Genocide Denials and the Law

In Genocide Denials and the Law, Ludovic Hennebel and Thomas Hochmann offer a thorough study of the relationship between law and genocide denial from the perspectives of specialists from six countries. This controversial topic provokes strong international reactions involving emotion caused by denial along with concerns about freedom of speech. The authors offer an in-depth study of the various legal issues raised by the denial of crimes against humanity, presenting arguments both in favor of and in opposition to prohibition of this expression. They do not adopt a pro or contra position, but include chapters written by proponents and opponents of a legal prohibition on genocide denial. Hennebel and Hochmann fill a void in academic publications by comparatively examining this issue with a collection of original essays. They tackle this diverse topic comprehensively, addressing not only the theoretical and philosophical aspects of denial, but also the specific problems faced by judges who implement anti-denial laws. Genocide Denials and the Law will provoke discussion of many theoretical questions regarding free speech, including the relationship between freedom of expression and truth, hate, memory, and history.

In Genocide Denials and the Law, Ludovic Hennebel and Thomas Hochmann offer a thorough study of the relationship between law and genocide denial from the perspectives of specialists from six countries. This controversial topic provokes strong international reactions involving emotion caused by denial along with concerns about freedom of speech. The authors offer an in-depth study of the various legal issues raised by the denial of crimes against humanity, presenting arguments both in favor of and in opposition to prohibition of this expression. They do not adopt a pro or contra position, but include chapters written by proponents and opponents of a legal prohibition on genocide denial. Hennebel and Hochmann fill a void in academic publications by comparatively examining this issue with a collection of original essays. They tackle this diverse topic comprehensively, addressing not only the theoretical and philosophical aspects of denial, but also the specific problems faced by judges who implement anti-denial laws. Genocide Denials and the Law will provoke discussion of many theoretical questions regarding free speech, including the relationship between freedom of expression and truth, hate, memory, and history.

Table of Contents

Preface
Prof. William Schabas (National University of Ireland, Galway)

Introduction
Ludovic Hennebel and Thomas Hochmann


Part I - From Genocide to Denial

Chapter 1: Law's Holocaust Denial: State, Memory, Legality
Prof. David Fraser (University of Nottingham)
Chapter 2: From Trying the Perpetrator to Trying the Denier and Back Again
Prof. Lawrence Douglas (Amherst College)


Part II - Balancing Denial Prohibition

Chapter 3: Holocaust Denial and Hate Speech
Prof. Robert A. Kahn (University of St Thomas)

Chapter 4: Defending Truth: Holocaust Denial in the Twenty-First Century
Prof. Kenneth Lasson (University of Baltimore)

Chapter 5: The Criminal Protection of Memory: Some Observations about the Offense of Holocaust Denial
Prof. Emanuela Fronza (University of Trento, Italy)


Part III - Ruling Denial Prohibition

Chapter 6: The Law of Holocaust Denial in Europe: Towards a (qualified) EU-wide Criminal Prohibition
Dr. Laurent Pech (National University of Ireland)

Part IV - Implementing Denial Prohibition

Chapter 7: Denial of the Holocaust, Genocide and Crimes Against Humanity: A Comparative Overview of Ad Hoc Statutes
Martin Imbleau (Montréal)

Chapter 8: The Denier's Intent
Thomas Hochmann (University of Paris Panthéon-Sorbonne)

In Genocide Denials and the Law, Ludovic Hennebel and Thomas Hochmann offer a thorough study of the relationship between law and genocide denial from the perspectives of specialists from six countries. This controversial topic provokes strong international reactions involving emotion caused by denial along with concerns about freedom of speech.

The authors offer an in-depth study of the various legal issues raised by the denial of crimes against humanity, presenting arguments both in favor of and in opposition to prohibition of this expression. They do not adopt a pro or contra position, but include chapters written by proponents and opponents of a legal prohibition on genocide denial.

Hennebel and Hochmann fill a void in academic publications by comparatively examining this issue with a collection of original essays. They tackle this diverse topic comprehensively, addressing not only the theoretical and philosophical aspects of denial, but also the specific problems faced by judges who implement anti-denial laws. Genocide Denials and the Law will provoke discussion of many theoretical questions regarding free speech, including the relationship between freedom of expression and truth, hate, memory, and history.