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German Parliament advances bill criminalizing denial of Israel’s right to exist

Germany’s lower house of parliament will take up the proposed legislation after the summer recess.

Brandenburg Gate
“Never Again Is Now” projected on Brandenburg Gate in Berlin on Nov. 9, 2023. Credit: Achim Wagner/Shutterstock.

The German parliament on Friday advanced a landmark bill criminalizing the denial of Israel’s right to exist and making it punishable by up to five years in prison.

The historic legislation, which was backed by Germany’s upper house of parliament, the Bundesrat, and now heads to the lower house, the Bundestag, for approval, comes amid an 83% increase in antisemitism in Germany since the Oct. 7, 2023 Hamas-led attack on southern Israel.

The initiative, which was introduced by the German western state of Hesse, would impose penalties of up to five years in prison or a fine for statements made publicly that deny Israel’s existence or urge its destruction if they encourage “a willingness to commit acts of antisemitic violence or arbitrary acts.”

The bill is opposed by civil rights groups and free-speech advocates who say it endangers freedom of expression guaranteed by Germany’s Constitution, and supported by the German Justice Minister, the State of Israel and German Jewish community leaders as a necessary legal tool to fight the burst of antisemitism in the country.

Israeli Ambassador to Germany Ron Prosor welcomed the parliamentary decision on Friday.

“The signal is clear: Those who deny Israel’s right to exist and spread antisemitic incitement will not get away with it unpunished,” he wrote on X. “I fervently hope that the German Bundestag will take up the decision and promptly enact the necessary amendment to the Criminal Code.”

The proposed legislation is expected to be examined by the lower house of parliament after the summer recess.

Etgar Lefkovits, an award-winning international journalist, is an Israel correspondent and a feature news writer for JNS. A native of Chicago, he has two decades of experience in journalism, having served as Jerusalem correspondent in one of the world’s most demanding positions. He is currently based in Tel Aviv.
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