New German bill threatens to criminalise Palestinian solidarity

A parliamentary group made up of the Christian Democratic Union of Germany (CDU) and the Christian Social Union (CSU) has submitted a troubling bill to “prevent the naturalisation of anti-Semitic foreigners”.

The bill was set to be presented in the German Bundestag on Friday, after which German legislators will decide whether to adopt it as legislation.

The bill states that it is “pushing for the acquisition of German citizenship to be dependent on a commitment to Israel's right to exist and a declaration that the naturalization applicant has not pursued or will pursue any endeavors directed against the existence of the State of Israel”.

The bill however doesn’t make exactly clear what the “commitment” entails or involves.

Given that Germany has already formally endorsed the International Holocaust Remembrance Alliance (IHRA) definition, often used to conflate antisemitism with criticism of Israel, the passing of the bill would potentially make it a crime to advocate for the liberation of Palestine from Israeli oppression.

Such advocacy is inseparable from justifiably reproving Israel, which – as is obvious in Gaza at the moment – routinely harms and violently disrupts Palestinian life.

According to a recent report by Al Mezan Center for Human Rights, “Israeli forces continue their onslaught with thousands of military attacks, systematically destroying houses, residential neighborhoods, civilian structures, roads, and infrastructure”.

Additionally the report states: “All collected data and evidence confirms that the extensive bombing and destruction are not linked to any military necessity. Instead, they form part of a systematic destruction operation within an unprecedented strategy of collective punishment”.

Since October 7, Israel has killed over 11,000 Palestinians in Gaza, approximately 4650 of whom are children.

Despite this, the preamble of the bill demonises recent shows of Palestinian solidarity in Germany – calling for an end to the killing – while characterising them as “disgusting rallies and demonstrations”.

Erroneous as it is, such a preamble implies that the reason the bill is being introduced now is at least partly to do with the solidarity described. This is particularly egregious as this also means that the bill does not want Germans to expressly oppose the wholesale slaughter of Palestinians.

Further undermining the bill’s preamble. Palestinian-American journalist Hebh Jamal, currently living in Germany, shares in a recent article: “I attended multiple [pro-Palestinian] demonstrations across Germany, and the only visible threat to public safety has been from the police.

“In fact, I was a witness to one demonstration in Frankfurt where the police banned it from taking place mere minutes before it was about to begin. Hundreds of people were met with water cannons, extreme levels of police presence, and kettling by law enforcement that led to the detainment of over 300 people”.

Such violence is unfortunately reflective of Germany’s larger support for anti-Palestinian groups.

According to Anadolu Agency, “the [German] government allowed exports of almost €303 million ($323 million) to Israel up to Nov. 2 – almost 10 times as much for what was exported in entire 2022 (€32 million), according to the German Economic Ministry

“The approvals include primarily components for air defense and communications equipment”.

Such technology is systematically used to target and kill Palestinians by Israel.

Germany’s military support for Israel, in light of the bill, shows that it is willing to uphold an unacceptable double-standard, namely that it is permissible for Israel to wrong Palesitnians but not for Germans to oppose that.

By the same twisted logic, Germans should not care that Israel maintains a dominant position over Palestinians through a system of apartheid, disadvantaging Palestinians in practically all areas of life.

Speaking with Jacobin last October Wieland Hoban – chairman of Jewish Voice for a Just Peace in the Middle East – maintains: “The idea of taking responsibility for the Holocaust was intertwined with geopolitical concerns from the start. In more recent times, support for Israel – whether material or political – has been relentlessly promoted as a German obligation”.

There’s certainly nothing wrong with Germany, responsible for the Holocaust, being involved in helping ensure reparations for and making amends with the larger Jewish community. Indeed, the argument can be made – given the sheer horror and gravity of the Holocaust – that such conciliatory work is not optional but necessary.

The spirit of justice that characterises this, however, is wholly undermined where Germany – be it through the bill or its military support for Israel – comes across as being anti-Palestinian.