Paradoxes and challenges of transitional justice at the ‘local’ level: historical enquiries in Northern Ireland

Lundy, Patricia

doi:10.1080/17450144.2010.534495

Cited by 35 publications

(14 citation statements)

References 32 publications

(27 reference statements)

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“…Northern Ireland has been described as ‘a useful laboratory’ for offering lessons to states dealing with terrorism and civil disorder. The ‘micro‐truths’ glimpsed in the NICA judgments provide a sobering reminder of a bleak period of recent history. As well as being instrumental in dealing with the past in Northern Ireland, these cases may also be instructive to other jurisdictions still in conflict or entering a transitional phase.…”

Section: Resultsmentioning

confidence: 99%

Don't Mention the War: TheCourt ofAppeal, theCriminalCasesReviewCommission and Dealing with the Past inNorthernIreland

Quirk¹

2013

Modern Law Review

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Despite the vast transitional justice scholarship relating to prisoner release, amnesties and prosecutions when conflicts end, there is a significant gap in practice and academic literature regarding wrongful convictions. Uniquely amongst post‐conflict societies, Northern Ireland has a body for investigating miscarriages of justice, albeit one designed for ‘ordinary’ appeals. In the absence of a formal truth‐recovery process, criminal appeals are becoming a proxy for addressing the role of the state during ‘The Troubles,’ as well as remedying individual injustices. This article examines the approach of the Northern Ireland Court of Appeal during the conflict. It charts the developments in its decision‐making following the cease‐fires and the establishment of the Criminal Cases Review Commission. It concludes that the current system is unsatisfactory as it ignores the effects of the conflict on the appeal process and offers no insights into the role of the Court during the conflict. Alternative models are suggested.

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Section: Resultsmentioning

confidence: 99%

Don't Mention the War: TheCourt ofAppeal, theCriminalCasesReviewCommission and Dealing with the Past inNorthernIreland

Quirk¹

2013

Modern Law Review

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“…In terms of victims, a Commission has been established but debate continues as to how best to progress this and other aspects of the legacy of the conflict (Duffy 2010). Therefore, distinct from other transitional societies, no truth commission or any other comprehensive mechanism for addressing the past has been established (Lundy 2011). Instead what has emerged is a programme of decentralised transitional justice involving extensive community-based reconciliation programmes with a more piecemeal approach from governmental actors (Bell 2003b;McEvoy 2012).…”

Section: Northern Ireland: Conflict and Transitionmentioning

confidence: 98%

Conflict, transition and education for ‘political generosity’: learning from the experience of ex-combatants in Northern Ireland

Emerson

2012

Journal of Peace Education

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“…Established in 2000, the Duchas Oral History Archive is based in another nationalist/republican area, Falls Road, and contains 100 audio interviews and photography of republican and loyalist individuals who were affected by the Troubles. 6 To access the report, see http://cain.ulst.ac.uk/issues/violence/victims.htm 7 For an analysis of the HET's purpose, its effectiveness as a 'truth' recovery mechanism and the heated debates it has generated, see Lundy (2009Lundy ( , 2011. 8 As will be seen later, this selected sample is based on projects in which I had direct engagement with producers and/or with participants through public events, as well as from cross-examination of the published studies generated by the projects themselves.…”

Section: Collaborative Storytelling In Northern Irelandmentioning

confidence: 99%

More Than “Collaborative Rubber Stamps”: Cross-Community Storytelling in Transitional Northern Ireland

Aguiar¹

2017

IAFOR J Media Commun Film

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Storytelling is one of the most cited means of dealing with the legacy of the past in transitional societies. Since the mid-1990s, with the peace process, Northern Ireland has witnessed a proliferation of official and unofficial initiatives dealing with the Troubles . Below the radar of official initiatives, there have been a number of grassroots projects challenging official narratives and recovering silenced accounts of the past. These range across photography, oral history, exhibition, theatre and film.In this paper, I examine some of these initiatives and show how alternative media has played a key role in cross-community development and conflict transformation in Northern Ireland, despite the political sensitivities. As the conflict had several protagonists, the boundaries between victims and perpetrators have remained blurred and, consequently, stories about the past remain debatable. Interestingly, this has also brought opportunities for projects to develop collaborative storytelling frameworks.Based on field notes and cross-examination of published studies about the projects, the findings show that by offering shared ownership and authorship these frameworks enable all parties to invest in and benefit from the projects and offer a supportive space for people to engage in discussions about the past. However, these projects are not immune to the paradoxical potential of storytelling to heal trauma and open old wounds -there is no guarantee that people will not re-traumatise or that stories will always be well received. Nevertheless, the findings demonstrate that when people have the opportunity to tell their stories through a collaborative process, the gap between media representations and people's plural lived experiences is more likely to be addressed.

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Paradoxes and challenges of transitional justice at the ‘local’ level: historical enquiries in Northern Ireland

Cited by 35 publications

References 32 publications

Don't Mention the War: TheCourt ofAppeal, theCriminalCasesReviewCommission and Dealing with the Past inNorthernIreland

Don't Mention the War: TheCourt ofAppeal, theCriminalCasesReviewCommission and Dealing with the Past inNorthernIreland

Conflict, transition and education for ‘political generosity’: learning from the experience of ex-combatants in Northern Ireland

More Than “Collaborative Rubber Stamps”: Cross-Community Storytelling in Transitional Northern Ireland

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