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26 Trinity C.L. Rev. 12 (2023)
A Barrier to Transitional Justice: Critique of the Northern Ireland Troubles (Legacy and Reconciliation) Bill 2022

handle is hein.journals/trinclr26 and id is 19 raw text is: 




  A  BARRIER TO TRANSITIONAL JUSTICE: CRITIQUE
  OF  THE   NORTHERN IRELAND TROUBLES (LEGACY
             AND   RECONCILIATION) BILL 2022

                       DEIRBHILE CLENAGHAN *

Introduction

The  Northern Ireland ('NI') Troubles began in the 1960s and took the
lives of over 3,500 people, injuring thousands more.1 The impact of the
Troubles  on the people  of NI has endured  beyond  the Good  Friday
Agreement   of  1998  ('GFA') peace  settlement. Many   victims  and
survivors still await justice for themselves and their loved ones lost
during  or impacted  by the conflict. The Northern  Ireland Troubles
(Legacy and  Reconciliation) Bill ('NITLR'),2 introduced by the British
Government into Parliament in May 2022, intends to 'address the
legacy  of the Troubles' in NI.3 NITLR,  which   recently passed the
second  reading in the House   of Lords,4 prevents victims from ever
obtaining  truth,  justice or  accountability; some   of  the  major
cornerstones  of  transitional justice.5 Transitional justice can be
defined as  the ways  in which  'societies respond to the legacies of
massive and  serious human rights violations'.6 Further, it is recognised

* Sch., is a Senior Sophister L.L.B (Law) Candidate at Trinity College Dublin. The author
would like to thank all of the Editorial Board for their invaluable contributions, guidance
and support throughout the editing and publishing process. Mile buiochas daoibh go l6ir.
All errors and omissions remain the author's own.
1 United Nations, 'Rights experts urge UK to redraft controversial Northern Ireland Bill'
(UN News, 15 December 2022) <https://news.un.org/en/story/2022/12/1131742> accessed
11 January 2023.
2 Northern Ireland Troubles (Legacy and Reconciliation) Bill (HL Bill 37).
3 Joint Committee on Human Rights, Legislative Scrutiny: Northern Ireland Troubles
(Legacy and Reconciliation) Bill (HC 2022 311 HL Paper 79).
4 United Nations (n 1).
s Northern Ireland Human Rights Commission, Dealing with Northern Ireland's Past:
Towards a Transitional Justice Approach (July 2013).
6 International Center for Transitional Justice, 'What is Transitional Justice?'
(International Center for Transitional Justice) <https://www.ictj.org/what-transitional-
justice> accessed 18 February 2023.


© 2023 Deirbhile Clenaghan and Dublin University Law Society

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