Criminalisation of genocide denial and freedom of expression

Abstract

With the entry into force of the EU Framework Decision on Racism and Xenophobia and the attempts of some states to adopt laws prohibiting genocide denial generally as opposed to the previously followed Holocaust denial model, it became increasingly important to assess the compatibility of criminalisation of the Armenian genocide denial with freedom of expression under Article 10 of the European Convention on Human Rights. The legal compatibility analysis employed suggests that criminalisation of at least some forms of the Armenian genocide denial is compatible with the conventional right to freedom of expression.