By Dr Aoife Duffy, Senior Lecturer, Essex Law School 

During the 30-year Northern Ireland conflict, which ended with the 1998 Belfast/Good Friday Agreement, human rights violations were committed by a range of parties, including UK state forces. It has long been suspected that impunity protected this latter category of conflict actors, and that lack of accountability for serious harms, such as torture and killings, demonstrated the state’s disregard for its international human rights obligations and relevant domestic standards. 

For the first time, an independent expert body has established that state impunity in the Northern Ireland conflict was indeed widespread, as well as being systemic and systematic. 

Independent examination 

Convened by the Norwegian Center for Human Rights, the Independent Panel on State Impunity and the Northern Ireland Conflict was  established at the request of two Northern Ireland human rights organisations, the Committee for the Administration of Justice and the Pat Finucane Centre. Against the backdrop of the absence of effective official mechanisms for accountability and truth in relation to the Northern Ireland conflict, the Panel was made up of set out to provide an authoritative record of the extent to which there is evidence of patterns of impunity by the UK Government in relation to human rights violations. The panel was made up of independent international experts, including Essex Law School’s Dr Aoife Duffy. Last month, the report published its finding as a report titled Bitter Legacy: State Impunity in the Northern Ireland Conflict. 

Impunity 

Impunity is the de facto or de jure impossibility of holding perpetrators accountable for their actions. This means that those responsible for human rights violations are not subject to any inquiries that could lead to their prosecution and sentencing, nor are they compelled to make reparations to their victims. 

Combatting impunity is a well-established obligation under human rights law. States are required to ensure truth, justice, reparations, and non-recurrence of abuses.  

Good Friday Agreement and its shortcomings 

The 1998 Good Friday Agreement, while a monumental step towards peace, did not establish a comprehensive transitional justice mechanism to address past human rights violations. Over the years, the UK has faced criticism for failing to fulfil its obligations under Article 2 of the European Convention on Human Rights, which mandates effective investigations into killings. The criticism extends to other areas where the UK has failed to meet its obligations towards victims. 

Persistent impunity and limited progress 

Since the Good Friday Agreement, there has been a notable “impunity gap” in Northern Ireland, as highlighted by the UN Special Rapporteur on the promotion of truth, justice, reparation, and guarantees of non-recurrence. Despite isolated efforts through ad-hoc inquiries, inquests, civil actions, and the efforts of civil society groups, much about the human rights abuses during the conflict remains unknown or unacknowledged. This piecemeal approach has led to limited progress towards overall accountability and truth. 

Legacy Act 

The recently enacted Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 has been widely criticised. Many believe it is designed to limit efforts to achieve truth and justice. The Act has faced opposition from numerous quarters, including international bodies like the Council of Europe and the UN Special Rapporteur, while securing rare consensus among Northern Ireland’s political parties. The Irish Government, political parties in the Republic of Ireland, and opposition parties at Westminster have also voiced strong opposition. 

Findings of the Report 

Over 200 pages, the report sheds light on the deep-seated issue of state impunity in Northern Ireland and the urgent need for effective mechanisms to address past human rights violations. The Panel based its research on a wide variety of sources, conducting seven site visits to Northern Ireland to gather primary evidence. Panel members met with victims, survivors, family members, legal representatives, NGOs working on relevant issues, and other experts. In addition, the Panel met with representatives of both the British and Irish governments, and several high level individuals involved in legacy work. The Panel also had access to declassified state papers, legal judgments, Police Ombudsman reports, coroner’s inquests, Historical Enquiries Team, and public inquiry reports. 

The three areas where security force actions were scrutinised were: direct state killings, torture and ill-treatment, and deaths involving collusion. The Panel concluded that the UK government failed to fulfil its international human rights duties as it “did not conduct fair and effective investigations” and “failed the relatives’ rights to truth, justice and reparation”.  

As political debates and litigation surrounding the 2023 Legacy Act continue, the quest for truth and justice remains a critical and unresolved issue for many victims and their families. The hope is that through persistent advocacy and international pressure, meaningful progress can be achieved in combating impunity and ensuring a just and comprehensive resolution to the legacy of the Northern Ireland conflict. Ultimately, the Panel recommended that the UK government repeal the 2023 Legacy Act in its entirety and establish human rights compliant mechanisms that build on earlier commitments negotiated with the Irish government and the major political parties of Northern Ireland in the 2014 Stormont House Agreement.