German Jewish Leaders Demand Sharper Legal Action Against Rising Antisemitism
The Central Council of Jews in Germany is urgently calling for a significant strengthening of legal measures to combat the escalating levels of antisemitism within the country. In a statement released alongside a closed-door meeting of the CSU parliamentary group in Seeon Monastery, Central Council President Josef Schuster voiced deep concern over the current legal loopholes that allow for widespread displays of solidarity with Hamas, the organization responsible for the October 7th, 2023 massacre – the deadliest attack on Jewish people since the Holocaust. He asserted that this situation “must change.
The Council’s proposed reforms are targeted at addressing perceived weaknesses in existing legislation. A key demand is the criminalization of expressions of sympathy for terrorist organizations, moving beyond the current legal framework that only penalizes recruitment or solicitation of members. This aims to directly curtail the open displays of support for Hamas that have become increasingly prevalent.
Beyond this, Schuster is pushing for a revision of the paragraph pertaining to incitement of hatred. Currently, the “domestic nexus” – that is, the connection to individuals or groups residing within Germany – is a critical criterion for prosecution. The Central Council advocates for a shift, arguing that incitement against individuals or groups should be criminalized irrespective of their location, encompassing offenses directed at individuals abroad as well as within Germany.
Schuster highlighted a disturbing trend of antisemitism disguised as “anti-Zionism” exploiting legal ambiguities. He explained that the legal interpretation requiring public incitement to be directed at a group residing in Germany, often foreign nationals, leaves Jewish individuals vulnerable. This “loophole” allows perpetrators to evade prosecution by directing hate speech specifically at “Israelis” instead of “Jews” effectively utilizing legal technicalities to avoid accountability, recently demonstrated by a decision from the Nuremberg/Fürth Public Prosecutor’s Office.
The Council is also calling for the criminalization of calls for the destruction of states, a gap in the current legal code. Following the 2020 ban on the burning of national flags, Schuster argues for a logical and necessary progression to address explicitly violent rhetoric.
President Schuster warned that the normalization of violent antisemitic attacks in recent years is deeply troubling. He questioned the efficacy of reactive protective measures, emphasizing that they represent merely “symptom treatment” of a deep-rooted societal problem. “Antisemitism has burrowed itself deep into our society” Schuster stated, “it has spread onto our streets.
He concluded that clear political action is now essential to establish the legal framework for holding antisemites accountable and confronting hatred through the mechanisms of the rule of law. “After many clear words, politics must now create clear actions” he urged, demanding tangible legal changes to effectively counter the alarming rise in antisemitism. The call signals a growing pressure on German policymakers to address a volatile and increasingly urgent situation.