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There is a courtroom scene in the movie, The Wind That Shakes the Barley. It shows an IRA court operating during the war of independence. It’s probably accurate. That’s how they did things. The sentences ranged from rough to death.

The IRA justice system operates by excluding existing state personnel from an area or a “community” as it’s more usually called these days and making the citizens who reside there dependent for their security on SF/IRA volunteers/staff.

This is what Gerry Adams was talking about when commenting on the scandalous IRA treatment of rape victim, Mairia Cahill. He said that during the “troubles” the IRA was the police force in many nationalist communities in Northern Ireland. He is referring to their success in excluding the police (RUC) and setting up a rival to the state’s system of justice.

Leaving the question of legitimacy aside, there are problems of course with this kind of justice. Obviously, without the state law, institutions, personnel and expertise which are built up over centuries, the penalties imposed are bound to be quick, cheap and often brutal. However, victims and others seeking justice would also fall foul of the shambolic system. Both problems are well illustrated in recent SF statements.

Firstly, Gerry Adams is revealing in attempting to find virtue in brutality. “In an article published on his blog, Mr Adams outlined how republicans dealt with allegations of child abuse, saying that the IRA on occasion shot alleged sex offenders or expelled them.” – http://www.rte.ie/news/2014/1020/653455-mairia-cahill/

Now, it’s remotely possible that Gerry Adams is being clever in cynically using this scandal to cement the support of right wing voters who would favour corporal and capital punishment. It is almost certain, however, that he is being genuine. That is to say, he really does think that shooting offenders is evidence of a serious concern over sex abuse.

Secondly, SF explicitly uses the incompetence of the IRA investigators/judges to explain the dreadful treatment of sex abuse victims. Dessie Ellis, the Sinn Fein TD, says that while the IRA carried out criminal investigations, “To be honest they were not qualified to deal with something like sexual abuse.” – http://www.herald.ie/news/sinn-fein-td-ira-held-internal-probes-into-serious-crimes-30673144.html

Apart from the similarity here to the Catholic Church’s response to sex abuse, and the sordid implication that they feel they were competent when sentencing citizens to beating, maiming or execution, they seem to be at least aware that their justice system had its limitations.

It is also likely or at least plausible that their system never had as its objective the delivery of justice but that like terrorism its purpose was to convey a message to the state that its writ did not run in certain areas and to the people that there was a new authority.

Incidentally, some anti-water meter activists have learned from the IRA’s alternative-state approach. They want to alienate citizens from their police force (An Garda), portray the “community” as in conflict with the state, and insinuate “activists” as the voice of and leaders of the community. – https://colummccaffery.wordpress.com/2014/10/14/citizens-need-to-talk-about-a-contentious-suggestion-which-is-reported-regularly-by-an-uncritical-media/

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4 Comments

  1. Excellent piece, and frighteningly accurate.

  2. Thank you.

  3. A worthwhile comment – but isn’t the goal now to replace this ad hoc justice process with something more up to date. There was a story told in Clare/Galway (and recounted in a book about the IRA in Clare) about what the IRA did in the case of two men caught breaking the law. They sentenced the two men to serve time on an island off the coast of Clare – an indeterminate sentence – . The Britts thought they would do the two men a favor and went to rescue them. When the prisoners saw the Britts coming to the shore they threw rocks them and told to go away – that they were serving time as prisoners of the Irish republic.

  4. An interesting aspect of Adam’s statement is that the Sinn Féin IRA Courts felt they were competent to deal with other matters in a summary fashion. For example the abduction, torture and murder of Tom Oliver the Louth farmer because they believed in their terms that he had committed a ‘crime’. http://en.m.wikipedia.org/wiki/Murder_of_Thomas_Oliver
    Not to mention the abduction and murder of Jean McConville and the intimidation of her children.


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