Germany to Jail Israel Deniers

The German Federal Council approved a bill providing for up to 5 years in prison for those who publicly deny Israel's right to exist or call for the destruction of the State of Israel. The bill will be on the agenda of the Federal Parliament after the summer recess.

The new bill, prepared as part of the fight against antisemitism in Germany, was approved with the support of the majority of the states. The regulation, prepared by the state of Hesse, will continue its legislative process by being debated in the Federal Parliament.

Up to 5 years in prison or a fine is foreseen

According to the bill, individuals who deny Israel's right to exist in a public space or at meetings, or who call for the destruction of the State of Israel, could face up to 5 years in prison or a fine if these expressions are deemed to incite antisemitic violence or arbitrary unlawful acts.

The regulation stipulates that such expressions are punishable only under certain conditions, and for the offense to occur, the expressions must be of a nature that incites violence or unlawful acts.

Hesse Justice Minister: Aim is not to prevent criticism

Hesse State Justice Minister Christian Heinz stated that the bill does not aim to prohibit criticism of the Israeli government's policies.

Heinz stated that the regulation was prepared to protect the security of the Jewish community in Germany and as part of the fight against antisemitism. He argued that democratic criticism should be distinguished from hate speech and calls for violence.

Freedom of expression debate

The bill also sparked debate in legal circles regarding freedom of expression.

In a legal assessment prepared by the Scientific Services of the Federal Parliament, it was stated that it is debatable to what extent a special penal provision targeting a specific opinion would be compatible with the provisions of the German Constitution guaranteeing freedom of expression.

If the bill is approved after debates in the Federal Parliament, it will come into force as one of the significant changes in Germany's criminal legislation.