Nothing Special   »   [go: up one dir, main page]
Scribd Logo
Upload

Welcome to Scribd!

  • 52 views

    Jareno Case Study 2

    Uploaded by

    Joshua Mari Atienza Jareño
    Poland enacted a law prohibiting blaming Poland for assisting in the Holocaust. Israel and the U.S. opposed the law as restricting freedom of speech. The law makes it a criminal offense to falsely attribute the crimes of Nazi Germany to Poland. Poland argues the law protects its reputation, while critics say it limits examination of history. No international cases have been filed yet regarding the law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Jareno Case Study 2

    Uploaded by

    Joshua Mari Atienza Jareño
    52 views2 pages
    Poland enacted a law prohibiting blaming Poland for assisting in the Holocaust. Israel and the U.S. opposed the law as restricting freedom of speech. The law makes it a criminal offense to falsely attribute the crimes of Nazi Germany to Poland. Poland argues the law protects its reputation, while critics say it limits examination of history. No international cases have been filed yet regarding the law.

    Original Description:

    International

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Poland enacted a law prohibiting blaming Poland for assisting in the Holocaust. Israel and the U.S. opposed the law as restricting freedom of speech. The law makes it a criminal offense to falsely attribute the crimes of Nazi Germany to Poland. Poland argues the law protects its reputation, while critics say it limits examination of history. No international cases have been filed yet regarding the law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    52 views2 pages

    Jareno Case Study 2

    Uploaded by

    Joshua Mari Atienza Jareño
    Poland enacted a law prohibiting blaming Poland for assisting in the Holocaust. Israel and the U.S. opposed the law as restricting freedom of speech. The law makes it a criminal offense to falsely attribute the crimes of Nazi Germany to Poland. Poland argues the law protects its reputation, while critics say it limits examination of history. No international cases have been filed yet regarding the law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Joshua Mari A.

    Jareño Special Issues in International Law


    JD 2-3 Atty. Maria Khristina Gimenez

    Polish Government Enacts Law Prohibiting Blaming


    Poland for Assisting in the Holocaust

     Parties
    o Poland
    o Israel and United States of America

     Facts
    o On February 7, 2018, Polish President Andrezej Duda signed a
    legislation which aims to prohibit blaming Poland for Holocaust
    crimes committed by the Nazi Germany.
    o The law generally discusses the prohibition on any form of speech
    attributing Holocaust crimes with Poland.
    o The legislation calls for prison terms of upto three years for falsely
    attributing the crimes of Nazi Germany to Poland.
    o Poland lost about 3 million of its non-Jewish citizens, including many
    of its intellectuals and members of the elites during World War Two.
    The capital Warsaw was razed to the ground in 1944 after a failed
    uprising in which 200,000 civilians died.
    o Before World War Two, Poland was home to Europe’s largest Jewish
    community of some 3.2 million. Nazi Germany attacked and
    occupied Poland in 1939 and later built death camps including
    Auschwitz and Treblinka on Polish soil. Most of the Jews that lived in
    Poland were killed by the Nazi occupiers.

     Contention of the Parties


    o Poland
     Poland’s authorities have described it as an attempt to
    protect the country’s reputation from what it believes is
    confusion about who bears responsibility for Auschwitz and
    other death camps Nazi Germany set up in occupied Poland.
     The Polish Institute of National Remembrance (IPN) said that
    Poland had been in the past many times presented as an ally
    of Hitler, which made it necessary to protect its reputation.
    o Israel
     "Israel opposes categorically the Polish Senate decision," the
    spokesman for Israel's Foreign Ministry, Emmanuel
    Joshua Mari A. Jareño Special Issues in International Law
    JD 2-3 Atty. Maria Khristina Gimenez

    Nahshon, tweeted Thursday. "Israel views with utmost gravity


    any attempt to challenge historical truth. No law will change
    the facts."
    o United States of America
     U.S. Secretary of State Rex Tillerson said the new law
    “adversely affects freedom of speech and academic
    inquiry.”
     Governing Principle
    o Freedom of Speech and Expression
     Freedom of expression is a fundamental international human
    right.
     Freedom of expression is necessary for the achievement of
    other human rights such as fair administration of justice,
    education, adequate standard of living, equality, human
    dignity, and the rights of women, peoples, and minorities.
     Freedom of expression is recognized by the Universal
    Declaration of Human Rights (UDHR), the International
    Covenant on Civil and Political Rights (ICCPR), the African
    Charter on Human and Peoples’ Rights (ACHPR), the
    American Convention on Human Rights (ACHR), the Arab
    Charter on Human Rights (Arab Charter), and the European
    Convention on Human Rights (ECHR). Although freedom of
    expression is fundamental, it is not absolute. Article 19 of the
    ICCPR allows for restrictions on freedom of expression that are
    necessary to protect the rights or reputations of others,
    national security, public order, public health, or public morals.
     Status
    o No case is filed yet with any International Tribunals. Despite its
    reservations in relation with the new law, Israel continues to
    communicate with Poland for the settlement of this issue. In his
    speech, President Andrzej Duda said he would also ask Poland’s
    constitutional court to evaluate the bill — leaving open the
    possibility it could be amended.

    You might also like