Amnesties in Transition: Punishment, Restoration, and the Governance of Mercy

Despite the much vaunted triumph of human rights, amnesties continue to be a frequently used technique of post-conflict transitional justice. For many critics, they are synonymous with unaccountability and injustice. This article argues that despite the rhetoric, there is no universal duty to prosecute under international law and that issues of selectivity and proportionality present serious challenges to the retributive rationale for punishment in international justice. It contends that many of the assumptions concerning the deterrent effect in the field are also oversold and poorly theorized. It also suggests that appropriately designed restorative amnesties can be both lawful and effective as routes to truth recovery, reconciliation, and a range of other peacemaking goals. Rather than mere instruments of impunity, amnesties should instead be seen as important institutions in the governance of mercy, the reassertion of state sovereignty and, if properly constituted, the return of law to a previously lawless domain.

Recording Memories from Political Violence: a Filmmaker's Journey

Based on the work the author has carried out with survivors groups in Northern Ireland and South Africa, this book describes and analyses the use of documentary filmmaking in recording experiences of political conflict. A variety of issues relevant to the genre are addressed at length, including the importance of ethics in the collaboration between the filmmaker and the participant and the effect of location on the accounts of participants.

Further Information:
This monograph reflects on and analyses the work of the author/director over the past decade. His documentary films have been produced in the context of how to address storytelling in post conflict societies by drawing on the disciplines of oral history, ethnography, memory studies and documentary film. All the documentary films under discussion have been produced collaboratively with NGOs, including the Victims and Survivors Trust and WAVE Trauma Centre (both Belfast) and the Human Rights Media Centre, Cape Town. Investigating the influence of location in memory stimulation and the role of collaboration on authorship during trauma recovery, the author offers insights into the process of collaboratively production, which attends to both ethical and aesthetic considerations. While most emphasis is placed on the research, production and post-production phases, thought is also given to the reception of these films and the impact they have on the participants, wider communities, and on policy decisions.

'Sometimes I wish I was an "ex" ex-prisoner': identity processes in the collective action participation of former prisoners in Northern Ireland

Since the signing of the Northern Ireland peace agreement a plethora of community based prisoner self-help organisations have been established wherein former prisoners staff, manage and deliver services to colleagues. By forging and maintaining their collective identities through community based mutual aid, members of these self-help organisations have progressed to create not only individual change/assistance but have also developed and evolved to tackle serious wider social issues which impact on the members of their organisations. This article critically analyses how the conditions of a post conflict society can influence both the development and evolution of these organisations and also how members situate their claims about the self in the organisation and beyond. Using the social movement framework it is argued that the work of these self-help organisations have given rise to a new politics of identity … that is the ‘politically motivated’ ex-prisoner. ©2013 Taylor & Francis

Making space for tourists with minority languages::the case of Belfast’s Gaeltacht Quarter

This article examines the role of tourism as a motive and mechanism for change in contemporary cities, considering how the theming of space with tourists in mind necessarily involves other kinds of spatial and social transformation, and asking what role actual and hypothetical tourists play in local contests over space and representation. Looking closely at Belfast’s Gaeltacht Quarter provides an insight into how global fashions in place marketing, tourism and minority language promotion intersect with the particularities of areas to which they are applied. This paper argues that the superficially value-neutral, internationally recognisable language of economic
development can be used both as a means of transcending, and a means of
strategically negotiating, intense struggles over space, identity and status.

Relaunching Titanic: Memory and Marketing in the New Belfast

Relaunching Titanic critically considers the invocation of Titanic heritage in Belfast in contributing to a new ‘post-conflict’ understanding of the city. The authors address how the memory of Titanic is being and should be represented in the place of its origin, from where it was launched into the collective consciousness and unconscious of western civilization.

Relaunching Titanic examines the issues in the context of international debates on the tension between place marketing of cities and other alternative portrayals of memory and meaning in places. Key questions include the extent to which the goals of economic development are congruous with the ‘contemplative city’ and especially the need for mature and creative reflection in the ‘post-conflict’ city, whether development interests have taken precedence over the need for a deeper appreciation of a more nuanced Titanic legacy in the city of Belfast, and what Belfast shares with other places in considering the sacred and profane in memory construction.

While Relaunching Titanic focuses on the conflicted history of Belfast and the Titanic, it will have lessons for planners and scholars of city branding, tourism, and urban re-imaging.

Recomposing the City: A Survey of Recent Sound Art in Belfast

This article introduces examples of recent sound art in Belfast, a city that has undergone radical transformation over the past decade and is home to a burgeoning community of sound artists. The text investigates the ways in which sonic art can redraw boundaries in a city historically marked by myriad political, socioeconomic,
religious and sectarian divisions. The article focuses on sound works that reimagine a “post-conflict” Belfast. These include site-specific sound installations in urban and public spaces, soundwalks, sculptures, locative and online works, and experimental
sonic performances that draw upon traditional Irish song and music.

Victims and Transitional Justice: Voice, Agency and Blame

This article explores the construction of victimhood in transitional societies. Drawn from fieldwork in a dozen jurisdictions as well as elements of criminological, feminist, sociological, philosophical and postcolonial literature, the article focuses in particular on how victimhood is interpreted and acted upon in transitional contexts. It explores the ways in which victims’ voice and agency are realised, impeded or in some cases co-opted in transitional justice. It also examines the role of blame in the construction of victimhood. In particular, it focuses upon the ways in which the importance of blame may render victimhood contingent upon ‘blamelessness’, encourage hierarchies between deserving and undeserving victims and require the reification of blameworthy perpetrators. The article concludes by suggesting that the increased voice and agency associated with the deployment of rights discourses by victims comes at a price – a willingness to acknowledge the rights and humanity of the ‘other’ and to be subject to the same respectful critical inquiry as other social and political actors in a post-conflict society.

Release:A Theatre of Witness Documentary

‘RELEASE’ a documentary by Declan Keeney

Everyone has a past; but should they be defined by it? The legacy of the conflict in Northern Ireland weighs heavily on many of those who experienced it. The pain and loss is as relevant today as it was 30 years ago. The act of remembering itself can be a difficult and dangerous journey. The documentary film 'Release' shot and directed by Declan Keeney explores the life stories of six remarkable men, told in their own words and in their own way through an original Theatre of Witness production of the same name that toured Northern Ireland and the Border Counties in 2012. The film explores themes of forgiveness, remembering and the pain of living with our ever-present past.
With great courage and conviction, a former RUC detective, a former Prison Governor, a former British soldier, two ex-prisoners and a community activist who survived a car bomb as a child come together across the sectarian divide to create a group of men working for peace. Their journey is at times heart breaking, extraordinary, breathtakingly brave but ultimately transformational. It is a story of survival, but most importantly it is their story and in their own words.

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.

De-linkage Processes and Grassroots Movements in Transitional Justice

Transitional justice literature has highlighted a negative relationship between enforced disappearances and reconciliation in post-conflict settings. Little attention has been paid to how human rights issues can become stepping-stones to reconciliation. The article explains the transformation of the Cypriot Committee on Missing Persons (CMP) from an inoperative body into a successful humanitarian forum, paving the way for the pro-rapprochement bi-communal grassroots mobilization of the relatives of the missing. By juxtaposing the experience of Cyprus with other societies confronting similar problems, the article shows how the issue of the missing can become a driving force for reconciliation. The findings indicate that a policy delinking humanitarian exhumations from the prospect of a wider political settlement facilitates positive transformation in protracted human rights problems and opens up a window of opportunity to grassroots actors.

Delaying Truth Recovery for Missing Persons

The fate of missing persons is a central issue in post-conflict societies facing truth recovery and human rights dilemmas. Despite widespread public sympathy towards relatives, societies emerging from conflict often defer the recovery of missing for decades. More paradoxically, in post-1974 Cyprus, the official authorities delayed unilateral exhumations of victims buried within cemeteries in their own jurisdiction. Analysis of official post-1974 discourse reveals a Greek-Cypriot consensus to emphasise the issue as one of Turkish aggression, thus downplaying in-group responsibilities and the legacy of intra-communal violence. We compare the experience of Cyprus with other post-conflict societies such as Spain, Northern Ireland, and Mozambique and explore the linkages between institutions and beliefs about transitional justice. We argue that elite consensus initiates and facilitates the transition to democracy but often leads to the institutionalization of groups opposing truth recovery even for in-group members.

We Were There:Experiences of women in the Maze and Long Kesh Prison

A feature documentary on the experiences of women in the Maze and Long Kesh Prison

Victimisation and Attitudes Towards Former Political Prisoners in Northern Ireland

The release of ex-combatants and the mechanisms for their re-integration within society has become an increasingly controversial issue in peace settlements. Yet to date, the view of victims concerning such arrangements in post-conflict societies remains unexplored. Mindful of this omission and using Northern Ireland as a case study, this article investigates the relationship between victimisation and attitudes towards the treatment of former political prisoners. Based on the 2011 Northern Ireland Social and Political Attitudes Survey, the results suggest that individual victims—those who directly and/or indirectly experienced violent incidents—are notably less supportive of a punitive approach towards the treatment of former political prisoners than non-victims. Moreover, this is particularly the case when victims from within the Catholic community are considered. The Northern Ireland evidence suggests that victims can act as a positive and inclusive force in terms of the rehabilitation and re-integration of former combatants in societies emerging from conflict.

Victimhood and Attitudes towards Dealing with the Legacy of the Past: Northern Ireland as a Case Study

Research Highlights and Abstract: Using Northern Ireland as a case study, this article provides the first nationally representative and systematic study of victims' views on how to deal with the past; Focusing specifically on Northern Ireland, it both investigates and provides a comprehensive account of the marked divisions between the various religious groupings-Protestants, Catholics and the non-affiliated-in terms of a range of truth recovery mechanisms to deal with legacy of its violent past; It empirically investigates and validates two key predictors-perceptions of victimhood and general attitudes towards the past-in determining the source of these divisions It outlines the implications of our findings for other societies emerging from conflict. Truth recovery mechanisms have become a cornerstone of peacebuilding efforts in societies emerging from conflict. Yet, to date, the view of victims in post-conflict societies concerning such arrangements remains highly anecdotal and often second-hand in nature. Mindful of this omission and using Northern Ireland as a case study, this article investigates the views of victims towards a range of mechanisms to deal with the legacy of Northern Ireland's violent past. Based on the 2011 Northern Ireland Social and Political Attitudes Survey, the results suggest some marked divisions in relation to this issue, with victims within the Catholic community being significantly more supportive of such initiatives than either Protestants or those with no religion. Moreover, while perceptions of victimhood emerge as the key predictor of attitudes among Protestants and the non-affiliated, general opinions on how to deal with the past are the key determinant of views among members of the Catholic community

Architecture from the dogs …

In this chapter Morrow talks of her return to Northern Ireland to 2003 and how her involvement in establishing a new school of architecture and a recent suite of interdisciplinary masters has led her to consider the relationship between the post-conflict context, architectural practice and its education. She examines the consequences of not facing the effects of conflict; the impact on societal and architectural creativity; and the potential for live project pedagogy to evolve effective models of socio-spatial rehearsals. She concludes with some strategies for schools of architecture that wish to feed and be fed by their context. This is a personalized commentary that teeters somewhere between deep-seated frustration with a blind-folded profession and sustained belief in architectural education’s potential to offer more than built solutions.