Amendments of January 2018 to the Act on the Institute of National Remembrance - Commission for the Prosecution of Crimes against the Polish Nation in Light of International Law
Polish Yearbook of International Law, Vol. 37 (2017), pp. 287-300, 2018
17 Pages Posted: 29 Jan 2019
Date Written: September 1, 2018
This article analyses the amendments of January 2018 to the Act on the Institute of National Remembrance (INR) of 1998, which has raised doubts in light of international law and provoked diplomatic tensions between Poland on one side and Germany, Ukraine, United States of America and Israel on the other. The INR is a national institution whose role is, among others, to prosecute perpetrators of international crimes committed between 1917-1990. The article proves that the wording of the amendments is in consistent with international law, as it ignores the principles of international responsibility, definitions of international crimes, and disproportionately limits freedom of expression. In consequence, it cannot be expected that third states will cooperate with Poland in the execution of responsibility for violation of the newly adopted norms.
Keywords: denial crime, double criminality, freedom of expression, freedom of speech, Institute of National Remembrance, memory law, rule of law
JEL Classification: K33
Suggested Citation: Suggested Citation