The Report of the Patrick Finucane Review


Book Description

Patrick Finucane, a practising lawyer who frequently acted for prominent members of the IRA, was murdered in his home in North Belfast by the loyalist paramilitary group, the Ulster Defence Association (UDA) on the evening of 12 February 1989. Earlier reports by Lord Stevens (http://news.bbc.co.uk/1/shared/spl/hi/northern_ireland/03/stephens_inquiry/pdf/stephens_inquiry.pdf ) and Judge Cory (HCP 470, 2003-04, ISBN 9780102927412) came to clear conclusions that there was collusion but there has still been only limited information in the public domain. Sir Desmond de Silva was tasked with producing a full public account of any involvement by the Army, the Royal Ulster Constabulary, the Security Service (MI5) or other UK government body in the murder. Overall, de Silva was left in significant doubt as to whether Patrick Finucane would have been murdered by the UDA had it not been for the different strands of involvement by elements of the State. Furthermore there was a series of positive actions by employees of the State that actively furthered and facilitated his murder and that, in the aftermath there was a relentless attempt to defeat the ends of justice. However, each of the facets of the collusion that were manifest - the passage of information from members of the security forces to the UDA, the failure to act on threat intelligence, the participation of State agents in the murder and the subsequent failure to investigate and arrest key members of the West Belfast UDA - can each be explained by wider thematic issues which have been examined as part of the Review




Four Shots in the Night


Book Description

Four Shots in the Night is the story of a political murder: the killing of an IRA member turned British informant. The search for justice for this one man's death—his body found in broad daylight, with tape over his eyes, an undisguised hit—would deliver more than the truth. It exposed his status as an informant and led to protests, campaigns, far-reaching changes to British law, a historic ruling from a senior judicial body, a ground-breaking police investigation, and bitter condemnation from a US Congressional commission. And there have been persistent rumors that one of the country’s most senior politicians, the Sinn Fein leader Martin McGuinness, might have been personally involved in this particular murder. Relying on archival research, interviews, and the findings of a new complete police investigation, Four Shots in the Night tells a riveting story not just of this murder but of his role in the decades-long conflict that defined him--the Troubles. And the questions it tackles are even larger: how did the Troubles really come to an end? Was it a feat of diplomatic negotiation, as we've been told--or did spies play the decisive role? And how far can, or should, a spy go, for the good of his country? Four Shots in the Night is a page-turner that will make you think.




The Use of Force and Article 2 of the ECHR in Light of European Conflicts


Book Description

Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and outdated. Due to significant development at a legislative and judicial level, the right to life spans beyond what is enumerated within Article 2. With the belief that Article 2 is still relevant, this book investigates how the right to life can be better protected within Europe. It advocates for the modernisation of Article 2 through codifying legislative and judicial developments relevant to this provision in the form of guidelines. It also considers the improvements that can be made by the Council of Europe (CoE) bodies – the European Court of Human Rights (ECtHR), the Committee of Ministers (CoM), the Parliamentary Assembly of the Council of Europe (PACE) and the CoE Commissioner for Human Rights – to encourage adherence to Article 2 and promote effective remedies to prevent future violations. It uses the experience from four internal European conflicts – the Basque conflict, the Chechen conflict, the Northern Ireland Troubles and the Turkish-Kurdish conflict – to illustrate its points.




Terrorist Informers in Northern Ireland


Book Description

By using informers to provide intelligence on terrorism, the security and intelligence agencies who handle them gain knowledge of their offences. Charges may then be brought against them, provided evidence supports this course of action. But if imprisoned, an informer no longer has access to the time-sensitive, potentially life-saving intelligence they once had. There is therefore a tension between continuing to use an informer to provide intelligence on terrorism and upholding the law. This tension is at the heart of this book. Terrorist Informers in Northern Ireland analyses prominent terrorist informers such as Agent Stakeknife, and lesser-known examples, who collectively were active throughout Northern Ireland from the 1970s to the present. It looks at both those involved with republican groups and with loyalist groups, and also those working for the police, the armed forces, and MI5. Valuable pieces of the puzzle are unearthed in sources such as court judgments, official reports, and in interviews conducted by the author. The book also analyses the way successive governments, the police, the armed forces, and MI5 have addressed the regulation of terrorist informers' involvement in criminality, as well as allegations of 'collusion' between informers on one hand and the security and intelligence agencies on the other. Accordingly, the book also assesses the varied retrospective investigations into the use of terrorist informers, and therefore the competing needs for secrecy and transparency. As Samantha Newbery's research here shows, although there is a tension between intelligence and the law, this can be successfully navigated.




To Serve the Enemy


Book Description

A constant yet oftentimes concealed practice in war has been the use of informers and collaborators by parties to an armed conflict. Despite the prevalence of such activity, and the serious and at times fatal consequences that befall those who collaborate with an enemy, international law applicable in times of armed conflict does not squarely address the phenomenon. The recruitment, use and treatment of informers and other collaborators is addressed only partially and at times indirectly by international humanitarian law. In this book, Shane Darcy examines the development and application of the relevant rules and principles of the laws of armed conflict in relation to collaboration. With a primary focus on international humanitarian law as may be applicable to various forms of collaboration, the book also offers an assessment of the relevance of international human rights law.




Counter-terrorism, Constitutionalism and Miscarriages of Justice


Book Description

The purpose of this book is to honour the influential and wide-ranging work of Professor Clive Walker. It explores Professor Walker's influence from three perspectives. Firstly, it provides a historical reflection upon the development of the law and policy in relation to counter-terrorism and miscarriages of justice since the 1970s. This historical perspective, which is often overlooked, is particularly timely 17 years after 9/11 as trends become clearer and historical perspective even more valuable. So too with miscarriages of justice: while there was considerable public and political scrutiny following high-profile miscarriages such as the Birmingham Six, Guildford Four, and others, in the early 1990s, today there is much less scrutiny, despite significant concern relating to issues such as legal aid and access to justice increasing the potential (if not likelihood) for miscarriages to occur. By including a critical historical perspective, this book enables us to learn lessons from the past and to minimise contemporary risks of miscarriages of justice. Secondly, this book provides a critical analysis of the law and policy as it stands today, and its future trajectory. Applying Walker's theoretical and analytical contributions to the field, the authors focus on pressing contemporary concerns, identifying lacunae where relevant, as well as the possible, probable and preferable future trends. Finally, the book celebrates and recognises the significant contributions by Walker, with each chapter built around one or more of Walker's key works.




Representations of Policing in Northern Irish Theatre


Book Description

This monograph provides the first sustained, chronological account of Northern Irish police officers’ representation in theatre. Importantly, its scope comprises a critical period of national and organisational development, beginning with the Partition of Ireland in 1921 and the founding of the Royal Ulster Constabulary (RUC) one year later in 1922. It progresses through the relevant theatrical and historical events of the century, through the period after the RUC’s dissolution and replacement with the Police Service of Northern Ireland (PSNI) in 2001, and concludes in 2021 to coincide with the centenary of Partition. As such, this project is distinctive in its ability to trace paradigm shifts in perceptions of the police over time, as they intersect with relevant historical events and milestones of political conflict in the province.




The Routledge Handbook of the Northern Ireland Conflict and Peace


Book Description

The Routledge Handbook of the Northern Ireland Conflict and Peace is the first multi-authored volume to specifically address the many facets of the 30-year Northern Ireland conflict, colloquially known as the Troubles, and its subsequent peace process. This volume is rooted in opening space to address controversial subjects, answer key questions, and move beyond reductive analysis that reproduces a simplistic two community theses. The temporal span of individual chapters can reach back to the formation of the state of Northern Ireland, with many starting in the late 1960s, to include a range of individuals, collectives, organisations, understandings, and events, at least up to the Good Friday/Belfast Agreement in 1998. This volume has forefronted creative approaches in understanding conflict and allows for analysis and reflection on conflict and peace to continue through to the present day. With an extensive introduction, preface, and 45 individual chapters, this volume represents an ambitious, expansive, interdisciplinary engagement with the North of Ireland through society, conflict, and peace from a wide range of disciplinary perspectives, theoretical frameworks, and methodological approaches. While allowing for rich historical explorations of high-level politics rooted in state documents and archives, this volume also allows for the intermingling of different sources that highlight the role of personal papers, memory, space, materials, and experience in understanding the complexities of both Northern Ireland as a people, place, and political entity.




A State in Denial:


Book Description

This meticulously researched book uses previously secret official documents to explore the tangled web of relationships between the top echelons of the British establishment, incl Cabinet ministers, senior civil servants, police/military officers and intelligence services with loyalist paramilitaries of the UDA & UVF throughout the 1970s and early 1980s. Covert British Army units, mass sectarian screening, propaganda 'dirty tricks,' arming sectarian killers and a point-blank refusal over the worst two decades of the conflict, to outlaw the largest loyalist killer gang in Northern Ireland. It shows how tactics such as curfew and internment were imposed on the nationalist population in Northern Ireland and how London misled the European Commission over internment's one-sided nature. It focuses particularly on the British Government's refusal to proscribe the UDA for two decades – probably the most serious abdication of the rule of law in the entire conflict. Previously classified documents show a clear pattern of official denial, at the highest levels of government, of the extent and impact of the loyalist assassination campaign.




UDR: Declassified


Book Description

In UDR: Declassified, Micheál Smith reveals what the British establishment, the British government and its armed forces knew and had to say about the regiment in recently declassified files. From its formation in 1970 as a locally raised militia, the Ulster Defence Regiment developed into the largest regiment in the British Army. For unionists, service in the UDR was a noble act and often a family tradition; for nationalists, an encounter with the UDR was frequently hostile, often brutal, and sometimes fatal. To the British Army, they were ‘a dangerous species of ally’, and a classic militia regiment which was part of a long tradition of the use of such forces by the British Empire. It was viewed as ‘a safety valve’ for the tempers of loyalist extremism, and it also served as the main source of training, weaponry, and intelligence files for loyalists throughout the conflict. UDR: Declassified is an evidence-based exposé of the UDR through the declassified files of Number 10, the MoD, and the NIO. The denial of access to history is a part of a continuum of British state efforts to obscure its colonial past. This book is a testimony to the value of defying such efforts and uncovering the truths behind our traumatic past.




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