The Soviet Famine and Criminalising “Denialism”: Choosing between EU Law and Human Rights?

This article addresses the recognition of the Ukrainian experience of the Soviet Famine of 1930-33 as a “genocide” in light of the recent reform concerning the “hate speech provision” of the German criminal code which aims to criminalise “denialism”. The question is framed within the context of international human rights law and comparative law, and it is argued that the inherent ambiguity of “anti-denialism” laws gives way to illegitimate interferences with freedom of expression.