Bloody Sunday And The Rule Of Law In Northern Ireland

Drawing on original research into explosive evidence which had been concealed for twenty-five years, this book offers a devastating critique of the official Widgery Inquiry into the massacre of innocent and unarmed civilians by British soldiers on Bloody Sunday. It exposes the Inquiry as a gross denial of justice and the rule of law. Expert analysis of the subordination of law to security policy in Northern Ireland reveals that the Bloody Sunday experience is an integral part of a sustained pattern. Belated prospects for a restoration of justice and the rule of law are found in the Good Friday Peace Agreement and the unprecedented establishment of a second Tribunal of Inquiry into Bloody Sunday.

In this wide-ranging study of the politics of memory in Northern Ireland, Brian Conway examines the 'career' of the commemoration of Bloody Sunday, and looks at how and why the way this historic event is remembered has undergone change over time. Drawing on original empirical data, he provides new insights into the debate on collective memory.

Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.

The responses of governments and international institutions to terrorism raise some of the most controversial issues of the twenty-first century. In particular, attempts to balance the desire to achieve security with the safeguarding of human rights and other aspects of the rule of law have proved to be highly contentious. This book is unique, not only in terms of its multinational, multidisciplinary nature, but also due to its truly comprehensive approach. It reviews, and examines, the interrelationship between the four principal elements of the international rule of law framework (international human rights, humanitarian, criminal, and refugee/asylum law) within in which counter-terrorism responses should occur. It focuses primarily on some of the most pressing, emerging, and/or under-researched issues and tensions. These include policy choices associated with meeting security imperatives; the tensions between the criminal justice, or preventive, approach to counter-terrorism and the military approach; the identification of lacunae within existing legal frameworks; and tensions between executive, judicial, and legislative responses. These matters are examined at the national, regional, and international levels. The book addresses a wide spectrum of issues, including analysis of key legal principles; emergency and executive measures; radicalization; governmental and institutional impunity; classification, administration and treatment of battlefield detainees; the use of lethal force ; forms of, and treatment in, detention;non-refoulement; diplomatic assurances; interrogation versus torture; extraordinary rendition; discrimination; justice and reparations for victims of terrorist attacks and security responses; (mis)use of military courts, commissions, and immigration tribunals; judicial and institutional developed and emerging rule of law norms on terrorism; non-judicial oversight by means of democratic accountability; and the identification and analysis of best practices, including inter-regional judicial and other forms of cooperation, and developed practices for the handling and use of sensitive information. Drawing together an impressive spectrum of legal and non-legal, national and institutional, practitioner, policy, and academic expertise, this book is an essential and comprehensive reference work on counter-terrorism policy, practice, and law-making.

What are the means available to poetry to address crisis and how can both poets and critics meet the conflicts and challenges they face? This collection of essays addresses poetic and critical responses to the various crises encountered by contemporary writers and our society, from the Holocaust to the ecological crisis.

The question of how to move beyond contentious pasts exercises societies across the globe. Focusing on Northern Ireland, this book examines how historical injustices continue to haunt contemporary lives, and how institutional and juridical approaches to 'dealing' with the past often give way to a silencing consensus or re-marginalising victims.

The British government has taken steps to halt the prosecution of soldiers responsible for the deaths of civilians in Northern Ireland, most of whom had no connection to paramilitary activities. These killings were part of a ruthless dirty war that commenced in 1970 when Brigadier Frank Kitson, a counter-insurgency specialist, was sent to Northern Ireland. Kitson had spent decades in Britain's colonies refining old, and developing new, techniques which he applied in Northern Ireland. He became the architect of a clandestine war, waged against Nationalists while ignoring Loyalist atrocities. Kitson and his colleagues were responsible for: •The establishment of the clandestine Military Reaction Force (MRF) which carried out assassinations on the streets of Belfast of suspected IRA members; •They unleashed the most violent elements of the Parachute Regiment [1 Para] to terrorise Nationalist communities which, they adjudged, were providing support for the Official and Provisional IRA; •Spreading black propaganda designed to undermine Republican but not Loyalist paramilitary groups; •Deployed psychological warfare techniques, involving the torture of internees; •Sent Kitson's 'Private Army' – Support Company of 1 Para - to Derry where they perpetrated the Bloody Sunday massacre. The British Widgery and Saville inquiries did not hold Kitson and his elite troops accountable for Bloody Sunday. Kitson's Irish War lays bare the evidence they discounted: Kitson's role in the events leading up to and surrounding that massacre; evidence from a deserter from 1 Para who joined the IRA; a deceitful MI5 agent; a courageous whistle blower whom the British state tried to discredit, and much more, all of which points to a motive for the attack on the Bogside. This book unlocks the some of the key secrets of the Dirty War that the British government is still determined to cover-up.