‘Doing’ Criminal Justice in Northern Ireland: ‘Policy Transfer’ , Transitional Justice and Governing Through the Past

2015 ◽  
Keyword(s):  
Criminal Justice ◽  
Northern Ireland ◽  
Transitional Justice ◽  
Policy Transfer ◽  
The Past

Criminal Justice Reform in a Transitional Context: Restorative Youth Conferencing in Northern Ireland

2012 ◽  
Vol 12 (3) ◽  
pp. 549-572 ◽  
Author(s):  
David O’Mahony
Keyword(s):  
Civil Society ◽  
Criminal Justice ◽  
Northern Ireland ◽  
Restorative Justice ◽  
Transitional Justice ◽  
Justice System ◽  
Peace Building ◽  
Youth Justice ◽  
Criminal Justice Reform ◽  
Transitional Environment

This article examines the incorporation of restorative principles and practices within reforms of Northern Ireland’s youth justice system, adopted following the peace process. It considers whether restorative justice principles can be successfully incorporated into criminal justice reform as part of a process of transitional justice. The article argues that restorative justice principles, when brought within criminal justice, can contribute to the broader process of transitional justice and peace building, particularly in societies where the police and criminal justice system have been entwined in the conflict. In these contexts restorative justice within criminal justice can help civil society to take a stake in the administration and delivery of criminal justice, it can help break down hostility and animosity towards criminal justice and contribute to the development of social justice and civic agency, so enabling civil society to move forward in a transitional environment.

Transition, ‘Never Again’ and ‘Moving On’

2018 ◽  
Author(s):  
Kevin Hearty
Keyword(s):  
Human Rights ◽  
Northern Ireland ◽  
Transitional Justice ◽  
Human Rights Violations ◽  
Master Narrative ◽  
The Past ◽  
The North ◽  
Irish Republicanism ◽  
Difficult Issue ◽  
Subsequent Replacement

Viewing Irish republican policing memory primarily through a transitional justice lens, this chapter critically examines how Irish republicans, as a principal party to the conflict, approach the difficult issue of ‘dealing with the past’ as both collective victims and perpetrators of human rights violations during the conflict. It will interrogate the range of divergent views within modern Irish republicanism on issues such as victimhood, truth recovery, ‘moving on’ and ‘dealing with the past’. In particular, it looks at how the memory of human rights violations framed the wider policing debate and led to a master narrative of ‘never again’ whereby the value of ‘remembering’ past abuses lay in helping to prevent future repetition. This is placed against a more general backdrop of the stop-start ‘dealing with the past’ process in the North of Ireland that has included the establishment, operation and subsequent replacement of the Historical Enquiries Team (HET), the passage of the Civil Service (Special Advisers) Act (Northern Ireland), and proposals like the Haass/O’Sullivan document and the Stormont House Agreement.

‘We have long memories in this area’: Ulster Defence Regiment place-memory along the Irish border

2020 ◽  
pp. 175069802092145
Author(s):  
Joseph S Robinson
Keyword(s):  
Northern Ireland ◽  
Political Violence ◽  
Transitional Justice ◽  
Political Change ◽  
Large Body ◽  
Political Space ◽  
The Past ◽  
Place Memory ◽  
Post Conflict ◽  
Time Away

A large body of literature assumes post-conflict societies can and should mediate public memory towards frames conducive to a reconciled future. However, this article argues that such a drive marginalises survivors of political violence who narrate the past as still-present wounds. The linear temporality of transitional justice presumes an idealised trajectory through time, away from violence and towards reconciliation. However, this idealised temporality renders anachronistic survivors who depend on the prolongation of traumatic pasts for the possibility of political change. Using the case of former Ulster Defence Regiment in Northern Ireland, this article examines this prolongation through the lens of Ulster Defence Regiment survivors’ resistant place-memory along the Southwest run of the Irish border. Through the performative retemporalisation of everyday places and landscapes, survivors demand that their resistant memories and narrative frames of past violence still belong and still have active political resonance in transitional political space.

scholarly journals Burying the Past

2003 ◽  
Vol 20 (1) ◽  
pp. 128-130
Author(s):  
John Boye Ejobowah
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Criminal Justice ◽  
Northern Ireland ◽  
International Institutions ◽  
Civil Conflict ◽  
Truth Commissions ◽  
Human Rights Violations ◽  
The Past

How should societies that have transitioned from authoritarian to democraticrule deal with the atrocities and gross human rights violations of theirimmediate past? Should those implicated in the crimes of past regimes beprosecuted? This sophisticated volume attempts to address such questions.About one-third of the book is comprised of well-reasoned theoreticalchapters that answer the above questions by creating a space in liberal justicefor forgiveness. The remainder consists of empirical contributions thatdescribe the ways in which international institutions and five countries(Chile, Guatemala, South Africa, Rwanda, and Northern Ireland) haveresponded to such crimes. Unlike the theoretical section, most contributionshere argue that while memory and forgiveness (the truth commissions) areimportant, they are not enough to meet the victims’ psychological needsand do not guarantee non-repetition. The introduction rightly acknowledgesthat some of the chapters argue in different directions.Doing justice in the aftermath of civil conflict is a thorny problem. In liberalism,criminal justice always has been straightforward: the courts, themouthpiece of objective law, have to mediate and impose punishment if theperpetrator is proven guilty. Punishment must consist of penalties that annulthe advantages seized by the criminal, compensate the victim in the case of ...

Individuals Accused of International Crimes as Delegitimized Agents of Truth

2018 ◽  
Vol 28 (4) ◽  
pp. 291-316 ◽  
Author(s):  
Mina Rauschenbach
Keyword(s):  
Criminal Justice ◽  
Transitional Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
International Criminal Justice ◽  
Criminal Trials ◽  
International Crimes ◽  
The Past ◽  
Concept Of Truth ◽  
International Criminal Trials

The workings of international criminal trials situate themselves in an era where the concept of truth is heralded as a key aspect in the production of understandings of the past within transitional justice (TJ) settings. Yet, in such contexts where representations of the past are multilayered, trials tend to put to the fore certain narratives as legitimate readings, while excluding many others. This article explores the discourses of 18 individuals accused by the International Criminal Tribunal for the Former Yugoslavia (ICTY). It focuses on their role as generally delegitimized agents of truth and analyzes how they reconstruct their justice experience, focusing particularly on how they make sense of the judicial truths stemming from their case. It reveals how they reconstruct the ICTY as a hegemonic arena which produces judicial truths, which cannot be considered as legitimate and complete accounts of the past and which are at odds with their authoritative perspective of the “truth.” These findings are analyzed against the backdrop of increasing scholarly debates about the legitimacy, which can be attributed to perpetrators’ perspectives given the tendency, within TJ discourses and practices, to position international criminal justice as a universal and authoritative arbitrator of morality in conflict.

scholarly journals Justice, truth and oral history: legislating the past ‘from below’ in Northern Ireland

2018 ◽  
Vol 67 (1) ◽  
pp. 67-90
Author(s):  
Kieran McEvoy ◽  
Anna Bryson
Keyword(s):  
Northern Ireland ◽  
Oral History ◽  
Transitional Justice ◽  
Human Rights Abuses ◽  
Grass Roots ◽  
The Past ◽  
Post Conflict ◽  
Political Background ◽  
To Come ◽  
Technical Capacity

Drawing on the ‘from below’ perspective which has emerged in transitional justice scholarship and practice over the past two decades, this article critically examines the dealing with the past debate in Northern Ireland. The paper begins by offering an outline of the from below perspective in the context of post-conflict or post-authoritarian societies which are struggling to come to terms with past violence and human rights abuses. Having provided some of the legal and political background to the most recent efforts to deal with the past in Northern Ireland, it then critically examines the relevant past-related provisions of the Stormont House Agreement, namely the institutions which are designed to facilitate ‘justice’, truth recovery and the establishment of an Oral History Archive. Drawing from the political science and social movement literature on lobbying and the ways in which interests groups may seek to influence policy, the paper then explores the efforts of the authors and others to contribute to the broader public debate, including through drafting and circulating a ‘Model Bill’ on dealing with the past (reproduced elsewhere in this issue) as a counterweight to the legislation which is required from the British government to implement the Stormont House Agreement. The authors argue that the combination of technical capacity, grass-roots credibility and ‘international-savvy’ local solutions offers a framework for praxis from below in other contexts where activists are struggling to extend ownership of transitional justice beyond political elites.

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