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.