German upper house backs bill to criminalize denial of Israel's right to exist

Germany's upper house of parliament approved legislation that would criminalize public denial of Israel's right to exist or calls for its elimination. The bill expands existing criminal code provisions on Holocaust denial to cover statements that reject the state's legitimacy.

The Bundesrat stated that current laws on incitement of hatred and approval of criminal acts apply only in individual cases and are insufficient. It cited an increase in antisemitic incidents from 1,957 in 2020 to 8,627 in 2024 as justification for the measure.

Scope of the proposed law The legislation would apply to public statements and gatherings, including online speech, when the statements can reasonably promote antisemitic violence or arbitrariness. It would not restrict criticism of Israeli government policies or theoretical debate about Middle East politics.

Artistic and academic works remain exempt under existing protections for science and art. The bill now advances to the lower house, the Bundestag, for further consideration. Israel's ambassador to Germany welcomed the Bundesrat's decision and expressed hope that the lower house would pass the amendments to the criminal code.