Hessen pushes for law criminalizing denial of Israel's right to exist

The state government of Hessen is pushing for a federal law that would criminalize the public denial of Israel’s right to exist. The proposal seeks to amend Section 130 of the German Criminal Code, making it an offense to deny Israel's existence or call for its destruction if such statements are deemed likely to incite antisemitic violence or arbitrary measures. Violators could face up to five years in prison or a fine.

To support the initiative, Hessen presented a legal opinion by law professor Steffen Augsberg, which concludes that the draft is consistent with the German Basic Law. Hessen’s Minister President Boris Rhein and Justice Minister Christian Heinz have called on the federal government to support the measure, citing a rise in antisemitism following the October 7, 2023, attacks.

The proposal faces significant legal opposition. Approximately 30 law professors and the Bundestag’s Scientific Service have raised concerns regarding its constitutionality, arguing that it may infringe upon freedom of expression by criminalizing political or normative views. While the Bundesrat approved the draft in July, the federal government has expressed reservations about the potential constitutional risks.