Germany aims to criminalise holocaust denial in EU

WHAT Germany describes as its “particular historic responsibility” influences many of its policies as it continues to acknowledge its crime in exterminating six million Jews in World War II.

The latest example of this is its attempt to have every country in the EU make holocaust denial a crime. Currently holding the presidency of the EU, it has resurrected the issue.

The proposal comes days after the 62nd anniversary of the liberation of Auschwitz and a UN resolution urging countries to reject holocaust denial.

But previous attempts to introduce such laws have failed as countries were concerned it could interfere with freedom of speech, limit historians and that banning the swastika could censor what is a traditional religious or folk symbol in some cultures.

Concerns were expressed too after the jailing of the British historian and holocaust denier David Irving in Austria last year.

Germany’s proposal is centred on outlawing racist and xenophobic behaviour that leads to violence and hatred.

It says that to deny or grossly minimise genocide to stir up racism or xenophobia would be a crime. Though, it hopes to allow historians and others to debate facts without being accused of holocaust denial.

The proposal says genocide will include any such instance under the provisions of the Statute of the International Criminal Court and the International Military Tribunal of 1945.

It points out that this would cover the Holocaust for instance.

National or international courts could define an historic event as being genocide, a war crime or a crime against humanity and so come under the proposed EU provisions.

Racist and xenophobic motives should also be considered as an aggravating factor in other criminal offences such as bodily injury, which the courts can take into account when fixing a penalty.

The proposal suggests a maximum jail sentence of from one to three years for incitement whether by writing, behaviour, threats and insults.

It says there should be a similar jail sentence for anybody that publicly approves, denies or minimises genocide, crimes against humanity and war crimes.

An injured party would not have to file a criminal complaint for the authorities to start an investigation.

Currently holocaust denial is a crime in nine member states — Austria, Belgium, the Czech Republic, France, Germany, Lithuania, Poland, Romania and Slovakia.