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ZORYAN INSTITUTE OF CANADA, INC.
255 Duncan Mill Rd., Suite 310
Toronto, ON, Canada M3B 3H9
Tel: 416-250-9807 Fax: 416-512-1736
E-mail: [email protected]
www.zoryaninstitute.org
PRESS RELEASE
CONTACT: Torrey Swan
DATE: November 20, 2006
Tel: 416-250-9807
Criminalization of Genocide Denial to be Analyzed at Academic Conference
The recent passage by the French National Assembly of a bill criminalizing
denial of the Armenian Genocide has raised widespread controversy over the
role of the state in addressing denial. Politicians, pundits, journalists,
students and scholars have created a barrage of arguments and opinions on
the subject, including many Armenians arguing against it.
When the bill first went to the French National Assembly on May 18, 2006,
the Chairman of the International Institute for Genocide and Human Rights
Studies (IIGHRS) (A Division of the Zoryan Institute), Prof. Roger W. Smith,
disseminated an analysis titled "Laws against Genocide Denial: Potential
Consequences for Human Rights." In it he argues that limiting discourse on
historical events is not the role of the state in a free society and that
this recent amendment to the 2001 law, which recognized the Armenian
Genocide, contradicts the stated objective of the original legislation to
facilitate dialogue between the Armenians and Turks. Supporters of the bill,
such as French doctoral candidate in international criminal law Sévane
Garibian, maintain that it is constitutionally valid because in the
interpretation of the 1990 Gayssot law "denial falls under the jurisdiction
of the law only insofar as it constitutes an 'illicit disorder likely to
undermine law and order'. The key element in the legal definition of denial
is that the intention of the denier to cause harm must be proven. It is not
the opinion as such which is punished, but the diffusion of this opinion as
an ideological act, expressing, under cover of scholarship, anti-Semitic
propaganda, racist or heinous, likely to produce adverse effects in a
democracy." From another point of view, distinguished French historian of
Diaspora and the Armenian Genocide, Gérard Chaliand, recently expressed that
France already has "a legislative arsenal against racism (and) as a French
citizen (he) opposes the ethnicization of the law."
In order to clarify what is at stake in such legislation, the IIGHRS is
participating with the Benjamin N. Cardozo School of Law's Program in
Holocaust and Human Rights Studies, and others, in a conference on December
3-4, 2006 in New York City. Titled "Denying Genocide: Law, Identity and
Historical Memory in the Face of Mass Atrocity" the conference will be
comprised of four panel discussions: Escaping the Truth: The Meaning of
Denial; Comparing Denial; Denying Denial: Free Speech and Genocide Denial;
and Defining the Past: Denial, History, and Education. There will be
twenty-five participants from the fields of History, International
Relations, Jewish Studies, Law, Literature, Philosophy, Politics, and
Political Science.
"There will be many complex and interrelated issues discussed," stated
George Shirinian, Executive Director of the IIGHRS. "For example, in the
French case, there has been extensive public debate on whether such action
resolves in an effective way the problem of denial, and if so, whether this
legislation is, in a liberal democracy, a legitimate restriction on citizens'
freedom of expression." He continued that "this raises other questions
regarding the motivation for, and geopolitical consequences of, this bill.
The outcome can have a significant impact on Armenian-Turkish relations
worldwide, how denial is addressed in other jurisdictions, how Article 301
of the Turkish criminal code, which is being used to suppress discussion of
the Armenian Genocide, is viewed, and on Turkey's EU accession
negotiations."
"Having experts from North America and Europe engage one another through
this academic forum will shed much needed light on the very critical issues
surrounding denial," said Roger W. Smith. "The reason for the release of my
initial analysis six months ago was to spur individuals to confront these
critical issues. I see this conference, which is open to the public, as the
logical extension of the IIGHRS's efforts to create forums that allow
discourse on pressing concerns. This conference is a very timely endeavor,
and I look forward to my participation."
The Zoryan Institute, parent organization of the International Institute for
Genocide and Human Rights Studies, and co-publisher of Diaspora: A Journal
of Transnational Studies and Genocide Studies and Prevention: An
International Journal, is the first non-profit, international center devoted
to the research and documentation of contemporary issues with a focus on
Armenian social, political and cultural life, with the concern for the human
rights of all. For more information please contact the IIGHRS by email
[email protected] or telephone (416) 250-9807.
255 Duncan Mill Rd., Suite 310
Toronto, ON, Canada M3B 3H9
Tel: 416-250-9807 Fax: 416-512-1736
E-mail: [email protected]
www.zoryaninstitute.org
PRESS RELEASE
CONTACT: Torrey Swan
DATE: November 20, 2006
Tel: 416-250-9807
Criminalization of Genocide Denial to be Analyzed at Academic Conference
The recent passage by the French National Assembly of a bill criminalizing
denial of the Armenian Genocide has raised widespread controversy over the
role of the state in addressing denial. Politicians, pundits, journalists,
students and scholars have created a barrage of arguments and opinions on
the subject, including many Armenians arguing against it.
When the bill first went to the French National Assembly on May 18, 2006,
the Chairman of the International Institute for Genocide and Human Rights
Studies (IIGHRS) (A Division of the Zoryan Institute), Prof. Roger W. Smith,
disseminated an analysis titled "Laws against Genocide Denial: Potential
Consequences for Human Rights." In it he argues that limiting discourse on
historical events is not the role of the state in a free society and that
this recent amendment to the 2001 law, which recognized the Armenian
Genocide, contradicts the stated objective of the original legislation to
facilitate dialogue between the Armenians and Turks. Supporters of the bill,
such as French doctoral candidate in international criminal law Sévane
Garibian, maintain that it is constitutionally valid because in the
interpretation of the 1990 Gayssot law "denial falls under the jurisdiction
of the law only insofar as it constitutes an 'illicit disorder likely to
undermine law and order'. The key element in the legal definition of denial
is that the intention of the denier to cause harm must be proven. It is not
the opinion as such which is punished, but the diffusion of this opinion as
an ideological act, expressing, under cover of scholarship, anti-Semitic
propaganda, racist or heinous, likely to produce adverse effects in a
democracy." From another point of view, distinguished French historian of
Diaspora and the Armenian Genocide, Gérard Chaliand, recently expressed that
France already has "a legislative arsenal against racism (and) as a French
citizen (he) opposes the ethnicization of the law."
In order to clarify what is at stake in such legislation, the IIGHRS is
participating with the Benjamin N. Cardozo School of Law's Program in
Holocaust and Human Rights Studies, and others, in a conference on December
3-4, 2006 in New York City. Titled "Denying Genocide: Law, Identity and
Historical Memory in the Face of Mass Atrocity" the conference will be
comprised of four panel discussions: Escaping the Truth: The Meaning of
Denial; Comparing Denial; Denying Denial: Free Speech and Genocide Denial;
and Defining the Past: Denial, History, and Education. There will be
twenty-five participants from the fields of History, International
Relations, Jewish Studies, Law, Literature, Philosophy, Politics, and
Political Science.
"There will be many complex and interrelated issues discussed," stated
George Shirinian, Executive Director of the IIGHRS. "For example, in the
French case, there has been extensive public debate on whether such action
resolves in an effective way the problem of denial, and if so, whether this
legislation is, in a liberal democracy, a legitimate restriction on citizens'
freedom of expression." He continued that "this raises other questions
regarding the motivation for, and geopolitical consequences of, this bill.
The outcome can have a significant impact on Armenian-Turkish relations
worldwide, how denial is addressed in other jurisdictions, how Article 301
of the Turkish criminal code, which is being used to suppress discussion of
the Armenian Genocide, is viewed, and on Turkey's EU accession
negotiations."
"Having experts from North America and Europe engage one another through
this academic forum will shed much needed light on the very critical issues
surrounding denial," said Roger W. Smith. "The reason for the release of my
initial analysis six months ago was to spur individuals to confront these
critical issues. I see this conference, which is open to the public, as the
logical extension of the IIGHRS's efforts to create forums that allow
discourse on pressing concerns. This conference is a very timely endeavor,
and I look forward to my participation."
The Zoryan Institute, parent organization of the International Institute for
Genocide and Human Rights Studies, and co-publisher of Diaspora: A Journal
of Transnational Studies and Genocide Studies and Prevention: An
International Journal, is the first non-profit, international center devoted
to the research and documentation of contemporary issues with a focus on
Armenian social, political and cultural life, with the concern for the human
rights of all. For more information please contact the IIGHRS by email
[email protected] or telephone (416) 250-9807.