Nouvelle publication, 13 juillet 2016
Parution de l’article "On the Breaking of Consensus : the Perinçek Case, the Armenian Genocide and International Criminal Law", in Jan Willems, Hans Nelen et Roland Moerland dir., Denialism and Human Rights, Intersentia, Cambridge, 2016.
Abstract:
The 100th anniversary of the Armenian genocide was also the year of the revision by the High Chamber of the Doğu Perinçek v. Switzerland judgment rendered by the European Court of Human Rights (ECHR) on December 17, 2013. We focus here on one of the arguments set forth by the ECHR in 2013, which disfavours the Swiss criminal jurisdictions in this case of genocide denial: the problematic argument of the absence of a ‘general consensus’ on the 1915 genocide. This contribution aims to shed light on the paradoxes and consequences of such an argument that calls, notably, for a historical perspective – and demands, in particular, that we look back on the history of international criminal law.
