Genocide Denial and the Law: A Critical Appraisal

Behrens, Paul

Journal: Buffalo Human Rights Law Review

Volume: 21

First Page: 27

Year: 2015

Bluebook Citation: 21 BUFF. HUM. RTS. L. REV. 27 (2015)

Author: Paul Behrens: all 3 publications


Abstract

Genocide denial carries particular relevance for international law: it is the negation of international crimes, and it can prepare the ground for new crimes of this kind. But its criminalization raises concerns as well. The danger of a clash with human rights, particularly with the freedom of ex- pression, cannot be dismissed lightly. This article explores reasons for and repercussions of the criminalization of denial.

It also investigates alterna- tives, including the use of truth and reconciliation, and evaluates methods that focus on direct confrontation of the deniers.

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