Northern Ireland: The Right to Life, victim mobilisation and the legacy of conflict

Article 2 of the European Convention on Human Rights has become an important tool utilised by relatives of those killed by state forces during the conflict in Northern Ireland in their campaigns for truth and justice. Of particular significance has been the jurisprudence which resulted from a series of cases which emanated from Northern Ireland: McCann, Jordan, Kelly, McKerr and Shanaghan v. UK. With these judgments the European Court of Human Rights (ECtHR) established a positive obligation on states to protect life, and a number of procedural obligations which states must meet in order for an investigation into deaths to be considered effective. This chapter examines the ECtHR’s response to the use of lethal force in Northern Ireland and the resulting jurisprudence. In addition, it analyses the role played by relatives of those killed in bringing these cases to Strasbourg in the first place. Finally, it explores some of the challenges around utilising a human rights framework in the context of Northern Ireland.