The bill, introduced by the state of Hesse, proposes that anyone who publicly denies Israel’s right to exist or calls for the elimination of the state could face up to five years in prison or a fine. The offense would apply if the statement is likely to encourage antisemitic violence or arbitrary measures.
Hesse’s Justice Minister Christian Heinz (CDU) stressed in the Bundesrat session that the proposal is not directed against freedom of expression or criticism of the Israeli government. The amendment is “legally required and also politically necessary,” he said. Germany must not be a country that looks away when Jew-hatred appears on the streets. After the vote, Heinz called it an important signal to all Jews in the country.
German law currently does not criminalize the denial of a state’s right to exist. Existing provisions on incitement to hatred or approval of crimes are often insufficient, according to the states. However, the Bundestag’s Scientific Service expressed constitutional concerns in a paper at the end of May: such a criminal offense would constitute “special law against a specific opinion” and is fundamentally incompatible with freedom of expression under Article 5 of the Basic Law.
Police recorded 6,548 antisemitic hate crimes last year – an increase of five percent. The rise is linked to the conflict in the Middle East.
Source: www.zeit.de
