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Full Description
This book provides a detailed analysis of one of the most prominent and widespread international phenomena to which criminal justice systems has been applied: the expression of revisionist views relating to mass atrocities and the outright denial of their existence. Denial poses challenges to more than one academic discipline: to historians, the gradual disappearance of the generation of eyewitnesses raises the question of how to keep alive the memory of the events, and the fact that negationism is often offered in the guise of historical 'revisionist scholarship' also means that there is need for the identification of parameters which can be applied to the office of the 'genuine' historian. Legal academics and practitioners as well as political scientists are faced with the difficulty of evaluating methods to deal with denial and must in this regard identify the limits of freedom of speech, but also the need to preserve the rights of victims. Beyond that, the question arises whether the law can ever be an effective option for dealing with revisionist statements and the revisionist movement. In this regard, Holocaust and Genocide Denial: A Contextual Perspective breaks new ground: exploring the background of revisionism, the specific methods devised by individual States to counter this phenomenon, and the rationale for their strategies. Bringing together authors whose expertise relates to the history of the Holocaust, genocide studies, international criminal law and social anthropology, the book offers insights into the history of revisionism and its varying contexts, but also provides a thought-provoking engagement with the challenging questions attached to its treatment in law and politics.
Contents
List of contributors
Introduction
Paul Behrens, Nicholas Terry and Olaf Jensen
Part I
Development and concept of genocide denial
1. Alexander Ratcliffe: British Holocaust denial in embryo
Mark Hobbs
2. Countering Holocaust denial in relation to the Nuremberg trials
Michael Salter
3. Holocaust denial in the age of web 2.0: negationist discourse since the Irving-Lipstadt trial
Nicholas Terry
Part II
Holocaust and genocide denial around the world
4. Silence and denial in Gulag testimonies: listening for the unspeakable
Elisabeth Anstett
5. The presence of the past: on the significance of the Holocaust and the criminalisation of its negation in the Federal Republic of Germany
Christian Mentel
6. The prohibition of 'glorification of National Socialism' as an addition to the criminal provision on genocide denial: (Sect. 130 (4) of the German Criminal Code)
Björn Elberling and Alexander Hoffmann
7. Reckoning with the past? Rwanda's revised Genocide Ideology Law and international human rights law on freedom of expression
Sejal Parmar
8. A view of the impact of genocide denial laws in Rwanda
Niamh Barry
9. Confronting genocide denial: using the law as a tool in combating genocide denial in Rwanda
Freda Kabatsi
10. Srebrenica and genocide denial in the former Yugoslavia: what has the ICTY done to address it?
Dejana Radisavljević and Martin Petrov
11. Holocaust denial in Iran: Ahamdinejad, the 2006 Holocaust conference and international law
Paul Behrens
12. A centenary of denial: the case of the Armenian genocide
Nariné Ghazaryan
Part III
Dealing with Holocaust and genocide denial
13. From introduction to implementation: first steps of the EU Framework Decision 2008/913/JHA against racism and xenophobia
Paolo Lobba
14. Combating genocide denial via law: état des lieux of anti-denial legislation
Caroline Fournet and Clotilde Pégorier
15. Why not the law? Options for dealing with genocide and Holocaust denial
Paul Behrens
16. Concluding thoughts
Paul Behrens, Nicholas Terry and Olaf Jensen
Index
