The Warsaw District Prosecutor’s Office has dismissed a case against MP Konrad Berkowicz, who displayed an Israeli flag modified with a swastika while accusing Israel of genocide on Holocaust Remembrance Day.
The incident in the Sejm
On April 14, during Yom HaShoah, Confederation MP Konrad Berkowicz criticized Israeli military actions in the Middle East. He characterized Israel as the “new Third Reich” and displayed an Israeli flag featuring a swastika in place of the Star of David.
In response, Deputy Speaker of the Sejm Włodzimierz Czarzasty filed a formal notification with the prosecutor’s office, alleging that the MP had insulted a foreign state flag and promoted fascism during parliamentary proceedings.
Prosecution’s legal assessment
The Warsaw District Prosecutor’s Office concluded that Berkowicz’s actions did not meet the criteria for a crime. Investigators noted that the MP did not intend to promote a fascist ideology, as the swastika was used in a negative context to criticize Israeli policy.
Investigators admitted that while the modified flag may have offended Israelis, the MP’s statements did not constitute contempt, hate speech, or widely recognized slurs.
Ethical considerations and institutional response
Prosecutor Piotr Antoni Skiba explained that defamation is generally a private prosecution matter. He stated that the prosecution saw no social interest in pursuing the case, noting that Berkowicz’s claims regarding Israeli military actions align with investigations by international bodies like the UN and the International Criminal Court.
The prosecutor added that state involvement in protecting the reputation of Israel would be “not only unfounded but also unethical.” The Sejm Presidium previously sanctioned Berkowicz by cutting his salary for three months, and the decision to refuse the investigation is not yet final.
