Irving v. Lipstadt


Holocaust Denial on Trial, Trial Judgment: Electronic Edition, by Charles Gray

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The oral and written statements made by Irving which are relied on by the Defendants for their contention that he is a Holocaust denier and the evidence relied on by the Defendants for their assertion that Irving's denials are false.

8.15 In order to evaluate the arguments which I have summarised above in relation to the issue whether Irving is correctly described as a Holocaust denier, it is necessary that I set out those extracts which the Defendants have selected. But it is necessary also to consider whether and, if so, to what extent what Irving has said and written is consistent with or borne out by the available historical evidence. For, as the Defendants accept, there can be no valid criticism of Irving for denying that a particular event occurred unless it is shown that a competent and conscientious historian would appreciate that   such a denial is to a greater or lesser extent contrary to the available historical evidence.
8.16 The categories of publications and statements which, according to the Defendants, establish Irving as a Holocaust denier are those relating to:
  • (i) the existence of gas chambers at Auschwitz or elsewhere;
  • (ii) the existence of a systematic programme or policy of extermination of Jews;
  • (iii) the number of Jews killed and
  • (iv) the assertion that the gas chambers were a propaganda lie invented by the British