Legislating Propaganda

Abstract

In this article I argue that Russia’s use of memory laws has facilitated the armed conflict in Ukraine, bolstering the rhetorical justification for Russia’s latest aggression. The use of memory laws is hardly new for various legal systems around the world. Most of the early European memory laws have focused on the protection of victim groups from harmful ideologies, however the last two decades have seen a shift away from victim-centric to state-centric laws, especially in Eastern Europe. These laws protect the state’s honour and reputation and have serious ramifications domestically, in terms of human rights violations, but also in international relations. I argue that due to the relationship between identity-building and collective memory, the use of the most nefarious types of memory laws that exculpate the state from earlier crimes has enabled Russia to amplify its propaganda around Ukraine’s so-called ‘denazification’, justifying its aggression against Ukraine. The case study constitutes an example of the many reasons why memory laws should be used sparingly.

The “Lessons of Nuremberg”: Their Use and Abuse in the Current Russia-Ukraine War

“…that discrediting the latter amounts to a slander of the Great Patriotic War). 91 Russia's Investigative Committee has supported the law, stating that it "should become another effective and timely way of protecting historical memory and the conclusions of the International Military Tribunal at Nuremberg. 92 Memory laws like these aid the perpetration of international crimes, as in the case of Russia's aggression against Ukraine, 93 as they build a militant identity and cast doubt on established historical facts.…”

“…91 Russia's Investigative Committee has supported the law, stating that it "should become another effective and timely way of protecting historical memory and the conclusions of the International Military Tribunal at Nuremberg. 92 Memory laws like these aid the perpetration of international crimes, as in the case of Russia's aggression against Ukraine, 93 as they build a militant identity and cast doubt on established historical facts. 94 The law can potentially have a chilling effect on any-body planning to research or write about the crimes committed by Stalin and the atrocities perpetrated by the NKVD 95 in Western Ukraine and the Baltic states.…”