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Ireland’s Legal Action Over the ‘Troubles’ Amnesty Law Underlines the UK’s Toxic History

  • Hamzah Rifaat Hamzah Rifaat
  • Source: Al Mayadeen English
  • 30 Dec 2023 00:31
  • 1 Shares
6 Min Read

These neocolonial designs are haunting the average Palestinian in 2023 which is still reeling from the Balfour Declaration of 1917 which ensured the establishment of a homeland for Jewish people in Palestine.

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  • Ireland’s Legal Action Over the ‘Troubles’ Amnesty Law Underline’s the UK’s Toxic History
    Ireland’s Legal Action Over the ‘Troubles’ Amnesty Law Underlines the UK’s Toxic History (Illustrated by Mahdi Rteil to Al Mayadeen English)

Ireland’s history with the British Crown is troublesome and its decision to initiate legal action against the UK over the ‘Troubles’ Amnesty Law in 2023 is an eye-opener. The challenge from Dublin points at London’s blatant disregard for its historical reparations. The new law gives a degree of immunity for those who committed war crimes during three decades of sectarian violence in Northern Ireland. Passed in September 2023, the law also prevents most prosecutions of armed militias and British soldiers during the ‘Troubles era’ which resulted in the deaths of 3,500 people. This law is a mockery of justice and underlines the UK’s toxic colonial and neo-colonial history. 

In essence, this law is an indication that London wishes to wash its hands of its crimes committed against humanity during its colonial rule. Crimes include allowing a Zionist regime to be carved out after the passage of the Balfour Declaration of 1917 on Palestinian lands. It should hence, come as no surprise that Ireland has remained an outlier in Europe on the Israeli genocide in occupied Palestine, by expressing its unequivocal support for the Palestinian cause. Shared colonial experiences and the UK’s defiance in accepting its historical crimes remains a grave injustice to those who lost their lives, whether they are over three thousand, mostly civilian Irish casualties or over twenty thousand Palestinian martyrs in 2023.  

Such historical denialism is allowing anti-British sentiment to fester and for good reason. Irish Deputy Prime Minister Michael Martin stated that the government of Ireland is launching a campaign against the Legacy and Reconciliation Bill which critics state, shuts down access to justice for both the victims and the deceased. Those opposed to the bill include human rights organizations, families of victims and major political parties, which is similar to how all Palestinian groups and human rights organizations are decrying the Israeli onslaught in the occupied territories, which in essence, is the product of British colonial history and neocolonialism.  

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Irish Prime Minister Leo Vardakar made it clear that the British law will be taken to the European Court of Human Rights in France with plans of arguing that the characteristics of the law are incompatible with the UK’s obligations under the European Convention of Human Rights. Additionally, the United Nations and the Council of Europe have backed Ireland and denounced the United Kingdom over its decision to grant immunity to perpetrators of violence in Northern Ireland. Such international support remains critical for the victims’ families who have been constantly challenging the Legacy and Reconciliation Bill in the courts of Northern Ireland and is important to establish precedents that the harrowing realities of British colonial rule will be held accountable. Amnesty International’s Northern Ireland Deputy Director, Grainne Teggart echoes this view by claiming that the challenge from Dublin is vital for victims here and around the world who encounter a similar ‘state gifted impunity.’ 

Such impunity was granted to the Israelis by the United Kingdom in the form of the 1948 Nakba or ‘Palestinian exodus’ which resulted in the proliferation of Palestinian refugee camps which are now deeply entrenched in 2023. In 2023, the same refugee camps are being bombarded mercilessly and with impunity right under the watch of a country which initially sanctioned apartheid against the Palestinians since 1917. For further historical context, during World War two, Jewish paramilitaries worked closely with Britain and while preparing for a possible Axis invasion of Palestine, the British assisted the ‘Haganah’ or the main Zionist paramilitary organization working for the Yishuv in the British Mandate of Palestine. This assistance resulted in the creation of the ‘ Palmach’ or a commando unit specializing in guerilla warfare. However, the British withdrew support for the Palmach after the second battle of El Alamein which resulted in the latter becoming more discreet in its operations. Faced with a growing Jewish insurgency in Palestine after World War II, the British then irresponsibly withdrew from Palestine, leaving Zionist militias with an open field to murder, maim, destroy and uproot Palestinians on their own land.  This then, was followed by the establishment of the Israeli occupation regime by UNGA Resolution 181 (II). 

These neocolonial designs are haunting the average Palestinian in 2023 which is still reeling from the Balfour Declaration of 1917 which ensured the establishment of a homeland for Jewish people in Palestine, which was previously under the Ottoman empire. While displacing Palestinians en masse became the byproduct of the UK’s experiments with Jewish militias, in Ireland, rallying calls for self-determination were noosed during the Easter Rising of 1916 when Irish Republicans declared an Irish Republic independent of British rule. The British army responded by killing 2,000 people including civilians, destroying buildings on the streets of Dublin, executing fifteen Republican leaders and announcing a protracted period of martial law. 

Such crimes are inexcusable and warrant the British Crown to be held accountable. Ireland’s decision to launch legal action against the UK over the Troubles Law is completely justifiable. From South Asia to Southern Africa, the British have left behind a legacy of divide and rule, segregation and state-sanctioned apartheid which is visible in Palestine and was very much visible in Northern Ireland since 1916. The impunity with which London has been able to get away with crimes against humanity is inexcusable. For historical reparations and in light of the UK’s toxic historical legacy in Palestine and beyond, Ireland has taken the right step.

  

The views expressed in this article are solely those of the author and do not necessarily reflect Al Mayadeen’s editorial stance.
  • Palestine
  • UK
  • Ireland
  • Balfour Declaration
  • Gaza
Hamzah Rifaat

Hamzah Rifaat

A host/anchor, analyst, and visiting fellow at the Stimson Center in Washington D.C.,2016.

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