Présentation de l'éditeur

Legal governance of memory has played a central role in establishing hegemony of monumental history, and has forged national identities and integration processes in Europe and beyond. In this book, a range of contributors explore both the nature and role of legal engagement into historical memory in selected national law, European and international law. They also reflect on potential conflicts between legal governance, political pluralism, and fundamental rights, such as freedom of expression. In recent years, there have been numerous monumental commemoration practices and judicial trials about correlated events all over the world, and this is a prime opportunity to undertake an important global comparative scrutiny of memory laws. Against the background of mass re-writing of history in different parts of the world, this book revisits a fascinating subject of memory laws from the standpoint of comparative law and transitional justice.

Sommaire

Introduction

By Uladzislau Belavusau, Aleksandra Gliszczyńska-Grabias

PART I - International Law

1 - The United Nations Human Rights Committee's View of the Past

By Antoon De Baets

2 - The Role of International Criminal Tribunals in Shaping the Historical Accounts of Genocide

By Marina Aksenova

3 - The ‘Right to Truth’ in International Law: The ‘Last Utopia’?

By Patricia Naftali

PART II - European Law (Council of Europe and the European Union)

4 - Kononov v. Latvia as an Ontological Security Struggle over Remembering the Second World War

By Maria Mälksoo

5 - Testing the “Uniqueness”: Denial of the Holocaust vs Denial of Other Crimes before the European Court of Human Rights

By Paolo Lobba

6 - Legislating History: The European Union and Denial of International Crimes

By Luigi Cajani

PART III - National Perspectives within the European Union

7 - Challenging Historical Facts and National Truths: An Analysis of Cases from France and Greece

By Ioanna Tourkochoriti

8 - Legal Silences and the Memory of Francoism in Spain

By Alfons Aragoneses

9 - Politics of Public Knowledge in Dealing with the Past: Post-communist Experiences and Some Lessons from the Czech Republic

By Jiří Přibáň

10 - Adjudication in Latvian Deportation Cases: References to International Law

By Ieva Miluna

11 - Judging the Conducător: Fascism, Communism, and Legal Discontinuity in Post-War Romania

By Cosmin Sebastian Cercel

12 - Dealing with the Past in and around the Fundamental Law of Hungary

By Miklós Könczöl

13 - On the Politics of Resentment, Mis-memory, and Constitutional Fidelity: The Demise of the Polish Overlapping Consensus?

By Tomasz Tadeusz Koncewicz

PART IV - Perspectives beyond the European Union

14 - Defending Stalinism by Means of Criminal Law: Russia, 1995–2014

By Nikolay Koposov

15 - Cutting the Umbilical Cord: The Narrative of the National Past and Future in Ukrainian De-communization Policy

By Lina Klymenko

16 - Banning Genocide Denial – Should Geography Matter?

By Robert A. Kahn

17 - “From Banning Nakba to Bridging Narratives”: The Collective Memory of 1948 and Transitional Justice for Israelis and Palestinians

By Jeremie m. Bracka

18 - Historical Revisionism and the Settler State: The Canadian Experience

By Michael Morden

19 - Defense of Democracy and the Preservation of Collective Memory through Criminal Legislation: The Challenges of Reconciliation in Peru

By Salvador Herencia Carrasco