About Genealogies of Memory 2013

    Legal Frames of Memory. Transitional Justice in Central and Eastern Europe

    27-29 November 2013, Warsaw

    The 3rd conference within the Genealogies of Memory framework took place in Warsaw in November 2013. It discussed the relationship between memory and law as well as concepts of justice with reference to post-communist transformations. Conference participants presented the papers showing the diversity of Eastern European experiences in dealing with the past and employing different legal measures to inform collective memory and identity. The keynote address “Justifying Atrocities: Contested Victims” by Elazar Barkan stimulated lively discussions during conference panels, which concentrated on the role of civil society and education in dealing with the past as well as courts’ influence on collective memory.

    Read the conference report

    Programme

    Conference / Warsaw 2013

    27/11/2013 Wednesday

    12:15
    Welcome address
    Rafał Rogulski, director of ENRS
    Małgorzata Omilanowska, Under-Secretary of State, the Ministry of Culture and National Heritage
    Wojciech Węgrzyn, Under-Secretary of State, the Ministry of Justice
    Małgorzata Pakier & Stanisław Tyszka, conference convenors
    13:00
    National and Regional Specificities of Transitional Justice Discourses
    Cosmin Sebastian Cercel:
    Anxieties of the Nomos: Fascism, Communism and Legal Discontinuity in Post-War Romania
    Ela Rossmiller:
    Subject Positions and Social Antagonisms in the Discourse of Transitional Justice in Poland
    Eva-Clarita Pettai:
    Transitional and Retrospective: Truth and Justice Processes in the Baltic States

    Written presentation: Anna Luleva - Justice Policy and Memory about Communism in Bulgaria. Dynamics and Current Debates

    Chair: Nadya Nedelsky
    Commentator: Uladzislau Belavusau
    15:00
    Coffe break
    16:00
    Restorative Justice: Law, Memory and Property
    Marcin Romanowski:
    Law and Politics Regarding Property in Germany - Disputes over Confiscations in the Soviet Zone of Occupation during 1945-49 (in Polish)
    Katarzyna Katana:
    Legal Issues Related to Restitution of Nationalized Real Estate as Demonstrated by the Property Expropriated by the Warsaw Decree (in Polish)
    Marcin Wróbel:
    Expropriation in Tatra Mountains National Park as a “Lack of Restorative Justice”. Outline of a Social Conflict in Podhale

    Written presentation: Kate Korycki - Memory Conflict and Law – a Theory

    Chair: Joanna Wawrzyniak
    Commentator: Stanisław Tyszka
    18:00
    Coffe break
    18:30
    Keynote lecture by Elazar Barkan: Justifying Atrocities: Contested Victims
    Chair: Dariusz Stola

    28/11/2013 Thursday

    9:30
    Retributive Justice: Dealing with Perpetrators
    Rivka Brot:
    Transitional Jewish Justice: Jewish Collaborators on Trial in Jewish Displaced Persons Camps, 1945-1950
    Agata Fijalkowski:
    Legal Frames of Memory: The Albanian Experience
    Marcin Warchoł:
    Prescription of Communist Crimes (in Polish)

    Chair: Christiane Wilke
    Commentator: Lavinia Stan
    11:30
    Coffe break
    12:00
    Private and Public Pasts in the Archives
    Tomasz Stryjek:
    Between Transitional Justice and Politics of National Identity. The Role of the Ukrainian National Memory Institute in the State Policy towards the Soviet Legacy in Ukraine (in Polish)
    Stanislav Labjak:
    The Transformation Process and Current Problems of the National Memory Institute of Slovakia
    Saygun Gökarıksel:
    Two Bodies of the Accused: Ethics of Knowledge and Memory and Polish Secret Service Archives

    Chair: István Rév
    Commentator: Antoni Dudek
    14:00
    Coffe break
    15:00
    Justice Within and Beyong Law: The Actions of Civil Society
    Nadya Nedelsky:
    Transitional Justice and Civil Society in Slovakia
    Lavinia Stan:
    Civil Society and Post-Communist Transitional Justice: The Romanian Case
    Elena Glushko:
    Hope for Justice: The Dream of Lustrations in Present-Day Russian Society

    Chair: Yaroslav Pasko
    Commentator: Yifat Gutma

    29/11/2013 Friday

    9:30
    Naming Crimes, Writing History: Courts' Educational Role (I)
    Joachim Savelsberg:
    Court Interventions against Human Rights Perpetrators: Between Current Representations and Memories of the Past
    Ivor Sokolić:
    Heroes, Courts and Normative Clashes: How Are Domestic War Crimes Trials Affecting Norm Building in Croatia?
    Magdalena Saryusz-Wolska:
    Reeducation, Denazification, Schuldfrage: Images of the Third Reich in the German Public Sphere 1945-1949

    Chair: Adam Czarnota
    Commentator: Mark Osiel
    11:30
    Coffe break
    12:00
    Naming Crimes, Writing History: Courts' Educational Role (II)
    Aleksandra Gliszczyńska-Grabias:
    Communism equals or versus Nazism? Central and Eastern European Unwholesome Legacy in ECtHR
    Mark Osiel:
    Can Courts Deliberately Alter Collective Memory? Novel Remedies from the Inter-American Court of Human Rights
    Christiane Wilke:
    East of the Rule of Law

    Written presentation: Hannes Püschel - Coming to Terms with the Past through Penal Law? Denial of Historical Atrocities and Public Use of Soviet Symbols in (Central and Eastern) European Penal Law

    Chair: Joachim Savelsberg
    Commentator: Jiří Přibáň
    14:00
    Coffe break
    15:00
    Roundtable Discussion: Historical Justice and its Present Legislation
    Moderator: Jiří Přibáň
    Discussants: Adam Czarnota, Yaroslav Pasko, Eva-Clarita Pettai, István Rév
    17:00
    Closing Address

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