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Patrick Finucane, a practising lawyer who frequently acted for prominent members of the IRA, was murdered in his home in North Belfast by the loyalist paramilitary group, the Ulster Defence Association (UDA) on the evening of 12 February 1989. Earlier reports by Lord Stevens (http://news.bbc.co.uk/1/shared/spl/hi/northern_ireland/03/stephens_inquiry/pdf/stephens_inquiry.pdf ) and Judge Cory (HCP 470, 2003-04, ISBN 9780102927412) came to clear conclusions that there was collusion but there has still been only limited information in the public domain. Sir Desmond de Silva was tasked with producing a full public account of any involvement by the Army, the Royal Ulster Constabulary, the Security Service (MI5) or other UK government body in the murder. Overall, de Silva was left in significant doubt as to whether Patrick Finucane would have been murdered by the UDA had it not been for the different strands of involvement by elements of the State. Furthermore there was a series of positive actions by employees of the State that actively furthered and facilitated his murder and that, in the aftermath there was a relentless attempt to defeat the ends of justice. However, each of the facets of the collusion that were manifest - the passage of information from members of the security forces to the UDA, the failure to act on threat intelligence, the participation of State agents in the murder and the subsequent failure to investigate and arrest key members of the West Belfast UDA - can each be explained by wider thematic issues which have been examined as part of the Review
As politicians, public bodies and non-Governmental organisations continue to profess an interest in making peace with the past, this highly original study explores the motivation, significance and legacy of ‘making public’ experiences of state violence in Northern Ireland. Based on a synthesis of documentary material with the findings from a series of contemporary interviews, this timely book uncovers the reasoning behind many Republican former detainees’ accounts of state violence and torture. It examines the aims of those who ‘went public’ during the conflict and discusses the meaning they attached to their stories and the various responses to them. It also identifies some of the risks involved in criticising the violence of the British State and illuminates the ways in which ‘truths’ are often contested in Northern Ireland - both during the conflict and in the years which have followed. A unique piece of interdisciplinary work, the study disentangles and evaluates the discourses presented by former detainees and makes an innovative and interesting contribution to knowledge about transitional justice and legacies of state violence. The book is suitable for social science scholars interested in human rights, state violence, criminology and transitional justice, as well as those seeking to understand more about experiences of imprisonment and the legacy of the Northern Ireland conflict.
A constant yet oftentimes concealed practice in war has been the use of informers and collaborators by parties to an armed conflict. Despite the prevalence of such activity, and the serious and at times fatal consequences that befall those who collaborate with an enemy, international law applicable in times of armed conflict does not squarely address the phenomenon. The recruitment, use and treatment of informers and other collaborators is addressed only partially and at times indirectly by international humanitarian law. In this book, Shane Darcy examines the development and application of the relevant rules and principles of the laws of armed conflict in relation to collaboration. With a primary focus on international humanitarian law as may be applicable to various forms of collaboration, the book also offers an assessment of the relevance of international human rights law.
The Routledge Handbook of Irish Criminology is the first edited collection of its kind to bring together the work of leading Irish criminologists in a single volume. While Irish criminology can be characterised as a nascent but dynamic discipline, it has much to offer the Irish and international reader due to the unique historical, cultural, political, social and economic arrangements that exist on the island of Ireland. The Handbook consists of 30 chapters, which offer original, comprehensive and critical reviews of theory, research, policy and practice in a wide range of subject areas. The chapters are divided into four thematic sections: Understanding crime examines specific offence types, including homicide, gangland crime and white-collar crime, and the theoretical perspectives used to explain them. Responding to crime explores criminal justice responses to crime, including crime prevention, restorative justice, approaches to policing and trial as well as post-conviction issues such as imprisonment, community sanctions and rehabilitation. Contexts of crime investigates the social, political and cultural contexts of the policymaking process, including media representations, politics, the role of the victim and the impact of gender. Emerging ideas focuses on innovative ideas that prompt a reconsideration of received wisdom on particular topics, including sexual violence and ethnicity. Charting the key contours of the criminological enterprise on the island of Ireland and placing the Irish material in the context of the wider European and international literature, this book is essential reading for those involved in the study of Irish criminology and international and comparative criminal justice.
Four Shots in the Night is the story of a political murder: the killing of an IRA member turned British informant. The search for justice for this one man's death—his body found in broad daylight, with tape over his eyes, an undisguised hit—would deliver more than the truth. It exposed his status as an informant and led to protests, campaigns, far-reaching changes to British law, a historic ruling from a senior judicial body, a ground-breaking police investigation, and bitter condemnation from a US Congressional commission. And there have been persistent rumors that one of the country’s most senior politicians, the Sinn Fein leader Martin McGuinness, might have been personally involved in this particular murder. Relying on archival research, interviews, and the findings of a new complete police investigation, Four Shots in the Night tells a riveting story not just of this murder but of his role in the decades-long conflict that defined him--the Troubles. And the questions it tackles are even larger: how did the Troubles really come to an end? Was it a feat of diplomatic negotiation, as we've been told--or did spies play the decisive role? And how far can, or should, a spy go, for the good of his country? Four Shots in the Night is a page-turner that will make you think.
Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and outdated. Due to significant development at a legislative and judicial level, the right to life spans beyond what is enumerated within Article 2. With the belief that Article 2 is still relevant, this book investigates how the right to life can be better protected within Europe. It advocates for the modernisation of Article 2 through codifying legislative and judicial developments relevant to this provision in the form of guidelines. It also considers the improvements that can be made by the Council of Europe (CoE) bodies – the European Court of Human Rights (ECtHR), the Committee of Ministers (CoM), the Parliamentary Assembly of the Council of Europe (PACE) and the CoE Commissioner for Human Rights – to encourage adherence to Article 2 and promote effective remedies to prevent future violations. It uses the experience from four internal European conflicts – the Basque conflict, the Chechen conflict, the Northern Ireland Troubles and the Turkish-Kurdish conflict – to illustrate its points.
The purpose of this book is to honour the influential and wide-ranging work of Professor Clive Walker. It explores Professor Walker's influence from three perspectives. Firstly, it provides a historical reflection upon the development of the law and policy in relation to counter-terrorism and miscarriages of justice since the 1970s. This historical perspective, which is often overlooked, is particularly timely 17 years after 9/11 as trends become clearer and historical perspective even more valuable. So too with miscarriages of justice: while there was considerable public and political scrutiny following high-profile miscarriages such as the Birmingham Six, Guildford Four, and others, in the early 1990s, today there is much less scrutiny, despite significant concern relating to issues such as legal aid and access to justice increasing the potential (if not likelihood) for miscarriages to occur. By including a critical historical perspective, this book enables us to learn lessons from the past and to minimise contemporary risks of miscarriages of justice. Secondly, this book provides a critical analysis of the law and policy as it stands today, and its future trajectory. Applying Walker's theoretical and analytical contributions to the field, the authors focus on pressing contemporary concerns, identifying lacunae where relevant, as well as the possible, probable and preferable future trends. Finally, the book celebrates and recognises the significant contributions by Walker, with each chapter built around one or more of Walker's key works.
This monograph provides the first sustained, chronological account of Northern Irish police officers’ representation in theatre. Importantly, its scope comprises a critical period of national and organisational development, beginning with the Partition of Ireland in 1921 and the founding of the Royal Ulster Constabulary (RUC) one year later in 1922. It progresses through the relevant theatrical and historical events of the century, through the period after the RUC’s dissolution and replacement with the Police Service of Northern Ireland (PSNI) in 2001, and concludes in 2021 to coincide with the centenary of Partition. As such, this project is distinctive in its ability to trace paradigm shifts in perceptions of the police over time, as they intersect with relevant historical events and milestones of political conflict in the province.
The Routledge Handbook of the Northern Ireland Conflict and Peace is the first multi-authored volume to specifically address the many facets of the 30-year Northern Ireland conflict, colloquially known as the Troubles, and its subsequent peace process. This volume is rooted in opening space to address controversial subjects, answer key questions, and move beyond reductive analysis that reproduces a simplistic two community theses. The temporal span of individual chapters can reach back to the formation of the state of Northern Ireland, with many starting in the late 1960s, to include a range of individuals, collectives, organisations, understandings, and events, at least up to the Good Friday/Belfast Agreement in 1998. This volume has forefronted creative approaches in understanding conflict and allows for analysis and reflection on conflict and peace to continue through to the present day. With an extensive introduction, preface, and 45 individual chapters, this volume represents an ambitious, expansive, interdisciplinary engagement with the North of Ireland through society, conflict, and peace from a wide range of disciplinary perspectives, theoretical frameworks, and methodological approaches. While allowing for rich historical explorations of high-level politics rooted in state documents and archives, this volume also allows for the intermingling of different sources that highlight the role of personal papers, memory, space, materials, and experience in understanding the complexities of both Northern Ireland as a people, place, and political entity.