Belfast Court Rules UK's Northern Ireland Law Granting Immunity To British Soldiers Breaches Human Rights

The Legislation in Question

The legislation, officially named the Legacy and Reconciliation Bill, received royal assent in September, raising concerns and opposition from various quarters. The law, criticized for offering immunity without contributing to reconciliation, was intended to address crimes committed during the Troubles, a period from the 1960s to the 1990s that claimed over 3,500 lives.

Court's Findings

Justice Adrian Colton, presiding over the case, declared that two sections of the Legacy Act breach the European Convention on Human Rights, specifically citing violations of the right to life and the right to pursue civil claims. The court emphasized that there is no evidence supporting the idea that the granted immunity would contribute to reconciliation in Northern Ireland.

The ruling has reignited calls from various quarters, including Northern Ireland politicians and advocacy groups, urging the suspension or repeal of the legislation. Victims' families, supported by Amnesty International, have been particularly vocal in their opposition.

Government Response

Despite the legal setback, the Northern Ireland secretary, Chris Heaton-Harris, affirmed the government's commitment to implementing the Legacy Act. He acknowledged the complexity of the case and assured a thorough consideration of the court's findings.

Justice Colton did provide some relief to the government by ruling that the Independent Commission for Reconciliation and Information Recovery (ICRIR), a new body established by the law, could conduct human rights-compliant investigations. However, the commission would be subject to court scrutiny if it falls short of these obligations.

Ongoing Controversy

The Troubles-era Amnesty Law has been a source of ongoing controversy, not only domestically but also drawing criticism from international entities. Last December, the Irish government launched a separate challenge to the legislation at Strasbourg under the European Convention on Human Rights, further escalating tensions between London and Dublin.

Opposition and Public Sentiment

The legislation, viewed by many as an attempt to shield army veterans from prosecution, has faced opposition from victims' families, political parties, and the Council of Europe. Protesters outside the court expressed their demand for truth and justice, emphasizing the right to investigations for legacy families.

Click here to read / Download Order