New Inter-State Case Ireland v. UK regarding the Northern Ireland Troubles before the ECtHR

This Saar Blueprint examines the second inter-state application submitted by Ireland against the United Kingdom to the European Court of Human Rights. The application concerns the Northern Ireland (Legacy and Reconciliation) Act, which establishes a framework for conducting reviews of Troubles-related offences, sets up an immunity scheme and establishes a statutory limitation period for certain civil proceedings. The Government of the Republic of Ireland contends that these provisions are incompatible with Articles 1, 2 and 6 of the European Convention on Human Rights. This paper critically engages with the contested provisions and offers a detailed analysis of the relevant Convention articles, paying particular attention to the concept of positive obligations and the challenges of transitional justice. Ultimately, the author discusses the compatibility of the Act with the United Kingdom’s obligations under the Convention.