Considering Just-World Thinking in Counter-Terrorism Cases: Miscarriages of Justice in Northern Ireland

Recent literature has drawn a parallel between the discriminatory application of counterterrorism legislation to the Irish population in the United Kingdom during the Northern Ireland conflict and the targeting of Muslims after September 2001. Less attention has been paid to lessons that can be drawn from judicial decision making in terrorism-related cases stemming from the Northern Ireland conflict. This Article examines Northern Ireland Court of Appeal (“NICA”) jurisprudence on miscarriages of justice in cases regarding counterterrorism offenses. In particular, the Article focuses on cases referred after the 1998 peace agreements in Northern Ireland from the Criminal Cases Review Commission (“CCRC”), a relatively new entity that investigates potential wrongful convictions in England, Wales, and Northern Ireland. Although the NICA’s human rights jurisprudence has developed significantly in recent years, the study of CCRC-referred cases finds that judges have retained confidence in the integrity of the conflict-era counterterrorism system even while acknowledging abuses and procedural irregularities that occurred. This study partially contradicts contentions that judicial deference to the executive recedes in a post-conflict or post-emergency period. Despite a high rate of quashed convictions, the NICA’s decisions suggest that it seeks to limit a large number of referrals and demonstrate a judicial predisposition to defend the justness of the past system’s laws and procedure. This perspective is consistent with what social psychologists have studied as “just-world thinking,” in which objective observers, although motivated by a concern with justice, believe—as a result of cognitive bias—that individuals “got what they deserved.” The Article considers other potential interpretations of the jurisprudence and contends that conservative decision making is particularly dangerous in the politicized realm of counterterrorism and in light of the criminalization of members of suspect communities.

Exhibiting Maritime Histories: Titanic Belfast in the Post-Conflict City

The sinking of the RMS Titanic in 1912 represents one of the most infamous maritime disasters in the history of shipping. Yet despite it entering the public imagination in the decades after its sinking, until recently it has all but been erased from the collective memory of the people of Belfast, the city in which it was built. In a post-conflict context, however, Belfast has begun to re-imagine the role of the ship in the city’s history, most particularly in the re-development of the docklands area and its designation as the Titanic Quarter, and through its landmark project the Titanic Belfast museum. This paper will trace the economic, social and political context from which the Titanic was built, and the role that this played in silencing any very public commemoration of its sinking until after the signing of the Belfast Agreement. The ‘story’ told in the new museum will be analysed from this perspective and will illustrate how the wounds of the Troubles continue to inform the interpretation of the city’s divided past.

Terrorism Laws and Legal Accountability

This chapter explores the extent to which courts can contribute to the countering of terrorism. It suggests that the contribution will depend on the type of actor the courts are attempting to hold to account as well as on the powers that are conferred on courts by national and international legal regimes. It concludes that courts are most legitimate and effective in relation to terrorist suspects and law enforcers, but less so in relation to counter-terrorism operatives and law-makers.

Experimental analysis of air flow profiles in a double skin facade in a maritime climate

Glazed Double Skin Facades (DSF) offer the potential to improve the performance of all-glass building skins, common to commercial office buildings in which full facade glazing has almost become the standard. Single skin glazing results in increased heating and cooling costs over opaque walls, due to lower thermal resistance of glass, and the increased impact of solar gain through it. However, the performance benefit of DSF technology continues to be questioned and its operation poorly understood, particularly the nature of airflow through the cavity. This paper deals specifically with the experimental analysis of the air flow characteristics in an automated double skin façade. The benefit of the DSF as a thermal buffer, and to limit overheating is evaluated through analysis of an extensive set of parameters including air and surface temperatures at each level in the DSF, airflow readings in the cavity and at the inlet and outlet, solar and wind data, and analytically derived pressure differentials. The temperature and air-flow are monitored in the cavity of a DSF using wireless sensors and hot wire anemometers respectively. Automated louvre operation and building set-points are monitored via the BMS. Thermal stratification and air flow variation during changing weather conditions are shown to effect the performance of the DSF considerably and hence the energy performance of the building. The relative pressure effects due to buoyancy and wind are analysed and quantified. This research aims to developed and validate models of DSFs in the maritime climate, using multi-season data from experimental monitoring. This extensive experimental study provides data for training and validation of models.

The Extra-territorial Obligations of European States regarding Human Rights in the Context of Terrorism

This chapter focuses on the growing tendency of international human rights law to require states to protect the rights of non-nationals who are in the state unlawfully and of nationals and non-nationals who are outside the state, especially when any of these people are involved in terrorist or counter-terrorist activity. It reviews these additional obligations within a European context, focusing on EU law and the law of the European Convention on Human Rights and drawing on the case law of UK courts. Part 1 considers when a European state must grant asylum to alleged terrorists on the basis that otherwise they would suffer human rights abuses in the state from which they are fleeing. Part 2 examines whether, outside of asylum claims, a European state must not deport or extradite an alleged terrorist because he or she might suffer an abuse of human rights in the receiving state. Part 3 looks at whether a European state whose security forces are engaged in counter-terrorism activities abroad is obliged to protect the human rights of the individuals serving in those forces and/or the human rights of the alleged terrorists they are confronting. While welcoming the extension of state responsibility, the chapter notes that it is occurring in a way which introduces three aspects of relativity into the protection of human rights. First, European law protects only some human rights extra-territorially. Second, it protects those rights only when there is ‘a real risk’ of their being violated. Third, sometimes it protects those rights only when there is a real risk of their being violated ‘flagrantly’.