JUDGING WITHOUT CONSENSUS: The Diplock Courts in Northern Ireland

This article examines nonjury trials for political/terrorist offenses in Northern Ireland. It traces the origins of the current troubles; the breakdown of the jury system; the work of the royal commission, chaired by Lord Justice Diplock; and the establishment of courts, known as Diplock Courts, in which a single judge tries cases using modified rules of evidence and lowered standards for the admission of confessions. Finally, the article evaluates the work of the Diplock Courts, and suggests their wider relevance to future policy-making. In doing so, it touches upon a fundamental role of governing through courts—the maintenance of the ability to govern, particularly in a society that has neither political nor judicial consensus.     

Discourses of Political Policing in Post-patten Northern Ireland

This article critically examines discourses of political policing in contemporary Northern Ireland (NI). Recognising the post-conflict and post-reform climate that policing now occurs within, it argues that these environmental factors have conditioned discourses of policing that are directly tied to how legitimate political opposition to the political status quo in post-Good Friday Agreement (GFA) NI is policed. The article asserts that political policing discourses have taken a new trajectory that departs from traditional ethno-nationalist interpretations of the issue to instead reflect a broader structuralist interpretation of state-police power relations. It concludes with the argument that political policing discourses have evolved to reflect common class-based disillusionment with the post-GFA state across the political divide that sees the matter rooted in police protection of a system of devolved governance that has failed to tackle structural exclusion and socio-economic deprivation.     

A reponse to paramilitary policing in Northern Ireland

This essay arises from the experiences of a practitioner who has, until recently, managed a project offering services to those under threat from paramilitary organisations. This essay is divided into two sections. The first section offers an overview of the ideologies and practices of Loyalist and Republican paramilitaries regarding informal justice. The second section examines the problems of intervention with those under threat and the insights offered by an analysis of the project’s casework. NIACRO     

The Origin of the Troubles in Northern Ireland: An Historical Background

It is not possible in a short paper to deal with the nuances and complexities of the Irish situation. I can only hope to provide pointers and some basic facts. Even facts and pointers have to be placed in perspective. The perspective is necessarily that of the author.     

Fraud,extortion and racketeering: The black economy in Northern Ireland

One of the central reasons for the longevity of the terrorist conflict in Northern Ireland is that the main terrorist groups generate support from their ethnic constituencies through their powers of patronage in the informal economy. The terrorist groups have evolved into formalised structures which have been able to amass a sizable amount of dirty money which has been used in part to create an informal welfare network. The paper explains the inadequacies of some accounts of the terrorist groups, examines the links between those groups and the informal economy, and examines the government's recent attempts to combat racketeering. Racketeering will not be eliminated by police action alone.     

The Frontiers of Legal Analysis: Reframing the Transition in Northern Ireland

British constitutional legal discourse is structurally limited in its capacity to capture the complexity of the Good Friday Agreement. Rather than assessing the Agreement in narrow devolutionary terms, it should be seen as a hybrid domestic and international law instrument, making an important contribution to accepted international law norms in relation to self-determination. The Agreement transforms and partly transcends the Northern Ireland conflict by substituting political contestation for violent conflict, and by defining the modalities of conducting that contestation. This analysis complements classical international law perspectives, and opens up the application of legal discourses associated with 'transitional justice' to the legal and political transformation in Northern Ireland. These discourses focus on the problem of reconciling the demands of peace with the imperatives of justice. The Agreement sits squarely in this terrain with its provisions on 'dealing with the past' and 'institutional legacies'. The insights gained here challenge orthodox thinking about conflict-management and the ongoing political process.     

School exclusions: Lessons from Northern Ireland

In Northern Ireland there are many fewer permanent exclusion from school than in England and Wales. It has been suggested that this may be linked to differences in the statutory schemes which regulate exclusion. This article compares the legal framework for school exclusions in Northern Ireland and England and Wales; provides a comparative analysis of the statistical data in relation to school exclusions; assesses whether the differences in the legal framework may have an impact on the propensity to permanently exclude; and considers whether there are any other non-legal factors which may explain lower rates of school exclusions. The overall objective is to see whether the legal differences which exist have a meaningful effect on the overall rate of school exclusion and to extrapolate best practice. In particular, the analysis focuses on experience of the statutory pre-expulsion consultation procedure in Northern Ireland, which has no equivalent in England and Wales.     

Towards a Northern Ireland Bill of Rights

The political settlement resulting from the Belfast Agreement recognisedthe fundamental importance of the issue of rights to a stable peace inNorthern Ireland. Indeed, the agreement provided for a Human RightsCommission, one of whose tasks is the drafting of a Bill of Rights thatwill reflect the political reality of the province. This paper arguesthat the proposed document will have to reflect an understanding ofrights and their protection resulting from the particular history ofNorthern Ireland. This specific understanding of rights appeared firstin the Anglo-Irish Agreement and has been gradually developed andconsolidated in the political agreements since. The planned NorthernIreland Bill of Rights will have to reflect this rights thinking. Thearticle also chronicles the recent work of the Northern Ireland HumanRights Commission in drafting the Bill of Rights to be presented to theSecretary of State for Northern Ireland in February 2002. Thereciprocal, if belated, moves in the Republic to set up its own humanrights commission will also be addressed as part of the process to drawup a Charter of Rights for the whole people of Ireland.     

Ethno-National Narratives of Human Rights: The Northern Ireland Policing Board

Policing in Northern Ireland has undergone one of the world's most extensive human rights reform programmes. The challenge has been whether the human rights paradigm can serve as a mutual basis for the region's sparring ethno-national communities to deliberate over long-contested issues of policing, accountability and justice. This article focuses on the Northern Ireland Policing Board as an arena to examine the contemporary political attitudes and agendas that animate the Board's statutory duty to monitor policing on the basis of human rights. Marshalling qualitative data and drawing on legal anthropology, this article offers an account of the ‘social life’ of human rights and policing in the context of Northern Ireland's imperfect peace. It argues that, irrespective of legal standards, human rights oversight harbours deep sentiments and concerns, at the heart of which are communities’ own historical engagements with rights, competing legacies of the conflict and divergent understandings of contemporary policing.     

Violence against women and political conflict: The Northern Ireland experience

This essay outlines the implications for abused women and children living in a society dominated by a high level of social disruption and examines the various responses to domestic violence when it occurs in the midst of political violence. Attention is focused on whether or not there are any special problems encountered in such a situation and whether these have particular implications for women elsewhere. Using Northern Ireland as one example, the essay explores the social conditions impacting at the familial, community, and state level and assesses the extent to which these provide a pervasive and interactive system for legitimizing domestic violence.     

Human rights and the peace process in Northern Ireland

The notion that the abuse of human rights leads to conflict has been recognised by commentators and international legal instruments. Human rights activists in Northern Ireland have long argued that the failure on the part of the government to comply with its international obligations to protect rights has exacerbated the conflict. This essay is predicated on the thesis that, as issues of justice and the abuse of rights were central to the genesis of the conflict, they must also be the seminal strands in the search for peace. By way of an audit measured against the proposals of human rights activists and the recommendations of international institutions charged with assessing UK compliance with human rights treaties, the essay examines the changes in the human rights situation in Northern Ireland since the declarations of the ceasefires. The discussion draws on the experience of other jurisdictions to support its central thesis. Finally, the reasons for the UK reluctance to adopt a more rights-centred approach to peace negotiations are outlined, and the practical benefits which would result from such an approach is considered. Committee on the Administration of Justice The views expressed here are those of the author and do not necessarily reflect those of CAJ.     

Fatalities associated with home-made pipe bombs in Northern Ireland

Pipe bombs are crudely constructed improvized explosive devices which are easily made at home. They are increasingly used by terrorists and others, and may inflict serious injuries and cause death. Four fatalities have occurred in association with their use in Northern Ireland between 1998 and 2002. In 2 cases, death was due to penetrating shrapnel injuries to the chest causing laceration of the great vessels, and a third fatality occurred due to a bomb fragment penetrating the cranial cavity. A pipe bomb exploded close to the back of the head of a fourth victim and this was associated with a severe brain injury. The pathologist was able to determine the position of the victim in relation to the explosion by interpreting the pattern of injuries. It seems likely that 2 of the victims had been involved in the construction, transport, or use of the devices. A third victim was entirely innocent and had been in the process of removing a pipe bomb, which had been thrown through the window of her home, when it exploded. The fourth victim was a member of the security forces who had been struck by a bomb fragment, in the region of the right eye, during a period of sectarian unrest.