Redress for past harms? Official apologies in Northern Ireland

Abstract

This article critically examines the nature, role and function of official apologies with respect to conflict-related deaths in Northern Ireland. It draws on empirical research of investigations carried out by the Historical Enquiries Team (HET) in state involvement cases and in particular a sample of unpublished reports that prompted official apologies. These reports also contain individual 'perpetrator' apologies or expressions of regret. Apologies are promoted as an important transitional justice tool, and the topic has generated considerable literature. However, while that literature has touched upon the possible adverse effects of apologies, there has been less focus on examining the empirical evidence of situations where apologies have turned out to have negative effects. This article addresses aspects of this research gap through the lens of three key transitional justice themes: redress, reparation and victims' agency. Pivotal questions are raised about the value of apology to the victim on the one hand and the state on the other. The conceding or withholding of official apologies is examined: who qualifies and why, and whether certain victims are deemed 'undeserving' of an apology. The article concludes by suggesting that a pattern of official apologies without accountability and acceptance of responsibility is emerging in Northern Ireland; that official apologies can function as a way to shield state institutions, deflect further scrutiny, deny culpability, avoid effective redress and placate and silence victims. In this context historical injustice may be intensified rather than rectified, causing more harm than good, at best glossing over past wrongs and at worst facilitating impunity and re-traumatising victims.

Critical Engagement

“…116 Moving beyond crude depictions of an 'Orange' force, the RUC was now presented as an obstacle to lasting peace in the North of Ireland. Refuting a 'Hans Christian 117 Irish republicans refused to countenance any notion of RUC involvement in the political or social life of postconflict Northern Ireland. Simple ideological rejection became redundant, as police reform seemingly became a prerequisite to any lasting political settlement on human rights, political and historical grounds.…”

“…This wider societal stigma led Ryder to concede that republicans 'rarely needed to resort to threats'. 117 That someone as sympathetic to the RUC as Ryder should acknowledge this speaks volumes about the exaggerated claims on which the 'hidden support' narrative is premised. There is also the questionable manner in which the RUC sought to secure Nationalist 'co-operation'.…”

“…118 Rather, it seemingly 'exposes the lack of support Nationalists have for the RUC when they have to arrest Nationalists and intimidate them into gathering low level intelligence on local republicans'. 119 Moreover, the 'hidden support' narrative completely disregards the adverse effect that 'over-policing' had on Nationalist districts. In the 'see-saw' relationship the Nationalist community had with the IRA, any digression by the IRA from 'acceptable' conduct led to reduced communal support.…”

“…118 'Local Man Reveals RUC Blackmail Attempt', Sceal, 58 (3 September 1987. 119 'Attempts to Recruit an Informer ', Sceal, 87 (31 March 1988). 120 Burton, 1978, 85.…”

Are there ‘greener’ ways of doing transitional justice? Some reflections on Srebrenica, nature and memorialisation

“…The fact that his apology was thus incomplete necessarilyaffected how many people viewed it. As Lundy and Rolston underscore, 'A disconnected, free-standing apology runs the risk of being less than authentic' 58. Four months after the twentieth anniversary commemorations, however, Vučić returned to Potočari.…”