Why not the law? Options for dealing with Holocaust and Genocide Denial

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

This chapter explores several alternatives to laws on denial in its 'basic' form, including modifications of the legal approach, but also the possibility of truth and reconciliation commissions and direct confrontation with the deniers. Furthermore, criminalisation of denial is, by necessity, exclusive: even if the message of solidarity were adequately conveyed, it would be solidarity only with victims of particular crimes. The extensive nature of some laws on revision and denial suggests that a modification of the legal approach might offer a way of addressing the problem while retaining the advantages of the legal sanction. The possibility that laws on genocide and Holocaust denial may have a restrictive impact on human rights is one of the key issues in the contemporary debate on criminalisation. A particular criticism with regard to criminalisation is founded on doubts relating to its efficiency, if measured by the aim underlying its adoption.
Original languageEnglish
Title of host publicationHolocaust and Genocide Denial
Subtitle of host publicationA Contextual Perspective
EditorsPaul Behrens, Olaf Jensen, Nicholas Terry
PublisherRoutledge
Chapter15
Pages230-250
Edition1st
ISBN (Electronic)9781315562377
ISBN (Print)9781138672734, 9780367024253
DOIs
Publication statusPublished - 22 May 2017

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