The Crime of Historical Denialism and International Law

Abstract

This chapter focuses on the evolution of historical denialism as a criminal offence and, more specifically, on the migration of the offence from the domestic to the international level. This bottom-up movement culminated with the adoption of the EU Framework Decision, which established a duty to criminalise denialist statements upon member states. The Framework Decision contributes to shaping the criminal offence by, on the one hand, prescribing that it applies not only to Holocaust denial but also to the negation of other international crimes and, on the other hand, by introducing limitationsFreedom of expression limitations in order to safeguard free speech. This panorama is further enriched by the provisions of the ECHR system and the case law of its Court.