Law on the Institute of National Remembrance - Commission for the Prosecution of Crimes against the Polish People

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The Law on the Institute of National Remembrance - Commission for the Prosecution of Crimes Against the Polish People (Polish: Ustawa z dnia 18 grudnia 1998 r. O Instytucie Pamięci Narodowej - Komisji Ścigania Zbrodni przeciwko Narodowi Polskiemu ) created a National Institute in Poland in 1998 Memorial (IPN), which is supposed to manage security files of the People's Republic of Poland , to make them accessible and to process them scientifically. The institute is also supposed to archive and process documents on the crimes committed by the German and Soviet occupiers during the Second World War . In Art. 55 the law also criminalizes the denial of Nazi and Communist crimes.

With an amendment of Art. 55, which was signed by President Andrzej Duda on February 6th, 2018 , punishments of up to three years could be punished if Poland were to be “wrongly assigned the responsibility or co-responsibility for crimes” which committed by the Third German Reich ”. In particular, the government wanted to prevent the intentional or unintentional use of wrong terms such as “Polish extermination camps”. In the press there was mostly talk of the Polish “Holocaust Law” .

On June 27, 2018, the government introduced a draft amendment to the Sejm, which completely removed the controversial Articles 55a and 55b. On the same day, the bill was passed by the Sejm and Senate and signed by the President. Opposition politicians complained about a limited debate.

The broad leeway that the amended law has left has been criticized both nationally and internationally. He had opened up the possibility of censoring information and research on actual collaborations between Poland and the National Socialists and on anti-Semitic acts of violence by the Polish population.

Prehistory of the 2018 amendment

Since 2004 the Polish Ministry of Foreign Affairs has been campaigning against expressions like “Polish camps”. Polish embassies and consulates are instructed to demand the publication of correct designations such as "German Nazi concentration or extermination camp in occupied Poland" or "National Socialist concentration or extermination camp on the territory of Germany-occupied Poland" from the editorial offices . There were repeated protests from Poland as a result of the use of the term. When the German Federal Agency for Civic Education (bpb) used the term “Polish Concentration Camps” in the book Jüdisches Leben in Deutschland in 2010 , the Polish Foreign Ministry intervened and the bpb promised to take the entire edition of 800,000 copies off the market. In 2012, the then US President Barack Obama used the phrase “Polish death camp” during a speech in honor of the resistance fighter Jan Karski , to which the spokesman for the United States National Security Council stated after Polish protests that the president had made a mistake when he responded to National Socialists Death camp in Poland and I regret that.

In July 2013, ZDF announced in a documentary announcement that the Auschwitz and Majdanek extermination camps were “Polish concentration camps”. In 2015 the former prisoner in Auschwitz-Birkenau, Karol Tendera, sued the ZDF. He was supported by "Patria Nostra", "a concentration [...] Polish national conservative lawyers who seek these complaints because they find that the Polish government is not doing enough to crack down on geschichtsklitternden proceed attempts". In the first instance, the court upheld the lawsuit, but found that ZDF had already adequately apologized to the plaintiff in a personal letter. After an appeal, the appellate court in Krakow sentenced the ZDF in 2016 to publish an apology on its homepage www.zdf.de for a month. It saw the suing Auschwitz survivor injured in his personal dignity and his national identity by the choice of words. The plaintiff and "Patria Nostra" saw the implementation of the judgment as insufficient, as the main text on the home page was only linked. They obtained an enforcement order from the Mainz Regional Court , which the Koblenz Higher Regional Court declared admissible under German law. On the ZDF's appeal to the Federal Court of Justice , the IX. Civil Senate overturned the decisions of the lower courts and rejected the application for the enforcement clause, because the broadcaster's right to freedom of expression would otherwise be curtailed.

Amanda Borschel-Dan wrote in The Times of Israel about the origin of the term that it was coined in 1956 in the West German secret service's 114th department , headed by Alfred Benzinger , in order to shift the perception of German perpetrators in World War II from Germany to Poland . The historian Krzysztof Ruchniewicz questions the credibility of this claim. The assumption was published by Leszek Pietrzak in a niche magazine and was rumored on various Internet sites, but it cannot be confirmed by any source. The historian's commission of the Federal Intelligence Service could not find any evidence of a disinformation campaign by Benzinger. Ruchniewicz also states that the expression “Polish death camps” was used as a geographical name in 1944 by the Holocaust witness and Polish national hero Jan Karski .

The Association of Historians in Germany (VHD) judges terms such as “Polish concentration camps” as non-words that suggest “a completely wrong idea of ​​responsibility for Nazi crimes” . In the Associated Press Style Book , a reference work for journalists, it is advised to avoid terms like "Polish death camps", which can confuse the perpetrators and the locations of crimes, but instead use things like "death camps in Nazi-occupied Poland" to use.

In order to rule out any misunderstandings about the German character of Auschwitz, the Polish government applied to the UNESCO World Heritage Committee in 2006 to rename the Auschwitz-Birkenau concentration camp memorial . The Polish initiative received support from the Israeli institute Yad Vashem and the communities of former prisoners of the Auschwitz-Birkenau concentration camp. On June 27, 2007 the name was changed to “Auschwitz-Birkenau. German National Socialist Concentration and Extermination Camp (1940–1945) ”changed.

The Auschwitz-Birkenau State Museum , in cooperation with the FCB advertising agency in Warsaw, has developed a plug-in for Microsoft Word on Windows and various text editors on Mac OS, which, like a spell checker, automatically replaces the terms “Polish concentration camp” and similar expressions with historically correct terms should allow to replace. The plug-in named “Remember” works in 16 languages ​​and can be downloaded free of charge from the museum's website.

In 2016, the governments of Poland and Israel made a joint declaration to take action against historical falsification and the term “Polish camps”.

Legal situation

Polish shared responsibility for Nazi crimes

As early as 2006, in response to the publication of a book by Jan T. Gross on the Jedwabne massacre , the then PiS government passed a law known as “Lex Gross”, which stipulated that anyone “the Polish nation publicly participates, organizes or takes responsibility for Communist or National Socialist crimes accused “of up to three years in prison. This law was repealed in 2008 by the Polish Constitutional Court.

After the inauguration of the PiS government at the end of 2015, it announced another legal initiative. On January 26, 2018, the Sejm passed an amending law to the Law on the Institute for National Remembrance . Articles 55a and 55b have been added:

"Art. 55a. 1. Whoever publicly and contrary to the facts ascribes the responsibility or co-responsibility to the Polish nation or the Polish state for the National Socialist crimes committed by the Third Reich according to Article 6 of the Charter of the International Military Tribunal, Annex to the International Law on the Prosecution and Punishment of the Main War Criminals of the Europeans Axis , signed in London on August 8, 1945 (Journal of Laws of 1947 Article 367), or for other crimes against peace , crimes against humanity or war crimes , or who in any other way massively diminishes the responsibility of the real perpetrators of these crimes, is subject to a fine or imprisonment of up to three years.

2. If the offender acts unintentionally within the meaning of paragraph 1, he is subject to a fine or imprisonment.

3. No criminal offense under paragraphs 1 and 2 is committed if the act was part of an artistic or scientific activity.

Art. 55b. Regardless of the regulations in force at the place where the prohibited act is committed, this law applies to a Polish citizen and a foreigner in the event of a criminal offense under Articles 55 and 55a. "

Terms such as “Polish concentration camps” were also forbidden because they “pollute” Poland's “reputation”. Only inadmissible generalizations, the attribution of crimes by individuals to the entire Polish people or the state that only existed as a government in exile during the German occupation would be punished .

On January 31, 2018, the Polish Senate also approved the bill. Before final signing and enactment, however, President Andrzej Duda had announced a "thorough analysis" of the legal text. On February 6, 2018, he decided to sign the law. In addition, there should be a subsequent review of norms by the Constitutional Court, which, after the repeal of Articles 55a and 55b by the legislature, only dealt with the downsizing of Ukrainian nationalists to be punished.

Crimes committed by Ukrainian nationalists

Article 1 of the Amending Act punishes the trivializing of crimes committed by Ukrainian nationalists in the years 1925–1950, as well as those committed by associations working with the Third German Reich. The “involvement in the extermination of the Jewish population and the genocide of citizens of the Second Polish Republic in the Wołyń and Małopolska Wschodnia areas ” (Eastern Galicia) are explicitly mentioned . The denial of communist crimes is punished analogously until 1990.

The Kiev parliament condemned the law because it could distort debates about history and fuel anti-Ukrainian sentiments. The director of the Ukrainian Institute for National Remembrance, Vladimir Vyatrovich, fears that the law could be directed against Ukrainians working in Poland, accusing them of supporting the "Bandera ideology". ( Stepan Bandera , one of the leaders of the Ukrainian nationalists in World War II, has become a symbol of resistance against Russia in Ukraine.)

In January 2019, the Constitutional Court ruled that the terms “Ukrainian nationalists” and “Małopolska Wschodnia” violated the requirement of certainty and are therefore unconstitutional.

Application of the law

The change in law came into force on March 1, 2018. One day later, the Polish League filed a lawsuit against the defamation against the Argentine daily Página / 12 . In December 2017, it published an article about the Jedwabne massacre in 1941, "in which Nazis and locals killed at least 340 Jews". The league considers an attached photo of anti-communist resistance fighters of the post-war period to be manipulative. Some of them "are accused of participating in the killing of Jews, Belarusians and other minorities".

International reactions

Criticism of the law came from Israel, where various politicians and commentators see this new legal position as a form of denial of their own history on the part of the Polish legislature. Prime Minister Benjamin Netanyahu articulated that "no one can change history and the Holocaust cannot be denied." Yair Lapid , a member of the Yesh Atid in the Knesset , condemned the law "most sharply because it tries to deny Polish complicity in the Holocaust" and added that this “was conceived in Germany, but hundreds of thousands of Jews were murdered without ever meeting a German soldier. There were Polish death camps, and no law can ever change that. ”In The Times of Israel , Israeli historian Efraim Zuroff criticized Lapid's remarks. Although the law is to be criticized and the new Polish government is trying to reject all Polish complicity, the arguments of the former Israeli finance minister cannot be defended. The term “Polish death camps” is misleading. The Polish state did not collaborate in the genocide of the Jews. In this regard, Poland was an exception compared to many other occupied countries in Europe. Zuroff also considers the claim that Poland was partly responsible for the Holocaust to be false because there was no Poland under German occupation. The sovereignty of Poland was dissolved and the state territory was taken over by the National Socialists. The allegation of the murder of hundreds of thousands of Jews who never met a German soldier is also absurd. The Chief Rabbi of Poland Michael Schudrich assumes a maximum of 2500 Jewish victims during the Holocaust and immediately afterwards, who were murdered directly by Poland. Zuroff, on the other hand, speaks of many thousands of people. Only in Poland and the Netherlands, among all the occupied European countries, had there been resistance movements with the aim of rescuing the Jews , even if aid to Jews was often refused and there had been murders of Jews by some underground organizations. The accusations are insulting because, in addition to three million Polish Jews, three million Polish non-Jews were killed by the National Socialists on Polish territory.

The Israeli education minister Naftali Bennett articulated his displeasure: “It is a historical fact that many Poles helped murder Jews, extradited them, mistreated them and even killed Jews during and after the Holocaust,” but also emphasized Germany's main responsibility for the Shoah, since it was the Nazis who initiated and planned the Holocaust and built the extermination camps on Polish soil. Yad Vashem condemned the law because it was able to cover up the historical truth that the German occupiers also received support from the Polish population. At the same time it was stated that there is no doubt that the term “Polish death camps” is historically wrong and misleading, since the extermination camps in occupied Poland were set up by Germans as part of the “ final solution to the Jewish question ”. Journalists in the Haaretz and Jewish Telegraphic Agency criticized the fact that, in addition to the ban on the expression “Polish extermination camps”, the persecution of Jews by Poland should not be mentioned, for which the Jedwabne massacre (1941) and the Kielce pogrom (1946) are cited as examples were.

"There is not the slightest doubt who is responsible for the extermination camps, who operated them and who murdered millions of European Jews there: namely Germans," said Sigmar Gabriel, according to the Foreign Office in February 2018. "This organized mass murder was carried out by our country committed and by no one else. Individual collaborators do not change anything. ”“ We are convinced that only careful processing of one's own history can bring reconciliation. This means that people who had to experience the unbearable suffering of the Shoah can speak about this suffering without restriction, ”he said.

The US State Department also warned against restrictions on freedom of expression and science. The Polish government, however, stressed that this was not the intention. However, Bogdan Klich from the opposition Citizens' Platform criticized the very broad scope of the law. Discussions about history should not take place “under the eyes of the public prosecutor”.

President Duda said at the signing that he was taking seriously fears that the law could be misused to deny responsibility of Poles in crimes against Jews. In order to rule out that the law endangers the freedom of expression, he will submit the law to the constitutional court.

Jan Pallokat, ARD correspondent in Warsaw, however, considers the authority of the constitutional court to be undermined: "With Duda's help, it was smashed in its old form and newly staffed." Unpleasant historical topics have been suppressed. "The decision about what is the truth is now up to the Polish courts, whose independence many see threatened by the judicial reform in the country."

The anti-Semitism researcher Stefanie Schüler-Springorum put the new law in the context of the nationalist cultural policy of the PiS government: "It's about creating a positive image of a unified Catholic Poland." The demand that the terrible suffering of the Polish population under the German occupation would be fully recognized, their role of victim would not be reinterpreted in a perpetrator role. On this basis, however, criticizing the behavior of Poles in World War II had already been suppressed by the renovation of the World War Museum in Gdańsk . Despite the exception for science and art, she sees the amendment to the law as an "attack on free science". On the other hand, one should "not regulate social and political conflicts through the criminal code".

On the sidelines of the Munich Security Conference , Prime Minister Mateusz Morawiecki , a studied historian, was asked in February 2018 by the Israeli journalist Ronen Bergman, with reference to the Holocaust law, whether he would be liable to prosecution if he spoke about the story of his mother - her family was betrayed to the German occupiers during the Nazi occupation of Poland. Morawiecki denied: There were also Polish perpetrators, “just as there were Jewish, Russian, Ukrainian and not only German perpetrators.” The claim that there were “Jewish perpetrators” in the Holocaust sparked widespread outrage. The Israeli Prime Minister Netanyahu called the sentence "abominable", it shows Morawiecki's "inability to understand history". Ronald Lauder , the President of the World Jewish Congress, brought the sentence close to a falsification of history and demanded that Morawiecki should apologize to all Jews.

Protest of German cultural mediators

German-speaking translators from Polish , mostly from the professional association VdÜ , and other mediators of Polish literature also protested against the current cultural policy reflected in this law. The law would undermine democracy and incapacitate and intimidate Polish civil society . For example, works by Joseph Conrad , Bruno Schulz , Witold Gombrowicz and Ryszard Kapuściński have been removed from the new official “literary canon” for Polish schools . The Senate President's call to Poles abroad to report all alleged "anti-Polish statements" makes denunciation a patriotic duty, the signatories state negatively.

"As translators and publicists who have been committed to the presence of polyphonic Polish literature and culture in our countries for years, we also owe it to our friends in Poland to protest against it."

- Protest by German-speaking cultural workers who are connected to Poland, February 2018 :

The resolution was signed by the Slavic translators Martin Pollack , Olaf Kühl , Gabriele Leupold , Andreas Volk, Peter Oliver Loew , Marta Kijowska , Renate Schmidgall and Lothar Quinkenstein, among many others . Signed and signed by the ranks of publishers and editors . a. Michael Krüger , Jo Lendle , Katharina Raabe and Sabine Baumann the protest.

Joint statement

After the controversial articles were removed from the law, the Prime Ministers of Poland and Israel signed the following declaration on June 27, 2018:

"Over the last thirty years, the contacts between our countries and societies have been based on a well-grounded trust and understanding. Israel and Poland are devoted, long-term friends and partners, cooperating closely with each other in the international arena, but also as regards the memory and education of the Holocaust.

This cooperation has been permeated by a spirit of mutual respect, mutual respect for identity and historical sensitivity, including the most tragic periods of our history.

Following my conversation with Prime Minister Morawiecki, Israel welcomes the decision taken by the Polish government to establish the official Polish group dedicated to the dialogue with its Israeli partners on historical issues relating to the Holocaust.

It's obvious that the Holocaust was an unprecedented crime, committed by Nazi Germany against the Jewish nation, including all Poles of Jewish origin.

Poland has always expressed the highest understanding of the significance of the Holocaust as the most tragic part of the Jewish national experience.

We believe that there is a common responsibility to conduct free research, to promote understanding and to preserve the memory of the history of the Holocaust.

We have always agreed that the term “Polish concentration / death camps” is blatantly erroneous and diminishes the responsibility of Germany for establishing those camps.

The wartime Polish government-in-exile attempted to stop this Nazi activity by trying to raise awareness among the Western allies of the systematic murder of the Polish Jews.

We acknowledge and condemn every single case of cruelty against Jews perpetrated by Poles during World War II.

We are honored to remember heroic acts of numerous Poles, especially the Righteous Among the Nations, who risked their lives to save Jewish people.

We reject the actions aimed at blaming Poland or the Polish nation as a whole for the atrocities committed by the Nazis and their collaborators of different nations.

Unfortunately, the sad fact is that some people - regardless of their origin, religion or worldview - revealed their darkest side at that time.

We acknowledge the fact that structures of the Polish underground state supervised by the Polish government-in-exile created a mechanism of systematic help and support to Jewish people, and its courts sentenced poles for collaborating with the German occupation authorities, including for denouncing Jews.

We support free and open historical expression and research on all aspects of the Holocaust so that it can be conducted without any fear of legal obstacles, including but not limited to students, teachers, researchers, journalists and of course, the survivors and their families, who will not be subjected to any legal charges for exercising the right to free speech and academic freedom with reference to the Holocaust.

No law can and no law will change that.

Both governments vehemently condemn all forms of anti-Semitism and express their commitment to oppose any of its manifestations.

Both governments also express their rejection of anti-Polonism and other negative national stereotypes.

The governments of Poland and Israel call for a return to civil and respectful dialogue in the public discourse. "

In the German translation, the explanation is as follows:

“Over the past thirty years the relationship between our countries and peoples has been built on a foundation of trust and understanding. Israel and Poland are devoted, long-term friends and partners. They work closely together - both on the international stage and with a view to commemorating and educating about the Holocaust. This collaboration is permeated by a spirit of mutual respect, mutual respect for identity and historical sensitivity - also with regard to the most tragic moments in our history.

As a result of my conversation with Prime Minister Morawiecki, Israel welcomes the decision of the Polish government to create an official Polish body for dialogue with Israeli partners on historical issues relating to the Holocaust.

It is beyond dispute that the Holocaust is an unprecedented crime committed by Nazi Germany against the Jewish people, including all Poles of Jewish origin.

Poland has always expressed its full understanding of the importance of the Holocaust as the most tragic part of Jewish history.

We believe that free exploration, advancement of understanding, and upholding commemoration of the history of the Holocaust is a shared responsibility.

We agreed at all times that the term “Polish concentration camps / death camps” is obviously wrong and that Germany's responsibility for the establishment of these camps is played down.

The Polish government-in-exile intended to stop the actions of the National Socialists by trying to raise awareness among the Western Allies of the systematic murder of Polish Jews.

We admit and condemn every single case of mistreatment of Jews by Poles during World War II.

We are honored to remember the heroic actions of many Poles, especially the Righteous Among the Nations, who risked their own lives to save Jews.

We reject efforts aimed at blaming the Polish state or the Polish people as a whole for the atrocities perpetrated by the National Socialists and their collaborators of different nations.

The sad fact is that some people - regardless of their origin, religion or belief - at this point revealed their darkest side.

We recognize the fact that the structures of the Polish underground state, led by the Polish government-in-exile, provided the basis for systematic aid and support to Jews and that its courts condemned Poland for collaboration with the German occupying forces, including denouncing Jews.

We advocate free and open historical utterance and research into all aspects of the Holocaust so that they can be done without fear of legal hindrance. This includes, but is not limited to, students, teachers, researchers, journalists, and of course survivors and their families. They will not be prosecuted for exercising their right to free speech and academic freedom with regard to the Holocaust.

No law can or will change this.

Both governments expressly condemn all forms of anti-Semitism and express their determination to oppose any of its forms.

Both governments are also committed to rejecting antipolonism and other negative national stereotypes.

The governments of Poland and Israel call for a return to a polite and respectful dialogue in public discourse. "

swell

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