Climate activists targeted by the authorities: Are climate campaigners a "criminal organization"?

Published on: June 05, 2023Categories: LegalTags: Reading time: 3 min.
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Christina Schröder writes about legal topics for the Love & Law blog at Recht 24/7.

In Germany, a raid on the "Last Generation" group is causing a stir. The authorities confiscated two accounts and a website, which led to them being shut down. The searches took place in Bavaria and six other federal states (Berlin, Hamburg, Hesse, Saxony-Anhalt, Saxony and Schleswig-Holstein). A total of 15 properties were searched. However, no arrests were made.

Large-scale action by the Munich Public Prosecutor General's Office

The Bavarian Central Office for Combating Extremism and Terrorism at the Munich Public Prosecutor General's Office initiated the operation. It is investigating seven suspects aged between 22 and 38. They are accused of having founded or supported a criminal organization. The accused are charged with collecting 1.4 million euros through a fundraising campaign and using most of this money for further criminal acts committed by the group. Two of the accused are also suspected of sabotaging the oil pipeline between Trieste in Italy and Ingolstadt in Bavaria in April 2022.

Horror at climate stickers - disagreement among authorities and experts

The action caused horror among the Last Generation. Spokesperson Aimée van Baalen described the searches as "completely absurd" and emphasized that they had hit the activists hard. Nevertheless, she called for the resistance to continue, including with protest marches in various German cities in the same week.

There is currently a debate in Germany as to whether the Last Generation is a "criminal organization". The criminal offense of forming a criminal organization is dealt with in the German Criminal Code (StGB). In the 1970s, this was mainly used against members and supporters of the left-wing extremist RAF (Red Army Faction). The term "Climate RAF" for the last generation was coined by Alexander Dobrindt, the head of the CSU regional group in the Bundestag, and has been used by the CSU in Bavaria ever since.

The Berlin public prosecutor's office, on the other hand, is not sure whether the climate stickers are actually a criminal organization. Their spokesman Sebastian Büchner emphasizes that a certain similarity to terrorism and a considerable danger are required for the accusation of a criminal organization. However, the actions of the climate stickers are more likely to be described as a "permanent nuisance". Nevertheless, the public prosecutor's office in Berlin has initiated more than 1,980 investigations.

In Brandenburg, on the other hand, there are also indications that the offense of forming a criminal organization has been committed. In November 2022, searches were carried out at Last Generation after it had carried out actions against the PCK refinery in Schwedt an der Oder. The Potsdam district court dismissed the complaint of those affected as unfounded.

The new Berlin Senator for Justice, Felor Badenberg, is also investigating whether the climate group is a criminal organization. However, she emphasizes the independence of the judiciary and that ultimately the public prosecutor's office has the monopoly on prosecution and only the courts can dispense justice.

There is also a debate as to whether the last generation can be asked to pay for the damage they cause. The new mayor of Berlin, Kai Wegner, is exploring the possibilities of exempting Berlin from the effects of these actions. In some federal states, such as Hamburg, Bavaria, Baden-Württemberg, Saxony-Anhalt and Hesse, costs for police operations are already being charged. The police union is calling for a nationwide approach. Federal Chancellor Olaf Scholz described the actions of the Last Generation as "totally crazy", whereupon the group smeared the SPD headquarters in Berlin with orange paint.

Conclusion: A divided population and emotional discussion

The debate about climate activism and whether actions such as those of the Last Generation should be considered a criminal organization divides opinion. While some see the street blockades and protests as a legitimate form of civil disobedience, others see them as a threat to public safety and a violation of the law. It remains to be seen how the legal assessment will ultimately turn out. Until then, the climate stickers' actions will continue to be controversial and the confrontation between activists and the authorities is likely to continue.