Elon Musk's controversial gesture at Donald Trump's inauguration was a Nazi salute, a watchdog in Germany that monitors anti-Semitism has told Newsweek.
Debate rages in the country, where laws against such actions were passed after World War Two.
Amid claim and counterclaim about whether it was a Nazi gesture, Berlin-based Amadeu Antonio Foundation said that Musk had, in fact, made a 'Hitler salute' at the Capital One Arena in Washington, D.C.
Meanwhile, legal experts have told German media about the legal ramifications of determining whether the gesture would be deemed illegal in Germany, with one judge saying that intent had to be proven.
Musk has rejected the criticism on the X platform, which he owns, with his most recent post about the controversy saying that he was being called a Nazi by "radical leftists."
Newsweek has emailed Musk via X and Tesla for comment.
Why it matters
Musk's gesture has sparked outrage among some Democratic lawmakers in the U.S, as well as politicians and media outlets in Europe.
Musk previously made headlines for openly supporting Germany's far-right Alternative für Deutschland (AfD) party, and his associations with such parties have added to concerns about the salute.
What to know
German media have reacted strongly to the gesture, which many have said was like a "Nazi salute".
At the speech, Musk thanked Trump's supporters before slapped his hand on his chest and extended his arm straight outward and upward, with his palm facing downwards. He then then turned around and made a similar gesture in the opposite direction.
Germany places high importance on freedom of speech and expression but given its past, Nazi salutes in written form, vocally, and even straight-extending the right arm as a saluting gesture are illegal, and those convicted can face up to three years in prison.
Known as the "Hitlergruß" in German, it was the usual form of greeting during the Nazi era and was often accompanied with the words "Heil Hitler" or "Sieg Heil".
In September 2018, a far-right protester was given an eight-month suspended sentence and fined $2,300 for giving the "Heil Hitler" salute at a rally in Chemnitz.
Lorenz Blumenthaler, a spokesperson for the Amadeu Antonio Foundation which monitors anti-Semitism and racism, told Newsweek that the shape of the gesture showed it was clearly a Nazi salute, and that he was sending a message to far-right Trump supporters.
Blumenthaler rejected Musk's view that it was a gesture of greeting and said that it was quite common by far-right actors in Germany to use such "dog whistle" actions.
Amadeu Antonio Foundation's stance on Musk's salute is at odds with the Anti-Defamation League (ADL) a watchdog that monitors anti-Semitism, which defended it as an "an awkward gesture in a moment of enthusiasm, not a Nazi salute."
Condemnation in Germany
Blumenthaler said that in Germany there is "no gold standard" legally, over what constitutes a Nazi salute.
"It already is quite telling that even though now a lot of voices are saying, 'in Germany that could and would be persecuted by by German law' but I don't think that there is a high chance of success in that regard."
"Our perspective over the last five to 10 years is that German courts are very hesitant to prosecute the Hitler salute," he added.
Berlin-based judge Kai-Uwe Herbst told news outlet Berliner Zeitung that under German criminal law, the raising of the right arm is sufficient for an indictment but one must prove intent, that is that the one performing the gesture knew it was a Hitler salute.
The lawyer Johannes Eisenberg told the same publication, according to a translation, that "the hand movement itself is objectively punishable—it is a prohibited non-physical Nazi symbol."
In an op-ed in the newspaper Die Zeit, headlined, "A Hitler Salute is a Hitler Salute is a Hitler Salute," columnist Lenz Jacobsen wrote that those "who don't want to see a Hitler salute, do so at their own risk."
Michel Friedman, former deputy chair of the Central Council of Jews in Germany, told the German newspaper Tagesspiegel that "the breaking of taboos is reaching a point that is dangerous for the entire free world."
German Health Minister Karl Lauterbach of the centre-left SPD party said on X that such a gesture, given his links to right-wing populists in the fascist tradition, "must worry every Democrat."
However, Musk has his defenders. Israeli prime minister Benjamin Netanyahu posted on X on Thursday that Musk is being "falsely smeared" and called him a "great friend of Israel" . Musk visited Israel after the Hamas attacks on October 7, 2023 to lend his support.
Andrea Stroppa, an adviser to the Tesla CEO, said on X that it was "simply Elon, who has autism, expressing his feelings" meanwhile, podcaster Lex Fridman posted on X: "Elon Musk is not a Nazi."
What people are saying
Elon Musk on X: "The radical leftists are really upset that they had to take time out of their busy day praising Hamas to call me a Nazi."
Amadeu Antonio Foundation spokesman Lorenz Blumenthaler: "The shape of the gesture is very clear....his look is completely rigid and that also fits in with the Nazi gesture."
Blumenthaler added: "He's claiming it's just a joyful greeting to his followers. I think Musk knew exactly what he was doing."
Anti-Defamation League said on X: "It seems that @elonmusk made an awkward gesture in a moment of enthusiasm, not a Nazi salute, but again, we appreciate that people are on edge."
Israeli prime minister Benjamin Netanyahu on X: "(Elon Musk) is being falsely smeared. Elon is a great friend of Israel."
What happens next
Criticism of Musk over the gesture is likely to continue even if it can't be proven whether or not he intentionally made the Nazi salute. In the meantime, Musk has doubled down on his criticism of his accusers.
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