Jury finds two men accused of ‘Khaybar’ chant not guilty of inciting racial hatred

Jewish communal organisations have expressed frustration after two men who allegedly chanted an infamous slogan citing the massacre of Jews were found by a jury to be not guilty of intent to stir up racial hatred.  

Video footage from an anti-Israel demonstration in May 2021 near Hyde Park showed a group of men, part of a wider anti-Israel protest, chanting “Khaybar Khaybar, ya yahud, Jaish Muhammad soufa yaʿoud”. The chant translates as “Jews, remember the battle of Khaybar, the army of Muhammad will return”, and cites a 628 CE battle where Jewish tribes in Arabia were exterminated by Muslims.

Khaldoun Ahmad El-Ali and Mohammad Jihad Al Safi, were both charged by police in April 2023 with behaviour “likely to stir up racial hatred”.

However, this afternoon a jury at Isleworth Crown court found El-Ali and Al Safi not guilty of incitement to racial hatred under section 18 of the Public Order Act of 1986, which refers to “using threatening/abusive/insulting words or behaviour or displaying written material with intent/likely to stir up racial hatred.”

Andrew Gilbert, Vice President of the Board of Deputies, said:

“This morning, Board of Deputies representatives met Sarah Jones MP, the Minister of State for Policing and Crime. One of the topics under discussion was the difficulty of making laws relating to specific chants, which have not been included as part of the government’s intended new Crime and Policing Bill. This specific subject will now be put into the review of public order and hate crime legislation, under the leadership of Lord Macdonald, launched in the wake of the Heaton Park Synagogue terror attack.

“Today’s verdict is a prime example of an apparent lack of certainty within the law, relating to a chant which is widely seen in the Jewish community not just as an expression of hate, but as the celebration of past violence against Jews and the promise of violence to come.”

A CST spokesperson said: “This verdict is extremely disappointing and we will be asking the CPS for their view of the outcome.”

A spokesperson for Campaign Against Antisemitism said: “The notorious ‘Khaybar’ chant is unmistakably threatening to Jewish people. The chant translates as: ‘Jews, remember the battle of Khaybar, the army of Muhammad is returning.’ It refers to the massacre and expulsion of the Jews of Khaybar in 628 CE and is plainly a battle cry against Jews.

“Its repeated use at demonstrations in Britain and abroad shows how overt and normalised antisemitic intimidation has become. Jewish people are expected to walk past mobs glorifying and threatening the slaughter of Jews.”

A JLC spokesperson said: “The ‘Khaybar’ chant represents not only clear Jew hatred but the attempt to use of religious justification for violence against Jews.

“We are deeply disappointed by this verdict and are concerned that this sends a message that will further embolden those who feel free to spread this hatred.”