ABSTRACT

In the area of World War II war crimes trials research, genocide denial mainly consists of Holocaust denial. Outside the 'common sense' reactions to instances of denial, virtually every serious scholarly study of the Nuremberg evidence and its implications is able to provide a mass of reasons discrediting Holocaust denial. Attempts at genocide denial are clearly flying in the face of proven historical evidence consisting of hundreds of original documents and witness testimony. The overall response has been a negation of a denial in a manner that, through deliberate non-recognition, discredits the latter in passing, and does so in a manner that treats such denial with the contempt the historical evidence itself suggests it deserves. One can ask whether legal/constitutional protection of the non-fictional status of historic genocides in effect transforms public acceptance of these facts into a mandatory requirement of citizenship, a legally coerced remembrance.