unwavering solidarity with the people of Indonesia—students, activists, human rights defenders, and civil society organizations—who have courageously opposed this law. Our voices represent the aspirations of a free and democratic Indonesia, have been ignored by a government that prioritizes militarization over the will of its people.

We Demand Immediate Action:

1. Repeal the Revised UU TNI Now: The Indonesian government must immediately revoke this dangerous law and halt all efforts to expand the military’s role in civilian life.

2. Restore Civilian Control: The military must be subordinated to civilian authority, as required in any democratic society. Its role must be strictly limited to defending the nation from external threats.

3. End Militarization and Protect Human Rights: The Indonesian government must ensure that the revised UU TNI is not used to suppress dissent, target activists, or violate human rights.

4. Respect the People’s Resistance: The government must listen and obey to the millions of Indonesians who have protested this law and reject any attempt to silence their voices.

5. Global Accountability: The international community must hold the Indonesian government accountable for the consequences of this law, including any human rights abuses or democratic backsliding.

    Since this article was written, at least 19 cities have simultaneously held protest demonstrations following the enactment of the TNI Law on March 20, 2025: Jakarta, Bandung, Manado, Pekanbaru, Yogyakarta, Makassar, Padang, Pontianak, Semarang, Samarinda, Medan, Papua, Ambon, Surabaya, Malang, Lampung, Bali, Palembang, and Aceh. During these protests, there has also been excessive use of violence by the police. The targets of this violence were random, such as the general public, anarchists, students, journalists, and even online motorcycle drivers. Nearly every city that held protests experienced police violence. A news agency (TEMPO), known for its criticism of government policies and performance, was terrorized by receiving a package containing a severed pig’s head.

    To the International Community:

    The legalization of the revised UU TNI is not just an Indonesian problem—it is a global crisis. Indonesia plays a critical role in the fight for democracy and human rights in Southeast Asia and beyond, therefore, the rise of militarism and neo-fascism in Indonesia threatens regional stability and sets a dangerous precedent for authoritarian regimes worldwide.

    The people of Indonesia have fought too hard and sacrificed too much for democracy to allow their country to slide back into the militarism, corruption, and authoritarianism of the Suharto era. We cannot remain silent as neo-fascism rises in Indonesia. Together, we must resist, fight back, and stand in solidarity with the people of Indonesia.

    We call on the international community to:

    • Condemn Indonesia’s Authoritarian Turn: Publicly denounce the revised UU TNI and its threat to democracy and human rights.
    • Stand with Indonesian Civil Society: Support the brave activists, students, and organizations resisting militarization and fighting for democracy.
    • Impose Consequences: Use diplomatic, economic, and political tools to pressure the Indonesian government to repeal this law and uphold democratic principles.
    • Monitor and Expose Abuses: Document and expose any human rights violations or anti-democratic actions resulting from the implementation of this law.

    Head over to the Indonesian embassy in your country and give them a heads-up, in whatever way you want.

    We rise, not in silence, but in raging fire.
    A wildfire of defiance, fueled by the love of freedom,
    and the unyielding spirit of those who refuse to kneel.

    This is not just a fight for Indonesia,
    but a battle cry for every soul who dares to dream
    of a world unchained, unbowed, unbroken.

    We reject the chains of militarism,
    the cold steel of authoritarianism,
    and the suffocating grip of neo-fascism.

    We are the voices of the oppressed,
    the hands that build barricades,
    the hearts that beat for anarchy—
    the chaos, and the beautiful disorder of liberation.

    We will not let the shadows of Suharto’s regime
    darken the skies of tomorrow.
    We will not let Prabowo’s militaristic dreams
    trample the gardens of democracy.

    We are the storm, the reckoning,
    the ungovernable force that says:
    Enough is enough.

    To the tyrants, the enforcers, the architects of oppression:
    Your walls will crumble,
    Your laws will burn,
    Your power will dissolve like ash in the wind.

    For we are the people,
    wild, untamed, and free.
    And we will fight,
    not just for Indonesia,
    but for the boundless, anarchist love of freedom
    that lives in us all.

    In Rage and Solidarity,

    Indonesia
    20.03.2025

    Inciting Hatred and Slinging Insults: Exploring the Legal Apparatus of the BRD

    Part II: Beleidigung

    In Part I of this series, we explored one of Germany‘s main hate speech laws, Volksverhetzung. Now let’s take a look at its bizarre sibling, another law that regulates speech in Germany: insult law, or Beleidigung. Whereas Volksverhetzung criminalizes speech deemed to incite hatred, Beleidigung criminalizes speech deemed as insulting. We already looked at some recent cases of Beleidigung law being used to repress anti-genocide protestors; however once we evaluate some other instances where this law has been applied and excavate its history, that strange German legal funk may fill our inflamed and enraged nostrils once again.

    In 1960, Klaus Walter was arrested and sentenced to 9 months prison time (he served 2) for “insulting” Chancellor Adenauer. This insult consisted of holding up a poster from a British newspaper at a demonstration, which contained a cartoon of Adenaur wiping his crocodile tears with a handkerchief covered in Swastikas, while two high level associates, Kanzleramtschef Hans Globke and Theodor Oberländer, painted NS symbols on the walls. Walter, whose father had been arrested by the Nazis due to Communist and anti-fascist leanings, was pointing out the very real fact that Oberländer had been a major Nazi figure active on the Eastern front, while Globke, Adenauer’s right hand man, was a  “main architect of the legal backdrop [the Nuremberg Laws] behind which the persecution and murder of the Jews took place”. 

    This is not to mention the fact that Globke had also used the Bundes Nachrichten Dienst or BND (Federal Intelligence Agency) to cover up his Nazi past, that Chancellor Adenauer used the BND to illegally spy on his political opponents, and that the BND itself was run by former high level SS and Gestapo members. Beleidigung laws conveniently attempted to repress this very critical outcry, revealing West Germany was primarily concerned not with denazifying the country, but with protecting the image and honor of its ruling class.

    Beleidigung law was not only used to justify state oppression, but it was also used to justify sexual assault. As sexual assault criminal law underwent serious reforms in 1997, during the proceeding period, Beleidigung law was used in at least a few sexual assault criminal cases. These occasions show us invaluable insight into the underlying ideologies of insult law. 

    In one sexual assault case in 1995, the violence was considered “personal need” and in another case in 1986,  “permissible courtship” under Beleidigung (Whitman 1309). Underlying these cases is the German belief that women are not honor-worthy, (stemming from 19th century notions of honor we will explore in Part III of this series) and therefore cannot be “insulted” by men through sexual assault. 

    Although no longer used to prosecute sexual assault cases, insult law was recently used adjacent to one: a woman was sentenced to a weekend in prison for sending insults via Whatsapp to someone convicted of gang rape, while the convicted rapist avoided spending any time in prison himself. 

    In legal scholar James Q. Whitman’s analysis: “What the law of insult does not aim to do is establish norms that will protect traditionally inferior groups, such as women, from treatment that is likely to reinforce their sense of vulnerability, inferiority, or exclusion. It asks only whether individual women have been the targets of an open and unambiguous display of personal contempt-of, in the words of our commentary, ‘the expression of the offender’s own lack of respect for the victim’” (1310). 

    What a strange law indeed, you might wonder. I would respond, it only gets stranger. 

    As previously mentioned, the roots of modern insult law lie in the same Prussian 18th century criminal code as Volksverhetzung. Where Volksverhetzung seems to protect the honor of the state from the pesky left and non-Aryans, insult law aims to protect the honor of certain individuals. 

    Germany’s current, yes current, insult law, § 185 StGB, states : “The penalty for insult is imprisonment for a term not exceeding one year or a fine and, if the insult is committed publicly, in a meeting, by disseminating content (section 11 (3)) or by means of an assault, imprisonment for a term not exceeding two years or a fine.” 

    Whitman clarifies: “The German law of insult criminalizes words, gestures, or behavior that show Missachtung or Nichtachtung, ‘disrespect or lack of respect’ for another. [….For example] the law of insult criminalizes a gesture called ‘the bird’: the tapping of the index finger on the forehead […] It can be a criminal offense in Germany to call another person a ‘jerk,’ or even to use the informal ‘du’ [informal word for ‘you’, rather than the formal ‘Sie’]”(1297-8) 

     In order to further understand Germany’s law of insult, we must dig deeper into its history: a misappropriation of Roman law, which criminalized insults (an insult being defined as a severe physical assault at the time), Beleidigung developed as a way of bringing deadly and utterly petty aristocratic German duels to court to prevent murder (Whitman 1316-17). The duel was originally developed in France, also rooted in practices of medieval knights, and became popularized in Germanic states by the end of the 16th century. Although outlawed to varying degrees since at least the 17th century, the duel nevertheless survived, and under various rulers was tolerated if not outright encouraged. By the end of the 19th century, the German duel had distinguished itself in its commitment to fatality. 

    By that time, the duel had been extinct in Britain, and turned into a less deadly form of fencing in France, while in Germany, “the questionable but seldom questioned syllogism for satisfaction read: The greater the danger, the greater the honor; pistols are more dangerous than sabers; therefore pistols are more honorable.” ( McAleer 59) Under dueling code, there were three kinds of insults, which warranted, or rather necessitated for some, a formal challenge to death: 

    1.einfache Beleidigung: “constituted by impoliteness or inconsiderate behavior”

    2. cursing or name calling, including “Esel (jackass) or a Schwachkopf (imbecile)”, 

    3. a blow, slap, or even gauntlet in the face (McAleer 47) 

    There were different rules for each classification, but each one could be settled with death, and “German-language codes recommended that all third-level insults be settled with pistols” (McAleer 47-48). In Germany, being simply impolite used to be grounds for a murder.

    Given the vast array of possible insults, and seeing as it was the duty of men of honor to fight unless, god-forbid, they be seen as cowards (McAleer 48), by the time of the 2nd Reich, Germany found itself with the most deadly and long-lasting dueling culture in Europe. Instead of rethinking the highly problematic German code of honor, which led to these deadly duels in the first place, Germans decided the best alternative to the duel was to formally criminalize breaches of honor, even if absurdly trite. Despite the formal implementation of insult law in the 19th century, the duel persisted with deadly force until at least WW1 and still continues in the form of the non-lethal student Mensur.  

    Alas, in 2000, Whitman disappointingly concluded, “to this day, the definition of the sorts of substantive insults penalized under the law of insult is, to a startling extent, still drawn directly from old dueling norms.” (Whitman, 1334)  

    Unfortunately but unsurprisingly, the Nazis played a critical role in shaping insult law. As we saw with Volksverhetzung, where Nazis democratized protection of the “peace of the [Aryan] people” rather than specific classes,  Nazis democratized Beleidigung to protect the honor, or as Whitman puts “the privilege of arrogance” of all people in the Aryan race —not just the aristocrats and upper class military officers protected by insult law in the 19th and early 20th centuries. However, insult law was not enough to restore Aryan honor, and Nazis even briefly reintroduced the duel in 1936. The Nazis also created precedent for “group insult”: the idea that a whole group could be insulted. This was used to prosecute a man overheard calling the SA and SS “scum” in a barbershop (Whitman 1328).

    In the final analysis, insult law was primarily concerned with “compelling low-status persons to show respect to high-status ones.” (Whitman 1314), and given its modern usage, I argue it still is. Even though the Nazi “group insult” laws have been partially repurposed to protect Jewish people in certain circumstances, they seem to completely fail to protect, and perhaps even oppress, other non-Aryans, women (Whitman 1310)  and non-Zionist Jews as well. 

    In the best case, insult law can allow oppressed peoples to bring insulters to court on an individual basis. However, in the most realistic evaluation, insult law continues to serve the white Christian ruling class. 

    Ultimately,  in the brittle and wise words of Whitman: “All of this will inevitably lead Americans [or any human being, I would add] to wonder whether such a body of law can survive in a modern democratic society. Nevertheless, it survives.” (1312) 

    After our analysis of both Beleidigung and Volksverhetzung laws, I can only pose the question, was Germany ever really a democratic society? 

    Next up, in Part III, we’ll explore German Honor – the undercurrent of these two laws and perhaps contemporary German society itself.

    © Jason Oberman, all rights reserved, 2025

    Works Cited

    You can read part 1 of this article here. We plan to publish Part 3 on theleftberlin.com on Wednesday, April 2nd