A U.S. appeals court is weighing whether Boston College must
turn over to criminal investigators recordings from an oral history project
about Northern Ireland that could expose embarrassing secrets of the Irish
Republican Army's past.
The case suggests new legal hurdles and costs for
universities that gather historical records of conflicts around the world.
At the heart of the legal dispute is the unsolved, nearly
40-year-old killing of Jean McConville, a widowed mother abducted in front of
her children and murdered by the IRA as a suspected spy for the British
government. The IRA has admitted to the murder though the killers never were
identified.
The peculiarities of the Irish peace settlement lend to the legal problems faced by Boston College. As
Brian
Rowan notes in
The Belfast Telegraph,
conflict resolution in Northern Ireland included “no amnesty, no agreed truth
and reconciliation process, and, so, there is still the possibility of arrest
and prosecution.” In fact, the Police Service of Northern Ireland have
established the
Historical Enquires Team charged with reexamining “all deaths
which can be attributed to the security situation here between 1968 and 1998.”
It is not clear at this point whether these investigations will lead to
prosecutions in the future.
The U.S. Appeal Court’s ruling may have significant repercussions
for social scientific research into conflict and political violence. If
researchers cannot guarantee confidentiality and anonymity, few former
insurgents will talk about their experiences and motivations.
(Of course, few who study political violence rely on such
individual-level data, few terrorism experts ever bother to talk to terrorists.
This explains, in part, the dominance of rational choice theory in the study of
political violence. Assumptions are easier than interviewing.)
Incidentally, this article brought to mind the 2005 arrest
of
Father Juan
José Agirre Begiristain for having “links” to ETA – or rather for
maintaining an archive in Lazkao, Guipuzcoa that includes considerable
documentation from ETA and various
abertzale
groups. The monk was released after 4 hours of detention. I guess even the
Spanish find repressing historian monks distasteful.