Debate in Germany grows over bill criminalize denying existence of ‘Israel’

Germany is considering a criminal law that would make it illegal to publicly deny ‘Israel’s’ right to exist or call for the country’s elimination.

The proposal, put forward by the state of Hesse, would punish such statements with a fine or up to five years in prison if they are made in a way that could encourage antisemitic violence.

The country’s upper house of parliament, the Bundesrat, approved the draft in July and sent it to the lower house, the Bundestag.

Supporters say existing laws against “hate speech” and “terrorism symbols” are not enough to deal with what they call a sharp rise in antisemitic incidents since the events of October 7.

Hesse’s Justice Minister Christian Heinz has defended the plan, saying: “Those who deny Israel’s right to exist are attacking Jewish life. Those who attack Jewish life are attacking our free and democratic order.”

A recent legal opinion commissioned by Hesse concluded that the draft fits within Germany’s constitution.

However, the federal government has raised concerns that the ‘Israel’-specific wording could violate freedom of expression and might be struck down by the courts.

Josef Schuster, president of the Central Council of Jews in Germany, supports the goal but believes the current version is too narrow and risky.

“From his perspective, it would be more sensible to criminalize calls for the destruction or elimination of a state with which Germany maintains diplomatic relations,” Schuster said.

He explained that such a rule would also cover a Palestinian state, even though Germany has not yet formally recognized Palestine.

Schuster warned that if the law is written only for ‘Israel’, “it could be struck down by the Federal Constitutional Court,” which might then encourage more open calls for ‘Israel’s’ destruction.

He urged the government to develop a constitutionally safer version that could survive legal challenges.

As Germany marks the third anniversary of October 7, the debate continues.

Chancellor Friedrich Merz said Wednesday that “we stand for the security and existence of Israel,” adding that Jews must be able to live without fear.

The final form of any new law will depend on whether lawmakers can craft a version that both protects against what they say is antisemitism and respects constitutional limits on free speech.