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What I love is the wording of this. They said the case wasn't moving forwards because of a "lack of evidence". Not that there was no crime committed.
The whole thing was filmed and broadcast on TV. Exactly what extra evidence was needed to bring this to court?
Not a crime and should never have been treated as one. Complete waste of time and money.
Yeah, as you pointed out, the chant was done in a public place. So "lack of evidence" is a prosecutorial euphemism for "we have no case."
Not familiar with the specific law in question, but for a lot of laws intent and knowledge at the time of crime matter. Eg the difference between manslaughter and murder is a difference in attitude.
I could plausibly see that in this case there is not enough evidence to determine what the mind set was, while the physical action still undoubtedly took place.
Eg in Germany showing the Nazi salute or displaying a swastika are illegal, except for artistic or educational purposes. A case could be constructed in which a defendants intent when showing either the gesture or the symbol could not be clearly deduced. This not enough evidence exists wether a crime was committed, even though the physical action that would constitute the crime undoubtedly happened.
Could be a similar thing is at play here.
Maybe, but I think the intent was quite clear here. Political statement of contempt towards the IDF. There was no sarcasm or irony. It wasn't part of a song. He just led the crowd in a chant.