The International Association of Jewish Lawyers and Jurists filed a brief calling for the repeal of a controversial law that criminalizes accusing the Polish nation of crimes committed by Nazi Germany during World War II with Poland's Constitutional Tribunal on Tuesday.
The legislation, which went into effect on March 1, sparked a diplomatic spat between Warsaw and Jerusalem and led the United States to voice concerns it could negatively impact both freedom of speech in Poland and Warsaw's strategic relationships with other countries.
According to the IAJLJ's legal position, the legislation "severely and disproportionately violates the freedom of expression protected by international and European treaties (to which Poland is a party), is incompatible with the provisions of the Polish Constitution itself that protects freedom of expression and freedom of the press – and has already caused increase in anti-Semitism in Poland."
The IAJLJ also voiced concern the law would "cause a chilling effect when it comes to the study of the Holocaust since researchers will be cautious in their statements and afraid to publish their research."
IAJLJ President Meir Linzen said his organization recognizes that "Poles were the victims of the Nazi horror regime, after Poland ceased to exist as a state, and were under Nazi occupation since the beginning of World War II. The organization acknowledges and is grateful for the Poles who risked their lives in helping to save Jews during the Holocaust. That being said, it is impossible to ignore the fact that some Poles assisted the Nazis in their actions to exterminate the Jewish people, and there is no place to impose restrictions on freedom of expression regarding this sensitive and painful issue, which should be the subject of free and unlimited public discourse and academic research. The imposition of such criminal restrictions not only violates freedom of expression but ultimately harms Poland itself and its relations with the Jewish people."
He added that "the imposition of such criminal restrictions on freedom of expression not only violates constitutional and international law's standards but also harms Poland itself and its relations with the Jewish people."
IAJLJ Vice President Calev Myers said he believes "the way to resolve any imbalance of blame for the Holocaust is through positive measures – by researching, documenting and commemorating the lives of Polish heroes who resisted the Third Reich and the Holocaust – rather than by advancing draconic laws, which do not comply with international standards of freedom of expression and freedom of journalism."
Although a date has yet to be set, the tribunal is expected to hold a hearing on the brief in the coming months.
