Germany

National Level

17 May 2019, Bundestag motionResisting the BDS Movement with Determination – Combating Antisemitism” (printed matter 18/1061).

The German Parliament became the first in the European Union to pass a symbolic non-legally binding motion that designates the Boycott, Divestment and Sanctions (BDS) movement against Israel as Antisemitic. The resolution quotes the International Holocaust Remembrance Alliance’s (IHRA) Working Definition of Antisemitism, and states that “the pattern of argument and methods of the BDS movement are antisemitic” and “recall the most terrible phase of German history”.

Initially promoted by CDU, the Social Democrats, the FDP and the Greens, the motion was supported by an overwhelming majority.

  • What it does:

> The motion called on German institutions to cut the funds for its activities and “not provide premises and facilities under the administration of the Bundestag to organisations that express themselves in antisemitic terms or question Israel’s right to exist.”

> The motion has created a significant chilling effect on advocates for Palestinian rights in the country: German and international solidarity groups, intellectuals, academics and artists have had applications for public spaces denied, funding cut off, invitations to events or prizes withdrawn or speeches cancelled in direct violation of their fundamental rights.

  • Opposition:

> In June, 240 Jewish and Israeli scientists and scholars published “A Call to German Parties not to Equate BDS with antisemitism”.

> In November, five UN special rapporteurs sent a letter to the German government expressing concerns over the motion that “sets a worrying trend of unduly limiting the rights to freedom of opinion and expression” and affirming that “it is not anti-Semitic to criticise the Government of Israel”. The letter was made public after a 60-day period of reply ended without a response from the German authorities.

> In May 2020, three plaintiffs represented by lawyer Ahmed Abed assisted by the ELSC submitted an administrative complaint before the Administrative Court of Berlin to nullify the motion (for further information see: Administrative complaint against Bundestag anti-BDS motion).

17 January 2018, Bundestag motionResolutely Combatting Antisemitism” (printed matter 19/444).

This non-legally binding motion, brought by right and centrist parties, defined the calls to boycott Israel as “unacceptable” and urged the German government to take decisive action against BDS.

  • What is does:

> Calls on judiciary institutions “to review to what extent a boycott may constitute a criminal offence, for instance incitement to hatred“.

> Calls on the Federal Government to appoint an Antisemitism Commissioner.

20 September 2017, adoption of the IHRA Working Definition of Antisemitism*

Germany adopted an extended version of the International Holocaust Remembrance Alliance’s (IHRA) Definition of Antisemitism per a government decision.
The definition was drawn up by the Conservative Interior Minister Thomas de Maizière (CDU) and Social Democratic Foreign Minister Sigmar Gabriel (SPD). The federal government recommended to all spheres of German society to apply it in full.

*The text does not explicitly refer to the additional examples. Yet, since it does not explicitly exclude them, we consider that the Germany has adopted the IHRA Working Definition of Antisemitism, including the additional examples. Moreover, the definition is an extended version that adds to the IHRA definition that “the State of Israel, understood as a Jewish collective, may also be the target of such attacks”.

States (Länders) Level

20 September 2018, North-Rhine Westphalia motionNo Place for Antisemitic BDS Movement in North Rhine-Westphalia” (printed matter 17/3577)

The parliament of North Rhine-Westphalia, Germany’s most populous state, adopted a motion barring public institutions from hosting and supporting BDS groups and condemning “the Antisemitic and anti-Israel BDS campaign.”

22/06/2018, Thuringia motion “Fighting Antisemitism in Thuringia consistently” (printed matter 6/5886)

The parliament of Thuringia adopted a motion where it condemned the BDS campaign as a “manifestation of Israel-related Antisemitism”.

27 February 2018, Baden-Württemberg motion “Resolutely Fight Antisemitism” (printed matter 16/3622)

The parliament of Baden-Württemberg adopted a motion strongly condemning BDS activities.

Local Level

13 July 2019, Bielefeld motionFighting Antisemitism – Countering the BDS Campaign” (printed matter n 8977/2014-2020)

The City of Bielefeld, explicitly referring to the Bundestag anti-BDS motion of May 2019 and to that of the North Rhine Westphalia Parliament, declared the BDS campaign to be Antisemitic and called upon all municipal institutions to deny facilities and subsidies to BDS groups.

27 June 2019, Leipzig motionAgainst all Antisemitism

The City of Leipzig adopted a motion defining the BDS movement Antisemitic and stating that the movement would not get funding from the city or be allowed to use its public spaces.

14 may 2019, Bonn motionNo Place for the Antisemitic BDS Movement in Bonn” (printed matter n 1911513)

The City Council defined the BDS movement Antisemitic and called upon all municipal institutions in Bonn to deny public facilities and subsidies to BDS groups, as well as to not support any event and group that share BDS goals.

11 April 2019, Bochum motion “No to Antisemitism”

The City of Bochum defined the BDS movement Antisemitic and called upon all municipal institutions to deny public facilities and subsidies to BDS groups, as well as to not support any event and group that share BDS goals.

1 March 2019, Dortmund Declaration “Declaration of Principles of the Network for Combating Antisemitism in Dortmund”

Through the declaration, the City of Dortmund endorsed the IHRA Working Definition of Antisemitism. It also rejected BDS activities, stating that the BDS movement would not get funding from the city or be allowed to use its public spaces.

5 July 2018, Cologne motion “No Room for Antisemitism in Cologne! For a Solidary Urban Society!” (AN 1096/2018)

The City of Cologne adopted a motion where it identified among the “current forms of Antisemitism” the boycott campaigns against Israel.

31 May 2018, Berlin motion “Against all Antisemitism! – Protect Jewish Life in Berlin” (printed matter 18/1061)

The City of Berlin adopted a motion introducing the IHRA Working Definition of Antisemitism as a basis for Berlin’s administrative action. It also rejected the BDS campaign: “Berlin clearly rejects all calls for an anti-Semitic boycott.  This also applies to the BDS campaign (“boycott, divestment and sanctions”).  As far as legally possible, no premises or areas will be made available to organisations, associations or individuals who delegitimise Israel’s existence as a Jewish state or who otherwise act in an anti-Semitic manner.  They are also not to receive any grants or subsidies from the state”

In September 2017, Berlin mayor, Michael Mueller (SPD), accused the BDS movement of antisemitism and said he would personally ensure that the city won’t found or grant public spaces to any BDS related groups.

3 January 2018, Hamburg motionThere is No Place for Antisemitism in Hamburg” (printed matter 21/11500)

The City of Hamburg adopted a motion labelling BDS activities antisemitic, and drawing comparison between the BDS campaign and the Nazi slogans: ”anyone who today calls for a general boycott of Israeli goods and services under the flag of the BDS movement is speaking in the same language in which people were once called upon not to buy from Jews”.

14 December 2017, Munich motion “Against all Antisemitism! – No Cooperation with the Antisemitic BDS Movement”

The City of Munich adopted a motion defining the BDS movement antisemitic and stating that the movement would not get funding from the city or be allowed to use its public spaces.

25 August 2017, Frankfurt motion “No Room for Antisemitism – Actively Oppose BDS”

The city of Frankfurt adopted a motion defining the BDS movement antisemitic and stating that the movement would not get funding from the city or be allowed to use its public spaces.

Civil Society and Parties

19 November 2019, Hochschulrektorenkonferenz (HRK, German Rectors’ Conference) resolution “No Place for Antisemitism

The German Rectors Conference adopted a resolution calling for compulsory use of the IHRA Working Definition of Antisemitism by all German academic institutions to regulate speech, thought and research. In addition, the HRK expressed support for the resolution “Against BDS and every Antisemitism” adopted by several German student societies, students committee and party-affiliated university groups.

16 June 2019, German-Israeli Student Conference motion “Against any Antisemitism and BDS”

During the first German-Israeli Student Conference, held in Frankfurt in June 2016, the participants (many student societies) adopted a motion defining the BDS movement as “an especially aggressive expression of Israel-related antisemitism”.

30 October 2018, Student Council of the University of Cologne motion “Fighting the BDS Movement – No Room for Antisemitism at the University of Cologne!”

The Student Council of the University of Cologne adopted a motion labelling the BDS movement antisemitic. In addition, the motion barred student body entities from supporting or participating in boycotts against Israel.

23 May 2018, Student Council Gutenberg University in Mainz motion (could not find the document)

The Student Council of Gutenberg University in Mainz adopted a motion labelling the BDS campaign antisemitic, barring student body entities from supporting or participating in boycotts against Israel. (to verify).

15 November 2017, Green Party of Bavaria motion “No to Antisemitism! No to BDS!”

During the 2017 state delegate conference, the Green Party of Bavaria adopted a motion labelling the BDS campaign antisemitic and drawing comparison between the BDS movement and the Nazi slogan “Do not buy from Jews”.

3 August 2017, Student Council of the Johann Wolfgang Goethe University of Frankfurt motion “Against Antisemitic Boycott Movements”

The Student Council of the Goethe University in Frankfurt adopted a motion labelling the BDS campaign antisemitic. It also called on its partners to exclude cooperation with BDS supporters.

7 December 2016, CDU party motion against BDS

During the 2016 CDU party conference, the party adopted a motion rejecting BDS activities and labelling the movement antisemitic. The CDU also condemned BDS for dressing up antisemitism as anti-Zionism, disguising an old prejudice in “new clothes of the 21st century”. The document was submitted in the first place by CDU Frankfurt.

(https://www.cdu.de/system/tdf/media/dokumente/29_parteitag_antragsbroschuere_mit_deckblaettern.pdf?file=1 pag 115/116)

12 July 2016, Student Council of Leipzig University motion “Boycott of Antisemitic Campaigns”

The Student Council of Leipzig University passed a motion labelling the BDS campaign antisemitic, stating that the demands of the BDS movement “represent an existential threat to Jews”. https://www.fdd.org/analysis/2020/08/21/boykott/