The Bundesrat has introduced a legislative initiative to ban the denial of Israel’s right to exist. The next step now lies with the Bundestag.
Graffiti featuring slogans that question the existence of the Israeli state continue to appear in Berlin, while demonstrations in support of the Palestinian civilian population have included chants directed against that state. These messages are linked to the denial and destruction of Israel, but so far they have generally not resulted in criminal liability. The Bundesrat wants to change this through a specific legal ban.
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At its final meeting before the summer recess, representatives of the 16 federal states approved the bill submitted by the state of Hesse. Before the vote, Hesse Justice Minister Christian Heinz said: “We are now submitting this bill very deliberately, because we must finally move from words to legislative action.”
According to the wording proposed by the Bundesrat, anyone who “publicly or at a gathering denies the State of Israel’s right to exist or calls for its abolition” should be punished. The criminal measure would apply only when such acts are committed in a manner that incites willingness to engage in antisemitic violence or arbitrary measures.
The explanatory memorandum accompanying the initiative states that the current provisions of German criminal law are insufficient. These provisions include, among other things, incitement to hatred against population groups and the use of symbols of terrorist organizations.
Christian Heinz said hatred has “exploded” globally, including in Germany, since October 7, 2023, and Hamas’s “barbaric attack” on Jews. According to him, antisemitism is “manifesting itself publicly on our streets.” The CDU politician warned that people spreading hatred against Jews have once again appeared on German streets.
The Hesse justice minister stressed that the bill does not seek to restrict freedom of expression, criticism of the Israeli government, or discussions about a peaceful political solution in the Middle East. According to him, these are part of a liberal democracy, while the initiative is “very deliberately formulated in a very narrow manner.”
The target, according to Heinz, is “calls that incite and glorify violence” against Israel. He called for the rule of law to be enforced and said the country must not “stand by idly again” when hatred against Jews “manifests itself on our streets.”
Heinz was the only speaker on the issue on the agenda. When Hesse submitted the initiative for consideration in May, Thomas Strobl (CDU), the former interior minister of the Baden-Wuerttemberg state government, also supported its objective. He referred directly to the slogan “From the river to the sea.”
During the July vote, several states entered a statement into the record calling on the German government to present a solution that would enable the Bundestag, in its capacity as legislator, to adopt a law that is “sound and in accordance with the constitution.” This essentially reinforces Hesse’s demand.
Initiatives launched by the Bundesrat are sometimes forwarded to the Bundestag for consideration after the German government has expressed its position. However, cases in which such a proposal becomes law are extremely rare. In the current, 21st Bundestag, which has been operating since spring 2025, the Bundesrat has approved 45 bills and sent them to the government, but none has yet become law.
The Central Council of Jews has long called for action. In an interview with Deutsche Welle in mid-June, the council’s president, Josef Schuster, said that federal government decisions to criticize the Israeli government are “absolutely legitimate.” However, he said, it is unacceptable “when Israel’s right to exist is called into question or when the country is demonized.”
Around 30 law professors intervened ahead of the Bundesrat session, an action considered quite unusual, describing the initiative as unconstitutional. They said concerns over rising antisemitism and antisemitic violence are understandable, but stressed that a particular opinion cannot be prohibited through general laws. An expert assessment by the Bundestag’s Scientific Service has also raised questions about the bill’s constitutional compatibility.
In mid-June, Daniel Cohn-Bendit, a Jewish German-French Green politician and member of the European Parliament from 1994 to 2014, criticized Hesse’s initiative in an interview with FAZ. He called the bill “fundamentally wrong.”
“Many people are harsh critics of Israel, including Israelis themselves. Not all of them are antisemites,” Cohn-Bendit said. He mentioned philosopher Judith Butler, a supporter of the anti-Israel BDS boycott movement. Cohn-Bendit said BDS is “foolish” and has a “completely misguided ideological representation. But Butler is not an antisemite.”
The core of the debate concerns the clash between freedom of opinion and the fight against antisemitism. Article 5 of the Basic Law permits restrictions on freedom of opinion only through “general laws,” meaning provisions that are not directed at a specific opinion. Critics argue that the current initiative does exactly that, as it provides for punishment solely for denying Israel’s right to exist. In their view, opposition to other states’ right to exist would remain unpunished.
Hesse argues that today’s debate has a historical and political connection to the National Socialist regime, the Holocaust, the creation of Israel, and the denial of its right to exist. Israel’s right to exist, according to this position, is an essential element of German policy. Denying it also implies opposition to Germany’s constitutional identity.
The political debate is expected to continue for months. It cannot be ruled out that the dispute over whether such a law would violate fundamental rights and freedoms could eventually end up before the Constitutional Court in Karlsruhe. .DW
