Germany moves to criminalise denial of Israels existence while refusing to recognise Palestine
Germany’s upper house of parliament has backed a law that could imprison people for denying Israel’s right to exist, even as Berlin refuses to recognise a Palestinian state and intensifies its crackdown on pro-Palestine activism.
The Bundesrat approved the proposal, submitted by the state of Hesse, on Friday. The Bundestag, the lower house of parliament, is expected to consider it after its summer recess.
Under the draft law, anyone who publicly denies Israel’s right to exist or calls for the state’s abolition could face up to five years in prison or a fine.
The proposal would grant Israel a legal protection Germany does not extend to Palestine. Berlin has long refused to recognise Palestinian statehood, continued supplying weapons to Israel during its genocide on Gaza and maintained trade ties despite Israel’s apartheid system and accelerating ethnic cleansing in the occupied West Bank.
Germany has also restricted demonstrations, conferences and cultural events supporting Palestinian rights.
New MEE newsletter: Jerusalem Dispatch
Sign up to get the latest insights and analysis on Israel-Palestine, alongside Turkey Unpacked and other MEE newsletters
United Nations experts warned in October of last yeat that German authorities were engaged in the ongoing “suppression” of Palestine solidarity activism.
Four special rapporteurs and two independent legal experts said Germany had been “criminalising, punishing, and suppressing legitimate Palestinian solidarity activism.”
They said protesters had advanced “legitimate” demands, including calls for “halting arms exports to Israel, ending the genocide and the Israeli illegal occupation, ensuring humanitarian aid access to Gaza, the recognition of the State of Palestine, and accountability” for international crimes.
The Bundestag’s research service has warned that the Hessian proposal would probably violate Germany’s constitution.
In an assessment completed in May, it said the law could create a "special right against a specific opinion" and conflict with freedom of expression under Article 5 of the Basic Law.
"Both the rejection of the right of the State of Israel to exist and the call for the elimination of the state are likely to constitute subjective value judgments," the report said.
It added that extending a narrow constitutional exception covering Nazi propaganda to speech about Israel would be "difficult to justify".
"If this cannot be done, the infringement on freedom of expression would not be constitutionally justified."
Amnesty International also opposed the measure.
"The protection of Jewish life is of particular importance – but this initiative massively endangers freedom of expression," it said.
Left Party MP Luke Hoß described the proposal as "obviously unconstitutional" symbolic politics that would undermine, rather than strengthen, the fight against antisemitism.
middleeasteye.net