Criminalizing peace: anti-terrorism law and its impact on peacemaking in the Basque Country and Northern Ireland. (1st October 2020)

• Record Type: Journal Article
• Authors: Duhart, Philippe
• Is Part Of: Peacebuilding. Volume 8:Number 4(2020)
• Page Start: 432
• Page End: 446
• Publication Date: 2020-10-01
• Subjects: Conflict transformation -- enemy criminal law -- counterterrorism -- Basque Country -- Northern Ireland; Peace-building -- Periodicals; Peace -- Periodicals; Mediation -- Periodicals; Conflict management -- Periodicals; Nation-building -- Periodicals; 327.172
• DOI: 10.1080/21647259.2019.1632055
• Languages: English
• ISSNs: 2164-7259

Abstract

ABSTRACT: This paper investigates anti-terrorism law's impact on peace-making efforts of the nonviolent allies of Basque Homeland and Freedom (ETA) and the Provisional Irish Republican Army (IRA). Drawing on debates concerning 'enemy criminal law', I argue that anti-terrorism law is actor-focused and thus directed at juridically labelled 'terrorist organisations'. Variation in the juridical construction of terrorist organisations is critical to understanding the divergence in the political capacities of non-violent Basque separatists and Irish republicans as peace-makers. In Spain, the judiciary developed a broad definition of the 'terrorist organisation ETA', resulting in the identification of non-violent Basque separatist groups as 'integral components' of ETA and hindering their capacity to engage in peace-making. In contrast, British anti-terrorism law was grounded in a narrow definition of 'proscribed organisations' focused on the IRA's rank-and-file, which facilitated the involvement of the broader republican movement in the successful peace process of the nineties.