Relatively Absolute? The Undermining of Article 3 ECHR in Ahmad v UK

The recent decision of the European Court of Human Rights in Ahmad v UK dangerously undermines the well-established case law of the Court on counter-terrorism and non-refoulement towards torture, inhuman and degrading treatment or punishment. Although ostensibly rejecting the ‘relativist’ approach to Article 3 ECHR adopted by the House of Lords in Wellington v Secretary of State for the Home Department, the Court appeared to accept that what is a breach of Article 3 in a domestic context may not be a breach in an extradition or expulsion context. This statement is difficult to reconcile with the jurisprudence constante of the Court in the last fifteen years, according to which Article 3 ECHR is an absolute right in all its applications, including non-refoulement, regardless of who the potential victim of torture, inhuman or degrading treatment is, what she may have done, or where the treatment at issue would occur.

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.

The right of access to a lawyer in terrorist cases

This is a survey of the applicable international human rights standards concerning the right which alleged terrorists have to access a lawyer.

Rejection, Shaming, Enclosure, and Moving On: Variant Experiences and Meaning Among Loyalist Former Prisoners:Variant Experiences and Meaning Among Loyalist Former Prisoners

This article unpacks the variant meanings, perceptions, and experiences of violent enactment and stigmatic shaming among loyalists with regard to rejection, harm, and masking. What we locate is a landscape of variable emotions, experiences, neutralization techniques, dependences, and embedded forms of fatalism as well as resilience. Attending to those alternate positions and well-beings is important in considering the capacity of re-integration and the presently uneven nature of it. In adopting an account-driven format we present and analyze how involvement in violent conflict can, on the one hand, provoke persistence and senses of transitional thinking and on the other engender rejection and related fatalistic attitudes.

Navigating Risk: Understanding the Impact of the Conflict on Children and Young People in Northern Ireland:Special Issue: Northern Ireland: 20 Years After the Cease-Fires

Twenty years on from the 1994 cease-fires, Northern Ireland is a markedly safer place for children and young people to grow up. However, for a significant number, growing up in post-conflict Northern Ireland has brought with it continued risks and high levels of marginalization. Many young people growing up on the sharp edge of the transition have continued to experience troubling levels of poverty, lower educational attainment, poor standards of childhood health, and sustained exposure to risk-laden environments. Reflecting on interdisciplinary research carried out since the start of the “transition” to peace, this article emphasizes the impact that embedded structural inequalities continue to have on the social, physical, mental, and emotional well-being of many children and young people. In shining a light on the enduring legacy of the conflict, this article moves to argue that greater attention needs to be given to the ongoing socioeconomic factors that result in limited lifetime opportunities, marginalization, and sustained poverty for many young people growing up in “peacetime” Northern Ireland.

Right-Wing Violence in Germany: Assessing the Objectives, Personalities and Terror Trail of the National Socialist Underground and the State's Response to It

In the last five years the forces of organised right-wing extremism have made electoral advances across many states in contemporary Europe. Germany has not been immune and the extreme right party, the National Democratic Party of Germany won its first seat in the European Parliament since 1989. The recent successes of the extreme right pose issues for European society about tolerance and immigration policy, but this scene has also been associated with an upsurge in racially motivated political violence and acts of right-wing terrorism. Much of this violence is perpetrated by small neo-Nazi styled groups. This paper looks at the most notorious and recent of such groups to emerge in Germany, the National Socialist Underground. The paper explores the origins and personalities behind this terror cell, provides derails of its criminal activities and murder spree, and questions why it took so long for the authorities to identify the NSU.

Northern Ireland: 20 Years After the Cease-Fires

In the closing months of 1994, the principal paramilitary organizations in Northern Ireland declared that their campaigns of violence were at an end. The cease-fires called by republican and loyalist groupings represented the most significant heralds of a complex process of conflict transformation that continues to unfold even twenty years on. In this introduction, we set out to map the key developments that have shaped the tortuous narrative of the Northern Irish 'peace process', thereby providing the historical backdrop for the articles that follow. While remarkable progress has been made over the two decades since the paramilitary cease-fires, the political context and future of the region remain rather more fraught than is often assumed abroad. It is perhaps best, then, to speak of the six counties in terms not of resolution but rather of ambiguity. Twenty years on from the optimism that greeted the paramilitary cease-fires, Northern Ireland retains the essential 'inbetweenness' of a political space that has moved from a 'long war' through a 'long peace' and into a profoundly undecided future. © 2014 Taylor & Francis Group, LLC.

The Enemy of My Enemy is My Friend... The Dynamics of Self-Defense Forces in Irregular War: The Case of the Sons of Iraq

This article assesses the effect that leveraging civilian defense force militias has on the dynamics of violence in civil war. We argue that the delegation of security and combat roles to local civilians shifts the primary targets of insurgent violence toward civilians, in an attempt to deter future defections, and re-establish control over the local population. This argument is assessed through an analysis of the Sunni Awakening and ancillary Sons of Iraq paramilitary program. The results suggest that at least in the Al-Anbar province of Iraq, the utilization of the civilian population in counterinsurgent roles had significant implications for the targets of insurgent violence.

The Limits of Local Accommodation: Why Contentious Events Remain Prone to Conflict in Northern Ireland

This article examines the difficulties of finding local solutions to the problem of contentious events in contemporary Northern Ireland. In so doing, it offers a sociological perspective on fundamental divisions in Northern Ireland: between classes and between communities. It shows how its chosen case study—parades and associated protests in north Belfast—exemplifies the most fundamental problem that endures in post-Agreement Northern Ireland, namely that political authority is not derived from a common civic culture (as is the norm in Western liberal democracy) but rather that legitimacy is still founded on the basis of the culture of either one or the other community. Haugaard’s reflections on authority and legitimacy are used to explore Northern Ireland’s atypical experience of political conflict vis-`a-vis the Western liberal democratic model. The Bourdieusian concepts of field illusio and doxa help to explain why it is that parading remains such an important political and symbolic touchstone in this society.

Islamist Versus Islamist: Rising Challenge in Gaza

Islam's diversity is a direct result of centuries of schism and factionalism, and presents a challenge to the original spirit of unity as envisaged by its founder, the Prophet Mohammed. Rivalry within Islam undermines the precedent notion of unity through communal belonging (tawhid and ummah). Yet in the twenty-first century this diversity is ignored, and political Islam is represented as being more of a monolith than a spectrum of ideas and aspirations. Generally, the materialization of new Islamist groups is a challenge to those who hold that unity is all. In the Gaza Strip, specifically, the dominant Islamist actor, Hamas, is facing internal challenges from other Islamist elements. These rival Islamists are also influenced by events across their border in post-revolutionary Egypt where a plethora of new Islamist actors are vying for political space and power. This article deals with Hamas's Islamist rivals, and the effects they have had on Hamas's governance of the Gaza Strip, and political and religious legitimacy within it. It will focus on ideological and violent disputes between the Islamist elements in Gaza, and the means by which Hamas and its security elements have tackled newly emerging rivals.

Symmetrical Solutions, Asymmetrical Realities: Beyond the Politics of Paralysis

The historic significance of the Good Friday Agreement and its role in ending organized political violence is acknowledged at the outset. The article then goes on to probe the roots of the political paralysis built into the architecture of the Agreement that are predicated on a misplaced political and cultural symmetry between the “two communities.” It is suggested that the institutionalized relationship between Northern Ireland and the rest of the U.K. facilitates a cross-party, populist, socio-economic consensus among the nationalist and unionist political parties on the welfare state, taxation and maintaining the massive British subvention to the region. This in turn allows them to concentrate on a divisive culturalist politics, i.e., on antagonistic forms of cultural and identity politics over such issues as flags, parades, and the legacy of the “Troubles” which spills over into gridlock into many areas of regional administration. The article argues for a much broader understanding of culture and identity rooted in the different, if overlapping and interdependent, material realities of both communities while challenging the idea of two cultures/identities as fixed, mutually exclusive, non-negotiable and mutually antagonistic. It then focuses on the importance of Belfast as a key arena which will determine the long-term prospects of an alternative and more constructive form of politics, and enable a fuller recognition of the fundamental asymmetries and inter-dependence between the “two communities.” In the long run, this involves re-defining and reconstructing what is meant by the “Union” and a “United Ireland.”

Between Tradition and Modernity: Determining Spatial Systems of Privacy in the Domestic Architecture of Contemporary Iraq

The notion of privacy represents a central criterion for both indoor and outdoor social spaces in most traditional Arab settlements. This paper investigates privacy and everyday life as determinants of the physical properties of the built and urban fabric and will study their impact on traditional settlements and architecture of the home in the contemporary Iraqi city. It illustrates the relationship between socio-cultural aspects of public/private realms using the notion of the social sphere as an investigative tool of the concept of social space in Iraqi houses and local communities (Mahalla). This paper reports that in spite of the impact of other factors in articulating built forms, privacy embodies the primary role under the effects of Islamic rules, principles and culture. The crucial problem is the underestimation of traditional inherited values through opening social spaces to the outside that giving unlimited accesses to the indoor social environment creating many problems with regard to privacy and communal social integration.

Authenticity, Identity and Sustainability in Post-war Iraq: Reshaping the Urban Form of Erbil City

Issues of authenticity and identity are particularly significant in cities where social and cultural change is shaping active transformation of its urban fabric and structure in the post-war condition. In search of sustainable future, Iraqi cities are stretched between the two ends of the spectrum, authentic quarters with its traditional fabric and modern districts with their global sense of living. This paper interrogates the reciprocal influences, distinct qualities and sustainable performance of both authentic and modern quarters of Erbil, the
capital of the Iraqi province of Kurdistan, as factors in shaping sustainable urban forms for Iraqi cities. In doing so, the paper, firstly, seeks to highlight the urban identity as an effective factor in relation to sustainable urban form. Secondly, the city of Erbil in Iraq has been chosen as a field study, due to its regional, social, political and historical role in the region. Thirdly, the study emphasises the dynamic activities and performance of residential projects according to rational sustainable criteria. The research concludes that urban identity and the sense of place in traditional and historical places should inform design strategies in order to achieve a more sustainable urban context.