The government of Ireland lodged a new application with the European Court of Human Rights (ECHR) on Friday concerning recently enacted UK legislation that would grant amnesty to individuals accused of committing atrocities during the Northern Ireland Troubles. According to a press release from the ECHR, the Irish government challenged the legislation on the grounds that it violates several rights enumerated in the European Convention on Human Rights.

The Irish government previously announced they would challenge the legality of the Northern Ireland Troubles (Legacy and Reconciliation) Act through the courts in December 2023, since the UK government shut off any possibility of political resolution. This latest move follows a challenge over the same act in the UK High Court.

In their filing to the ECHR, the Irish government argued that several provisions within the act are not compatible with the European Convention on Human Rights. In particular, they contend that the sections relating to immunity from prosecution are a violation of article 2’s right to life and article 3’s prohibition against torture and inhuman or degrading treatment. The government further argued that the act’s establishment of the Independent Commission for Reconciliation and Information Recovery is contrary to articles 2 and 3 as well as article 13’s right to an effective remedy. The government further alleged that the act’s prevention of any future civil actions and the continuation of any actins initiated before May 17, 2022 are a violation of article 6’s right to a fair trial and article 14’s prohibition against discrimination.

The Northern Ireland Troubles (Legacy and Reconciliation) Act was signed into law on the September 18, 2023. It effectively grants amnesty to those accused of committing atrocities during the Northern Ireland Troubles, if they cooperate with a new Independent Commission for Reconciliation and Information Recovery. It also prevents any future inquests into killings during that period. The law has been widely condemned by a range of political parties, victim’s families and human rights organizations—including the UN.

Back in June 2023, the Council of Europe issued a statement, urging the UK government to repeal the immunity provisions in the legislation. It also warned the UK that the law would “undermine the human rights of victims, as well as truth seeking, reconciliation and justice efforts.”