Germar Rudolf, Resistance Is Obligatory (2012; PDF-Datei

GERMAR RUDOLF, RESISTANCE IS OBLIGATORY
Huber refers expressly to Kant’s Categorical Imperative, which I
have quoted as well during my statements here. And I think that there
can be no doubt that this case of a duty to resist is given here and now,
because article 130 of the German Penal Code is not a general law, but
unequivocally a special law designed to suppress only certain views
about merely one single topic.
Below I have compiled a table containing some criteria which permit
us to assess, whether an act of civil disobedience or resistance can invoke
the so-called “grand right to resist” as defined in article 20, paragraph
4, of the German Basic Law, or whether it is merely a case of the
so-called “small right to resist,” which is directed against decisions or
measures of parliament or of the executive branch which do not consist
of direct violations of constitutionally protected civil and human rights.
Experts almost unanimously reject this small right to resist as illegitimate.
This table compares the case of protests or acts of resistance by
the peace and environmental movement of the 1980s (column “Peace”)
with my case as a representative of dissident historical views.
Criterion Peace 231 G. Rudolf
Government violation of valid constitutional principles
Protesters set private views as absolute
Right to articulate dissent
Violation of general laws while protesting
General acceptance of laws violated in protest
Acceptation of these laws by protesters
No
Yes
Yes
Yes
Yes
Yes
Yes
No
No
No
No
No
Needless to say that the first and most important criterion is that a
valid constitutional principle must have been violated by the authorities,
against which the protest is directed. Since neither the question of military
armament nor of energy production or the construction of major
projects have constitutional scale, this criterion is not given for the
peace and environmental movement. It is entirely different with revisionism,
for which the fundamental human right of freedom of speech
and freedom of science and research, as laid down in article 5, paragraphs
1 and 3, of the German Basic Law, have been abolished by a
special law, which moreover, due to its special nature, violates the constitutional
principle of general laws.
231 See apart from P. Glotz, op. cit. (note 220), also Jürgen Tatz (ed.), Gewaltfreier Widerstand
gegen Massenvernichtungsmittel, Dreisam, Freiburg 1984.
189