Abstract
In September 2023, the United Kingdom passed the Northern Ireland Troubles (Legacy and Reconciliation) Act (“Legacy Act”), which grants amnesty to anyone who discloses information regarding murders, disappearances, or other unsolved crimes during the period known as “The Troubles” in Northern Ireland. The Legacy Act’s amnesty provision is expected to hinder the peace process in Northern Ireland and in turn, avert accountability for serious international crimes. This Comment considers to what extent the Legacy Act’s amnesty provision violates the Good Friday Agreement, the peace accord ending decades of conflict in Northern Ireland, the European Convention on Human Rights, the United Nations Convention Against Torture, and the Geneva Convention’s humanitarian law provisions. Further, this Comment analyzes an emerging international human rights custom prohibiting amnesty laws in peace agreements and the Legacy Act’s position within that paradigm. Finally, this Comment contemplates how the European Court of Human Rights may rule in the case lodged by the Republic of Ireland against the United Kingdom. It also considers the possibility of an individual complaint against the United Kingdom to ensure that accountability is enshrined in the peace process. Alternatively, the United Kingdom should consider drafting a new law or amend the Legacy Act to exclude the existing amnesty provision.