Central Council of Jews skeptical about Hessian move to criminalize Israel denial

The President of the Central Council of Jews in Germany, Josef Schuster, has expressed skepticism about the Hessian proposal to criminalize denial of Israel. With the punishment, the legislature would create another speech offense, said Schuster in Berlin.

“The hurdles that our constitution sets for this are rightly high. Doubts about its feasibility are permitted,” he said, warning that such a change in the law “could be overturned by the Federal Constitutional Court.” Schuster said: "That would not help the cause, as agitators could see themselves motivated to then call for the destruction of Israel even more openly and blatantly."

He thinks the Hessian proposal is extremely good at its core, but it is operating in the wrong place. “It seems more sensible to me to regulate the ban on calling for the destruction or elimination of another state with which the Federal Republic of Germany has diplomatic relations in the area of ​​crimes against foreign states,” said Schuster.

When asked, he explained that in his opinion a state of Palestine would also be covered by such a regulation, even if Palestine was not yet recognized as a state by the Federal Republic. Other states have recognized Palestine as a state.

The draft submitted by Hesse received the necessary majority in the state chamber in July. It stipulates that people who publicly or in an assembly deny the right to exist of the State of Israel or call for its elimination will be punished with a prison sentence of up to five years or a fine. 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”.

However, the federal government is skeptical about the Bundesrat's proposal. In a statement approved by the Federal Cabinet, it was stated that the federal government would examine the draft law. However, she is of the opinion that the Federal Council's intended change to the Criminal Code poses a "significant constitutional risk".

The Hessian Justice Minister Christian Heinz presented a comprehensive report in Berlin on Monday with which the initiators reaffirm their position. It was written by Steffen Augsberg, professor of public law in Giessen. He argues that freedom of expression can be limited in particular by general laws and that proportionality must be taken into account in this case.

Heinz said at a joint press conference that the report clearly refuted constitutional concerns. And: “Now it is still a question of the political goal and will as to whether our bill will find a majority in the Bundestag.”

He reiterated the need for legal regulation and said that since Hamas' attack on Israel on October 7, 2023, anti-Semitism and the number of anti-Semitic crimes have increased four to six times in Germany.