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

• Authors: Grzebyk Patrycja
• Languages of publication: EN

Abstracts

EN

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 1917­1990. The article proves that the wording of the amendments is inconsistent 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

EN

denial crime; double criminality; freedom of expression; freedom of speech; Institute of National Remembrance; memory law; rule of law

• Publisher: Instytut Nauk Prawnych PAN / Institute of Legal Studies PAN
• Journal: Polish Yearbook of International Law
• Year: 2017
• Volume: 37
• Pages: 287-300

Dates

published

2018-09-01

Contributors

author

Grzebyk Patrycja

• Institute of International Relations, Faculty of Political Science and International Studies, University of Warsaw

Identifiers

DOI

10.7420/pyil2017o