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Genocide Denials And The Law
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Book Synopsis Genocide Denials and the Law by : Ludovic Hennebel
Download or read book Genocide Denials and the Law written by Ludovic Hennebel and published by Oxford University Press. This book was released on 2011-02-09 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Holocaust and Genocide Denial by : Paul Behrens
Download or read book Holocaust and Genocide Denial written by Paul Behrens and published by Routledge. This book was released on 2017-05-18 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Responding to Modern Genocide by : Mark D. Kielsgard
Download or read book Responding to Modern Genocide written by Mark D. Kielsgard and published by Routledge. This book was released on 2015-07-30 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments in the understanding and treatment of genocide through the twentieth century have involved a combination of politics, public opinion, social trends, and economic development, and led to the substantive law of genocide and the assumption of international jurisdiction. This book analyzes incidences of genocide and mass atrocities, focusing on the political factors involved in modern counter-genocide efforts. Drawing on incidences of genocide and mass atrocity such as the Holocaust, the Rwandan genocide, and the Armenian genocide, Mark Kielsgard adopts a conceptual model that reveals the political factors which impact the international law of genocide, such as barriers and catalysts to transitional justice and the politics of genocide denial. As a work which provides a focused picture of those influences and their significance to genocide studies, this book will be of great use and interest to students and researchers in international criminal law, conflict studies, and conflict resolution.
Book Synopsis Memory and Punishment by : Emanuela Fronza
Download or read book Memory and Punishment written by Emanuela Fronza and published by Springer. This book was released on 2018-02-27 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Book Synopsis The Killing of Death by : Roland Moerland
Download or read book The Killing of Death written by Roland Moerland and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study deals with the phenomenon of genocide denialism, and in particular how it operates in the context of the genocide against the Tutsi. The term genocide denialism denotes that we are not dealing with a single act or type of (genocide) denial but with a more elaborate process of denial that involves a variety of denialist and denial-like acts that are part of the process of genocide. From this study it becomes clear that the process of genocide thrives on a more elaborate denial dynamic than recognized in expert literature until now. This study consists of three parts. The first theoretical part analyses what the elements of denial and genocide entail and how they are (inter)related. The exploration results in a typology of genocide denialism. This model clarifies the different functions denial performs throughout the process of genocide. It furthermore explains how actors engage in denial and on which rhetorical devices speech acts of denial rely. The second part of the study focuses on denial in practice and it analyses how denial operates in the particular case of the genocide against the Tutsi. The analysis reveals a complex denial dynamic: not only those who perpetrated the genocide are involved in its denial, but also certain Western scholars, journalists, lawyers, etc. The latter were originally not involved in the genocide but recycle (elements of) the denial discourse of the perpetrators. The study addresses the implications of such recycling and discusses whether these actors actually have become involved in the genocidal process. This sheds light on the complex relationship between genocide and denial. The insights gained throughout the first two parts of this study have significant implications for many other actors that through their actions engage with the flow of meaning concerning the specific events in Rwanda or genocide in general. The final part of this study critically reflects on the actions of a variety of actors and their significance in terms of genocide denialism. These actors include scholars from various fields, human rights organisations, the ICTR, and the government of Rwanda. On a more fundamental level this study critically highlights how the revisionist scientific climate, in which knowledge and truth claims are constantly questioned, is favourable to genocide denialism and how the post-modern turn in academia has exacerbated this climate. Ultimately, this study reveals that the phenomenon of genocide denial involves more than perpetrators denying their genocidal crimes and the scope of actors and actions relevant in terms of genocide denialism is much broader than generally assumed.
Book Synopsis Denial: The Final Stage of Genocide? by : John Cox
Download or read book Denial: The Final Stage of Genocide? written by John Cox and published by Routledge. This book was released on 2021-09-21 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Genocide denial not only abuses history and insults the victims but paves the way for future atrocities. Yet few, if any, books have offered a comparative overview and analysis of this problem. Denial: The Final Stage of Genocide? is a resource for understanding and countering denial. Denial spans a broad geographic and thematic range in its explorations of varied forms of denial—which is embedded in each stage of genocide. Ranging far beyond the most well-known cases of denial, this book offers original, pathbreaking arguments and contributions regarding: competition over commemoration and public memory in Ukraine and elsewhere transitional justice in post-conflict societies; global violence against transgender people, which genocide scholars have not adequately confronted; music as a means to recapture history and combat denial; public education’s role in erasing Indigenous history and promoting settler-colonial ideology in the United States; "triumphalism" as a new variant of denial following the Bosnian Genocide; denial vis-à-vis Rwanda and neighboring Congo (DRC). With contributions from leading genocide experts as well as emerging scholars, this book will be of interest to scholars and students of history, genocide studies, anthropology, political science, international law, gender studies, and human rights.
Book Synopsis Outlawing Genocide Denial by : Guenter Lewy
Download or read book Outlawing Genocide Denial written by Guenter Lewy and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Book Synopsis Responsibility for negation of international crimes by : Patrycja Grzebyk
Download or read book Responsibility for negation of international crimes written by Patrycja Grzebyk and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: History is no longer the exclusive domain of historians, but is now often used as a tool for politics. It is not without reason that the term “state historical policy” has been coined, which must be a kind of aberration for those who believed that the role of history is to objectively determine the course of events. The fact is, however, that the distortion of historical facts, the concealment of crimes is now part of the “information war”. Therefore, new acts of public international law, EU law and national law are introduced in order to combat public condonation, denial or gross trivialisation of the core international crimes which are certain forms and expressions of racism and xenophobia. States have to determine for themselves how they understand “denial” or “gross trivialization”, which may lead to abuse. In many cases, when introducing criminal law provisions, States wish to decree historical truth, to establish once and for all the general facts and determine who was the victim, and who was the perpetrator. This does not have to be the result of bad will, but of a desire to exclude the possibility of nuance, which could turn into dangerous trivialisation. The aim of this publication is to specify the reasons for holding accountable for denial of international crimes, indicate legal obligations in this respect, look at the Polish case, both in terms of criminal provisions (partly repealed) and standards of a civil law nature, and compare the Polish regulation with the legal systems of other states, which were chosen because of the region (Central and Eastern Europe) or due to having current problems with denial of crimes or doubts about prosecution on this account.
Book Synopsis Historical Revisionism in Comparative Perspective by : Uladzislau Belavusau
Download or read book Historical Revisionism in Comparative Perspective written by Uladzislau Belavusau and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Crime of Destruction and the Law of Genocide by : Caroline Fournet
Download or read book The Crime of Destruction and the Law of Genocide written by Caroline Fournet and published by Routledge. This book was released on 2016-03-16 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly original work provides a thought-provoking and valuable resource for researchers and academics with an interest in genocide, criminology, international organizations, and law and society. In her book, Caroline Fournet examines the law relating to genocide and explores the apparent failure of society to provide an adequate response to incidences of mass atrocity. The work casts a legal perspective on this social phenomenon to show that genocide fails to be appropriately remembered due to inherent defects in the law of genocide itself. The book thus connects the social response to the legal theory and practice, and trials in particular. Fournet's study illustrates the shortcomings of the Genocide Convention as a means of preventing and punishing genocide as well as its consequent failure to ensure the memory of this heinous crime.
Book Synopsis Racial Justice, Policies and Courts' Legal Reasoning in Europe by : María Elósegui
Download or read book Racial Justice, Policies and Courts' Legal Reasoning in Europe written by María Elósegui and published by Springer. This book was released on 2017-04-08 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume looks at how courts and the police handle racial discrimination in Europe. The chapters show that beyond legal technique, neither the legislators nor the judges escape from their own emotions when responding to racial discrimination. But, as the authors point out, emotions are not always negative. They can also help in a positive way in judicial interpretation. The study profiles five countries: Germany, UK, Estonia, Portugal and Spain. Each of these belong both to the European Union and to the Council of Europe. Coverage examines the responsibility of the public powers, more specifically of the legislative and judicial power, both of the police and of the judiciary, in persecuting racist behavior. In addition, the authors also consider the increase in racism in groups of citizens. The authors argue that racial justice is a proactive reinforcement of policies, practices, attitudes and actions that lead to equal access to opportunities for all. After reading this book, readers will gain a better understanding of the reasoning of legislators, police and judges when dealing with racial discrimination in Europe today.
Book Synopsis Law and Memory by : Uladzislau Belavusau
Download or read book Law and Memory written by Uladzislau Belavusau and published by Cambridge University Press. This book was released on 2017-10-19 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Transitional Justice and the Public Sphere by : Chrisje Brants
Download or read book Transitional Justice and the Public Sphere written by Chrisje Brants and published by Bloomsbury Publishing. This book was released on 2017-11-02 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities. This book looks at the question of transparency within the framework of transitional justice. Bringing together scholars from across the disciplinary spectrum, the collection analyses the issue from socio-legal, cultural studies and practitioner perspectives. Taking a three-part approach, it firstly discusses basic principles guiding justice globally before exploring courts and how they make justice visible. Finally, the collection reviews the interface between law, transitional justice institutions and the public sphere.
Book Synopsis Memory Laws, Memory Wars by : Nikolay Koposov
Download or read book Memory Laws, Memory Wars written by Nikolay Koposov and published by Cambridge University Press. This book was released on 2017-10-12 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major contribution to our understanding of present-day historical consciousness through a study of memory laws across Europe.
Book Synopsis Intergenerational Equity by : Thomas Cottier
Download or read book Intergenerational Equity written by Thomas Cottier and published by BRILL. This book was released on 2019-03-19 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intergenerational Equity: Environmental and Cultural Concerns tackles intergenerational equity from various perspectives with a view to understanding what is fair and/or just within and among generations.
Book Synopsis Hate, Politics, Law by : Thomas Brudholm
Download or read book Hate, Politics, Law written by Thomas Brudholm and published by Oxford University Press. This book was released on 2018 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hate, Politics, Law: Critical Perspectives on Combating of Hate offers a critical exploration and assessment of the basic assumptions, ideals, and agendas behind the modern fight against hate. The essays in this volumes explore these issues and provide a range of explanatory and normative perspectives on the awkward relationship between hate and liberal democracy.
Book Synopsis Regulation of Speech in Multicultural Societies by : Marcel Maussen
Download or read book Regulation of Speech in Multicultural Societies written by Marcel Maussen and published by Routledge. This book was released on 2017-10-02 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the way in which public debate and legal practice intersect when it comes to the value of free speech and the need to regulate "offensive", "blasphemous" or "hate" speech, especially, though not exclusively where such speech is thought to be offensive to members of ethnic and religious minorities. The themes addressed are of great significance for contemporary societies in many parts of the world, including Europe and North America, and although the volume focuses principally on the European context, it also addresses the theme on an international level. Contributions look at the transnational intertextuality of the debate, as well as comparing approaches to regulation in different countries (notably between the European Court of Human Rights and the United States Supreme Court). This book was originally published as a special issue of the Journal of Ethnic and Migration Studies.
