Germany’s clamp-down on antisemitism regulations

This month, the German Bundestag passed a resolution titled “Never Again is Now: Protect, Preserve, and Strengthen Jewish Life in Germany,” signifying a notable legislative response to combat rising antisemitism following the Hamas attacks on October 7, 2023, and subsequent, arguably genocidal Israeli retaliation. Although the resolution outwardly claims to support Jewish communities and denounce antisemitism, closer scrutiny reveals a policy overwhelmed with contradictions and harmful implications. By conflating antisemitism with anti-Zionism, this resolution fails to tackle genuine antisemitic hatred whilst simultaneously silencing valid criticism of Israel, amplifying Islamophobia, and weakening Germany’s commitment to free speech and human rights.

This framing not only distorts the concept of antisemitism but also delegitimises valid dissent against Israel’s policies

Conflating Antisemitism and Anti-Zionism

Central to the resolution is its alignment with the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism which includes criticism of Israel as a Jewish collective. By endorsing this definition, the resolution equates opposition to Zionism or Israeli state policies with hatred towards Jewish people. This framing not only distorts the concept of antisemitism but also delegitimises valid dissent against Israel’s policies.

At its core, anti-Zionism is a political critique of Zionist ideology and the actions of the Israeli state. Anti-Zionists, including many Jewish people, oppose Israeli policies for their colonial and exclusionary treatment of Palestinians. This has been documented by numerous human rights organisations, as well as the International Criminal Court (ICC) who have recently issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for war crimes. To label such dissent as antisemitic is an injustice that silences voices advocating for human rights and accountability. By conflating antisemitism with anti-Zionism, Germany aligns itself with a troubling and contradictory global trend of suppressing pro-Palestinian advocacy under the guise of fighting hatred.

Genuine efforts to address hatred and discrimination should build bridges, not walls

Blaming Immigrant Communities and Fuelling Islamophobia

The resolution’s flawed conflation of antisemitism with anti-Zionism is exacerbated by its disproportionate focus on immigrant communities, particularly those from North Africa and the Middle East. By framing antisemitism as an “imported” issue, the resolution targets Muslim and Arab populations by suggesting that they specifically are responsible for the rise in antisemitic incidents, fuelling Islamophobia which is also increasing across Europe.

The resolution not only undermines efforts to combat antisemitism but also fractures solidarity between marginalised groups. Amnesty International and other human rights organisations have raised concerns that this scapegoating could lead to further discrimination, surveillance, and exclusion of already marginalised groups, deepening the divisions within society. Jewish, Muslim, and immigrant communities, who often share common experiences of marginalisation, are driven apart by policies that scapegoat one group while claiming to protect another.

Genuine efforts to address hatred and discrimination should build bridges, not walls. Yet this resolution does the opposite, fostering mistrust and echoing a troubling European trend of pitting Jewish and Muslim communities against each other. Reports from the European Commission against Racism and Intolerance (ECRI) and the European Union Agency for Fundamental Rights (FRA) show a simultaneous rise in antisemitism and anti-Muslim sentiment across the continent. For example, throughout Europe, false accusations against Muslim communities for violent attacks have fuelled riots and violence, explicitly showing the risks of such divisive narratives. Germany’s resolution will do nothing but heighten these tensions, failing both Jewish and Muslim communities.

This resolution is just the latest addition to a broader trend aimed at ensuring institutions prioritise political alignment over intellectual discourse

Impeding Free Speech and Academic Freedom

The resolution’s implications extend beyond silencing political dissent to restricting freedom of expression in cultural and academic spaces. It urges educational and cultural institutions to apply “antisemitism-critical codes of conduct,” creating an atmosphere of fear and censorship where legitimate critique of Israeli policies could lead to punitive actions. For instance, a particularly alarming feature of the resolution is its plan to withhold public funding from organisations that support the Boycott, Divestment, and Sanctions (BDS) movement or question Israel’s right to exist. This draconian measure weaponises public funding, transforming it into a tool of censorship used to enforce ideological conformity; it silences groups and organisations who advocate for Palestinian rights, violating fundamental principles of free speech. The tactic also mirrors the chilling 2019 Bundestag resolution that stigmatised the BDS movement, sparking widespread condemnation for undermining constitutional freedoms.

Recent incidents highlight the daunting effects of such policies. Previously this year, Ghassan Hage was dismissed from the Max Planck Institute after accusations of making drastic statements critical of Israel’s treatment of Palestinians. At the same time, Nancy Fraser lost her professorship at the University of Cologne for condemning Israel’s apartheid-like policies. These cases illustrate how this resolution is just the latest addition to a broader trend aimed at ensuring institutions prioritise political alignment over intellectual discourse, hindering valid political critiques under the pretence of combating antisemitism. This climate fosters self-censorship among academics and artists wary of backlash. Academic and cultural spaces thrive on open dialogue and critique, however, they are becoming increasingly constrained by policies such as these, which threaten to transform them into platforms of state censorship.

By intertwining antisemitism with legitimate political critique, the resolution inhibits free speech and intellectual freedom, two values that are essential to democracy. In an attempt to combat antisemitism, the policy paradoxically weakens the freedoms needed to address hatred effectively.

Policies must uphold the right to free expression whilst addressing systemic discrimination in all its forms

A Call for Justice

The Bundestag’s resolution represents a misguided attempt to combat antisemitism that ultimately does more harm than good. Successful efforts to combat antisemitism must correctly distinguish between hatred for Jewish people and legitimate critique of Israel. Policies must uphold the right to free expression whilst addressing systemic discrimination in all its forms. This resolution fails on all counts. Human rights advocates, academics, and leaders worldwide must resist such policies and demand a more just approach.

The fight against antisemitism must not come at the cost of justice for Palestinians, freedom of speech, or solidarity among marginalised communities. Any country can only build a future free of hatred and division by embracing these principles.