Poland’s nationalist government is in the process of enacting legislation to criminalize speech that “claims, publicly and contrary to the facts, that the Polish Nation or the Republic of Poland is responsible or co-responsible for Nazi crimes committed by the Third Reich.” The proposal would exempt “artistic or academic activity” but would prohibit ordinary citizens and politicians from accusing Poland of complicity in the murder of three million Polish Jews. Both the Israeli and U.S. governments have denounced the proposal, which restricts free speech and falsifies history.
True, the Germans built Auschwitz and other death camps on Polish soil. But the Germans could not have murdered the Polish Jews, and millions of other Europeans imported to death camps in Poland, without the active assistance of many Poles in identifying and rounding up victims. This complicity was incited by generations of anti-Semitic church sermons. Poles also murdered Jews during and after the German occupation—including in the Jedwabne pogrom in July 1941 and in Kielce in July 1946.
On the positive side, there were Polish Catholics, including priests and nuns, who risked their lives protecting Jews. There were many other righteous Polish individuals as well. Jan Karski risked his life by dressing as a death-camp guard so he could document the horrors, and the Ulma family was murdered for harboring Jews.
Poland’s role in the Holocaust is a mixed picture of complicity, heroism, complacency and willful blindness. It is up to historians to sort out the specifics and moralists to apportion blame. But it is not the role of law to stifle debate and to threaten those who question the current self-serving Polish government narrative.