Limiting Freedom of Speech to Aid Transitional Justice?
Limiting Freedom of Speech to Aid Transitional Justice?
Author(s): Petra KomelSubject(s): Human Rights and Humanitarian Law, Law and Transitional Justice, Politics and law, Sociology of Law, Politics of History/Memory, Peace and Conflict Studies
Published by: Udruženje “Pravnik”
Keywords: Freedom of speech; transitional justice; genocide denial law; Srebrenica; Bosnia and Herzegovina;
Summary/Abstract: In this essay I will try to deliberate on the impact of adopting genocide denial law in Bosnia and Herzegovina. For legal base of my research I have taken a case law from the field of Holocaust denial. I compared Holocaust denial law justifications and its applicability to the case of Srebrenica in Bosnia and Herzegovina and I believe that many similarities can be drawn between the two. I have come to the conclusion that genocide denial laws are an accepted limitation to freedom of speech under international law and that the protection of memory, the driving reason of such laws, could have a positive impact on transitional justice in the region.
Journal: International Journal on Rule of Law, Transitional Justice and Human Rights
- Issue Year: 3/2012
- Issue No: 3
- Page Range: 41-47
- Page Count: 7
- Language: English