The Bundesrat and the Central Council of Jews in Germany are pursuing a statutory ban on denying Israel’s right to exist. The federal government has pointed out constitutional concerns, and the draft bill is scheduled for review in the Bundestag, reports Deutsche Welle.
- The draft bill proposed by the state of Hesse calls for up to five years imprisonment or a fine for publicly denying Israel’s right to exist or calling for its elimination, if such statements could incite antisemitic violent or arbitrary acts.
- This is a legislative proposal and not enacted law. The German government raised constitutional objections; the next stage is consideration by the Bundestag.
What the draft bill provides
According to Deutsche Welle, the Bundesrat voted in July to refer the legislative initiative from the state of Hesse for further deliberation. It proposes including the denial of Israel’s right to exist in the criminal offense of incitement to hatred (Volksverhetzung). The draft provides for penalties of up to five years in prison or a fine for anyone who publicly or at an assembly denies this right or advocates the elimination of Israel, if the statement is capable of inciting readiness for antisemitic acts of violence or arbitrariness.
The proposal has not yet become law. According to DW, the next step will be deliberation of the measure in the Bundestag.
Constitutional objections
DW reports that around 30 legal scholars have spoken out against the initiative, arguing that it is unconstitutional. The Research Services of the Bundestag also raised doubts. In late August, the federal government issued a critical assessment of the draft: in its view, the bill poses considerable constitutional risks, and the cases in question are already covered by existing law.
In contrast, Hesse Justice Minister Christian Heinz argued for statutory clarification, pointing to inconsistent court rulings on the slogan “From the River to the Sea.” He explained that the draft aims to grant assembly authorities legal clarity to prohibit such events or impose conditions on them.
Positions of initiative supporters
Law professor Steffen Augsberg, who prepared an expert legal opinion for the Hessian state government, considers the bill compatible with the Basic Law. He bases his reasoning on the state’s duty to protect Jewish life and draws a comparison to the Federal Constitutional Court’s 2009 Wunsiedel decision. This reflects an expert opinion rather than a judicial ruling on the current bill. Federal Ministry of Justice spokesperson Eike Hosemann rejected the comparison to the Wunsiedel case, calling it a narrow exception, and reiterated the government’s stance on significant constitutional concerns.
Josef Schuster, President of the Central Council of Jews in Germany, supports the objective of banning denial of Israel’s right to exist, but considers the Hessian proposal’s chosen location inappropriate. In his view, the provision should rather be anchored in Sections 102–104 of the German Criminal Code concerning offenses against foreign states, rather than Section 130 on incitement to hatred.