LONDON – Ireland's government said Wednesday it will take legal action against British authorities over a controversial law that grants some immunity from prosecution for crimes committed during three decades of sectarian violence.
Deputy Prime Minister Micheál Martin said that “after much thought and careful consideration” the Irish government is launching a challenge to the Legacy and Reconciliation Bill, which critics say bans access to justice for victims and survivors.
The law, passed in September, stops most prosecutions over suspected killings by militant groups and British soldiers during the “Troubles” – the three decades of violence in Northern Ireland in which more than 3,500 people died.
Those working with the new independent Commission for Reconciliation and Information Restoration – loosely modeled on South Africa's post-apartheid Truth and Reconciliation Commission – can receive immunity from prosecution. The new law also stops future civil proceedings and probate investigations.
It was passed despite strong opposition from the Irish government, political parties and victims' organizations in Northern Ireland.
The 1998 Good Friday Peace Agreement largely ended decades of violence, and former British Prime Minister Boris Johnson, who proposed the new bill, said it would allow Northern Ireland to “draw a line under the unrest.”
But those who lost loved ones at the hands of Irish republican and British loyalist militias and British troops say the new law will whitewash the past and allow murderers to get away with murder. Dozens of probate inquiries remain to be heard.
Martin said even in cases where immunity is not granted, reviews by the independent commission are not a sufficient substitute for police investigations.
Irish Prime Minister Leo Varadkar said the case would be taken to the European Court of Human Rights in Strasbourg, France. It is argued that certain aspects of the law are inconsistent with the UK's obligations under the European Convention on Human Rights.
The United Nations and the Council of Europe support the country's position, Varadkar said.
“It is something we do with sincere regret and would prefer not to be in this position, but we are committed to the survivors in Northern Ireland and the families of the victims to stand by them,” he said.
British veterans groups are among a few organizations that have welcomed the law, which removes the risk of prosecution for troops who served in Northern Ireland.
Rosaleen Dalton, whose father Sean Dalton was killed by an Irish Republican Army booby-trapped bomb in a house in Derry in 1988, said the legal challenge gave hope to those left behind.
“People like us and our families have nowhere to go, and just knowing that someone in our corner is fighting gives us new hope and optimism,” she said.
Amnesty International said it was important for the Irish government to take a stand.
“The British government has persistently pursued this law, which protects perpetrators of serious human rights abuses from being held to account,” said Grainne Teggart of Amnesty International UK. “This challenge is critically important to victims here and around the world who face similar state-sanctioned impunity.”