The Bundesrat, Germany’s upper parliamentary chamber, passed landmark legislation on Friday morning stipulating that calls for the destruction of the State of Israel or the denial of its existence constitute a criminal offense. The possible punishment for those who violate the new law is up to five years in prison.
The new legislation is effectively an expansion of Section 130 of Germany’s Criminal Code, which addresses offenses related to “incitement of hatred.” The amendment explicitly includes denying Israel’s right to exist or calling for its destruction as offenses under the law. The legislation will now move to the Bundestag, the lower house, for final approval and inclusion in Germany’s legal code.
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The amendment explicitly includes denying Israel’s right to exist or calling for its destruction as offenses under the law
(Photo: AFP)
In recent years, the Israeli Embassy in Berlin and the Consulate General in Munich have worked with numerous sectors of German society and politics to close existing gaps in legislation regarding the fight against antisemitism. As part of these efforts, the Bundestag adopted groundbreaking resolutions, including one on combating antisemitism and protecting Jewish life in Germany and another addressing anti-Israel hostility in academia. In addition, Germany’s upper legislative chamber approved a measure applying criminal law to antisemitic offenses committed within school grounds.
The current decision, however, makes Germany the first country in Europe to threaten criminal penalties against those who deny Israel’s right to exist. The measure passed by a significant majority despite persistent efforts by anti-Israel groups to block it. The driving force behind the decision was Boris Rhein, the governor of the German state of Hesse, a member of the ruling Christian Democratic Union (CDU) party and a close friend of Israel.
Ron Prosor. 'The German parliament today drew a bright red line, according to which denying the existence of the State of Israel is no longer legal in Germany'
(Photo: REUTERS/Liesa Johannssen)
Israel’s ambassador to Germany, Ron Prosor, said after the decision: “The German parliament today drew a bright red line, according to which denying the existence of the State of Israel is no longer legal in Germany.”
He added: “Since October 7, we have witnessed an unprecedented outbreak of antisemitism, particularly on the political left, which seeks to deny the Jewish state’s right to exist. The fight against antisemitism does not end with declarations. It begins in classrooms, moves through universities and cultural institutions and reaches the streets in the face of violent demonstrations.”
The decision comes amid a sharp rise in antisemitic violence across Germany, particularly since October 7 and the war in Gaza. The violence includes numerous physical attacks, fueled by severe anti-Israel incitement in German cultural institutions, academia, media and politics, following nearly three years of intense protests against Israel that have included calls against the country’s very existence and against the entire idea of Zionism.