Germany's parliament advances historic measure against calls for Israel's elimination
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.
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.
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