Turkey Concerned as Germany Moves to Criminalize Denial of Genocide

Germany is currently debating the criminalization of genocide and war crime denial. Legal experts note that those who deny the Armenian Genocide may also face penalties.

The coalition government formed by the Social Democratic Party, Free Democratic Party, and the Green Party has submitted a draft law for discussion and voting in the Bundestag (parliament). Despite opposition votes from the Left Party and Alternative for Germany (AfD), the bill was approved by a vote of 514 lawmakers in favor.

The legislative amendment to Article 130 of the German Criminal Code proposes imprisonment (up to 3 years) or fines for anyone who incites hate and violence by denying genocide and war crimes. As a result, not only Holocaust deniers in Germany will be penalized, but also those who deny genocides and war crimes around the world, as well as crimes against humanity.

Turkish media outlets express concern and confusion about whether this legislative amendment will pertain to the denial of the Armenian Genocide. The German Ministry of Justice, which supports the law change, has clarified on its website that if courts cannot establish the fact of a certain genocide or war crime, then the sanctions prescribed by the law will not apply to the alleged crime denier.

“However, in some cases, historical facts may be widely known, and in such cases, the court does not need to collect evidence,” explains the German Ministry of Justice.

It is worth noting that on June 2, 2016, the Bundestag passed a resolution recognizing the deportation and massacres of Armenians in the Ottoman Empire from 1915 to 1916 as genocide.