Germany's parliament has progressed legislation that would criminalize denying Israel's right to exist, with penalties of up to five years in prison.

The measure gained support in the Bundesrat, Germany's upper parliamentary chamber, and will proceed to the Bundestag for further consideration.

Under the terms, individuals who publicly or in gatherings reject the State of Israel's existence or urge its elimination would face legal consequences. This expands Section 130 StGB of the criminal code to cover existential denial of Israel alongside existing Holocaust denial provisions.

The bill's rationale notes that current laws on incitement to hatred, endorsement of crimes, or terrorist symbols prove inadequate for consistent application.

Germany Faces Rising Antisemitism

The Bundesrat highlighted a surge in antisemitic incidents across Germany, rising from 1,957 cases in 2020 to 8,627 in 2024.

While peaceful demonstrations against the Israel-Hamas conflict and Palestinian civilian hardships have occurred, some protests have questioned Israel's legitimacy as a state, according to the chamber.

The Bundesrat linked Israel's founding and international recognition to Germany's post-Shoah responsibilities and the need for a secure Jewish homeland.

Denying Israel's right to exist thus relativizes the Holocaust and undermines the constitutional framework established after National Socialist rule, the Bundesrat stated.

The law would cover public statements and assemblies, including online expressions, provided they could reasonably encourage antisemitic violence or arbitrariness.

Measure Preserves Policy Criticism and Protections

The proposal leaves room for criticism of Israeli government actions and academic discussions on regional politics.

Artistic and scholarly works remain protected under existing provisions for science and art.

Israel's ambassador to Germany, Ron Prosor, praised the Bundesrat's action.

"The message is clear: Anyone who denies Israel's right to exist and spreads antisemitic incitement will not get away with it without consequences," he said.

"My sincere thanks go to Minister-President Boris Rhein of Hesse for his determined commitment to this landmark legislative initiative, as well as to all the federal states that supported it."

"I sincerely hope that the German Bundestag takes up the decision and swiftly passes the necessary amendments to the Criminal Code," he said.