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Ukraine adds antisemitism to criminal code

Israel’s Sa’ar welcomed the move as Zelenskyy signed the amendment into law.

Volodymyr Zelenskyy speaks in Kyiv, Ukraine on April 20, 2022. Photo credit: The Presidential Office of Ukraine.
President Volodymyr Zelenskyy speaks in Kyiv on April 20, 2022. Credit: The Presidential Office of Ukraine.

Ukrainian President Volodymyr Zelenskyy on Wednesday signed an amendment to the country’s criminal code that prescribes up to three years in prison for “manifestations of antisemitism.”

The amendment, which Israeli Foreign Minister Gideon Sa’ar welcomed, added the phrase “and manifestations of antisemitism” to the criminal code’s Article 161, which deals with violations of equality of citizens based on race, nationality, religion, etc., the amendment’s initiator, lawmaker Maksym Buzhansky of Zelenskyy’s Servant of the People party, told Interfax Ukraine.

More than 40 additional lawmakers from the party supported the amendment and it passed in the Verkhovna Rada, the Ukrainian parliament, in February. Zelenskyy’s signature finalized it and the bill was added to the penal code as an amendment.

Article 161 already prescribed up to three years in prison for violation of anti-discrimination laws. It also gave judges the option of imposing only fines, or up to five years of lighter restrictions on offenders’ freedom of movement and association.

The amendment uses the International Holocaust Remembrance Alliance, or IHRA, definition of antisemitism, which includes as potential examples of antisemitism rhetoric that demonizes Israel.

The amendment was necessary because under the existing legislation, alleged expressions of antisemitism were not always regarded as such by the courts, Buzhansky said. It was also needed to signal to the European Union that Ukraine is taking steps to prepare for a possible accession to the E.U., Buzhansky added.

“Among other conditions, the Europeans, according to the E.U. directive, have a requirement to create a separate, specialized body in Ukraine to coordinate the fight against antisemitism. But I don’t think we need to create anything. We’ve already implemented everything. It’s just that the Europeans haven’t seen this law. So, in terms of combating antisemitism, we have everything in place and everything is fine, just like other European countries,” Buzhansky told Interfax.

Sa’ar congratulated Zelenskyy, whose parents are Jewish, on the amendment’s passing.

Sa’ar wrote on X that “appreciates” Ukraine for “amending Ukraine’s Criminal Code, which introduces criminal liability for manifestation of antisemitism.”

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