Germany Moves to Criminalize Denial of Israel’s Right to Exist

The German Bundesrat, the country’s upper house of parliament, approved a bill criminalizing the denial of Israel’s right to exist, potentially punishing offenders with up to five years in prison. The legislation expands existing criminal code Section 130 to include existential denial of Israel, going beyond Holocaust denial.

The bill responds to a surge in antisemitic incidents in Germany, which increased from 1,957 in 2020 to 8,627 in 2024. The Bundesrat argues current laws are insufficient to address challenges to Israel’s legitimacy seen during protests related to the Israel-Hamas War.

The legislation clarifies it will not restrict criticism of Israeli policies or academic debate. It applies to public statements and gatherings, including online speech, but only when reasonably likely to incite antisemitic violence. The bill now moves to the Bundestag for a vote, where its passage would establish a new precedent for addressing antisemitism through criminal law.