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Freedom of expression in relation to crimes under international law in the case-law of the ECtHR

Publication at Faculty of Law |
2015

Abstract

This paper is focused on the analysis of the case-law of the European Court of Human Rights (ECtHR) on the freedom of expression, under Article 10 of the European Convention on Human Rights and Fundamental Freedoms (ECHR), relating to the issue of crimes under international law. A brief description of these crimes is given in the Introduction.

Subsequently, an analysis of the ECtHR's judgments in respect to expressions related to the crimes of genocide, crimes against humanity and war crimes is provided. Due to the newness of the crime of aggression and the absence of case-law from the ECtHR in this matter, this crime is only briefly brought up in the Introduction.

Although the practice of the ECtHR as to the manifestations concerning the crimes under international law is quite limited, we can say that this kind of speech is considered to be one that could contribute to public debate. This means that the states have a narrow margin of appreciation and the interpretation of the purposes referred to in paragraph 2 of Article 10 of the ECHR is very restrictive.