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Condoning or “grossly trivialising” genocide will become a crime punishable by up to three years in prison across Europe, although justice ministers failed to agree a specific ban on denying the Holocaust yesterday.
Germany used its presidency of the EU to push through the first Europe-wide race-hate laws, regarded by Berlin as an historic obligation in the 50th anniversary year of the union created to preserve peace and prosperity after the Second World War.
Under pressure from nations worried about freedom of speech, led by Britain, Germany scaled back ambitions to replicate its strict laws of Holocaust denial and dropped plans to outlaw the display of Nazi symbols at an EU level.
All 27 EU nations will be obliged to criminalise “publicly condoning, denying or grossly trivialising crimes of genocide, crimes against humanity and war crimes” but the test for prosecution was set deliberately high to secure agreement in Luxembourg. Cases will succeed only where “the conduct is carried out in a manner likely to incite violence or hatred”.
The definition of genocide will be that set at the Nuremberg trials and by the International Criminal Court, meaning that it will include Nazi crimes and those in Rwanda and Yugoslavia but not the Armenian genocide — a definition disputed by Turkey.
Poland, Slovenia and the Baltic states lobbied hard for — but failed to win — the inclusion of a crime of denying, condoning or trivialising atrocities committed in the name of Joseph Stalin in the new law.
They did, however, secure a pledge that the European Commission would prepare a Green Paper on 20th-century genocidal crimes and carry out a review within two years on whether denying these should come under the scope of the race-hate law.
This led to accusations that the EU was trying to rewrite history. Graham Watson, MEP, leader of the Liberal group in the European Parliament, said: “The EU has no business legislating on history. We should leave that to historians and individual member states.
“Attempts to harmonise EU laws on hate crimes are both illiberal and nonsensical. [This] risks opening the floodgates on a plethora of historical controversies . . . whose inclusion could pose a grave threat to freedom of speech.”
Franco Frattini, the European Justice Commissioner, said: “We have proposed public hearings and I propose to involve all stakeholders, including historians. The final result should be to improve public awareness, especially for younger people and students. We do not want to rewrite history. History is history.” The EU-wide crime of inciting violence or hatred against a person’s race, colour, religion, descent or national or ethnic origin agreed yesterday will result in conviction only where there is “intentional conduct”. Officials said there would be no change in British law, where there are already penalties of up to seven years for inciting racial hatred under the Religious and Racial Hatred Act of 2006, which was used as a model for the final EU text.
Britain also pushed successfully to ensure that religious attacks would be covered only if they were of a racist or xenophobic nature, so that criticism of Islam or other faiths would not automatically fall under the new measures.
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The followers of Imperalism , like so many Armenians, will realize their lies, as the Imperist countries. They have to accept their own mistakes and "real genocides".
Fenris, Trollskogen, Nord
Congratulations Turkey for telling the true story of the so called armenian genocide.
The EU-appreciated your efforts and left the false allegations of armenian diaspora outside the new law.
EU does not consider as genocide the evnts of the first world war...it was in fact armenians conspiration with the invading foreign ennemies like Russia and France and stabbing the Ottomans in the back.
More to read:
http://www.ermenisorunu.gen.tr/english/intro/index.html
http://www.tallarmeniantale.com/
Kevin, Stockholm, Sweden
Seems that questioning zionists propoganda will now lend you in jail. Great going!
Aaron, London,
The fact that the Armenian Genocide has been left out shows a deliberate re-writing of history for political expediency: precisely the opposite of what this mealy-mouthed "law" purports to want to do. And Turkey isn't even in the EU yet! The evidence from Turkish archives of the 1919 trials in Constantinople (Istanbul) were sufficient to warrant a death sentence for the culprits for their crime. Raphael Lemkin is on record as saying that his conception for his newly-coined word "Genocide" included BOTH the Nazi Holocaust and the Genocide of the Armenians by the Turks. Who do European politicians think they will fool in 2007 by selecting what they will find condemnable and what they will find acceptable in the crime of Genocide? Genocide is either good or bad - regardless of who one needs to kneel to. It is common knowledge that of all EU states, the UK is the most frightened of offending Turkey. Does the EU have to succomb to Turkey's blackmail as well?
Atken Armenian, Yerevan, Armenia
Does this mean the EU will be jailing France for its role in Rwanda?
The idiotic, useless posturing spirals higher and higher . . .
ScottQ, Boise, USA
And still the "intellectuals" will support the EU.
Germany flexing its muscle ?
Peter Bolt, Redditch, UK
Such laws are senseless and open to abuse. Existing hate laws should surely be enough to cover such crimes.
However, now that the law has been passed:
1. The fact that the Armenian Genocide was not mentioned proves what we always knew: that the EU is not serious about Armenian Genocide recognition. The EU is free, of course, to welcome Turkey into its ranks even if Turkey does not recognise the Armenian Genocide; but it should cease playing the hypocrite on this issue, cease using the 'Armenian Genocide card' as a cover for its anti-Turkish racism, and come out clean with what it really thinks. Then again, I guess it has done just that with this law.
2. Why not mention all genocides? I understand that the Rwandan case is fresh in the minds of many, and that a Rwandan Genocide Denial Industry has recently begun to emerge, but its inclusion, and the lack of reference to other cases of genocide, seems arbitrary.
Armen Gakavian, Sydney, Australia
Can one be guilty of a "love" crime.? What is the difference if a straight guy is killed by his wife, and a gay guy is killed by his partner. Do we have 'love', hate;' hate', 'love'.? How about murder for each. Not PC enough I suppose.?
Desmond Taylor, Houston, USA Texas
Wow. Amazing indeed. In principle, this sounds great - who could object to making it illegal to trivialize genocide? But this is a terrible step for freedom of expression - and, of course, one implemented by the frighteningly undemocratic EU. Which other thought-crimes will now be criminalised? How long before "mocking the august men and women of the institutions of Brussels" is a crime?
Nick, Rotherham, UK
How typical that 70 years on, the Holocaust is itself denied by the EU. At least to the extent that Europe clearly remains so profoundly anti semitic that they refuse to acknowledge the greatest crime against humanity ever committed.
As the survivors and eye witnesses gradually die it will only be a matter of time before Le Pen's 'detail of history' is airbrushed away or (as the Islamic propagandists would have it) accepted as being a nasty zionist plot to gain sympathy. I despair.
Jay, London,
Truth is not determined by laws, nor should one's attitude to truth be subject to legality.
If it is true that we hate something, are we to be compelled to deny that truth to avoid punishment by totalitarian states or religious fanatics?
Is hate always and necessarily a bad thing?
Lee, London,