Publication at Faculty of Law |
2016
Abstract
Genocide is the prototype of a traumatic event which leaves deep marks in the collective memory of the nation or ethnic group. Some states have chosen to protect the reputation of the victims of genocide by so-called historical memory laws.
Criminal prosecution of genocide denial may under certain conditions conflict with the freedom of expression which is guaranteed by international law and national constitutions. In this article we deal with the attempt of the European Court of Human Rights to resolve this conflict.
We ask ourselves whether the European Convention on Human Rights leaves a certain margin for nation states to taboo painful chapters of national and European history.