Outlawing Genocide Denial


Book Description

"Holocaust denial can be viewed as another form of hatred against Jews and restricting it can be understood as a way of preventing hate speech. Germany has made it a crime punishable by law. Other European countries have adopted similar laws. While the rationales for criminalizing speech seems reasonable, Lewy asks readers to look again and to consider carefully the dangers of doing so. His discussion neither dismisses the ramifications of genocide denial nor justifies it; he instead looks closely at the possible risks of government-enforced interpretations of history. By outlawing genocide denial, governments set a precedent for dictating historical 'truth' and how events should be interpreted. Such government restrictions can be counterproductive in a democratic society that values freedom of speech. Lewy examines these and related ideas through the analysis of historical and current examples."--Publisher's Web site.




Genocide Denials and the Law


Book Description

In Genocide Denials and the Law, Ludovic Hennebel and Thomas Hochmann offer a thorough study of the relationship between law and genocide denial from the perspectives of specialists from six countries. This controversial topic provokes strong international reactions involving emotion caused by denial along with concerns about freedom of speech. The authors offer an in-depth study of the various legal issues raised by the denial of crimes against humanity, presenting arguments both in favor of and in opposition to prohibition of this expression. They do not adopt a pro or contra position, but include chapters written by proponents and opponents of a legal prohibition on genocide denial. Hennebel and Hochmann fill a void in academic publications by comparatively examining this issue with a collection of original essays. They tackle this diverse topic comprehensively, addressing not only the theoretical and philosophical aspects of denial, but also the specific problems faced by judges who implement anti-denial laws. Genocide Denials and the Law will provoke discussion of many theoretical questions regarding free speech, including the relationship between freedom of expression and truth, hate, memory, and history.




Law and Memory


Book Description

The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.




Denying the Holocaust


Book Description

The denial of the Holocaust has no more credibility than the assertion that the earth is flat. Yet there are those who insist that the death of six million Jews in Nazi concentration camps is nothing but a hoax perpetrated by a powerful Zionist conspiracy. Sixty years ago, such notions were the province of pseudohistorians who argued that Hitler never meant to kill the Jews, and that only a few hundred thousand died in the camps from disease; they also argued that the Allied bombings of Dresden and other cities were worse than any Nazi offense, and that the Germans were the “true victims” of World War II. For years, those who made such claims were dismissed as harmless cranks operating on the lunatic fringe. But as time goes on, they have begun to gain a hearing in respectable arenas, and now, in the first full-scale history of Holocaust denial, Deborah Lipstadt shows how—despite tens of thousands of living witnesses and vast amounts of documentary evidence—this irrational idea not only has continued to gain adherents but has become an international movement, with organized chapters, “independent” research centers, and official publications that promote a “revisionist” view of recent history. Lipstadt shows how Holocaust denial thrives in the current atmosphere of value-relativism, and argues that this chilling attack on the factual record not only threatens Jews but undermines the very tenets of objective scholarship that support our faith in historical knowledge. Thus the movement has an unsuspected power to dramatically alter the way that truth and meaning are transmitted from one generation to another.




Religious Hatred and International Law


Book Description

This book conceptualizes the 'prohibition of advocacy of religious hatred' from the perspectives of international and comparative law.




Memory and Punishment


Book Description

This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).




Stalin's Genocides


Book Description

The chilling story of Stalin’s crimes against humanity Between the early 1930s and his death in 1953, Joseph Stalin had more than a million of his own citizens executed. Millions more fell victim to forced labor, deportation, famine, bloody massacres, and detention and interrogation by Stalin's henchmen. Stalin's Genocides is the chilling story of these crimes. The book puts forward the important argument that brutal mass killings under Stalin in the 1930s were indeed acts of genocide and that the Soviet dictator himself was behind them. Norman Naimark, one of our most respected authorities on the Soviet era, challenges the widely held notion that Stalin's crimes do not constitute genocide, which the United Nations defines as the premeditated killing of a group of people because of their race, religion, or inherent national qualities. In this gripping book, Naimark explains how Stalin became a pitiless mass killer. He looks at the most consequential and harrowing episodes of Stalin's systematic destruction of his own populace—the liquidation and repression of the so-called kulaks, the Ukrainian famine, the purge of nationalities, and the Great Terror—and examines them in light of other genocides in history. In addition, Naimark compares Stalin's crimes with those of the most notorious genocidal killer of them all, Adolf Hitler.




The Genocide Convention


Book Description

Genocide is acknowledged as 'the crime of crimes'. This book is the product of an encounter between scholars of historical and legal disciplines which have joined forces to address the question of whether the legal concept of genocide still corresponds with the historical and social perception of the phenomenon.




An Introduction to the Criminology of Genocide


Book Description

This textbook provides an accessible and interdisciplinary introduction to genocide with an emphasis on the criminal aspect of genocide. It draws on sociological, political, and historical concepts to discuss how they contribute to our understanding of genocide as an international crime. It walks students through the evolution of genocide as a criminal act and the legal responses available using case studies to demonstrate how concepts work in action. It combines Criminology and Law, arguing that Criminology can help explain the ‘why and how’ while Law can explain the responses to crime. This textbook includes a chapter on genocide denial as well as discussion questions at the end of the chapters, boxed examples, and further reading. It speaks to students in Criminology, Law, Socio-Legal Studies, and beyond, as well as to practitioners in the criminal justice field.




Forgotten Genocides


Book Description

Unlike the Holocaust, Rwanda, Cambodia, or Armenia, scant attention has been paid to the human tragedies analyzed in this book. From German Southwest Africa (now Namibia), Burundi, and eastern Congo to Tasmania, Tibet, and Kurdistan, from the mass killings of the Roms by the Nazis to the extermination of the Assyrians in Ottoman Turkey, the mind reels when confronted with the inhuman acts that have been consigned to oblivion. Forgotten Genocides: Oblivion, Denial, and Memory gathers eight essays about genocidal conflicts that are unremembered and, as a consequence, understudied. The contributors, scholars in political science, anthropology, history, and other fields, seek to restore these mass killings to the place they deserve in the public consciousness. Remembrance of long forgotten crimes is not the volume's only purpose—equally significant are the rich quarry of empirical data offered in each chapter, the theoretical insights provided, and the comparative perspectives suggested for the analysis of genocidal phenomena. While each genocide is unique in its circumstances and motives, the essays in this volume explain that deliberate concealment and manipulation of the facts by the perpetrators are more often the rule than the exception, and that memory often tends to distort the past and blame the victims while exonerating the killers. Although the cases discussed here are but a sample of a litany going back to biblical times, Forgotten Genocides offers an important examination of the diversity of contexts out of which repeatedly emerge the same hideous realities.