Yesterday the Council of the European Union adopted legislation which makes it illegal to ?publicly condone, deny or grossly trivialize crimes against humanity and war crimes?. The legislation (a ?framework decision?) aims at combating racism and xenophobia in Europe.? ?
This is the outcome of a difficult negotiation initiated by the European Commission in 2001, whose aim is to harmonize laws on hate crimes across the EU. Like most EU laws, the text will be implemented through legislation adopted by the parliaments of the Member States.
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According to the text, Member States can choose not to make genocide denial illegal (1) unless it ?disturbs public order or is abusive, threatening or insulting? or (2) unless the genocide has been recognized by an international court.
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This second clause is tailored to allow Member States to exclude the Armenian genocide, which was never sanctioned by an international court, from the scope of the legislation. This was introduced as a sop to the Turkish government, which denies the Armenian genocide as a matter of policy.
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Crucially, however, while the new legislation allows member states to exclude the Armenian genocide from the ban on genocide denial, it does not require them to do so. The decision will be up to the parliament and government of each Member States. This exclusion clause, furthermore, is subject to review in a few years? time and could be abolished if it is abused.
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For the first time this text establishes the legal principle in European legislation that genocide denial is a matter for the criminal justice system. Although some Member States already have such legislation, they are in a minority, and have never applied it to the denial of the Armenian genocide.
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In October 2006, a member of the European Commission had even criticized the French Parliament for voting a draft law to ban denial of the Armenian genocide. Ironically, six months later, the EU itself has now adopted legislation which is in fact highly supportive of the French law.
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Source: “Inside Europe“, 20 April 2007
