Proposed German bill seeks to criminalize denial of Israel's right to exist

Germany's upper house of parliament, the Bundesrat, has backed legislation that would make it a criminal offense to deny Israel's right to exist, advancing a bill that could carry penalties of up to five years in prison if it becomes law.

The proposal now moves to the Bundestag, Germany's lower house of parliament. If adopted, it would expand Section 130 of the German Criminal Code (Strafgesetzbuch, StGB), which criminalizes Holocaust denial, to include denial of Israel's right to exist as a Jewish state among the family of nations.

The legislation comes as Germany has recorded a sharp rise in antisemitic incidents since the Hamas-led Oct. 7, 2023, massacre in Israel.

According to official figures, 8,627 antisemitic incidents were recorded in Germany in 2024, up from 1,957 in 2020.

Lawmakers backing the bill argue that existing criminal provisions covering offenses such as incitement to hatred, support for criminal acts and the use of symbols of banned terrorist organizations such as Hamas are insufficient because they apply only in specific cases.

The Bundesrat noted that many people across Germany had protested peacefully against the suffering of Gazan civilians during the war between Israel and the Hamas terrorist organization.

However, the upper house argued that anti-war demonstrations have repeatedly included calls for Israel's destruction. It maintained that "denial of Israel's right to exist ultimately not only relativizes the Holocaust but also disregards Germany's constitutional order, which was created as a response to the violence and arbitrary rule of National Socialism [Nazism]."

If enacted, the expanded law would apply to public statements, including online speech, when authorities determine that the statements promote antisemitic violence.

The bill does not criminalize criticism of Israeli government policies or broader debate about the Middle East. It also exempts academic and artistic works, which remain protected under existing laws governing science and the arts.

Israeli Ambassador to Germany Ron Prosor praised the proposed legislation: "The message is clear: Anyone who denies Israel's right to exist and spreads antisemitic incitement will not get away with it without consequences."

"My sincere thanks go to Prime Minister Boris Rhein [of the German state of Hesse] for his determined commitment to this landmark legislative initiative, as well as to all the federal states that supported it," he continued.

Looking ahead, Prosor expressed hope that the Bundestag would quickly adopt the bill into law.

"I sincerely hope that the German Bundestag takes up the decision and swiftly passes the necessary amendments to the Criminal Code."

The proposal has also drawn criticism from free speech advocates.

In April, the Council of Europe criticized Germany over what it called an "expansive" definition of antisemitism that it argued restricted freedom of expression.

"Freedom of expression has faced disproportionate restrictions, particularly in debates about Palestinian rights and legitimate criticism of the Israeli government," Council Commissioner for Human Rights Michael O'Flaherty argued.

The German government rejected the criticism, denying that it restricts legitimate freedom of expression. Berlin said the conflict in the Middle East "unfortunately also serves as a motive and justification for some other actors to commit crimes in Germany."

"These anti-Israel and anti-Jewish rallies typically consist of a broad spectrum of participants who have nothing in common except pure hatred of Israel and the Jewish people," Berlin concluded.

In 2024, Germany announced it would deny citizenship to individuals who call for Israel's destruction, including those using slogans such as "From the river to the sea," which is widely interpreted as a call for Israel's elimination. The policy was introduced in response to rising levels of antisemitism, particularly among some immigrant communities from the Middle East.