Criminalizing History

Bibliographic Information published by the Deutsche
Nationalbibliothek
The Deutsche Nationalbibliothek lists this publication in
the Deutsche Nationalbibliografie; detailed bibliographic
data is available in the internet at http://dnb.d-nb.de.

Library of Congress Cataloging-in-Publication Data
A CIP catalog record for this book has been applied for at the
Library of Congress.

This publication was sponsored by the Polish Ministry of
Science and Higher Education in the framework of the project
“Criminalizing History”, BST3/2018D.

ISSN 2191-3307

ISBN 978-3-631-80957-0 (Print)

E-ISBN 978-3-631-81352-2 (E-PDF)

E-ISBN 978-3-631-81353-9 (EPUB)

E-ISBN 978-3-631-81354-6 (MOBI)

DOI 10.3726/b16640

© Peter Lang GmbH
Internationaler Verlag der Wissenschaften
Berlin 2020

All rights reserved.

Peter Lang – Berlin ∙ Bern ∙ Bruxelles ∙ New York ∙
Oxford ∙ Warszawa ∙ Wien

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About the author

The Editors
Klaus Bachmann is professor of social sciences at SWPS University of Social Sciences and Humanities in Warsaw, Poland. His research concentrates on International Criminal Justice, Modern European History and European Integration.

Christian Garuka is Lawyer and defence counsellor in Kigali, Rwanda.

About the book

Klaus Bachmann / Christian Garuka (eds)

Criminalizing History

Why do states ban certain statements and interpretations of the past, how do they ban them and what are the practical consequences? This book offers an answer to these questions and at the same time examines, whether the respective legislation was supply- or demand-driven and how prosecutors and courts applied it. The comparison between Germany, Poland, Ukraine, Rwanda and Turkey offers several surprising insights: in most countries, memory law legislation is supply driven and imposed on a reluctant society, in some countries it targets apolitical hooligans more than intellectuals or the government’s political opponents. The book also discusses, why and how liberal democracies differ from hybrid regimes in their approach to punitive memory laws and how such laws can be tailored to avoid constraints on free speech, the freedom of the press and academic freedoms.

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List of Acronyms

List of graphs, tables and statistics

Introduction

Acknowledgements

Klaus Bachmann

Protecting the state and its historical identity

Klaus Bachmann

Protecting the Nation’s Good Name

Christian Garuka

Genocide Prevention and the Punishment of Genocide Ideology in Rwanda

Grażyna Baranowska

Memory laws in Turkey: protecting the memory of Mustafa Kemal Atatürk

Igor Lyubashenko

Between heroes and perpetrators: Ukraine’s ambiguous legal approaches to the Soviet legacy and independence fighters

Ireneusz C. Kamiński

Freedom of expression and debates about history in the case law of the European Court of Human Rights

Conclusion

Note on contributors

Index of names and notions

List of Acronyms