{"id":846570,"date":"2026-03-24T06:50:22","date_gmt":"2026-03-24T06:50:22","guid":{"rendered":"https:\/\/www.europesays.com\/uk\/846570\/"},"modified":"2026-03-24T06:50:22","modified_gmt":"2026-03-24T06:50:22","slug":"calls-for-an-amnesty-for-british-soldiers-in-northern-ireland-are-based-on-a-myth-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/uk\/846570\/","title":{"rendered":"Calls for an amnesty for British soldiers in Northern Ireland are based on a myth \u2013 The Irish Times"},"content":{"rendered":"<p class=\"c-paragraph paywall \">In recent months, there has been a renewed push by British army veterans and their supporters for a return to some variant of the <a href=\"https:\/\/www.irishtimes.com\/tags\/boris-johnson\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/boris-johnson\/\">Boris Johnson<\/a>-era amnesty and for drawing a line under the past in <a href=\"https:\/\/www.irishtimes.com\/tags\/northern-ireland\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/northern-ireland\/\">Northern Ireland<\/a>. <\/p>\n<p class=\"c-paragraph paywall \">The clamour for an amnesty was, and is, based on the fake news that there was a post-conflict \u201cwitch-hunt against veterans\u201d \u2013 apparently driven by the human rights-obsessed \u201clawfare\u201d of the <a href=\"https:\/\/www.irishtimes.com\/tags\/police-service-of-northern-ireland-psni\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/police-service-of-northern-ireland-psni\/\">Police Service of Northern Ireland<\/a>, the Director of Public Prosecutions and lawyers representing bereaved families. <\/p>\n<p class=\"c-paragraph paywall \">For the record, between 2012 and 2024, there were 25 decisions to prosecute conflict-related offences in Northern Ireland,  six of which were against soldiers. Only one ex-soldier was convicted of manslaughter after he shot a civilian in the back, receiving a suspended sentence. <\/p>\n<p class=\"c-paragraph paywall \"> Actual data often appears beside the point. <\/p>\n<p class=\"c-paragraph paywall \">As Arron Banks, the major funder of the <a href=\"https:\/\/www.irishtimes.com\/tags\/brexit\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/brexit\/\">Brexit<\/a> leave campaign, said of his Remain opponents, a focus on \u201cfacts, facts, facts\u201d does not connect with people emotionally. Right-leaning Britain  is told that investigating or prosecuting past army misdeeds feels like a legal witch-hunt, therefore it is. <\/p>\n<p class=\"c-paragraph b-it-article-body__interstitial-link\">[\u00a0<a aria-label=\"Open related story\" class=\"c-link\" href=\"www.irishtimes.com\/crime-law\/courts\/2024\/02\/28\/legacy-act-troubles-northern-ireland-international-human-rights-law-court-rules\/\">Legacy Act: Immunity for Troubles-era killings breaches human rights law &#8211; judge<\/a>\u00a0]<\/p>\n<p class=\"c-paragraph paywall \">Like the broader Brexit campaign, the amnesty was rationalised by nativist bluster and macho posturing (best army in the world, etc), a disdain for \u201cforeign\u201d European law and the deliberate erosion of factual authority. <\/p>\n<p class=\"c-paragraph paywall \">For those of us who worked to counter the amnesty,  post-truth populism at times seemed impervious to pesky legal or empirical facts. <\/p>\n<p class=\"c-paragraph paywall \">Thankfully, in line with their election pledge, <a href=\"https:\/\/www.irishtimes.com\/tags\/labour-party-uk\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/labour-party-uk\/\">Labour<\/a> abandoned the Johnson amnesty. That decision followed a determination in the UK courts that it was unlawful. <\/p>\n<p class=\"c-paragraph paywall \">Last autumn, the UK and Irish governments signed the \u201cFramework Agreement\u201d. It included a commitment to establish new human rights-compliant mechanisms to address the legacy of the Northern Ireland conflict. The relevant enabling legislation is before the House of Commons and is due soon  before the D\u00e1il. <\/p>\n<p class=\"c-paragraph paywall \">At first blush, these developments embody grown-up Anglo-Irish politics \u2013 complex negotiations, a treaty between two sovereign states and a re-emphasis of the primacy of the rule of law \u2013 a comforting return to status quo ante after the aberration of the Johnson era. <\/p>\n<p class=\"c-paragraph paywall \">Except, of course, efforts to address the legacy of the Northern Ireland conflict are taking place in the context of supercharged, Trump 2.0, post-truth politics. This challenge is not unique to Northern Ireland. <\/p>\n<p class=\"c-paragraph paywall \">In the field of transitional justice \u2013 broadly understood as the means through which  societies address past wrongs \u2013 established truths about past violence or authoritarianism are being relentlessly undermined. All populists need a usable past to make and sustain their pitch \u2013 therefore credible versions of history must be rubbished. <\/p>\n<p class=\"c-paragraph paywall \">For example, in Argentina, president <a href=\"https:\/\/www.irishtimes.com\/tags\/javier-milei\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/javier-milei\/\">Javier Milei<\/a> (he of the sideburns and chainsaw) has persistently disputed the long-established reality of state terror during the military dictatorship, including the reality that up to 30,000 people were murdered or disappeared by the regime. These facts were established by a truth commission and numerous trials since Argentina\u2019s amnesty laws were overturned. <\/p>\n<p class=\"c-paragraph paywall \">Similarly, the brutal abuses of institutional racism in apartheid-era South Africa \u2013 painstakingly documented by the Truth and Reconciliation Commission \u2013 are now frequently disputed by white nationalist groups and countered by <a href=\"https:\/\/www.irishtimes.com\/tags\/elon-musk\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/elon-musk\">Elon Musk<\/a> and others who claim that white South Africans are now the victims of a \u201cwhite genocide\u201d. Despite any credible evidence to substantiate this claim,  Afrikaners are now uniquely recognised as refugees by the Trump administration. <\/p>\n<p class=\"c-paragraph paywall \">Of course, states and powerful non-state actors have always engaged in lying and denial about past abuses. As sociologist and criminologist Stan Cohen detailed in States of Denial, such strategies included literal denial (it never happened), interpretative denial (something happened but it\u2019s not what it looks like) or implicatory denial (it happened but the consequences are disputed). <\/p>\n<p class=\"c-paragraph paywall \">The post-truth era arguably presents a new challenge in addressing past harms.<\/p>\n<p class=\"c-paragraph paywall \">The Princeton philosopher Harry Frankfurt has distinguished between lies and bullshit. He argues that a liar knows the truth, therefore seeks to distract you from it \u2013 but a relationship between the truth and the lie sustains for the lie to be plausible, restricting the latter in different ways. Bullshit on the other hand is \u201cpanoramic\u201d, largely \u201cunconstrained by truth\u201d, less \u201caustere\u201d and essentially indifferent to the point that at least some of the audience know that they are being bullshitted. <\/p>\n<p class=\"c-paragraph paywall \">This is where law comes in. Law is the place where bullshit stops, where what Hannah Arendt termed the \u201cthoughtlessness\u201d towards law is halted. For example, a Trump-appointed federal judge who dismissed the administration\u2019s rationale for deploying the national guard in Portland as being \u201csimply untethered from the facts\u201d was a perfect illustration. <\/p>\n<p class=\"c-paragraph paywall \">Closer to home, when the High Court in Belfast found that the Boris Johnson 2023 amnesty was unlawful, Judge Adrian Colton dismissed the then government\u2019s claim that it would \u201cfacilitate reconciliation\u201d by finding \u201cthere is no evidence that granting of immunity under the 2023 <a href=\"https:\/\/www.irishtimes.com\/tags\/legacy-act\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/legacy-act\/\">[Legacy] Act<\/a> will in any way contribute to reconciliation in Northern Ireland, indeed the evidence is to the contrary\u201d.<\/p>\n<p class=\"c-paragraph paywall \">Given the rigour of its working methods \u2013 effective investigations, the testing of evidence, equality of arms, intellectually reasoned argument, the privileging of legality and so forth \u2013 law can serve as a buttress against moral relativism, lies and bullshit. <\/p>\n<p class=\"c-paragraph paywall \">Of course, there will be bad legal decisions, and the UK Supreme Court in particular is now a very conservative body with little apparent feel for the realities of the Northern Ireland conflict. In a recent conflict-related case, it in effect gave MI5 huge influence in deciding what truth families should be allowed to know about the death of their loved ones including in cases involving state agents. <\/p>\n<p class=\"c-paragraph paywall \">Nonetheless, a critically informed commitment to human rights and the rule of law, with all its flaws, remain the sine qua non, the indispensable requirement, of efforts to combat denialism and acknowledge past harms in the post-truth era.<\/p>\n<p class=\"c-paragraph paywall \">Professor Kieran McEvoy is the Queens University Chair of Peace Security and Justice. He has worked extensively on addressing the past in more than a dozen post-conflict or post-authoritarian societies including Northern Ireland<\/p>\n","protected":false},"excerpt":{"rendered":"In recent months, there has been a renewed push by British army veterans and their supporters for a&hellip;\n","protected":false},"author":2,"featured_media":846571,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_share_on_mastodon":"0"},"categories":[5011],"tags":[5109,802,21574,13515,32,12808,38002,20870,1144,75955,41386,16,15],"class_list":["post-846570","post","type-post","status-publish","format-standard","has-post-thumbnail","category-northern-ireland","tag-boris-johnson","tag-brexit","tag-british-army","tag-common-ground","tag-donald-trump","tag-javier-milei","tag-labour-party-uk","tag-legacy-act","tag-northern-ireland","tag-police-service-of-northern-ireland-psni","tag-queens-university","tag-uk","tag-united-kingdom"],"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@uk\/116282826836637462","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/846570","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/comments?post=846570"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/846570\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media\/846571"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media?parent=846570"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/categories?post=846570"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/tags?post=846570"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}