Overview
- The Bundesrat approved the Hesse-originated draft on Friday, advancing a proposal that would punish public denial of Israel’s existence or calls for its abolition with up to five years in prison or a fine.
- The measure now moves to the Bundestag for debate after the parliamentary summer recess and could be changed, delayed, or rejected during that lower-house process.
- Germany’s Bundestag research service and civil-rights groups say the draft creates a special legal protection for one political opinion and would likely breach Article 5 of the Basic Law by expanding limits on free expression.
- Supporters including Israel’s ambassador, the German justice minister, and Jewish community leaders argue the law is needed to curb a reported sharp rise in antisemitic incidents since October 2023.
- Opponents and UN experts point to Germany’s refusal to recognise a Palestinian state and recent restrictions on pro-Palestine activism as evidence the law could be applied unevenly, and they say it is likely to face judicial review if passed.