Don't Mention the War: TheCourt ofAppeal, theCriminalCasesReviewCommission and Dealing with the Past inNorthernIreland

Abstract

Despite the vast transitional justice scholarship relating to prisoner release, amnesties and prosecutions when conflicts end, there is a significant gap in practice and academic literature regarding wrongful convictions. Uniquely amongst post‐conflict societies,NorthernIreland has a body for investigating miscarriages of justice, albeit one designed for ‘ordinary’ appeals. In the absence of a formal truth‐recovery process, criminal appeals are becoming a proxy for addressing the role of the state during ‘TheTroubles,’ as well as remedying individual injustices. This article examines the approach of theNorthernIrelandCourt ofAppeal during the conflict. It charts the developments in its decision‐making following the cease‐fires and the establishment of theCriminalCasesReviewCommission. It concludes that the current system is unsatisfactory as it ignores the effects of the conflict on the appeal process and offers no insights into the role of theCourt during the conflict. Alternative models are suggested.