Germany’s Central Council of Jews is urgently calling for a significant strengthening of legal measures to combat the escalating surge of antisemitism across the nation. The council’s president, Josef Schuster, expressed profound concern over the current legal landscape, highlighting the permissibility of widespread displays of solidarity with Hamas – the group responsible for the October 7, 2023 massacre, the deadliest attack against Jewish people since the Holocaust. Speaking on the sidelines of a CSU parliamentary group retreat in Seeon, Schuster stated that this situation “must change.
The Central Council is proposing concrete legislative adjustments, beginning with the criminalization of expressions of support for terrorist organizations. Presently, German law only penalizes the recruitment of members or supporters, leaving a critical gap that allows for overt displays of sympathy.
Furthermore, Schuster advocates for a re-evaluation of the existing laws against incitement to hatred (Volksverhetzung). The current legal framework, which critically weighs the “domestic relevance” of the targeted group, effectively shields many antisemitic pronouncements. The council wants to broaden the scope to penalize hate speech directed at individuals or groups, irrespective of their residency status or nationality.
Schuster underscored a disturbing trend: the concealment of antisemitism cloaked as purported criticism of the State of Israel – a tactic he describes as “antizionism”. This exploitation of legal loopholes allows individuals to circumvent prosecution by directing hateful rhetoric towards “Israelis” instead of “Jews” capitalizing on the legal requirement that incitement impacts a group residing within Germany. Recent decisions by the Nuremberg/Fürth public prosecutor’s office serve as a stark illustration of this vulnerability.
The Central Council’s proposals extend to criminalizing calls for the destruction of states – a legal lacuna Schuster believes demands immediate attention following the prohibition of flag burning in 2020.
Schuster voiced deep alarm over the normalization of violent antisemitic attacks in recent years, questioning the efficacy of reactive security measures. While acknowledging the importance of protecting Jewish life, he insisted that these measures are mere “symptom treatment” failing to address the deep-rooted nature of the problem. “Antisemitism has become embedded within our society and has spread onto our streets” he stated.
The Central Council president’s remarks represent a sharp challenge to the German government. He insists that symbolic gestures and platitudes are now insufficient, demanding “clear actions” to fundamentally reshape the legal framework. Schuster concluded that the time has come for lawmakers to “create the legal foundations to hold antisemites accountable and confront hatred with the tools of the rule of law”. The council’s demands reflect a growing frustration with the perceived inadequacy of existing protections and a desire for a more robust legal response to the alarming rise in antisemitic sentiment and activity.
