Penal provisions: Federal Council wants to criminalize denial of Israel’s right to exist

The Federal Council wants to criminalize the denial of Israel’s right to exist. A majority of the states in the Bundesrat voted for a corresponding proposal from Hesse. According to this, people who publicly or in an assembly deny the right to exist of the State of Israel or call for its elimination should be punished with a prison sentence of up to five years or a fine. The Bundestag will deal with the project after the summer break.

However, this should only be punishable if it happens in a way that is likely to “promote the willingness to take anti-Semitic violent or arbitrary measures,” it said. Constitutional lawyers had previously criticized the project. They see freedom of expression at risk. Hesse’s Justice Minister Christian Heinz (CDU) rejected the accusation at the meeting. The draft law is not directed against freedom of expression or against criticism of the Israeli government. The proposed change is “legally necessary and also politically necessary.”

To date, there is no criminal liability in the law for denying the state’s right to exist Israel or another state. The justification for the application stated that criminal provisions for incitement to hatred, endorsement of crimes or the use of symbols of terrorist organizations were not sufficient in all cases.

This article will continue to be updated.