A significant interference with the freedom of expression

2 mins read

The Bundestag has passed an absurd law: As a rule, the International Criminal Court decides on offenses such as “war crimes.” Now every German district court judge is supposed to do so.

Lying does not mean committing a crime. It is a rule whose exceptions have so far been manageable. After all, freedom of speech applies. There are criminal norms, such as fraud, which, however, require further preconditions in addition to the lie. The most important exception to the otherwise comprehensive principle of lying without punishment has been Holocaust denial. For good reasons, Germany has created a special right here that has been approved by the Federal Constitutional Court.

The extension of incitement to hatred to include the denial and trivialization of war crimes and genocides in general breaks with this exclusivity. This in itself is questionable.

The search for truth is demanding

What the Bundestag has decided in haste is, moreover, a significant encroachment on freedom of expression that stands on extremely shaky ground. As a rule, it is the International Criminal Court that decides on offenses such as “war crimes.” The proceedings take years and are highly complex.

Russia’s responsibility for the war in Ukraine and the shocking news from there should not obscure the fact that the search for truth in times of war is demanding. This is all the more true if it is to form the basis of a legal process. It must be reserved for experts. The new regulation now puts every district court judge in the awkward position of having to decide on these questions. That in itself is absurd.

main source of news: https://www.faz.net/

 

Salih Demir

Salih Demir lives in Germany. He is interested in politics and economy. Germany editor of -ancient idea- fikrikadim.com


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