Holocaust Denial In Austria: Free Speech Or Hate Crime?

Holocaust denial is a criminal offence in Austria. Those who publicly deny, belittle, approve or justify the crimes of National Socialism are punished with imprisonment of one to ten years, or up to twenty years in particularly dangerous cases. This law has been enforced in practice, with several individuals convicted and sentenced to prison terms.

Despite Austria's efforts to raise Holocaust awareness, a 2019 study found that most Austrian adults were largely ignorant about the Holocaust. More than half of those surveyed did not know that six million Jews were killed, and a quarter believed that one million or fewer Jews were murdered. A significant number of Austrians also indicated that they thought something like the Holocaust could happen again in other European countries.

Holocaust denial in Austria is a criminal offence

Austria's acknowledgement of its role in the Holocaust has been a gradual process. For decades following World War II, the national consensus was that Austria was a victim of an "unwanted Anschluss (annexation) and was Hitler's first victim. This "victim theory" was bolstered by language in the Allied Powers' Joint Four-Nation Declaration from the Moscow Conference of October 1943. However, in recent years, Austrian officials have consistently acknowledged their country's support of Adolf Hitler and his war of annihilation against Jews.

In the early 2000s, the Austrian government dropped the claim that the country was mostly a victim of German Nazism, citing "the special responsibility imposed on Austria by its recent history". Teaching about the Holocaust has become mandatory, with visits to former death camps and teacher training in Israel. The government has also paid nearly $1 billion since 2005 in compensation to Holocaust victims, and since 2012, Holocaust memorial projects have been established at an unprecedented rate.

Despite these efforts, nationalism and far-right populism remain strong in Austrian society. The far-right Freedom Party, founded in 1956 by a former Nazi SS officer, has gained significant support in recent national elections. The party's success has been attributed to fears over Muslim immigration and a perceived need to protect Austria's sovereignty from an increasingly interventionist European Union. Additionally, Austria's failure to purge Nazi supporters from positions of influence and the lack of an organised, judicial denazification effort in the aftermath of World War II have been cited as factors contributing to the persistence of populist and xenophobic ideas.

The rise of the far-right in Austria highlights the complex relationship the country has with its Holocaust legacy. While there is a growing recognition of Austria's role as a perpetrator, a significant portion of the population still views the country as both a victim and perpetrator of the Holocaust. This is evident in the survey findings, which indicate that many Austrians believe that the country was annexed by Nazi Germany with wide support from Austrians, and that Austrians took no action to resist the Nazis.

Overall, while Austria has made progress in assuming responsibility for its role in the Holocaust and has taken steps to address its past through restitution and memorialisation, the continued presence of far-right populism underscores the need for continued efforts to combat Holocaust denial and promote education and awareness.

Austrians' complicated relationship with their country's Holocaust legacy

Austrians have a complicated relationship with their country's Holocaust legacy. While the country has made efforts to acknowledge its role in the Holocaust and provide restitution to victims, it has also struggled with a history of antisemitism and the rise of far-right populism.

During World War II, Austrians enthusiastically supported the annexation of their country by Nazi Germany, and many actively participated in the persecution and terrorisation of Jews. After the war, Austria sought to distance itself from this history, promoting the First Victim narrative, which portrayed the country as an unwilling victim of Nazi aggression rather than an enthusiastic supporter. This narrative was bolstered by the Allied Powers' Joint Four-Nation Declaration from the Moscow Conference of October 1943, which included a declaration on Austria and its annexation by Nazi Germany.

It was not until the 1980s that Austria began to critically examine its role in the Holocaust, sparked in part by the scandal surrounding the Nazi past of Kurt Waldheim, who served as president from 1986 to 1992. In 1991, Chancellor Franz Vranitzky acknowledged the co-responsibility of Austrians for the suffering inflicted on the country's Jewish community. The government also instituted several restitution programs and made legislative changes to provide social welfare benefits to Austrian victims of the Nazis.

Despite these efforts, Austria continues to grapple with the legacy of the Holocaust. A 2019 study found that most Austrian adults were largely ignorant about the Holocaust, with more than half of those surveyed unaware that six million Jews were killed. The study also revealed that many Austrians believe that something like the Holocaust could happen again in other European countries, and there is a perception that the neo-Nazi movement is more prevalent in the United States than in Austria.

Additionally, the far-right Freedom Party, founded by a former Nazi SS officer in 1956, has gained significant support in recent years, with 26% of the vote in the 2017 national elections. The party's platform includes denouncing "forced multiculturalism, globalization and mass immigration," and it has been accused of appealing to racist and Nazi sympathies.

The dissonance between Austria's Holocaust commemoration efforts and the far-right's popularity highlights the complex and contradictory nature of the country's relationship with its past. While there have been efforts to increase Holocaust education and memorialisation, there is also a persistent failure to address antisemitism and the legacy of Nazism in Austrian society.

The Austrian government's efforts to address gaps in post-war restitution and compensation programs

The Austrian government has made several efforts to address gaps in post-war restitution and compensation programs. In 1995, the Austrian government set up several programs to address these deficiencies, including the National Fund for Victims of National Socialism, which provided lump-sum payments and extra benefits to Holocaust survivors in need. The government also made legislative changes to provide social welfare benefits to Austrian victims of the Nazis.

In addition, the Austrian government negotiated and signed agreements with the United States, such as the U.S.-Austrian Agreement on Compensation for Forced and Slave Laborers in October 2000 and the Washington Agreement on the Settlement of Questions Concerning Compensation and Restitution for Victims of National Socialism in January 2001. These agreements obligated Austria to set up restitution and/or compensation funds, address the restoration and maintenance of Jewish cemeteries, provide easy access to archival documents, support and implement Holocaust remembrance projects, and extend social benefits to Holocaust survivors living abroad.

To further address gaps, the Austrian government established a General Settlement Fund in May 2001 to compensate individuals who emigrated from Austria between March 4, 1933, and May 9, 1945, due to political, religious, or other persecution. This fund provided payments for lost property claims and "equity-based" compensation for Aryanized property for survivors and heirs.

The Austrian government also initiated an art restitution program in 1998, covering art in federal government museums and institutions. This program has led to the restitution of more than 32,000 objects, including renowned artworks such as the Rothschild family's art collection.

Furthermore, the Austrian government has provided funding for educational programming and research projects related to Holocaust remembrance. The National Fund of Austria for the Victims of National Socialism has funded exhibitions and projects worth approximately €30.8 million ($34.4 million). The government also regularly funds Holocaust research projects through the "Future Fund," which disburses surplus funds from the compensation fund for Nazi-era forced and enslaved laborers.

The rise of the far-right in Austria

Austria's far-right has a long history, dating back to the Revolutions of 1848 in the Habsburg areas. The country's far-right party, the Freedom Party of Austria (FPÖ), was founded in 1956 as the successor to the Federation of Independents (VdU). The VdU was established by former Nazi functionaries and SS officers in 1949 when former Nazis regained their right to vote. The first leader of the FPÖ was Anton Reinthaller, a former Nazi Minister of Agriculture and SS officer.

Over the years, the FPÖ has been described as far-right, right-wing populist, national-conservative, eurosceptic, and russophile. The party has a history of anti-immigrant, anti-Islam, and xenophobic rhetoric, and has been accused of being involved in right-wing extremism and possessing a neo-Nazi ideology.

The FPÖ gained prominence in the 1980s under the leadership of Jörg Haider, who steered the party towards right-wing populism. This shift resulted in a surge of electoral support, with the party winning 26.9% of the vote in the 1999 election and becoming the second-most popular party in Austria. In 2000, the FPÖ formed a coalition government with the centre-right Austrian People's Party (ÖVP), marking the first time since World War II that a western democratic government had included an explicitly extreme-right party. This led to international outcry and European Union sanctions against Austria.

Despite the FPÖ's controversial nature and connections to Austria's nationalist-socialist past, the party has repeatedly been included in governing coalitions. In the 2017 Austrian legislative election, the FPÖ obtained 26% of the votes and formed a coalition government with the ÖVP. However, this coalition collapsed in May 2019 due to a scandal involving secretly made footage of FPÖ leader Heinz-Christian Strache soliciting funds from a purported Russian national.

In the 2024 Austrian legislative election, the FPÖ's support increased significantly, with the party winning 29.2% of the vote and placing first. This surge in support has raised concerns about the potential for an FPÖ-led government and the normalisation of far-right policies in Austria. The FPÖ has been criticised for its record of racism, anti-Semitism, and xenophobia, and its rejection of fundamental liberal values.

The Austrian government's efforts to educate people about the Holocaust

The Austrian government has made several efforts to educate people about the Holocaust. In 1988, the Historical Commission was established to investigate the plundering of property during the Nazi period, as well as restitution and compensation after 1945.

In 1995, the Austrian government set up a compensation fund called the National Fund for Victims of National Socialism. In 1998, an art restitution law was passed, and the government also initiated an art restitution program. In 2000, the government set up the Reconciliation Fund for Compensation of Nazi-Era Forced and Slave Laborers. In 2001, the government established the General Settlement Fund to restitute publicly owned property formerly owned by individuals or the Austrian Jewish community. The government also set up a Fund for Jewish Cemeteries in 2010.

The Austrian government has also supported the work of institutions like _erinnern.at, the Holocaust Education Institute of the Austrian Federal Ministry of Education, which assists educators in teaching about the Holocaust and the crimes of National Socialism. The government has also funded Holocaust research projects on a regular basis, including via the "Future Fund", which disburses surplus funds from the compensation fund of Nazi-era forced and enslaved laborers to projects commemorating the victims of National Socialism and other totalitarian regimes.

Austria is also an active member of the International Holocaust Remembrance Alliance.

Frequently asked questions