Laws against Holocaust denial
Encyclopedia
Holocaust denial
is illegal in a number of European countries. Many countries also have broader laws that criminalize genocide denial
. In addition, the European Union
has issued a directive to combat racism and xenophobia, which makes provision for member states criminalising Holocaust denial, with a maximum prison sentence of between one and three years. Also, the Council of Europe's 2003 Additional Protocol to the Convention on Cyber Crime, concerning the prosecution of acts of a racist and xenophobic nature committed through computer systems includes an article entitled Denial, gross minimisation, approval or justification of genocide or crimes against humanity, although this does not have the status of law. Of the countries that ban Holocaust denial, a number (Austria
, Germany
, Hungary
, and Romania
) were among the perpetrators of the Holocaust
, and many of these also ban other elements associated with Nazism, such as Nazi symbols.
. According to D. Guttenplan, this is a split between the "common law
countries of the United States, Ireland and many British Commonwealth
countries from the civil law countries of continental Europe and Scotland. In civil law
countries the law is generally more proscriptive. Also, under the civil law regime, the judge acts more as an inquisitor, gathering and presenting evidence as well as interpreting it". Michael Whine argues that Holocaust denial can inspire violence against Jews; he states, "Jews' experience in the post-World War II era suggests that their rights are best protected in open and tolerant democracies that actively prosecute all forms of racial and religious hatred."
János Kis
and TASZ, in particular András Schiffer
feel the work of Holocaust deniers should be protected by a universal right to free speech
.
An identical argument was used by the Hungarian Constitutional Court (Alkotmánybíróság) led by László Sólyom
when it struck down a law against Holocaust denial in 1992.
The argument that laws punishing Holocaust denial are incompatible with the European Convention on Human Rights and the Universal Declaration of Human Rights
have been rejected by institutions of the Council of Europe
(the European Commission of Human Rights
, the European Court of Human Rights
) and also by the United Nations Human Rights Committee.
Historians who oppose such laws include Raul Hilberg
, Richard J. Evans
, and Pierre Vidal-Naquet
. Other prominent opponents of the laws are Timothy Garton Ash
, Christopher Hitchens
, Peter Singer
, and Noam Chomsky
. An uproar resulted when Serge Thion
used one of Chomsky's essays without explicit permission as a foreword to a book of Holocaust denial essays (see Faurisson affair
). These laws have also been criticized on the grounds that education is more effective than legislation at combating Holocaust denial and that the laws will make martyrs out of those imprisoned for their violation.
, the Verbotsgesetz 1947
provided the legal framework for the process of denazification
in Austria and suppression of any potential revival of Nazism
. In 1992, it was amended to prohibit the denial or gross minimisation of the Holocaust.
in 1995.
's Parliament proposed such a legislation. Bosnian Serb MP's voted against this legislation and proposed that such an issue should be resolved within the Criminal Code of Bosnia and Herzegovina. Following this, on 6 May 2009 Bosniak MP's Adem Huskic, Ekrem Ajanovic and Remzija Kadric proposed to the BH parliament a change to the Criminal Code of Bosnia and Herzegovina
where Holocaust, genocide and crimes against humanity denial would be criminalized. Bosnian Serb MP's have repeatedly been against such a legislation claiming that the law "would cause disagreement and even animosity" according to SNSD member Lazar Prodanovic.
is illegal in the Czech Republic
.
, the Gayssot Act
, voted for on July 13, 1990, makes it illegal to question the existence of crimes that fall in the category of crimes against humanity as defined in the London Charter of 1945
, on the basis of which Nazi leaders were convicted by the International Military Tribunal at Nuremberg
in 1945-46. When the act was challenged by Robert Faurisson
, the Human Rights Committee
upheld it as a necessary means to counter possible antisemitism.
, Volksverhetzung
("incitement of the people") is a concept in German criminal law
that bans the incitement of hatred against a segment of the population. It often applies in (although is not limited to) trials relating to Holocaust denial in Germany. In addition, Strafgesetzbuch § 86a
outlaws various symbols of "unconstitutional organisations", such as the Swastika
and the SS runes.
The definition of section 6 of the Code of Crimes against International Law
referenced in the above § 130 is as follows:
declared the denial or trivialization of the Holocaust a crime punishable by up to three years imprisonment on February 23, 2010. The law was signed by the President
of the Republic in March 2010. On June 8, 2010, the newly elected Fidesz-dominated parliament changed the formulation of the law to "punish those, who deny the genocides committed by national socialist or communist systems, or deny other facts of deeds against humanity". The word "Holocaust" is no longer in the law.
, a law to criminalize Holocaust denial was passed by the Knesset
on July 8, 1986.
's criminal code prohibits the denial of genocide.
, Article 457-3 of the Criminal Code, Act of 19 July 1997 outlaws Holocaust denial and denial of other genocides. The punishment is imprisonment for between 8 days and 6 months and/or a fine. The offence of "negationism and revisionism" applies to:
.
, Portuguese law
prohibits genocide denial.
, Emergency Ordinance No. 31 of March 13, 2002 prohibits Holocaust denial. It was ratified on May 6, 2006. The law also prohibits racist, fascist, xenophobic symbols, uniforms and gestures: proliferation of which is punishable with imprisonment from between six months to five years.
until the Constitutional Court of Spain
ruled that the words "deny or" were unconstitutional in its judgement of November 7, 2007. As a result, Holocaust denial is legal in Spain, although justifying the Holocaust or any other genocide is an offence punishable by imprisonment in accordance with the constitution.
, but the denial of genocide and other crimes against humanity is an imprisonable offence.
proposed a European Union wide anti-racism xenophobia law in 2001, which included the criminalization of Holocaust denial. On July 15, 1996, the Council of the European Union
adopted the Joint action/96/443/JHA concerning action to combat racism and xenophobia. During the German presidency there was an attempt to extend this ban. Full implementation was blocked by the United Kingdom
and the Nordic countries
because of the need to balance the restrictions on voicing racist opinions against the freedom of expression. As a result a compromise has been reached within the EU and while the EU has not prohibited Holocaust denial outright, a maximum term of three years in jail is optionally available to all member nations for "denying or grossly trivialising crimes of genocide, crimes against humanity and war crimes."
The EU extradition policy regarding Holocaust denial was tested in the United Kingdom
(UK) during the 2008 failed extradition case brought against the suspected Holocaust denier Frederick Toben by the German government. As there is no specific crime of Holocaust denial in the UK the German government had applied for Toben's extradition under racial and xenophobic crimes. Toben's extradition was refused by the Westminster Magistrates' Court and the German government withdrew its appeal to the High Court.
Holocaust denial
Holocaust denial is the act of denying the genocide of Jews in World War II, usually referred to as the Holocaust. The key claims of Holocaust denial are: the German Nazi government had no official policy or intention of exterminating Jews, Nazi authorities did not use extermination camps and gas...
is illegal in a number of European countries. Many countries also have broader laws that criminalize genocide denial
Genocide denial
Genocide denial occurs when an act of genocide is met with attempts to deny the occurrence and minimize the scale or death toll. The most well-known type is Holocaust denial, but its definition can extend to any genocide that has been minimized or met with excessive skepticism.Where there is near...
. In addition, the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
has issued a directive to combat racism and xenophobia, which makes provision for member states criminalising Holocaust denial, with a maximum prison sentence of between one and three years. Also, the Council of Europe's 2003 Additional Protocol to the Convention on Cyber Crime, concerning the prosecution of acts of a racist and xenophobic nature committed through computer systems includes an article entitled Denial, gross minimisation, approval or justification of genocide or crimes against humanity, although this does not have the status of law. Of the countries that ban Holocaust denial, a number (Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Hungary
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
, and Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
) were among the perpetrators of the Holocaust
The Holocaust
The Holocaust , also known as the Shoah , was the genocide of approximately six million European Jews and millions of others during World War II, a programme of systematic state-sponsored murder by Nazi...
, and many of these also ban other elements associated with Nazism, such as Nazi symbols.
Overview and commentary
Scholars have pointed out that countries that specifically ban Holocaust denial generally have legal systems that limit speech in other ways, such as banning hate speechHate speech
Hate speech is, outside the law, any communication that disparages a person or a group on the basis of some characteristic such as race, color, ethnicity, gender, sexual orientation, nationality, religion, or other characteristic....
. According to D. Guttenplan, this is a split between the "common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
countries of the United States, Ireland and many British Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
countries from the civil law countries of continental Europe and Scotland. In civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
countries the law is generally more proscriptive. Also, under the civil law regime, the judge acts more as an inquisitor, gathering and presenting evidence as well as interpreting it". Michael Whine argues that Holocaust denial can inspire violence against Jews; he states, "Jews' experience in the post-World War II era suggests that their rights are best protected in open and tolerant democracies that actively prosecute all forms of racial and religious hatred."
János Kis
János Kis
János Kis is a Hungarian philosopher and political scientist.Kis was born in Budapest, Hungary. He graduated from Philosophy at the Eötvös Loránd University in 1967. Kis was inspired by the ideas of György Lukács, and became marxist in the 1960's. He joined the Hungarian Communist Party too...
and TASZ, in particular András Schiffer
András Schiffer
András Schiffer is a Hungarian politician, leader of the Politics Can Be Different parliamentary group.He received his Juris Doctor degree at the Eötvös Loránd University in 1995...
feel the work of Holocaust deniers should be protected by a universal right to free speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
.
An identical argument was used by the Hungarian Constitutional Court (Alkotmánybíróság) led by László Sólyom
László Sólyom
László Sólyom is a Hungarian political figure, lawyer, and librarian who was President of Hungary from 2005 to 2010. Previously he was President of the Constitutional Court of Hungary from 1990 to 1998....
when it struck down a law against Holocaust denial in 1992.
The argument that laws punishing Holocaust denial are incompatible with the European Convention on Human Rights and the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
have been rejected by institutions of the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
(the European Commission of Human Rights
European Commission of Human Rights
European Commission of Human Rights was a special tribunal.From 1954 to the entry into force of Protocol 11 of the European Convention on Human Rights, individuals did not have direct access to the European Court of Human Rights; they had to apply to the Commission, which if it found the case to be...
, the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
) and also by the United Nations Human Rights Committee.
Historians who oppose such laws include Raul Hilberg
Raul Hilberg
Raul Hilberg was an Austrian-born American political scientist and historian. He was widely considered to be the world's preeminent scholar of the Holocaust, and his three-volume, 1,273-page magnum opus, The Destruction of the European Jews, is regarded as a seminal study of the Nazi Final...
, Richard J. Evans
Richard J. Evans
Richard John Evans is a British academic and historian, prominently known for his history of Germany.-Life:Evans was born in London, of Welsh parentage, and is now Regius Professor of Modern History at the University of Cambridge and President of Wolfson College...
, and Pierre Vidal-Naquet
Pierre Vidal-Naquet
Pierre Emmanuel Vidal-Naquet was a French historian who began teaching at the École des hautes études en sciences sociales in 1969....
. Other prominent opponents of the laws are Timothy Garton Ash
Timothy Garton Ash
Timothy Garton Ash is a British historian, author and commentator. He is currently serving as Professor of European Studies at Oxford University. Much of his work has been concerned with the late modern and contemporary history of Central and Eastern Europe...
, Christopher Hitchens
Christopher Hitchens
Christopher Eric Hitchens is an Anglo-American author and journalist whose books, essays, and journalistic career span more than four decades. He has been a columnist and literary critic at The Atlantic, Vanity Fair, Slate, World Affairs, The Nation, Free Inquiry, and became a media fellow at the...
, Peter Singer
Peter Singer
Peter Albert David Singer is an Australian philosopher who is the Ira W. DeCamp Professor of Bioethics at Princeton University and Laureate Professor at the Centre for Applied Philosophy and Public Ethics at the University of Melbourne...
, and Noam Chomsky
Noam Chomsky
Avram Noam Chomsky is an American linguist, philosopher, cognitive scientist, and activist. He is an Institute Professor and Professor in the Department of Linguistics & Philosophy at MIT, where he has worked for over 50 years. Chomsky has been described as the "father of modern linguistics" and...
. An uproar resulted when Serge Thion
Serge Thion
Serge Thion is a French sociologist. A former researcher at the French National Center for Scientific Research, he was dismissed from his position there for Holocaust denial activities.- Career :...
used one of Chomsky's essays without explicit permission as a foreword to a book of Holocaust denial essays (see Faurisson affair
Faurisson affair
The Faurisson affair is a term given to an academic controversy in the wake of a book by Robert Faurisson, a Holocaust denier. The scandal largely dealt with the inclusion of an essay by Noam Chomsky, entitled Some Elementary Comments on the Rights of Freedom of Expression, as an introduction to...
). These laws have also been criticized on the grounds that education is more effective than legislation at combating Holocaust denial and that the laws will make martyrs out of those imprisoned for their violation.
Austria
In AustriaAustria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
, the Verbotsgesetz 1947
Verbotsgesetz 1947
The Verbotsgesetz 1947 abbreviated VerbotsG, is an Austrian constitutional law, which banned the Nazi Party and provided the legal framework for the process of denazification in Austria, as well as aiming to suppress any potential revival of Nazism.The law was amended in 1992 to prohibit denying...
provided the legal framework for the process of denazification
Denazification
Denazification was an Allied initiative to rid German and Austrian society, culture, press, economy, judiciary, and politics of any remnants of the National Socialist ideology. It was carried out specifically by removing those involved from positions of influence and by disbanding or rendering...
in Austria and suppression of any potential revival of Nazism
Neo-Nazism
Neo-Nazism consists of post-World War II social or political movements seeking to revive Nazism or some variant thereof.The term neo-Nazism can also refer to the ideology of these movements....
. In 1992, it was amended to prohibit the denial or gross minimisation of the Holocaust.
Belgium
Holocaust denial was made illegal in BelgiumBelgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
in 1995.
Bosnia and Herzegovina
In May 2007 Ekrem Ajanovic, a Bosniak MP in the Bosnian Parliament proposed a legislation on criminalizing the denial of Holocaust, genocide and crimes against humanity. This was the first time that somebody in Bosnia and HerzegovinaBosnia and Herzegovina
Bosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...
's Parliament proposed such a legislation. Bosnian Serb MP's voted against this legislation and proposed that such an issue should be resolved within the Criminal Code of Bosnia and Herzegovina. Following this, on 6 May 2009 Bosniak MP's Adem Huskic, Ekrem Ajanovic and Remzija Kadric proposed to the BH parliament a change to the Criminal Code of Bosnia and Herzegovina
Bosnia and Herzegovina
Bosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...
where Holocaust, genocide and crimes against humanity denial would be criminalized. Bosnian Serb MP's have repeatedly been against such a legislation claiming that the law "would cause disagreement and even animosity" according to SNSD member Lazar Prodanovic.
Czech Republic
In addition to Holocaust denial, denial of communist perpetrated atrocitiesMass killings under Communist regimes
Mass killings occurred under some Communist regimes during the twentieth century with an estimated death toll numbering between 85 and 100 million. Scholarship focuses on the causes of mass killings in single societies, though some claims of common causes for mass killings have been made...
is illegal in the Czech Republic
Czech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
.
France
In FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, the Gayssot Act
Loi Gayssot
The Gayssot Act or Gayssot Law , enacted on July 13, 1990, makes it an offense in France to question the existence or size of the category of crimes against humanity as defined in the London Charter of 1945, on the basis of which Nazi leaders were convicted by the International Military Tribunal at...
, voted for on July 13, 1990, makes it illegal to question the existence of crimes that fall in the category of crimes against humanity as defined in the London Charter of 1945
London Charter of the International Military Tribunal
The London Charter of the International Military Tribunal was the decree issued on August 8, 1945, that set down the laws and procedures by which the Nuremberg trials were to be conducted.The charter stipulated that crimes of the European Axis Powers could be tried...
, on the basis of which Nazi leaders were convicted by the International Military Tribunal at Nuremberg
Nuremberg
Nuremberg[p] is a city in the German state of Bavaria, in the administrative region of Middle Franconia. Situated on the Pegnitz river and the Rhine–Main–Danube Canal, it is located about north of Munich and is Franconia's largest city. The population is 505,664...
in 1945-46. When the act was challenged by Robert Faurisson
Robert Faurisson
Robert Faurisson is a French academic who is a Holocaust denier. Faurisson generated much controversy with a number of articles, published in the Journal of Historical Review and elsewhere, as well as various letters he has sent to French newspapers , which deny various aspects of the Holocaust,...
, the Human Rights Committee
Human Rights Committee
The United Nations Human Rights Committee is a United Nations body of 18 experts that meets three times a year for four-week sessions to consider the five-yearly reports submitted by 162 UN member states on their compliance with the International Covenant on Civil and Political Rights,...
upheld it as a necessary means to counter possible antisemitism.
§ 130 Public incitement
In GermanyGermany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Volksverhetzung
Volksverhetzung
Volksverhetzung is a concept in German criminal law that bans the incitement of hatred against a segment of the population. It often applies in, though it is not limited to, trials relating to Holocaust denial in Germany...
("incitement of the people") is a concept in German criminal law
Strafgesetzbuch
Strafgesetzbuch is the German name for Penal Code and is abbreviated to StGB.- History :In Germany the Strafgesetzbuch goes back to the Penal Code of the German Empire passed in the year 1871 which was largely identical to the Penal Code of the North German Confederation.This Reichsstrafgesetzbuch ...
that bans the incitement of hatred against a segment of the population. It often applies in (although is not limited to) trials relating to Holocaust denial in Germany. In addition, Strafgesetzbuch § 86a
Strafgesetzbuch § 86a
The German Strafgesetzbuch in § 86a outlaws "use of symbols of unconstitutional organisations". This concerns Nazi symbolism in particular and is part of the denazification efforts following the fall of the Third Reich....
outlaws various symbols of "unconstitutional organisations", such as the Swastika
Swastika
The swastika is an equilateral cross with its arms bent at right angles, in either right-facing form in counter clock motion or its mirrored left-facing form in clock motion. Earliest archaeological evidence of swastika-shaped ornaments dates back to the Indus Valley Civilization of Ancient...
and the SS runes.
The definition of section 6 of the Code of Crimes against International Law
Völkerstrafgesetzbuch
The Völkerstrafgesetzbuch or VStGB is the German law that regulates the crimes against public international law. It was created to bring the German criminal law into accordance with the Rome Statute of the International Criminal Court. It was announced on 26 June 2002 and became law 30 June 2002...
referenced in the above § 130 is as follows:
Other sections
The following sections of the German criminal code are also relevant:Hungary
The Parliament of HungaryHungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
declared the denial or trivialization of the Holocaust a crime punishable by up to three years imprisonment on February 23, 2010. The law was signed by the President
László Sólyom
László Sólyom is a Hungarian political figure, lawyer, and librarian who was President of Hungary from 2005 to 2010. Previously he was President of the Constitutional Court of Hungary from 1990 to 1998....
of the Republic in March 2010. On June 8, 2010, the newly elected Fidesz-dominated parliament changed the formulation of the law to "punish those, who deny the genocides committed by national socialist or communist systems, or deny other facts of deeds against humanity". The word "Holocaust" is no longer in the law.
Israel
In IsraelIsrael
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
, a law to criminalize Holocaust denial was passed by the Knesset
Knesset
The Knesset is the unicameral legislature of Israel, located in Givat Ram, Jerusalem.-Role in Israeli Government :The legislative branch of the Israeli government, the Knesset passes all laws, elects the President and Prime Minister , approves the cabinet, and supervises the work of the government...
on July 8, 1986.
Liechtenstein
Although not specifically outlining national socialist crimes, item five of section 283 of LiechtensteinLiechtenstein
The Principality of Liechtenstein is a doubly landlocked alpine country in Central Europe, bordered by Switzerland to the west and south and by Austria to the east. Its area is just over , and it has an estimated population of 35,000. Its capital is Vaduz. The biggest town is Schaan...
's criminal code prohibits the denial of genocide.
Luxembourg
In LuxembourgLuxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
, Article 457-3 of the Criminal Code, Act of 19 July 1997 outlaws Holocaust denial and denial of other genocides. The punishment is imprisonment for between 8 days and 6 months and/or a fine. The offence of "negationism and revisionism" applies to:
The Netherlands
While Holocaust denial is not explicitly illegal in The Netherlands, the courts consider it a form of spreading hatred and therefore an offence. According to the Dutch public prosecution office, offensive remarks are only punishable by Dutch law if they equate to discrimination against a particular group. The relevant laws of the Dutch penal code are as follows:Poland
In addition to Holocaust denial, the denial of communist crimes is punishable by law in PolandPoland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
.
Portugal
Although denial of the Holocaust is not expressly illegal in PortugalPortugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
, Portuguese law
Law of Portugal
The Law of Portugal is the legal system that applies in Portugal. The Portuguese legal system is a civil law or continental legal system, based on Roman law...
prohibits genocide denial.
Romania
In RomaniaRomania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
, Emergency Ordinance No. 31 of March 13, 2002 prohibits Holocaust denial. It was ratified on May 6, 2006. The law also prohibits racist, fascist, xenophobic symbols, uniforms and gestures: proliferation of which is punishable with imprisonment from between six months to five years.
Spain
Genocide denial was illegal in SpainSpain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
until the Constitutional Court of Spain
Constitutional Court of Spain
thumb|300px|The [[Domenico Scarlatti]] Building located in [[Madrid]], seat of the Constitutional Court of Justice of Spain.The Constitutional Court of Spain is the highest judicial body with the power to determine the constitutionality of acts and statutes of the Spanish Government. It is...
ruled that the words "deny or" were unconstitutional in its judgement of November 7, 2007. As a result, Holocaust denial is legal in Spain, although justifying the Holocaust or any other genocide is an offence punishable by imprisonment in accordance with the constitution.
Switzerland
Holocaust denial is not expressly illegal in SwitzerlandSwitzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
, but the denial of genocide and other crimes against humanity is an imprisonable offence.
European Union
The European Union's executive CommissionEuropean Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
proposed a European Union wide anti-racism xenophobia law in 2001, which included the criminalization of Holocaust denial. On July 15, 1996, the Council of the European Union
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
adopted the Joint action/96/443/JHA concerning action to combat racism and xenophobia. During the German presidency there was an attempt to extend this ban. Full implementation was blocked by the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and the Nordic countries
Nordic countries
The Nordic countries make up a region in Northern Europe and the North Atlantic which consists of Denmark, Finland, Iceland, Norway and Sweden and their associated territories, the Faroe Islands, Greenland and Åland...
because of the need to balance the restrictions on voicing racist opinions against the freedom of expression. As a result a compromise has been reached within the EU and while the EU has not prohibited Holocaust denial outright, a maximum term of three years in jail is optionally available to all member nations for "denying or grossly trivialising crimes of genocide, crimes against humanity and war crimes."
The EU extradition policy regarding Holocaust denial was tested in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
(UK) during the 2008 failed extradition case brought against the suspected Holocaust denier Frederick Toben by the German government. As there is no specific crime of Holocaust denial in the UK the German government had applied for Toben's extradition under racial and xenophobic crimes. Toben's extradition was refused by the Westminster Magistrates' Court and the German government withdrew its appeal to the High Court.
Prosecutions and convictions
Laws against Holocaust denial have been enforced in most jurisdictions that have them. Notable convictions and sentencings to November 2009 include:| Date | Name | Country | Sentence |
|---|---|---|---|
| (various) | Jean-Marie Le Pen Jean-Marie Le Pen Jean-Marie Le Pen is a French far right-wing and nationalist politician who is founder and former president of the Front National party. Le Pen has run for the French presidency five times, most notably in 2002, when in a surprise upset he came second, polling more votes in the first round than... |
France, Germany | fines |
| Feb. 27, 1998 | Roger Garaudy Roger Garaudy Roger Garaudy or Ragaa Garaudy is a French philosopher. Formerly a prominent communist author, he has converted to Islam and written several books which have been controversial due to his anti-Zionist positions and denial of the Holocaust.-Early life, politics and religion:Born to Catholic and... |
France | imprisonment (suspended), ₣240,000 fine |
| Jul. 21, 1998 | Jürgen Graf Jürgen Graf Jürgen Graf is a Swiss Holocaust denier and researcher. He studied philology at the University of Basel studying French, English, and Scandinavian languages and spent several years working as a school teacher at a prestigious private school. He is fluent in 15 languages... |
Switzerland | 15 months imprisonment (fled Switzerland to avoid sentence) |
| Jul. 21, 1998 | Gerhard Förster | Switzerland | 12 months imprisonment, disgorgement Disgorgement (law) Disgorgement is the forced giving up of profits obtained by illegal or unethical acts. A court may order wrongdoers to pay back illegal profits, with interest, to prevent unjust enrichment... |
| May 27, 1999 | Jean Plantin | France | 6 months imprisonment (suspended), fine, damages |
| Apr. 11, 2000 | Gaston-Armand Amaudruz Gaston-Armand Amaudruz Gaston-Armand "Guy" Amaudruz is a Swiss neo-fascist political philosopher and Holocaust denier.Initially a supporter of the Swiss fascist movement of Arthur Fonjallaz, he came to wider attention in 1949 when he published Ubu Justicier au Premier Procès de Nuremberg, one of the first works to... |
Switzerland | 1 year imprisonment, damages |
| Feb. 20, 2006 | David Irving David Irving David John Cawdell Irving is an English writer,best known for his denial of the Holocaust, who specialises in the military and political history of World War II, with a focus on Nazi Germany... |
Austria | 1 year imprisonment |
| Mar. 15, 2006 | Germar Rudolf Germar Rudolf Germar Rudolf is a German chemist and Holocaust denier.-Background:Rudolf was born in Limburg an der Lahn, Hesse. After finishing secondary education in 1983 in Remscheid, Rudolf studied chemistry in Bonn, completing his studies in 1989. As a student, he joined A.V. Tuisconia Königsberg zu Bonn... |
Germany | 2½ years imprisonment |
| Oct. 3, 2006 | Robert Faurisson Robert Faurisson Robert Faurisson is a French academic who is a Holocaust denier. Faurisson generated much controversy with a number of articles, published in the Journal of Historical Review and elsewhere, as well as various letters he has sent to French newspapers , which deny various aspects of the Holocaust,... |
France | €7,500 fine, 3 months probation |
| Feb. 15, 2007 | Ernst Zündel Ernst Zündel Ernst Christof Friedrich Zündel is a German Holocaust denier and pamphleteer who was jailed several times in Canada for publishing literature which "is likely to incite hatred against an identifiable group" and for being a threat to national security, in the United States for overstaying his visa,... |
Germany | 5 years imprisonment |
| Jan. 14, 2008 | Wolfgang Fröhlich | Austria | 6½ years imprisonment |
| Jan. 15, 2008 | Sylvia Stolz Sylvia Stolz Sylvia Stolz is a German lawyer who defended Ernst Zündel at his trial for denying the Holocaust in February 2007. During that trial she called the Holocaust “the biggest lie in world history.” Zundel was convicted and is serving five years in prison... |
Germany | 3½ years imprisonment |
| Mar. 11, 2009 | Horst Mahler Horst Mahler Horst Mahler is a former German lawyer and advocate of radical ideologies. He once was an extreme-left militant, a founding member of the Red Army Faction. Subsequently he became a Maoist and later shifted to the extreme-right. He was for a time a member of the National Democratic Party of Germany... |
Germany | 5 years imprisonment |
| Oct. 23, 2009 | Dirk Zimmerman | Germany | 9 months imprisonment |
| Oct. 27, 2009 | Richard Williamson | Germany | €12,000 fine |
External links
- Jonathan Josephs, Holocaust Denial Legislation - A justifiable infringement of freedom of speech? (Université Libre de Bruxelles; Working Papers du Centre Perelman de philosophie du droit, n° 2008/3) http://www.philodroit.be/IMG/pdf/WP-philodroit2008-3-Josephs.pdf
- on Antisemitism Interview with Brigitte Zypries from the U.S. Holocaust Memorial MuseumUnited States Holocaust Memorial MuseumThe United States Holocaust Memorial Museum is the United States' official memorial to the Holocaust. Adjacent to the National Mall in Washington, D.C., the USHMM provides for the documentation, study, and interpretation of Holocaust history...