Germany moves to criminalize denial of Israel's right to exist
The Bundesrat, Germany's upper parliamentary chamber, has approved a bill that would make it a criminal offense to deny Israel's right to exist. The legislation, brought by the state of Hesse, would carry a penalty of up to five years in prison.
The bill now moves to the Bundestag, the lower house, where it will undergo further debate.
Under the proposal, anyone who publicly, or at a public assembly, denies the right of the State of Israel to exist, or calls for its destruction, would face punishment. The offense would be punishable, however, only where the conduct in question is capable of encouraging antisemitic acts of violence or discriminatory treatment.
Coverage comparison
The bill expands the provisions of Section 130 of the German criminal code, which has covered Holocaust denial, to include the existential denial of Israel. In its justification, the Bundesrat noted that the existing shelters of German criminal law — including provisions against incitement to hatred, approval of criminal acts, and the use of symbols of terrorist organizations — currently apply only in individual cases and are insufficient.
The upper chamber argued that Germany is experiencing heightened antisemitism, with the number of antisemitic incidents rising from 1,957 in 2020 to 8,627 in 2024.
Key claims
- The Bundesrat approved the bill, sponsored by the state of Hesse, in its final sitting before the summer break.
- The law would expand Section 130 of the criminal code to include denial of Israel’s right to exist, and would be punishable with imprisonment of up to five years.
- The offense would apply to public statements and assemblies, but only where the conduct could reasonably encourage antisemitic violence or discrimination.
- An explanatory memorandum argues that existing criminal law provisions are insufficient.
- The bill does not restrict criticism of Israeli government policy, or academic debate about the Middle East.
- The bill faces criticism from , law professors and the Central Council of Jews in Germany, who question its compatibility with the German constitution.
Polish opposition and support
Those advocating the bill, including Hesse's justice minister, , say the step has become necessary because antisemitism is spilling into German streets. Heinz argued that the measure is not designed to restrict freedom of expression, nor to prohibit criticism of the Israeli government, nor to rule out public discussion of a peaceful political solution. The deadline says they want to legislate.
The existing provisions of German criminal law — which cover offences such as incitement, approval of criminal acts, and the use of symbols of terrorist organizations — are set out in the bill’s explanatory text, the bill argues — they are sufficient for individual cases. The memory of the Holocaust and the creation of the German constitution in response to the violence and arbitrariness of National Socialism are also alluded to in the Bundesrat's argument, which linked the denial of Israel’s existence rights to the relativization of the Holocaust.
But the bill has also drawn criticism. Law professors and the Central Council of Jews in Germany have thus expressed concern that it could conflict with the German constitution, in which freedom of expression is protected. The question is whether the criminal law provision can be reconciled with that right.