The government of Ireland intends to initiate legal proceedings against the United Kingdom by invoking the European Convention on Human Rights (ECHR). This legal challenge stems from the UK’s enactment of the Northern Ireland Troubles Legacy Act, as disclosed by Tánaiste Micheál Martin. Enacted into UK law in September 2023, the statute aims to conclude all prosecutions pertinent to the Troubles by offering immunity to individuals who assist the newly formed Independent Commission for Reconciliation and Information Recovery (ICRIR).

In the UK, the introduction of this law was received positively by military personnel and their relatives, in the backdrop of past legal actions taken against them. However, there is concern that the law might violate the ECHR because the European Court of Human Rights (ECtHR) has determined in the past that amnesties conflict with a country’s duties to investigate deaths that occurred under suspicious circumstances and allegations of torture.

Adherence to the ECHR is a fundamental element of the Good Friday Agreement. Martin emphasized that the decision was made “with extensive contemplation and deliberate judgment.” He stated, “My perspective has always prioritized the interests of the victims. We are not the only ones troubled by the situation.

“Several global figures have also expressed serious doubts about the bill, among them the Council of Europe’s Commissioner for Human Rights and the UN High Commissioner for Human Rights.  Significantly, the legislation is disputed by individuals in Northern Ireland, particularly the victims and their kin, who stand to be the most affected by this law.

Our particular issues revolve around stipulations that permit the bestowing of immunity, thereby blocking current channels to truth and justice in old cases, which encompass inquests, police inquiries, scrutiny by the Police Ombudsman, and legal suits. Even in cases where immunity is not provided, the ‘reviews’ conducted by the proposed agency, the Independent Commission for Reconciliation and Information Recovery, are not a suitable alternative for police investigations that are conducted independently, thoroughly, and with ample involvement of the victim’s relatives.

Taoiseach Leo Varadkar indicated that the attorney general has provided “strong” advice on the subject, pointing out that the UK “violates the UN Convention on Human Rights.” While the legislation was under parliamentary consideration, the UK’s Northern Ireland Office maintained its belief in the law’s conformity with the ECHR due to the immunity being counterbalanced by the investigatory roles of the ICRIR. The UK government contended at that moment that “there is acceptance in some quarters of the concept of amnesties within ECtHR case law, acknowledging that amnesty could propel the aims of reconciliation.”

According to the House of Commons Library, the act would enforce a conditional immunity framework, granting immunity from prosecution for Troubles-related offenses to those who partake by disclosing information to the ICRIR. Subsequent prosecutions could occur only in situations where immunity is withheld, based on a referral from the ICRIR. This affords no immunity to individuals already convicted, or facing current prosecutions.”

Moreover, the act would:

• Halt investigations related to the Troubles that are not undertaken by the ICRIR;
• Foreclose prosecutions concerning incidents from the Troubles devoid of mortality or grave injury;
• Put a stop to civil litigations concerning conduct during the Troubles;
• Discontinue ongoing inquests not already at an advanced stage and prevent the initiation of new ones;
• Begin a scheme dedicated to memorializing the Troubles.

Colum Eastwood, head of the nationalist SDLP party, praised the Irish government’s decision, remarking, “No political cohort or entity on this island is in favor of the British Government’s method of confronting the legacy of our shared past.” The conflict known as the Troubles resulted in over 3,500 fatalities, which included over 1,000 members of the security services.