EU plans ’genocide denial’ law

EU plans far-reaching 'genocide denial' law

London Telegraph | February 2, 2007
Bruno Waterfield

People who question the official history of recent conflicts in Africa and the Balkans could be jailed for up to three years for "genocide denial", under proposed EU legislation.

Germany, current holder of the EU's rotating presidency, will table new legislation to outlaw "racism and xenophobia" this spring.

Included in the draft EU directive are plans to outlaw Holocaust denial, creating an offence that does not exist in British law.

But the proposals, seen by The Daily Telegraph, go much further and would criminalise those who question the extent of war crimes that have taken place in the past 20 years.

The legislation will trigger a major row across Europe over free speech and academic freedom.

Deborah Lipstadt, the professor of Modern Jewish and Holocaust Studies at Emory University, Atlanta, believes the German proposals are misplaced. "I adhere to that pesky little thing called free speech and I am very concerned when governments restrict it," she said yesterday.

"How will we determine precisely what is denial? Will history be decided by historians or in a courtroom?"

Berlin's draft EU directive extends the idea of Holocaust denial to the "gross minimisation of genocide out of racist and xenophobic motives", to include crimes dealt with by the International Criminal Court.

The ICC was set up in 2002 following international outcry about war crimes and alleged genocides in the former Yugoslavia and in Africa. It was felt that the courts in those countries were either unable or unwilling to ensure justice was done.

The draft text states: "Each member state shall take the measures necessary to ensure that the following intentional conduct is punishable: 'publicly condoning, denying or grossly trivialising of crimes of genocide, crimes against humanity and war crimes as defined in'... the Statute of the ICC."

General Lewis MacKenzie, the former commander of UN peacekeepers in Bosnia, courted controversy two years ago by questioning the numbers killed at Srebrenica in 1995.

He took issue with the official definition of the massacre as genocide and highlighted "serious doubt" over the estimate of 8,000 Bosnian fatalities. "The math just doesn't support the scale of 8,000 killed," he wrote.

Balkans human rights activists have branded Gen MacKenzie an "outspoken Srebrenica genocide denier" and, if approved, the EU legislation could see similar comments investigated by the police or prosecuted in the courts after complaints from war crimes investigators or campaigners.

A German government spokesman said: "Whether a specific historic crime falls within these definitions would be decided by a court in each case."

If agreed by EU member states, the legislation is likely to declare open season for human rights activists and organisations seeking to establish a body of genocide denial law in Europe's courts.

European Commission officials insist that the legislation is necessary: "racism and xenophobia can manifest themselves in the form of genocide denial so that it is very important to take strong action".

But the legislation faces stiff opposition from academics who fear it would stifle debate over some of the biggest issues in contemporary international relations.

Prof Lipstadt has an international reputation for challenging Holocaust denial.

She was sued unsuccessfully for libel in 2000 by David Irving, the British historian, after exposing his misrepresentation of historical evidence and association with Right-wing extremists. But she does not believe denying the Holocaust or genocide should be a crime.

"The Holocaust has the dubious distinction of being the best documented genocide in history," she said.

"When you pass these kinds of laws it suggests to the uninformed bystander that you don't have the evidence to prove your case."

The professor is also worried by broad-brush definitions of genocide denial, particularly applied to recent conflicts that are still being researched and investigated.

Even without the threat of prosecution, there is concern that academics will try to avoid controversy by ignoring or even suppressing research that challenges genocide claims or numbers of those killed.

David Chandler, the professor of international relations at the University of Westminster's Centre for the Study of Democracy, fears that the draft law could inhibit his work.

"My work teaching and training researchers, and academic work more broadly, is focused upon encouraging critical thinking. Measures like this make academic debate and discussion more difficult," he said.

Prof Chandler also worries that the legislators will close down democratic debate on foreign policy. "Genocide claims and war crimes tribunals are highly political and are often linked to controversial Western military interventions. Should this be unquestioned? Is it right for judges to settle such arguments?" he asked.

Norman Stone, the professor of history at Turkey's Ko� University, argues that any attempt to legislate against genocide denial is "quite absurd".

"I am dead against this kind of thing," he said. "We can not have EU or international legal bodies blundering in and telling us what we can and can not say."

wafi wrote: Before posting neo nazismn bull*****you should visite Bergenbelsen, Dauchau, Auschwitz etc ... and than may be you understand what happened.  Enough people in Gernany whitnessed the Holocaust ... and of cause Millions od dead people during WWII, to ignore or worst, to deney the Holocaust has only one aim, to glorify Nazi regime and to make fashimn possible today. Reason of the law against deney of Holocaust is simple to keep it in mind even if the last man who could whitness is dead. Do you relly think that a lie, based on Irvins ideas, could be exist over 60 years, and 85 Mill. people at least (I did not count Austria etc ..) Do you really believe that a whole country blamed itselfe for 60 years, if there would be any chance to be innocent to the worst massaker in mankind? We are not st**id and we are fully aware what happened during WWII and it is a shame for our history.  Maybe other countries should also look into their history to realize their crimes ... but that`s a quite other story and can not be a foundation to discuss to shift the blame of Germany.  An of cause ... looking to Iran ... it makes a lot of Germans very angry to have to realize that a conference was held to deny the Holocaust. The Holocaust is a German blame, a German problem and it is a little bit totaly crazy if Iran or guys like Irvin think they could make any statements to what happened in Germany.

How many countries looked the other way when genocide was being committed in the last 20 years? No wonder that they don't want to be dragged to court and held accountable for not doing anything. Freedom of speech is a wonderful thing and I always feel like yelling FIRE when I'm in a movie theater or BOMB when I'm on an airplane. The Holocaust is a sad reality and the Holocaust deniers are nothing but a racist ignorant bunch. There are too many of us who are going to shout the truth forever.

Edited by boyd

So if the Government lies, then that's perfectly ok, but if the citizens lie (or speak the truth and contradict the Government's lies) then that makes them "criminals" ???

Im not talking about the Holocaust here, Im talking about the EU banning freedom of speech... it's really strange that people are being given more "sexual freedoms" like Gay Marriages, but at the same time these globalists want to take away our politcal freedoms.

And it's also amazing how the EU which is currently committing genocide in Afghanistan and denying it, wants to pass such a law!

As I said, the purpose is to take away peoples politcal freedoms so that everyone would have to believe everything the Governments say.

Sawtul Khilafah wrote: So if the Government lies, then that's perfectly ok, but if the citizens lie (or speak the truth and contradict the Government's lies) then that makes them "criminals" ??? Im not talking about the Holocaust here, Im talking about the EU banning freedom of speech... it's really strange that people are being given more "sexual freedoms" like Gay Marriages, but at the same time these globalists want to take away our politcal freedoms.

 

 Your talking about the Holocaust and the citizans of Germany do not deny the Holocaust ... with exception of such st**id guys like Iving, who, by the way was taken to court in Germany and was felt guilty.

 But it`s a kind of joke that neo nazis were invated to Iran to have a conference stating that Holocaust did not exist. Same neo nazi guys who bring violance to Muslims in Germany because they are non-German, same neo nazis which murdered Muslim families because they were non-german ... this guys were invated from Iran to discuss and to cover the idea that the Holocaust would be a lie. Sorry to say, but this attitude is more or less total st**id by Iran administration. And it is basicly not true that freedom of speech is restricted. The only examption is deny of Holocaust and we are sick about the faschists who are not willing to accept that millions of people were killed due to the fact that they belonged to a religion (Jews) to a group of people (Roman and Sinti), to political parties (Socialists, social democrates or communists) ... 

Maybe you never was in Europe ... than maybe it is clear that you do not understand, but if you was in Europe you are simply blind. And ... btw  looking to the Iran, I`m pretty sure, and I know that 100% that freedom of speech is absolutely not possible in Iran. So if you want to blame European, please first of all, solve your problem of your freedom of speech in your country.

Edited by wafi