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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Holocaust and Genocide Denial: A Contextual Perspective

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Edited by: Paul Behrens, Olaf Jensen, Nicholas Terry

ISBN13: 9781138672734
To be Published: October 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £85.00

This book provides a detailed analysis of one of the most prominent and widespread international phenomena to which criminal justice systems has been applied: the expression of revisionist views relating to mass atrocities and the outright denial of their existence. Denial poses challenges to more than one academic discipline: to historians, the gradual disappearance of the generation of eyewitnesses raises the question of how to keep alive the memory of the events, and the fact that negationism is often offered in the guise of historical 'revisionist scholarship' also means that there is need for the identification of parameters which can be applied to the office of the 'genuine' historian.

Legal academics and practitioners as well as political scientists are faced with the difficulty of evaluating methods to deal with denial and must in this regard identify the limits of freedom of speech, but also the need to preserve the rights of victims. Beyond that, the question arises whether the law can ever be an effective option for dealing with revisionist statements and the revisionist movement. In this regard, Holocaust and Genocide Denial: A Contextual Perspective breaks new ground: exploring the background of revisionism, the specific methods devised by individual States to counter this phenomenon, and the rationale for their strategies. Bringing together authors whose expertise relates to the history of the Holocaust, genocide studies, international criminal law and social anthropology, the book offers insights into the history of revisionism and its varying contexts, but also provides a thought-provoking engagement with the challenging questions attached to its treatment in law and politics.

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Criminal Law, International Criminal Law
Olaf Jensen , Paul Behrens and Nicholas Terry, Introduction

Part I. Development and Concept of Genocide Denial
1. Mark Hobbs, Alexander Ratcliffe: British Holocaust denial in embryo.
2. Michael Salter, Countering Holocaust denial in relation to the Nuremberg trials
3. Nicholas Terry, Holocaust denial in the age of web 2.0: Negationist discourse since the Irving trial

Part II. Holocaust and Genocide Denial Around the World
4. Elisabeth Anstett, Silence and denial in gulag testimonies: Listening for the unspeakable
5. Christian Mentel, Past's presence: on the significance of criminalizing Holocaust negation in the Federal Republic of Germany
6. Björn Elberling and Alexander Hoffmann, The prohibition of ‘glorification of National Socialism’ as an addition to the criminal provision on genocide denial
7. Sejal Parmar, Global norms on free expression and Rwanda’s Genocide Ideology Law
8. Niamh Barry, A view of the impact of Genocide denial laws in Rwanda
9. Freda Kabatsi Njugu, Confronting genocide denial: using the law as a tool in combating genocide denial in Rwanda
10. Dejana Radisavljević, Reaching out to Bosnia: Genocide denial in Bosnia and the ICTY's efforts to address it
11. Paul Behrens, The case of Ahamdinejad: The path from denial to incitement
12. Nariné Ghazaryan, A centenary of denial: the case of the Armenian genocide

Part III – Dealing with Holocaust and Genocide Denial
13. Paolo Lobba, Critical remarks on the EU Framework, Decision 2008/913/JHA on Racism and Xenophobia and the crime of denialism
14. Caroline Fournet and Clotilde Pégorier, Reflections on Genocide Denial and the Legality of its Prohibition
15. Paul Behrens, Why not the law? Options for dealing with genocide denial
16. Olaf Jensen, Paul Behrens and Nicholas Terry, Concluding Thoughts