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Genocide denial in the United States

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Legality[edit]

Holocaust denial is protected in the United States by the First Amendment in the Constitution of the United States. In 1981, Superior Court Judge Thomas T. Johnson took judicial notice on a lawsuit by Mel Mermelstein against the Institute for Historical Review, which had offered $50,000 for anybody that could prove that the Holocaust wasn't fabricated by the Jews, that Jews were gassed in Auschwitz during the Holocaust. However, Johnson did not make a decision on whether or not the organization had a legal contract with Mermelstein and the case was later settled out of court in Meremlstein's favor.[1][2]

On December 9, 1948, the Genocide Convention, which the United States has signed and ratified, was adopted by the General Assembly of the United Nations. The convention gave a legal definition to genocide and countries that are party to the convention are obliged to prevent, punish, and not commit genocide along with other provisions.[3] The convention was opposed by the American Bar Association as the organization was opposed to "international tribunals which might supersede American courts and endanger the self-governing power of American states" and continued to oppose the convention until 1976.[4][5]

Genocides recognized by the United States[edit]

Genocides[edit]

Armenian[edit]

The United States recognized the Armenian genocide through two congressional resolutions passed by both houses of the United States Congress, and by presidential announcement in 2019. The House of Representatives passed a resolution with broad support on October 29, 2019, and the Senate did the same by unanimous consent on December 12, 2019, making the recognition of the Armenian Genocide part of the policy of the United States.[6][7] Before 2019, there were numerous proposed resolutions in Congress to recognize the Armenian Genocide, all failing to receive enough support.[8]

Holocaust[edit]

Native American[edit]

California genocide[edit]

The California genocide was not officially acknowledged until governor of the state of California, Gavin Newsom, officially apologized for the California genocide in 2019.[9][10] The United States still has not recognized the genocide.[11]

Rwandan genocide[edit]

During the Rwandan genocide in 1994, US officials under Clinton administration were instructed not to refer to it as genocide, but instead say that "acts of genocide have occurred."[12] As early as April 1994, the government had internally referred it as genocide, but they did not publicly refer to it as such until June.[13] On a visit to Kigali, in 1998, Clinton apologized for not referring it as genocide, and for not sending aid to Rwanda.[14]

Prominent genocide deniers[edit]

References[edit]

  1. "Holocaust Denial". Middle Tennessee State University. May 2017. Archived from the original on May 25, 2021. Unknown parameter |url-status= ignored (help)
  2. "California Judge Rules Holocaust Did Happen". The New York Times. October 10, 1981. Archived from the original on May 25, 2021. Unknown parameter |url-status= ignored (help)
  3. "The Genocide Convention". United Nations. Archived from the original on May 25, 2021. Unknown parameter |url-status= ignored (help)
  4. "Opposing the Genocide Convention". Capital Journal. October 10, 1949. p. 4. Archived from the original on May 25, 2021 – via Newspapers.com. Unknown parameter |url-status= ignored (help)
  5. "To Banish Genocide". The New York Times. February 26, 1976. p. 4. Archived from the original on May 25, 2021 – via Newspapers.com. Unknown parameter |url-status= ignored (help)
  6. "Senate Passes Menendez Resolution Recognizing the Armenian Genocide | United States Senate Committee on Foreign Relations". www.foreign.senate.gov. Retrieved 2021-05-25.
  7. Byrnes, Jesse (2019-10-29). "House votes to recognize Armenian genocide". TheHill. Retrieved 2021-05-25.
  8. Gingeras, Ryan (24 April 2021). "The U.S. formally recognized the Armenian genocide. Why now, a century later?". The Washington Post. Unknown parameter |url-status= ignored (help)
  9. Cowan, Jill (2019-06-19). "'It's Called Genocide': Newsom Apologizes to the State's Native Americans". The New York Times. ISSN 0362-4331. Retrieved 2021-05-25.
  10. Koseff, Alexei (2019-06-19). "'It's called a genocide': Gavin Newsom apologizes to California's Native Americans". San Francisco Chronicle. Retrieved 2021-05-25.
  11. Madley, Benjamin (2016-05-22). "It's time to acknowledge the genocide of California's Indians". Los Angeles Times. Retrieved 2021-05-24. Unknown parameter |url-status= ignored (help)
  12. Jehl, Douglas (10 June 1994). "Officials Told to Avoid Calling Rwanda Killings 'Genocide'". The New York Times. ISSN 0362-4331. Retrieved 19 May 2021.
  13. "US chose to ignore Rwandan genocide". the Guardian. 31 March 2004. Retrieved 19 May 2021. Unknown parameter |url-status= ignored (help)
  14. Power, Samantha (1 September 2009). "Bystanders to Genocide". The Atlantic. Retrieved 19 May 2021. Unknown parameter |url-status= ignored (help)


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