The Council of Europe has criticized Germany for being too strict and “expansive” in its interpretation of what constitutes antisemitism.
In a report released Wednesday, Commissioner for Human Rights Michael O’Flaherty said: “Freedom of expression has faced disproportionate restrictions, particularly in debates about Palestinian rights and legitimate criticism of the Israeli government.”
O’Flaherty visited Germany in October 2025, during which he said he saw increasing pressure on democratic freedoms and undue restrictions on various peaceful protests, “especially those related to the Palestine solidarity movement.”
He also condemned reports of excessive use of force by law enforcement officers in Berlin and elsewhere during protests relating to the war in Gaza.
While he said that Germany must continue to tackle antisemitism, he stressed that “the distinction between legitimate criticism of state policies and antisemitism must not become blurred.” He also said that the IHRA working definition of antisemitism must “not be distorted or misapplied to stifle freedom of expression or legitimate criticism of state policies.”
He especially criticized the fact that criticism of Israel may jeopardise residency or naturalisation prospects or lead to criminal liability.
He recommended that any restrictions on the right to peaceful assembly are based on individualised assessments rather than blanket assumptions or generalised fear of tensions. He also argued that restrictions on protests should not be based on the content of the messages they seek to communicate, as long as they stay within the limits set by Article 10(2) of the European Convention on Human Rights (ECHR).
As examples, O’Flaherty recommended that authorities refrain from blanket prohibitions of slogans, symbols, or other forms of expression in support of the Palestinian people.
Praise for German commitment to protect Jews
O’Flaherty did praise Germany’s commitment to protecting Jewish life and reiterated the importance of tackling antisemitism by increasing awareness and promoting Holocaust remembrance. He also said that anti-Muslim hatred should be recognised as a societal problem and efforts to raise awareness of and address it should be enhanced across state institutions.
Responding to the memorandum, the German government said it disagreed with allegations of unlawful acts by the German authorities. It added that rights to freedom of expression, of association, of assembly, as well as asylum and citizenship are protected and defended by all government authorities, but that these freedoms are not unconditional.
“These reach their limits wherever they are directed against the rights of others and violate rules which are necessary for all to live peacefully together. This applies to all expressions of opinion, assemblies and associations, including those in the context of pro-Palestinian protests,” the German government said.
It said that current developments in the Middle East continue to arouse strong emotions and mobilize Palestinian sympathizers worldwide, including in Germany, to act peacefully, but that the situation “unfortunately also serves as a motive and justification for some other actors to commit crimes in Germany.”
“These anti-Israel and anti-Jewish rallies typically consist of a broad spectrum of participants who have nothing in common except pure hatred of Israel and the Jewish people.”
The German government stressed that the right to freedom of assembly expressions are allowed and possible as long as they do not violate criminal law, do not call for violence, hate, or incitement, or, in this context, challenge in any form Israel’s right to exist.
The German government also referenced the recent MOTRA study, which found that antisemitic attitudes are significantly more prevalent among people of the Muslim faith.