In Efforts to Promote Peace in Northern Ireland, the United Kingdom Risks Violating Vital Human Rights
While it has been over two decades since the 1998 Good Friday Agreement brought a tentative end to the period of sectarian violence known as the Troubles, the process of bringing justice across Northern Ireland’s sectarian divide is far from over. In order to restore a sense of trust, accountability, and peace, Northern Ireland’s Judiciary has conducted investigations, Coroner’s inquests, and litigation throughout its so-called “Legacy” initiative.[1]
In a thorough effort to hold those responsible for decades of murders, extrajudicial violence, and paramilitary activity accountable, the Northern Irish Judiciary has conducted extensive investigations into the turbulent era’s most egregious episodes.[2] These cases have frequently resulted in carceral penalties, which have been seen as vital towards restoring a sense of trust and accountability in the justice system as impacted families struggle to heal, even decades later.[3]
A new bill currently making its way through U.K. parliament, however, would offer amnesty to those accused of committing such crimes in exchange for new information that may bring light to the murkiest periods of sectarian violence.[4] Supporters of the bill attest that this is an essential step in putting the nation’s troubled past behind them, and moving further towards a harmonious future.[5] Among other provisions, the bill would primarily establish a new investigatory body independent of the judicial system, where those who would previously have faced a criminal investigation would be offered amnesty in return for new information.[6] Instead of punitive consequences, the proposed reforms aims to establish an alternate route to reach community-oriented reconciliation, accountability, and justice.[7]
The proposed bill has drawn outrage from critics across the continent.[8] The Council of Europe’s Commissioner of Human Rights argued that it would infringe on several rights guaranteed in the European Convention on Human Rights (“ECHR”) while simultaneously restricting victims’ access to justice.[9] The bill, which effectively makes it impossible to potentially punish those responsible for hundreds of unsolved murders and assaults, violates ECHR Articles 2 and 3: the right to life and the prohibition of torture.[10] As the UK has codified the ECHR into domestic law, they have a positive obligation to conduct investigations into potential breaches of these rights. Since the proposed bill limits the police and judiciary’s ability to conduct investigations and issue punishments for those who violate these rights, it is probably not compliant with the United Kingdom’s obligations under the ECHR.[11]
Members of British Parliament’s joint committee on human rights point to other ECHR articles that the proposed bill may violate.[12] Not only does the proposed bill restrict local law enforcement’s ability to hold violent offenders accountable, but it only aims to pursue instances of death and serious injury.[13] As a result, thousands of victims of smaller-scale violence will have no route to justice, which these MPs allege is a violation of Articles 6 and 13: Right of Access to a Court and Right to an Effective Remedy.[14]
Although Northern Ireland resolved to put an official end to the Troubles over twenty years ago, the peace process has often stumbled over diverging strategies to provide impacted communities with access to restorative justice. It remains to be seen whether the proposed Legacy Bill will help the country heal or reignite dormant sectarian tensions.
Matthew Berkowitz is a staff member of Fordham International Law Journal Volume XLVI.
[1] See The Hon. Mr. Justice Huddleston, Legacy Inquests: Case Management Protocol, Judiciary of N. Ir. (Jan. 2021), https://www.judiciaryni.uk/sites/judiciary/files/media-files/Legacy%20Inquests%20-%20Case%20Management%20Protocol_0.pdf.
[2] Id.
[3] Id.
[4] See Northern Ireland Troubles (Legacy and Reconciliation) Bill 2022, HL Bill 37 (as brought from the Commons) (U.K.), https://bills.parliament.uk/bills/3160.
[5] Id.
[6] Id.
[7] Id.
[8] See The Council of Europe Commissioner for Human Rights, Rule 9 Submission by the Council of Europe Commissioner for Human Rights, Council of Eur. (Aug. 16, 2022), https://rm.coe.int/submission-by-the-council-of-europe-commissioner-for-human-rights-unde/1680a7b336.
[9] Id.
[10] Id.
[11] Id.
[12] See Lisa O’Carroll, Troubles ‘Legacy’ Bill Risks Breaching Human Rights Law, UK Warned, The Guardian: N. Ir. (Oct. 26, 2022, 4:38 AM), https://www.theguardian.com/uk-news/2022/oct/26/troubles-legacy-bill-northern-ireland-risks-breaching-human-rights-law-uk-warned.
[13] Id.
[14] Id.
This is a student blog post and in no way represents the views of the Fordham International Law Journal.