Speech and Harm: Genocide Denial, Hate Speech and Freedom of Expression

in International Criminal Law Review
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This article expounds upon the issue of genocide denial, especially its particular relations to freedom of expression and hate speech. It proceeds from the twin view that the gravity of the act of denial is such that anti-denial legislations are not irreconcilable with democratic standards and the principle of freedom of expression, and that what is required in the wake of recent high-profile rulings favouring freedom of expression is not an abandonment of attempts to develop a workable framework for criminalising denial, but rather renewed investment in thinking through operable approaches that are more finely-attuned to the characteristics of denial and its consequences. The aim of the contribution is thus to offer a re-examination of the relations between genocide denial, freedom of expression and hate speech, and, on this basis, to venture new possibilities for confronting denial via reference to the current framework(s) of hate speech.