Germany Pushes EU Holocaust Denial Ban

by Jordan Yerman | April 18, 2007 at 09:46 am

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Holocaust denial is already a crime under German law; the nation wants to extend that law to the rest of the EU. The key to this debate is the issue of freedom of speech, and whether or not it would be hindered by such a law. Unlike other expressions, though, denying the existence of the holocaust, in which over ten million civilians were killed for their ethnicity, religious beliefs, sexual orientation, or politics, really happened: it's not really a matter of opinion at this point.

It is all too easy to consign the death camps to WWII, letting them rot into history, especially since so many survivors have since died, or are now in the very twilight of life. Still, some remain in the news, one in particular for another sacrifice.

Germany hopes to make Holocaust denial a crime across the EU as part of a package of laws it wants to introduce during its presidency of the bloc.

Berlin is also set to outline plans to ban Nazi symbols like the swastika, which, like denying the massacre of the Jews, is already outlawed in Germany.

Such moves may be seen as curtailing freedom of speech and could prove controversial in several member states.

But the German justice minister says she is confident of winning support.

If it goes ahead, it will be the second time in two years that an attempt has been made to ban the display of Nazi symbols within the EU.

The last bid failed in 2005 after objections from several governments, including the British.

An attempt to criminalise denying the massacre of Jews during WWII meanwhile was blocked by Italy, citing freedom of speech.

But the Italian Government has since changed, and is now seen as more sympathetic to Justice Minister Brigitte Zypries' proposals.

However last year's trial of the British historian David Irving, who was imprisoned for Holocaust denial in Austria, sparked a heated debate in Europe and illustrated just how controversial such a move might be.

Even his opponents said they were deeply uncomfortable with the idea of imprisoning someone for their opinions, however objectionable they were.

The details of the proposal have yet to emerge, but it is thought likely that member states would have the right to set their own rules determining if and how a Holocaust denier should be punished.

Under any new law, prosecutors might also have to prove that a Nazi symbol was being used with the intention of whipping up racism.