Northern Ireland Legacy: How to Uphold International Human Rights Law

18th August 2021

The UK government’s new plans for ‘dealing with the past’ in Northern Ireland must comply with International Human Rights Law. RSI remain concerned that the proposed amnesty fails to do so in multiple key ways.

The main obligation is to effectively investigate potentially unlawful killings and other serious human rights abuses. RSI believes that the planned amnesty is unlawful for three reasons:

The European Convention on Human Rights and other sources prohibit amnesties for unlawful killings and other serious human rights abuses.
The UK’s consistent delay in holding effective investigations cannot now be used as a justification to escape its obligations.
The use of ‘national security’ exceptions to withhold credible evidence of state collusion into alleged killings would avoid accountability.

RSI further believes that six key principles should be upheld by any ‘Legacy’ mechanism:

Accountability — and not impunity — for human rights violations.
Consideration of the views and interests of the victims and their families.
Appropriate funding.
Sufficient engagement by the government and other public bodies.
‘Whole of government’ support for its functioning.
Power to order full disclosure of facts and evidence.

For further information, please see the attached briefings.