ABSTRACT

This chapter assesses the role of international judicial mechanisms when examining historical revisionism cases and laws against the denial of historical atrocities, and addresses how historical memory is mediated through the human rights judicial route. The picture that emerges is one where the right to historical truth and the right to historical memory conflict with historical revisionism and denialism under the wider umbrella of the exercise of the freedom of expression and intellectual freedom in a democratic state. The Human Rights Committee (HRC), which is the body monitoring the implementation of International Covenant of Civil and Political Rights (ICCPR) by its state parties, has examined a number of complaints on alleged violations of the above provisions concerning memory laws and denial of historical facts. The chapter examines the European Commission of Human Rights and the European Court of Human Right's (ECtHR's) approach on the right to historical truth against the arguments of historical revisionism and denialism.