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      Chapter

      Why not the law?
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      Chapter

      Why not the law?

      DOI link for Why not the law?

      Why not the law? book

      Options for dealing with genocide and Holocaust denial

      Why not the law?

      DOI link for Why not the law?

      Why not the law? book

      Options for dealing with genocide and Holocaust denial
      ByPaul Behrens
      BookHolocaust and Genocide Denial

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      Edition 1st Edition
      First Published 2017
      Imprint Routledge
      Pages 21
      eBook ISBN 9781315562377
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      ABSTRACT

      This chapter explores several alternatives to laws on denial in its 'basic' form, including modifications of the legal approach, but also the possibility of truth and reconciliation commissions and direct confrontation with the deniers. Furthermore, criminalisation of denial is, by necessity, exclusive: even if the message of solidarity were adequately conveyed, it would be solidarity only with victims of particular crimes. The extensive nature of some laws on revision and denial suggests that a modification of the legal approach might offer a way of addressing the problem while retaining the advantages of the legal sanction. The possibility that laws on genocide and Holocaust denial may have a restrictive impact on human rights is one of the key issues in the contemporary debate on criminalisation. A particular criticism with regard to criminalisation is founded on doubts relating to its efficiency, if measured by the aim underlying its adoption.

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