Description
This paper examines how anti-discrimination and hate speech laws are being(ab)used across Europe to restrict political expression under the pretext of complying with human rights obligations. It argues that while such laws are vital in democratic societies, their instrumentalisation to silence dissent constitutes a form of “internal lawfare” and poses a serious threat to the rule of law. Adopting a comparative and theoretical approach, the analysis draws on international human rights law, criminal law, and EU law, with a particular focus on racism-related legislation and the context of narrative warfare.
While Clausewitz viewed war as a continuation of politics by other means, contemporary theorists such as Charles Dunlap and Jiang Shigong have shown how law itself can be used—or misused—to achieve operational objectives. In this context, human rights obligations, particularly those relating to the fight against discrimination, are increasingly manipulated to entrench dominant narratives and marginalise dissent, despite the high threshold international law sets for interfering with political speech.
The paper rephrases Cicero’s aphorism: do “laws fall silent among arms” when laws themselves become arms? Addressing this question contributes to urgent debates in human rights law and offers a novel perspective on the contemporary relevance of just war theory.
| Period | 14 Jul 2025 |
|---|---|
| Event title | School of Business, Education and Law Research Conference 2025 |
| Event type | Conference |
| Conference number | 2025 |
| Location | Huddersfield, United KingdomShow on map |
| Degree of Recognition | National |