Last week, Poland and Israel published a declaration announcing an end to the disagreement between them on the so-called “Holocaust law”.
In its previous form, the law could have imprisoned anyone presenting the Polish nation as responsible for Second World War crimes. A new agreement eliminated subsections that criminalise those who sully Polish honour — but leaves open, and in fact encourages, the prospect of prosecution in civil courts.
In Polish criminal law, the accuser has to prove criminality. In civil cases, the onus is on the accused: they have to prove that what was stated is in accordance with the facts. Historians and artists are no longer protected.
A historian could face a punishing fine for showing that Polish peasants either delivered Jews to the Germans or the collaborationist Polish police.