Key facts
- Germany's upper house of parliament approved a draft law that could imprison individuals for denying Israel's right to exist.
- The proposal, submitted by the state of Hesse, could lead to a five-year prison sentence or a fine.
- The Bundestag is expected to review the law after its summer recess.
- The Bundestag's research service has indicated the proposal may conflict with Germany's constitution and freedom of expression.
- Critics, including Amnesty International and a Left Party MP, argue the law is unconstitutional and could harm the fight against antisemitism.
Germany's upper house of parliament has backed a proposal that could lead to prison sentences for denying Israel's right to exist. The draft law, submitted by the state of Hesse, is expected to be considered by the Bundestag after its summer recess. Under the proposal, individuals found to deny Israel's right to exist or call for its abolition could face up to five years in prison or a fine.
This legislative move occurs as Berlin maintains its refusal to recognize a Palestinian state and has intensified restrictions on pro-Palestine activism. Critics argue that Germany extends legal protection to Israel that it does not afford to Palestine, citing continued weapons supply to Israel and maintained trade ties despite concerns over its actions in the occupied West Bank.
United Nations experts previously warned of a "suppression" of Palestine solidarity activism in Germany, stating that authorities were "criminalizing, punishing, and suppressing legitimate Palestinian solidarity activism." The Bundestag's research service has also raised concerns, suggesting the proposal might violate Germany's constitution and freedom of expression under Article 5 of the Basic Law. Amnesty International has also voiced opposition, stating that while protecting Jewish life is important, the initiative "massively endangers freedom of expression."