Memocracy

On July 5, 2022, MEMOCRACY researchers presented on “Protecting or privileging historical narratives through law and its limits” panel at ICON-S Wrocław 2022 conference.

The panel was chaired by Dr. León Castellanos-Jankielewicz (T.M.C. Asser Institute).

Dr. Aleksandra Gliszczyńska-Grabias (Principal Investigator, Polish Academy of Sciences) presented on “Rehabilitation of historical figures in the context of memory laws“.

Dr. Uladzislau Belavusau (Principal Investigator, T.M.C. Asser Institute) discussed “Adopting a Memory Law on Colonial Past: Advantages, Risks and Some Solutions”.

Dr. Grażyna Baranowska (post doctoral researcher, Polish Academy of Sciences) discussed “Protecting the good name of the nation as a memory law“.

Dr. Anna Wójcik (post doctoral researcher, Polish Academy of Sciences) analysed “Limiting freedom of expression in backsliding democracies in the context of historical policy“.

Dr. Paula Fischer (post doctoral researcher, University of Cologne) presented on “A Militant Court? The Case Law of the ECtHR on Genocide Denial through the Lens of ‘Militant Democracy‘“.

Mirosław Sadowski (PhD candidate, Polish Academy of Sciences) discussed “International Institutions Between Cultural Heritage and Collective Memory: ICC and the Al Mahdi Case“.

Panel description

The panel explores diverse forms of limiting freedom of expression in the context of historical policy. It discusses how laws rehabilitating historical figures and protecting state and nation‘s good name turn into memory laws, prohibiting expressing competing narratives, especially in states experiencing a deliberate weakening of the rule of law standards. It also showcases links between specific elements of the rule of law breakdown and limiting freedom of expression o those who publicly share historical narratives diverging from accounts preferred by authorities. In the second part, the panel analyzes case law of international courts, the European Court of Human Rights and the International Criminal Court, to answer whether “militant democracy“ is an apt concept to explain the certain limitation of freedom of expression in democracies, and to discuss emerging standards of protecting human expression conceptualized as cultural heritage.