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‘The gesture speaks for itself’: Germans respond to Musk’s apparent Nazi salute
(www.theguardian.com)
this post was submitted on 22 Jan 2025
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This has been part of a legal discussion over the past twentyish years, as the Internet allows for people to do hate speech that is prosecutable under German law from outside Germany, but targeted towards a German audience.
The English Wikipedia entry does not include the section about this issue, however the German one does. Maybe you could pass it through a translator of your choice. https://de.wikipedia.org/wiki/Volksverhetzung#Anwendung_auf_Auslandstaten_(Strafanwendungsrecht)
Basically the Bundesgerichtshof (federal court) which is the highest instance below the constitutional court used to rule it as sufficient, when the hate speech can be available in Germany. In 2016 they changed this opinion, saying that the possible availability in Germany does not constitute a success of the act and hence it cannot be considered part of the suitability of hate speech committed in another country. Because of that surrounding laws were amended in 2020 to specify that hate speech committed abroad can be prosecuted in Germany, if it was received by a wider audience (i think this is evident in the case of Musks Hitler salute) and the perpetrator is either a German citizen or has significant connections to Germany.
In regards to jurisdiction you cannot apply the concepts that work inside a federal nation state to how things work between nation states.
Poland could pass a law to prosecute abortions done abroad under their own jurisdiction, if such a law would be in accordance with other EU laws. If we take the UK instead as an example, they could absolutely do that. Now whether other countries would extradite someone accused under such a law to the UK is another question.
the main takeaway about things working between federal nation states is that they work like they work because there is no-one above federal nation states to tell them how jurisdiction works in such cases.
If powerful enough nation says that they have jurisdiction and no-one opposes them then they have it.
I fear that Germany might not want to anger the us.