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War crime apologia

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The term war crime apologia refers to narratives which justify, excuse or trivialize war-time atrocities, often as a way of negating the perpetrator's blameworthiness or the wider responsibility of the perpetrating group.[1] War crimes apologia are distinct from denialist narratives (as in Holocaust denial) because they are oriented around questions of moral responsibility and blame, rather than a dispute about the facts.

In France, war crime apology is a legal concept and a criminal offense referring to the promotion and justification of war crimes.

French Law

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The glorification of war crimes and crimes against humanity are distinct offenses but both are prohibited by article 24, paragraph 5, of the law of July 29, 1881:

Will be punished with the same penalty [five years' imprisonment and a fine of 45,000 euros] those who ... have advocated the crimes referred to in the first paragraph, war crimes, crimes against humanity, crimes of enslavement or exploitation of a person reduced to slavery or crimes and misdemeanors of collaboration with the enemy, including if these crimes have not given rise to the conviction of their perpetrators[2][3]

The elements for the offence are satisfied by the mere desire to justify a war crime, which is not to be confused with praise or provocation (incitement) to commit this crime. As the law reads: "it is enough that such remarks, once projected into the future, encourage people to pass a favorable judgment on crimes of this nature."[4]

References

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  1. ↑ Elliott, Christopher; Renic, Neil; Wolfendale, Jessica (12 November 2025). "Dirty hands, savage enemies, and bad apples: A taxonomy of war crimes apologia". Review of International Studies.
  2. ↑ "Loi du 29 juillet 1881 sur la liberté de la presse". Légifrance. July 15, 2021..
  3. ↑ "L'apologie de crimes de guerre et de crimes contre l'humanité sont des délits distincts". actualitesdudroit.fr. May 31, 2018..
  4. ↑ Jacques Francillon (2013). "Apologie de crimes contre l'humanité. Absence de portée normative de la loi "Taubira" du 21 mai 2001". Revue de science criminelle et de droit pénal comparé..