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Memory Laws in Poland and Hungary Report by the research consortium ‘The Challenges of Populist Memory Politics and Militant Memory Laws (MEMOCRACY)’
This Report consists of two main parts devoted to Poland’s and Hungary’s remembering of and dealing with the past, including with the use of memory laws and other deployments of legal and extra-legal means in historical policy, including soft law. It also discusses relevant domestic courts’ jurisprudence. The report situates these practices against European human rights law standards, inferred from the ECtHR case law. The aim of this exercise is capturing the dynamics of the Polish and Hungarian state’s relationship to the past after 1989 in a concise form and examine the current legal framework. The Polish and Hungarian sections are structured around common themes. In what follows, ...
Responsibility for negation of international crimes
History is no longer the exclusive domain of historians, but is now often used as a tool for politics. It is not without reason that the term “state historical policy” has been coined, which must be a kind of aberration for those who believed that the role of history is to objectively determine the course of events. The fact is, however, that the distortion of historical facts, the concealment of crimes is now part of the “information war”. Therefore, new acts of public international law, EU law and national law are introduced in order to combat public condonation, denial or gross trivialisation of the core international crimes which are certain forms and expressions of racism and xe...
The Impact of the United Nations Human Rights Treaties on the Domestic Level: Twenty Years On
This collection of chapters tracks and explains the impact of the nine core United Nations human rights treaties in 20 selected countries, four from each of the five UN regions. Researchers based in each of these countries were responsible for the chapters, in which they assess the influence of the treaties and treaty body recommendations on legislation, policies, court decisions and practices. By covering the 20 years between July 1999 and June 2019, this book updates a study done 20 years ago.
Intersections of Law and Memory
This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of ‘legal institutions of memory’...
War Narratives in Post-Conflict Societies
This book studies war narratives and their role in the political arenas of post-conflict societies, with a focus on the former Yugoslavia. How do politicians in postwar societies talk about the past war? How do they discursively represent vulnerable social groups created by the conflict? Does the nature of this representation depend on the politicians’ ideology, personal characteristics, or their record of combat service? The book answers these questions by pairing natural language processing tools and large corpora of parliamentary debates collected in three southeast European post-conflict societies (Bosnia-Herzegovina, Croatia, and Serbia). Using the latest advances in computer science,...
The Right to Memory
The field of memory studies has typically focused on everyday memory and commemoration practices through which we construct meaning and identities. The Right to Memory looks beyond these everyday practices, focusing instead on how memory relates to human rights and socio-legal constructs in order to legitimize and protect groups and individuals. With case studies including Polish Holocaust Law, the Indian origins of Amartya Sen’s capability theory approach, and the right to memory through digital technologies in Brazilian and British museums, this collected volume seeks to establish the right to memory as a foundational topic in memory studies.
Beyond the Law
The study, edited by Prof. dr habil. Witold Klaus, which is a legal commentary to the dramatic events that have been taking place on the Polish–Belarusian border since August 2021. The humanitarian crisis unfolding there, or in fact the Polish government’s response to it, not only does it raisemany moral but also legal questions.The publication is the product of collaboration between two research centres operating at the Institute of Law Studies of the Polish Academy of Sciences: the Migration Law Research Centre and the Centre for Research on International Criminal Law. The authors represent various research institutions, although most of them are active members of one of the PAS centre...
Memory Laws and Historical Justice
This book examines state efforts to shape the public memory of past atrocities in the service of nationalist politics. This political engagement with the 'duty to remember', and the question of historical memory and identity politics, began as an effort to confront denialism with regard to the Holocaust, but now extends well beyond that framework, and has become a contentious subject in many countries. In exploring the politics of memory laws, a topic that has been overlooked in the largely legal analyses surrounding this phenomenon, this volume traces the spread of memory laws from their origins in Western Europe to their adoption by countries around the world. The work illustrates how memory laws have become a widespread tool of governments with a nationalist, majoritarian outlook. Indeed, as this volume illustrates, in countries that move from pluralism to majoritarianism, memory laws serve as a warning – a precursor to increasingly repressive, nationalist inclinations.
Book of the Disappeared
Book of the Disappeared confronts worldwide human rights violations of enforced disappearance and genocide and explores the global quest for justice with forceful, outstanding contributions by respected scholars, expert practitioners, and provocative contemporary artists. This profoundly humane book spotlights our historic inhumanity while offering insights for survival and transformation.
Wpływ ONZ-owskiego standardu ochrony praw człowieka na orzecznictwa Europejskiego Trybunału Praw Człowieka
Praca powstała w wyniku realizacji projektu badawczego o nr 2016/21/B/HS5/02057 finansowanego ze środków Narodowego Centrum Nauki. Recenzowaną pracę zbiorową należy uznać za dzieło podejmujące problem o dużej doniosłości naukowej i aktualności w prawie międzynarodowym praw człowieka. Kwestia wpływu uniwersalnego systemu praw człowieka na systemy regionalne zyskuje na atrakcyjności badawczej z uwagi na szeroko promowany postulat „dialogu” międzysystemowego i współpracy organów sądowych i quasi-sądowych w tej dziedzinie. (…) W sposób naukowy – ale jednocześnie przystępny – analizuje wpływ ONZ-owskiego systemu ochrony praw człowieka na orzecznictwo Europe...
