Politics and Poor Weather: How Ireland Sued the United Kingdom Under the European Convention on Human Rights

(2007) 2 Irish Yearbook of International Law 3

37 Pages Posted: 21 Aug 2014  

William A. Schabas

University College, Galway (UCG) - Faculty of Law; Criminal Law Forum; Irish Centre for Human Rights

Aisling O'Sullivan

University of Sussex Law School

Date Written: December 15, 2007

Abstract

This paper examines the deliberations of the Irish Government from the time when internment in Northern Ireland was introduced, on 9 August 1971, to the submission of the application by the Irish Government on 16 December of that year. It considers how the decision to submit an application to the European Commission of Human Rights became an increasing inevitability and appears to have been recognized as such by British Prime Minister Edward Heath. With the decision of the British Government to establish the Compton Committee, in September 1971, the arena turned to bilateral consultations between Taoiseach (Prime Minister) Jack Lynch and British Prime Minister Edward Heath. When these broke down, Lynch informed Heath that the Irish Government was 'seriously considering' submitting an inter-State application. A final decision was taken by the Irish Cabinet on 30 November 1971 and the application was filed two weeks later. This paper was prepared as part of a larger project investigating the Ireland v. UK case in the Irish and British National Archives.

Keywords: Ireland v. UK case, Ill-treatment of detainees, Northern Ireland, Historical Archives, European Convention on Human Rights

Suggested Citation

Schabas, William A. and O'Sullivan, Aisling, Politics and Poor Weather: How Ireland Sued the United Kingdom Under the European Convention on Human Rights (December 15, 2007). (2007) 2 Irish Yearbook of International Law 3. Available at SSRN: https://ssrn.com/abstract=2483226

William A. Schabas

University College, Galway (UCG) - Faculty of Law ( email )

Newcastle Road
Galway
Ireland

Criminal Law Forum

Netherlands

Irish Centre for Human Rights ( email )

Galway
Ireland

Aisling O'Sullivan (Contact Author)

University of Sussex Law School ( email )

Falmer
Brighton BN1 9QN
United Kingdom

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