The Irish government is to bring a legal case against the UK under the European Convention on Human Rights (ECHR).
The inter-state case is over the UK’s decision to bring in the Northern Ireland Troubles Legacy Act, deputy premier Micheal Martin has confirmed.
The act became UK law in September 2023. It looks to end legal proceedings relating to the Troubles by granting immunity to people who cooperate with the new Independent Commission for Reconciliation and Information Recovery (ICRIR).
On the UK side, the move was welcomed by soldiers and their families, following various historical prosecutions.
But there were warnings it would breach the ECHR as granting amnesties has previously been found by the European Court of Human Rights (ECtHR) to be incompatible with a country’s obligation to have a way for unnatural deaths and allegations of torture to be investigated.
Complying with the ECHR is part of the Good Friday Agreement.
Mr Martin said: “This decision was taken after much thought and careful consideration.
“I regret that we find ourselves in a position where such a choice had to be made.
“However, the decision by the British government not to proceed with the 2014 Stormont House Agreement and instead pursue legislation unilaterally, without effective engagement with the legitimate concerns that we, and many others, raised left us with few options.
“The British government removed the political option, and has left us only this legal avenue.”
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