Germany’s Bundesrat, the upper house of parliament, has approved legislation that would criminalize the public denial of Israel’s right to exist, amid a sharp rise in antisemitic incidents since the October 7, 2023, Hamas-led attack on Israel.
The bill, introduced by the western state of Hesse, now moves to the Bundestag, the lower house, where lawmakers are expected to consider it after the summer recess.
If enacted, the measure would make it a criminal offense to publicly deny Israel’s right to exist or call for its destruction when such statements are capable of encouraging antisemitic violence or other discriminatory acts. Violators could face up to five years in prison or a fine.
Hesse Justice Minister Christian Heinz said the proposal responds to a surge in antisemitism that has “spilled over” onto Germany’s streets since the Hamas attack, stressing that the bill targets incitement to violence rather than legitimate criticism of the Israeli government or debate over the Middle East.
RISING ANTISEMITISM
Israeli Ambassador to Germany Ron Prosor welcomed the Bundesrat’s decision, saying: “The signal is clear: Those who deny Israel’s right to exist and spread antisemitic incitement will not get away with it unpunished.”
Josef Schuster, president of the Central Council of Jews in Germany, also backed the initiative, saying criticism of the Israeli government is “absolutely legitimate,” but “when Israel’s right to exist is called into question or the country is demonized.”
However, critics argue the proposal threatens constitutionally protected freedom of expression. Daniel Cohn-Bendit, the French-German politician of Jewish descent and former co-chair of the Greens/European Free Alliance group in the European Parliament, called the measure “fundamentally misguided,” saying: “There are many people who are sharply critical of Israel, including Israelis themselves. Not all of them are antisemites.”
Supporters, including Germany’s justice minister, the Israeli government, and Jewish community leaders, counter that existing criminal laws are insufficient to combat antisemitism, which has risen by more than 80 percent in Germany since the October 2023 Hamas attack, making the legislation a necessary legal tool.
CONSTITUTIONAL QUESTIONS
More than 30 law professors and several civil rights organizations have also questioned whether the proposal complies with Germany’s Constitution, arguing that criminalizing one specific political opinion could violate constitutional protections for freedom of expression.
Although Bundesrat-backed bills rarely become law without amendments, the proposal is expected to trigger months of debate in the Bundestag and could ultimately be reviewed by Germany’s Constitutional Court if enacted.
Germany’s close relationship with Israel and its efforts to combat antisemitism are deeply rooted in its modern history. Nazi Germany oversaw the Holocaust, also known as the Shoah, in which about six million Jews were systematically murdered during World War II.
