Anti-Israel protesters march in Germany, March 26, 2025. Photo: Sebastian Willnow/dpa via Reuters Connect

The German state of Hesse is preparing to introduce legislation that would criminalize denying Israel’s right to exist, as authorities move to confront a surge in anti-Israel demonstrations and a growing tide of antisemitic rhetoric and attacks that have intensified pressure on Jewish communities across the country.

On Thursday, Hesse Minister-President Boris Rhein and Justice Minister Christian Heinz of the center-right Christian Democratic Union (CDU) announced the new initiative in the western German state, saying they plan to bring the draft law before the Bundesrat, the legislative chamber known as the Federal Council where Germany’s 16 state governments are represented, next month.

The proposed legislation would close what officials describe as a legal loophole by explicitly criminalizing the denial of Israel’s right to exist, with penalties of up to five years in prison or a fine, aligning it with existing provisions that punish Holocaust denial.

“This legislation sends a very clear signal to Jewish people in Germany that we stand firmly by their side, that their protection is our responsibility, and that we are serious about it,” Rhein said at a press conference.

Under current German law, denying Israel’s right to exist is not explicitly a criminal offense, though it can in some cases be prosecuted as incitement to hatred, meaning the legal framework does not directly outlaw calls for Israel’s elimination.

Benjamin Graumann, chairman of the board of the Jewish community in Frankfurt, welcomed the initiative, saying it marks an important step toward stronger protection for Jewish life in Germany.

“Since Oct. 7, 2023, we have experienced outbreaks of antisemitism that have surpassed our worst nightmares. And we hope that this law will help to better protect Jewish life,” Graumann said, referring to the Hamas-led invasion of and massacre across southern Israel more than two years ago.

Like most countries across Europe and the broader Western world, Germany has seen a shocking rise in antisemitic incidents over the last two years, in the wake of the Oct. 7 atrocities.

According to recently released figures, the number of antisemitic offenses in the country reached a record high in 2025, totaling 2,267 incidents, including violence, incitement, property damage, and propaganda offenses.

By comparison, officially recorded antisemitic crimes were significantly lower at 1,825 in 2024, 900 in 2023, and fewer than 500 in 2022, prior to the Oct. 7 atrocities.

Officials warn that the real number of antisemitic crimes is likely much higher, as many incidents go unreported.

In another attempt to address rising antisemitism, authorities in the eastern German state of Brandenburg last year introduced a new requirement that applicants for citizenship must affirm Israel’s right to exist, a policy that took effect on June 1 for those seeking naturalization and a German passport.