Germany Moves to Criminalise Denial of Israel’s Existence Amid Ongoing Refusal to Recognise Palestine

The Bundesrat, Germany’s upper house, approved a draft law submitted by the state of Hesse that would criminalise public denial of Israel’s right to exist or calls for its abolition. Violations could result in up to five years’ imprisonment or a fine. The proposal now awaits consideration by the Bundestag after its summer recess.

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Berlin has long declined to recognise a Palestinian state, continues arms exports to Israel, and has tightened restrictions on pro-Palestinian demonstrations, conferences and cultural events. United Nations special rapporteurs and independent legal experts warned in October that German authorities were “criminalising, punishing, and suppressing legitimate Palestinian solidarity activism.” Their demands include halting arms exports, ending the Gaza conflict, ensuring humanitarian aid, and recognising Palestinian statehood.

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A Bundestag research service assessment warned the draft could create a “special right against a specific opinion” and clash with Article 5 of the Basic Law, which guarantees freedom of expression. The service noted that extending the narrow constitutional exception used for Nazi propaganda to speech about Israel would be “difficult to justify.” Amnesty International criticised the measure, arguing it endangers free speech while purporting to protect Jewish life.

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Legal scholars and politicians have flagged constitutional concerns. Left Party MP Luke Hoß called the proposal “obviously unconstitutional” symbolic politics that would undermine, rather than strengthen, the fight against antisemitism. Critics argue the law privileges Israel’s narrative while leaving Palestinian advocacy unprotected, potentially stifling legitimate political debate.

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• “The protection of Jewish life is of particular importance – but this initiative massively endangers freedom of expression,” — Amnesty International

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• “Both the rejection of the right of the State of Israel to exist and the call for the elimination of the state are likely to constitute subjective value judgments,” — Bundestag research service report

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• “If this cannot be done, the infringement on freedom of expression would not be constitutionally justified.” — Bundestag research service report

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• “obviously unconstitutional” — Luke Hoß, Left Party MP

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