Amendment to the Act on the Institute of National Remembrance

The Amendment to the Act on the Institute of National Remembrance of 2018 is a partly repealed Polish law that criminalized public speech attributing responsibility for the Holocaust to Poland or the Polish nation; the criminal provisions were removed again later that year, after international protests.[1][2] Article 2a, addressing crimes against "Polish citizens" by "Ukrainian nationalists", also caused controversy.[3] The legislation is part of the historical policy of the Law and Justice party which seeks to present a narrative of ethnic Poles exclusively as victims and heroes.[3][4][5] The law was widely seen as an infringement on freedom of expression and on academic freedom, and as a barrier to open discussion on Polish collaborationism,[3][6][7] leading to what has been described as "the biggest diplomatic crisis in [Poland's] recent history".[8]

While the act does not mention the "Polish death camp" controversy (involving concentration camps that had been built by Nazi Germany during World War II on German-occupied Polish soil), the act's chief intent was to address that controversy.[3] In 2019, the Constitutional Tribunal of Poland ruled that Article 2a was void and non-binding.[9]

  1. ^ "Poland Holocaust law: Government U-turn on jail threat". BBC News. 2018-06-27. Retrieved 2023-06-04.
  2. ^ Ahren, Raphael. "Does the Israeli-Polish Holocaust law agreement defend truth or betray history?". www.timesofisrael.com. Retrieved 2023-06-07.
  3. ^ a b c d Hackmann, Jörg (2018). "Defending the "Good Name" of the Polish Nation: Politics of History as a Battlefield in Poland, 2015–18". Journal of Genocide Research. 20 (4): 587–606. doi:10.1080/14623528.2018.1528742. S2CID 81922100.
  4. ^ Poland's Constitutional Breakdown, Wojciech Sadurski, Oxford University Press, page 155
  5. ^ Soroka, George; Krawatzek, Félix (2019). "Nationalism, Democracy, and Memory Laws". Journal of Democracy. 30 (2): 157–171. doi:10.1353/jod.2019.0032. ISSN 1086-3214. S2CID 159294126.
  6. ^ Noack, Rick (2 February 2018). "Poland's Senate passes Holocaust complicity bill despite concerns from U.S., Israel". The Washington Post. ISSN 0190-8286. Retrieved 2018-02-02.
  7. ^ Cite error: The named reference Ray2019 was invoked but never defined (see the help page).
  8. ^ Cherviatsova, Alina (2020). "Memory as a battlefield: European memorial laws and freedom of speech". The International Journal of Human Rights. 25 (4): 675–694. doi:10.1080/13642987.2020.1791826. S2CID 225574752.
  9. ^ "Ekspert: orzeczenie Trybunału Konstytucyjnego ws. nowelizacji ustawy o IPN może otworzyć drogę do dyskusji" (in Polish). Polskie Radio 24. 17 January 2019. Retrieved 2019-05-16.