BERLIN (Realist English). On July 10, the upper house of the German parliament — the Bundesrat — approved a bill providing for criminal liability for publicly denying Israel’s right to exist.
The initiative, introduced by the state of Hesse, provides for punishment in the form of imprisonment for up to five years or a fine for those who publicly or at gatherings deny the State of Israel’s right to exist or call for its destruction.
However, the bill only takes effect if such statements “contribute to a readiness to commit anti-Semitic acts of violence or arbitrary acts.”
‘Protection of Jewish Life’ vs Freedom of Speech
Hesse’s Justice Minister Christian Heinz, who presented the initiative, said: “From today, an important signal is being sent to all Jews in our country: we want to and will better protect the lives of Jews in Germany.” According to him, the bill is not directed against freedom of speech or criticism of the Israeli government.
The initiative was supported by a significant majority of Bundesrat members. The document will now be forwarded to the federal government, after which it must be considered by the Bundestag. If approved by the lower house, the bill will return to the Bundesrat for final consideration, after which it must be signed by the federal president.
Legal and Constitutional Doubts
However, the bill has faced fierce criticism from experts and human rights organisations. The Bundestag’s research service warned that the proposal likely violates Germany’s constitution. An assessment completed in May stated that the law could create a “special right against a specific opinion” and conflict with freedom of expression guaranteed by Article 5 of the Basic Law.
“Both the denial of the State of Israel’s right to exist and the call for the elimination of the state are likely to constitute subjective value judgments,” the report notes. Extending the narrow constitutional exception concerning Nazi propaganda to statements about Israel would be “difficult to justify.”
“Protecting Jewish life is of particular importance,” Amnesty International said, “but this initiative poses a significant threat to freedom of expression.” Left Party MP Lukas Hoss called the proposal “clearly unconstitutional” symbolic politics.
Double Standard: Protecting Israel, Refusing to Recognise Palestine
Critics point to a glaring contradiction: Germany is prepared to introduce criminal penalties for denying Israel’s right to exist, but at the same time refuses to recognise the State of Palestine. While the UK, France, Spain, Ireland, Norway and Canada have recognised Palestine, Berlin consistently rejects this possibility.
German Foreign Minister Johann Wadephul previously stated that Germany supports the creation of a Palestinian state but refuses to recognise its sovereignty at the present time. Chancellor Friedrich Merz also confirmed that Berlin would not join the growing initiative of Western allies to recognise the State of Palestine.
Suppression of Pro-Palestinian Activism
The bill is being considered against the backdrop of ongoing tightening of measures against pro-Palestinian activism in Germany. In October 2025, UN experts warned that German authorities are engaged in “suppressing” solidarity with Palestine, “criminalising, punishing and suppressing legitimate activity.”
According to the Federal Criminal Police Office, the number of anti-Semitic hate crimes increased by 5% last year to 6,548, with nearly half of them related to the Middle East conflict.
Germany finds itself at the centre of a sharp political and legal debate. On one hand, the initiative is aimed at combating rising anti-Semitism following the events of October 7, 2023.
On the other, it raises serious questions about freedom of speech and creates a precedent where one state receives unique legal protection while another — Palestine — remains without international recognition.
The coming months will show whether the bill can overcome constitutional obstacles and how it will affect public discourse in Germany.
