What Did the Lawyers Do During the 'War' ? Neutrality, Conflcit and the Culture of Quietism

Using Northern Ireland as a case study, this paper explores how lawyers responded to the challenges of entrenched discrimination, sustained political violence and an emerging peace process. Drawing upon the literature of the sociology of lawyering, it examines whether lawyers can or should be more than ‘paid technicians’ in such circumstances. It focuses in particular upon a number of ‘critical junctures’ in the legal history of the jurisdiction and uncouples key elements of the local legal culture which contributed to an ethos of quietism. The paper argues that the version of legal professionalism that emerged in Northern Ireland was contingent and socially constructed and, with notable exceptions, obfuscated a collective failure of moral courage. It concludes that facing the truth concerning past silence is fundamental to a properly embedded rule of law and a more grounded notion of what it means to be a lawyer in a conflict.

Re-imagining DDR Ex-combatants, leadership and moral agency in conflict transformation

Drawing upon criminological studies in the field of prisoner rehabilitation, this essay explores the relevance of the Demobilisation, Disarmament and Reintegration (DDR) framework to the process of conflict transformation in Northern Ireland. In a similar fashion to the critique of 'passivity' offered by, for example, the 'strengths based' or 'good lives' approach to prisoner resettlement and reintegration more generally, the authors contend that the Northern Ireland peace process offers conspicuous examples of former prisoners and combatants as agents and indeed leaders in the process of conflict transformation. They draw out three broad styles of leadership which have emerged amongst ex-combatants over the course of the Northern Ireland transition from conflict-political, military and communal. They suggest that cumulatively such leadership speaks to the potential of ex-prisoners and ex-combatants as moral agents in conflict transformation around which peacemaking can be constructed rather than as obstacles which must be 'managed' out of existence.

The Battle of the Somme in Ulster memory and identity

One of the enduring illusions about Northern Ireland is that its society can be conceptualized through a binary distinction between protestant and catholic. unionist and nationalist. It is increasingly apparent that these broad domains are themselves fractured and diverse and that otherness is often conceived from within rather than without. Northern Ireland can also be viewed as a laboratory for identity formation as unionists and loyalists strive to reconcile themselves with the fundamental political changes that have followed in the wake of the Peace Process. This paper considers one aspect of the contestation of belonging that increasingly characterizes unionism. It examines the competition for the ownership of the mythology of the Battle of the Somme ( 1916), long a key event in the unionist narrative. In particular, the paper addresses the ways in which paramilitary organizations are using the Somme to legitimate their own activities but also to distance the loyalist working classes from the former hegemonic Britishness of official unionism and the sectarianism of the Orange Order. The analysis concludes that loyalist identity is being conceptualized thorough a narrative of betrayal from within and at an intensely localized scale.

The contours of memory in post-conflict societies: enacting public remembrance of the bomb in Omagh, Northern Ireland

Drawing on the theoretical insights of Paul Ricoeur this paper investigates the geographies of public remembrance in a post-conflict society. In Northern Ireland, where political divisions have found expression through acts of extreme violence over the past 30 years, questions of memory and an amnesty for forgetting have particular resonance both at the individual and societal level, and render Ricoeur’s framework particularly prescient. Since the signing of the Belfast Agreement in 1998, initiating the Peace Process through consociational structures, discovering a nomenclature and set of practices which would aid in the rapprochement of a deeply divided society has presented a complex array of issues. In this paper I examine the various practices of public remembrance of the 1998 bombing of Omagh as a means of understanding how memory-spaces evolve in a post-conflict context. In Omagh there were a variety of commemorative practices instituted and each, in turn, adopted a different contour towards achieving reconciliation with the violence and grief of the bombing. In particular the Garden of Light project is analysed as a collective monument which, with light as its metaphysical centre, invited the populace to reflect backward on the pain of the bombing while at the same time enabling the society to look forward toward a peaceful future where a politics of hope might eclipse a politics of despair.

Convergence/Divergence: Party political discourse in Northern Ireland's transition from conflict

This paper illuminates the role of political language in a peace process through analysing the discourse used by political parties in Northern Ireland. What matters, it seems, is not whether party discourses converge or diverge but rather how, and in what ways, they do so. In the case of Northern Ireland, there remains strong divergence between discourses regarding the ethos of unionist and nationalist parties. As a consequence, core definitions of identity, culture, norms and principle remain common grounds for competition within nationalism and unionism. There has, however, been a significant shift towards convergence between unionist and nationalist parties in their discourses on power and governance, specifically among the now predominant (hardline) and the smaller (moderate) parties. The argument thus elaborated is that political transition from conflict need not necessarily entail the creation of a “shared discourse” between all parties. Indeed, points of divergence between parties’ discourses of power and ethos are as important for a healthy post-conflict democratic environment as the elements of convergence between them.

“They might as well be walking around the inside of a biscuit tin”: Barriers to Employment and Reintegration for ‘Politically Motivated’ Former Prisoners in Northern Ireland

The prisoner provisions under the Northern Ireland Peace Agreement clearly emphasised the importance of the reintegration and civic inclusion of ‘politically motivated’ former prisoners; however, numerous barriers to full reintegration remain. Even though these prisoners were released as part of a peace process, based on principles of conflict transformation and reconciliation, there were still The prisoner provisions under the Northern Ireland Peace Agreement emphasised the importance of the reintegration and civic inclusion of ‘politically motivated’ former prisoners; however, numerous barriers to full reintegration remain. Notwithstanding the fact that these prisoners were released as part of a peace process, based on principles of conflict transformation and reconciliation, there were still numerous conditions placed upon them as part of their release process and they continued to hold a ‘criminal’ record upon release. As with ‘ordinary’ ex-prisoners, these ‘politically motivated’ former prisoners have subsequently faced numerous obstacles in their attempts to reintegrate back into society, particularly in the area of employment. Recognising that they needed to deal with the consequences of imprisonment, ‘politically motivated’ former prisoners formed numerous self-help organisations to assist in the reintegration process and have mobilised to lobby for protection against the discrimination and unequal treatment experienced by ex-prisoners seeking employment. This article explores the remaining barriers to employment for ‘politically motivated’ former prisoners and the consequences of these barriers. The article moves to assess how prisoner groups have subsequently used a ‘rights based’ discourse to engage local government in their struggle to overcome existing obstacles before finally concluding that any piecemeal attempt to remove barriers to full reintegration will only impede the longer term conflict transformation process in Northern Ireland.

Assessing the determinants of public confidence in the police: A case study of a post-conflict community in Northern Ireland

Drawing upon original survey research this article seeks to identify the generative processes that influence perceptions of the police in the context of an inner-city neighbourhood in Northern Ireland that has been affected by increases in crime and disorder in the aftermath of the peace process. Conceptually we draw upon recent research from England and Wales that outlines confidence in the police in terms of instrumental and expressive dimensions. We apply this framework and consider whether it provides a useful template for understanding the post-conflict dynamics of police-community relations in our study area. Contrary to much received wisdom our analysis suggests that instrumental concerns about crime and illegal activity are a more influential predictor of attitudes to the police than expressive concerns with disorder and anti-social behaviour. Consequently our discussion points to the variance in local and national survey data and questions the degree to which the latter can usefully inform our understanding of trends and developments in discrete micro-spaces. Our conclusion outlines the potential policy implications for state policing practice in deprived urban spaces.

Transformative Aesthetics: Between Remembrance and Reconciliation in Contemporary Northern Irish Theatre

This article explores the ways in which two recent plays by the Tinderbox Theatre Company in Belfast – Jimmy McAleavey's The Sign of the Whale and David Ireland's Everything Between Us – engage with current political debates in Northern Ireland about how to deal with the ‘legacy of the past’. Both plays dramatise the uneasy tension between the demands for remembrance and reconciliation. I suggest that they give rise to a ‘transformative aesthetics’ that proposes an un-remembering of the past to make way for a transformative re-remembering for the future. This process, however, does not imply an easy resolution or transcendence of the antagonisms, debates, and traumatic memories. Instead, it suggests an intense and complicated engagement that sits in vexed opposition to the restorative conception of reconciliation and both a politics and a political context of ameliorative forgetting that dominates the Northern Irish Peace Process.

The (Soft) Power of Commitment:The EU and Conflict Resolution in Northern Ireland

This paper examines the potential of international actors to contribute to conflict resolution by analysing the evolving role of the European Union (EU) in embedding Northern Ireland's peace process. Scrutiny of the EU's approach to conflict resolution in Northern Ireland offers useful insights into the scope and potential of soft power for facilitating behavioural change from governmental to grass-roots levels. This paper traces the development of the EU's approach to conflict resolution in Northern Ireland from one concentrated on encouraging state-level agreement, to nurturing peace through multilevel funding, through now to consolidating the peace by facilitating regional-level empowerment. The core argument is that, in sum, the most critical element of the EU's contribution to peace in Northern Ireland has been, quite simply, that of enduring commitment.

Between Imaginary Lines: Violence and its Justifications at the Military Checkpoints in Occupied Palestine

Looking at one site, the Israeli checkpoints in the occupied Palestinian territory, this article seeks to understand the mechanisms by which violence can present itself as justifiable (or justified), even when it materializes within frames presumably set to annul it. We look at the checkpoints as a condensed microcosmos operating within two such frames. One is the prolonged IsraeliPalestinian ‘peace process’ (the checkpoints became a primary technology of control in the period following the beginning of the peace process), and the other is regulatory power (disciplinary and biopower), which in the Foucauldian framework presumably sidelines the violent form which sovereign power takes. We argue that the checkpoints, which dissect the Palestinian occupied territories into dozens of enclaves and which are one of the most effective and destructive means of control within the current stage of occupation, can be seen as more than obstacles in the way of Palestinian movement; we suggest that they also function as corrective technologies that are meant to fail. It is with this failure that violence can appear as justified. In order to show the operation of this embedded failure, we examine one mechanism operating within the checkpoints: ‘the imaginary line’. The imaginary line is both a component within, and an emblem of a mode of control that constantly undoes itself in order to summon violence. Since it is never visibly marked in the physical space, the imaginary line is bound to be unintentionally crossed, thereby randomly rendering Palestinians as ‘transgressors’ of the rule and thus facilitating eruptions of violence by the soldiers stationed at the checkpoints. This article proposes an analysis of this hidden demarcation of space in order to question the different relations between subjects and power which it both assumes and constitutes.

The Map of Connections 3.1: Unofficial and previously unmapped Irish border crossings

I charted unofficial border-crossings along Ireland's border, those not found on any other map.

During many surveys of Ireland's border I discovered that it is often perforated. Gates are set in hedgerows for the convenience of farmers, stepping stones and community-built bridges span rivers, walkers’ routes and muddy by-ways go wherever they please. These kinds of connections have always been there, although I think it is fair to say that their numbers have increased during the Peace Process. Roads blocked or cratered during the Troubles are being re-connected at a rate too fast for the Ordnance Survey to keep up with. On the local level cross-border movement is quietly happening, unchecked and often unmapped, until now.

This map attempts to throw the borderline in perpendicular, showing it as a place of connection rather than division.

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 Constitution in Northern Ireland - After the Scottish Independence Referendum"

This chronicle considers some of the possible developments in the Northern Ireland Peace Process that may be occasioned by the imperatives for wider constitutional change resulting from the Independence Referendum in Scotland in September 2014. After reviewing the devolution story in Scotland, and the developments leading to the referendum, some of the wider tensions that remain within the UK constitution are reviewed, and their impact on the Northern Ireland settlement are considered. Next, attention is given to the range of issues that are presently undermining the continuing success of the Northern Ireland settlement as a mechanism of government and the possibilities for adapting the constitutional architecture to overcome these difficulties.