The topic of this article is the interaction between the freedom of expression and the memorial laws concerning historical crimes. The author offers an analysis of the phenomenon of negationism through the prism of international law. The article is based on two interrelated hypotheses. The first is that the prohibition of negationism has a legal foundation in international law only if accompanied by the ability to incite hatred or violence. For this purpose, international and regional European standards on negationism are analyzed. The second hypothesis is that in the practice of implementation of memorial laws, the border between hate speech and legitimate historical denialism becomes blurred. This fact might lead to excessive encroachment upon the freedom of expression. The author offers an analysis of the practice of the European Court of Human Rights as a referential framework for the application of memorial laws in practice aimed at evading these excesses.
Keywords:
Memorial laws / Human rights / Hate speech / Genocide / Freedom of expression
Source:
Anali Pravnog fakulteta u Beogradu, 2021, 69, 4, 845-874
TY - JOUR
AU - Vučić, Mihajlo
PY - 2021
UR - https://ralf.ius.bg.ac.rs/handle/123456789/1808
AB - The topic of this article is the interaction between the freedom of expression and the memorial laws concerning historical crimes. The author offers an analysis of the phenomenon of negationism through the prism of international law. The article is based on two interrelated hypotheses. The first is that the prohibition of negationism has a legal foundation in international law only if accompanied by the ability to incite hatred or violence. For this purpose, international and regional European standards on negationism are analyzed. The second hypothesis is that in the practice of implementation of memorial laws, the border between hate speech and legitimate historical denialism becomes blurred. This fact might lead to excessive encroachment upon the freedom of expression. The author offers an analysis of the practice of the European Court of Human Rights as a referential framework for the application of memorial laws in practice aimed at evading these excesses.
T2 - Anali Pravnog fakulteta u Beogradu
T1 - When law enters history: Prohibition of crime negationism and its limits in international law
EP - 874
IS - 4
SP - 845
VL - 69
DO - 10.51204/Anali_PFBU_21407A
UR - conv_3372
ER -
@article{
author = "Vučić, Mihajlo",
year = "2021",
abstract = "The topic of this article is the interaction between the freedom of expression and the memorial laws concerning historical crimes. The author offers an analysis of the phenomenon of negationism through the prism of international law. The article is based on two interrelated hypotheses. The first is that the prohibition of negationism has a legal foundation in international law only if accompanied by the ability to incite hatred or violence. For this purpose, international and regional European standards on negationism are analyzed. The second hypothesis is that in the practice of implementation of memorial laws, the border between hate speech and legitimate historical denialism becomes blurred. This fact might lead to excessive encroachment upon the freedom of expression. The author offers an analysis of the practice of the European Court of Human Rights as a referential framework for the application of memorial laws in practice aimed at evading these excesses.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "When law enters history: Prohibition of crime negationism and its limits in international law",
pages = "874-845",
number = "4",
volume = "69",
doi = "10.51204/Anali_PFBU_21407A",
url = "conv_3372"
}
Vučić, M.. (2021). When law enters history: Prohibition of crime negationism and its limits in international law. in Anali Pravnog fakulteta u Beogradu, 69(4), 845-874.
https://doi.org/10.51204/Anali_PFBU_21407A
conv_3372
Vučić M. When law enters history: Prohibition of crime negationism and its limits in international law. in Anali Pravnog fakulteta u Beogradu. 2021;69(4):845-874.
doi:10.51204/Anali_PFBU_21407A
conv_3372 .
Vučić, Mihajlo, "When law enters history: Prohibition of crime negationism and its limits in international law" in Anali Pravnog fakulteta u Beogradu, 69, no. 4 (2021):845-874,
https://doi.org/10.51204/Anali_PFBU_21407A .,
conv_3372 .
