Berlin / Ottawa – A group of 136 scholars specializing in Middle East, Antisemitism, and Holocaust studies has published a sharp critique of a proposed German law that would criminalize denying the State of Israel’s right to exist. The draft act, submitted by the State of Hesse to the German Bundesrat (the federal legislative body), is being challenged by the academics as an overreach that could harm academic freedom and free expression.
In a statement posted on May 31, 2026, led by Prof. Hanna Kienzler on social media platform X, the scholars argue that while they reject antisemitism and the denial of Israel’s existence, the proposed criminalization is “problematic and counterproductive.”
Key concerns raised by the scholars:
· Threat to Academic Debate – The law could be used to silence critical scholarship on Israeli government policies, Zionism, and the history of the conflict, blurring the line between hate speech and legitimate political critique.
· Undermining Holocaust Remembrance – The scholars argue that equating denial of Israel’s right to exist with Holocaust denial (already a crime in Germany) risks trivializing the Nazi genocide.
· Vague Wording – The draft fails to clearly define what constitutes “denial of the right to exist,” potentially allowing prosecution of activists or researchers who advocate for a one-state solution or who criticize Israel’s founding as a state for Jewish people.
Context
The draft act from Hesse—a state with a strong legacy of anti-racist education—aims to expand Germany’s strict hate speech laws. Proponents argue it is necessary to combat rising antisemitism, especially after the October 7, 2023 attacks and subsequent Gaza war. However, the scholars’ statement warns that the law would set a dangerous precedent, effectively making it a crime to call for Israel’s transformation into a binational or democratic secular state.
The statement concludes with a call for the Bundesrat to reject the draft, urging German legislators instead to focus on existing laws that already penalize incitement to hatred and genuine antisemitic expressions. The scholars’ full position paper is available online via the link included in their tweet.
