German government expresses skepticism over criminalizing Israel denial

The German Federal Cabinet has expressed skepticism regarding a legislative proposal to criminalize the denial of Israel's right to exist. The draft, introduced by the state government of Hesse, seeks to amend Section 130 of the Criminal Code (Volksverhetzung) to include penalties of up to five years in prison or fines for those who publicly deny Israel's right to exist or call for its elimination in a manner likely to promote antisemitic violence.

While the Federal Government stated it shares the fundamental view that protecting Israel's right to exist is a core responsibility, it warned that the proposal carries a “significant constitutional risk.” Officials noted that such actions may already be punishable under existing laws, such as incitement to hatred or the approval of crimes.

The Bundesrat previously recommended that the draft be brought to the Bundestag for deliberation. In response to the federal skepticism, Hesse's Justice Minister Christian Heinz defended the proposal as “balanced and constitutionally compliant,” arguing that protecting Israel as a safe haven for Jewish people is part of Germany's state interest.