Post Conflict Justice in Post Conflict Societies: An Exploration on the perceptions and limitations of justice in Northern Ireland

Lead Research Organisation: CARDIFF UNIVERSITY
Department Name: Cardiff School of Law and Politics

Abstract

The primary aim of my research is to investigate transitional justice in post-conflict societies. Transitional justice has traditionally been associated with transition from authoritarian and undemocratic states to democracy. Northern Ireland showcases that human rights violations can occur in highly developed democracies, committed to the rule of law alongside a plethora of protections designed to detect and protect victims of such violations within an ostensible democracy. I believe that this context presents a valuable and pertinent case study to assess the different perceptions of justice that exist in a post conflict society and whether a legal mechanism could deliver the kind of justice that the Northern Irish public desire.
The British Government finds itself at a critical juncture in relation to Northern Ireland. An amnesty proposed by Whitehall to 'draw a line' under the Troubles has emerged to settle a legacy of conflict that continues to impact the political and social atmosphere. This amnesty could have the potential to shut down primary possible avenues to truth and justice for those affected by crimes committed during the Troubles, including those by the British Military. The notion of accountability that is amplified in transitional justice often appears limited to demands for the prosecution and imprisonment of those who have been involved in serious human rights violations. The British Government deems that a departure from the retributive justice which can be delivered through court action, towards restorative justice is what is necessary to address Northern Ireland's past, encouraging society to look towards reconciliation. However, the proposals have prompted unanimous condemnation from Northern Irish political parties to those directly affected by the conflict. Questions have been raised concerning whether an amnesty is an effective tool to achieve a lasting peace and justice? How should justice be defined in relation to legacy cases? What alternative legal mechanisms are capable with dealing with complexity of historic crimes in a post conflict society? These questions are what I wish to base my research on.
I want to explore the role of amnesty in undermining socially constructed understandings of justice and longevity of the peace process in Northern Ireland. I will investigate whether a broader perspective of justice speaks directly to the capacity for amnesties to play a more constructive role in post-conflict justice and peace-making. Whitehall's proposed amnesty has been introduced 23 years after the signing of the Good Friday Agreement. The time critical element of the study is what makes it so compelling, as more information is released about the proposed Amnesty, the question remains if the absence of any form of justice will help or hinder the reconciliation process and progress towards a sustainable peace.

Publications

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Studentship Projects

Project Reference Relationship Related To Start End Student Name
ES/P00069X/1 01/10/2017 30/09/2027
2742666 Studentship ES/P00069X/1 26/09/2022 30/09/2026 Emma-Rose McKeown