Germany's parliament has backed a bill criminalising the denial of Israel's right to exist, amid growing criticism of Berlin's close ties with Israel amid its genocidal war on Gaza .
On Friday, Germany's Bundesrat, the upper house of parliament, approved legislation that would make calls for the abolition of Israel or the denial of its right to exist a criminal offence, carrying a potential prison sentence of up to five years or a fine.
The offence would only apply where such statements are deemed to "encourage a willingness to commit anti-Semitic acts of violence or arbitrary measures".
The Bundesrat also cited the increase in antisemitic incidents as a key reason for introducing the proposal.
The German government will now issue its position on the legislation before it is considered by the Bundestag, the country's lower house of parliament, after the summer recess.
The proposed legislation appears to expand Section 130 of Germany's Criminal Code, which covers offences relating to "incitement of hatred".
Under the amendment, denying Israel's right to exist or calling for its destruction would explicitly fall within the scope of the law.
If passed by the Bundestag, Germany would become the first European country to impose criminal penalties specifically for denying Israel's right to exist.
The proposal was championed by Boris Rhein, the governor of the state of Hesse, a member of the ruling Christian Democratic Union (CDU) and a prominent supporter of Israel.
This comes as many German politicians regard Israel's security as part of the country's Staatsräson, or "reason of state" - which is a principle first introduced by former Chancellor Angela Merkel in 2008 that reflects Germany's historical responsibility following the Holocaust.
Freedom of expression
However, the proposed law is likely to intensify debate over freedom of expression, particularly as Germany faces increasing scrutiny over its response to the genocidal war in Gaza, where the Israeli military has killed over 73,000 Palestinians since October 2023.
Activists and human rights organisations have accused German authorities of increasingly restricting pro-Palestinian advocacy and freedom of assembly.
The New Arab has previously reported that Germany's intelligence services have stepped up surveillance of Palestine solidarity groups, prompting a series of legal challenges.
The European Legal Support Centre (ELSC) said the cases were aimed at resisting what it described as an "escalating effort" to intimidate and repress activism in support of Palestinians.
In a separate case that has also drawn renewed scrutiny of Germany's response to Palestine solidarity activism, five pro-Palestinian activists known as the "Ulm 5" are currently on trial over a break-in at an Elbit Systems weapons facility in the southern German city of Ulm.