Edgar Graham Anniversary
As we reflect this week on the murder of Human Rights Lawyer Edgar Graham 40 years ago we wonder what his thoughts would have been on the recent Legacy Legislation. We hear much about the killing of so-called human rights lawyers by loyalist paramilitaries, however little has been said and few inquiries have been launched into the serial murder of legal and judicial figures by the PIRA. Edgar Graham was first and foremost a lawyer, an academic and expert who pioneered human rights law in Northern Ireland. In his human rights work Edgar dedicated many hours to working on advancing an application to the European Commission of Human Rights on behalf of 32 applicants, most of whom were widows from the border areas of Northern Ireland and victims of what amounted to an ethnic cleansing of Protestant residents.
A Rising Star
Educated at Ballymena Academy, he graduated with a law degree at Queen's University Belfast (QUB) in 1976, and pursued postgraduate study at Trinity College, Oxford, from 1976. In 1975 Graham was vice-chair of the Queen's University Conservative and Unionist Association; in 1978 during his studies at Cambridge he joined the centre-right Bow group within the Conservative party. In 1979 he became lecturer in constitutional and European Community law at QUB and at the time of his death he was completing a doctorate. Edgar was called to the Northern Ireland bar in 1980, and swiftly established an outstanding reputation. He was assistant editor of the Bulletin of Northern Ireland Law, and in 1982 a fellow in European law at the Salzburg seminar. He made legal submissions to the European Commission of Human Rights on behalf of the widows of victims of terrorism. He published a pamphlet denouncing the Republic of Ireland's unwillingness to extradite terrorist suspects; at the time of his death he was completing another on Sinn Féin's links to paramilitarism, calling for the party to be proscribed and its leaders prosecuted.
He pioneered the use of new and innovative legal avenues to tackle terrorism. As an outspoken defender of the supergrass system, provided the court knew the terms of the deal between state and witness, he pointed to its effective use against the Italian Mafia, and attacked the ‘sophisticated propaganda campaign’ against it.
However it is for his visionary use of Human Rights Law and the European Court of Human Rights to challenge terrorism for which we remember him. He was the first to define and condemn the actions of the PIRA as abuse of Human Rights forming the European Human Rights Unit which represented the case of victims of terrorism for the first time presenting cases to the European Human Rights Commission and United Nations Human Rights secretariat. Alongside local MP Harold McCusker he focused on South Armagh to build his case and exposed the sectarian nature of the PIRA's campaign as well as at the collusion and complicity of the Irish Government in terms of their failure to extradite terrorists.
Speaking in the Northern Ireland Assembly months before he was murdered he was one of the first to use the term 'genocide' for what was happening to border Protestants. In an article in the Belfast News letter in February 1983 we read:
"IRA in ‘campaign of genocide on border’ THE Provisional IRA has mounted a campaign of genocide against the Protestant population in Ulster’s border areas, ‘the Assembly heard yesterday. South Belfast Official Unionist member Edgar Graham said the republican terrorist group was bent on eradicating a particular group of people simply because of their religion. He said many of the group's victims in the border areas had simply been killed because they were Protestants, not because they were members of the security forces. Mr Graham was putting forward a motion condemning Eire's attitude to extradition. It also called on the Government to press the Eire Government to introduce extradition and not to accept any substitute. Mr Graham claimed that extradition was the one major obstacie to the defeat of terrorism in Ireland and it was about time the Eire Government woke up to its responsibilities."
He championed the case of Edith Elliott whose husband George Elliott and brother Jack Donnelly had both been murdered along with over 30 other cases as they exposed the human rights abuses suffered by victims. It was obvious that framing the Troubles in terms of Human Rights was the most potent weapon against terrorism.
The light of that truth and with the effective operation of justice there was real hope that in the early 1980s we could have seen an end to the violence. As a campaign was launched in Europe, the United States and internationally with lawyers taking the lead there was a real hope of truth and justice securing a real peace here. We believe that such was the threat to terrorist organisations of this victims centred lawyer led approach that they determined to kill it at birth. The murder of Edgar Graham who was the brains behind the new strategy and the acceptance by the British Government of the Anglo Irish Agreement effectively killed the initiative. Sadly the unionist community were distracted for almost 15 years and in that time it was the terrorists who took up the tools and terminology of human rights. They literally killed Northern Ireland's human rights lawyer and stole his ideas. We have seen the sickening irony since of generations of lawyers twisting Human Rights to suit the cause and support the actions of terrorism.
It was only in 1998 with the Long March and the foundation of victims groups led by FAIR that real victims rediscovered the value of Human Rights to frame their case. Many of the same victims supported by Edgar Graham joined FAIR and the research around Human Rights abuses and Extradition which was was secured by Edgar in the 1980s was handed over to FAIR's Research and Policy Unit forming the foundation of our work. It was taken forward and formed the basis of what we termed LAWFARE and once more helped victims secure truth and justice. We pay tribute to the life and work of Edgar Graham, the vision he had of supporting victims and securing justice. We continue that work today and are proud to carry on what he started over 40 years ago. As his headstone and memorial in Stormont says
Attack upon the Rule of Law
We must remember that central to the PIRA terrorist strategy was an assault upon not only the police but the judiciary and legal profession. Attack on court houses and their staff as well as widespread witness intimidation and wholesale efforts to subvert the criminal justice system was part and parcel of their strategy. Other senior legal figures murdered include:
- 11th of October 1972 - Resident Magistrate William Staunton, a Catholic, shot dead on the as he drove his daughter, Sally-Ann, to St. Dominic’s convent grammar school on the Falls Road.
- 16th of September 1974, Judge Rory Conaghan, a Catholic, murdered at his home in front of his 9 year old daughter, Deirdre.
- 16th of September 1974, Resident Magistrate Martin McBirney, a Protestant, at his home in front of his family.
- 16th of January, 1983, Judge William Doyle was murdered by the IRA as he came out of Mass in St. Brigid’s Catholic church on Derryvolgie Avenue in Belfast
- 28th of April, 1987, the IRA murdered 73-year-old Appeal Justice Maurice Gibson and his wife Cecily by bombing their car at the border, with collusion between the IRA and the Irish police, An Garda Siochana
- 23rd of July, 1988, in a repeat attack the PIRA tried to murder Catholic Justice Eoin Higgins and his wife but instead killed the entire innocent Hanna family.
The story of his Life and Death
An excellent article and series of podcasts by the Belfast Telegraph have highlighted the the PIRA murder of Edgar Graham a true human rights lawyer whose vision for Northern Ireland was cruelly cut short. In his own words we hear him highlighting the plight of border farmers who themselves lived under threat of assassination. In the chilling account of the murder of this bright young man.
Edgar Graham was just 29 years old when the IRA gunned him down on the street at Queen’s University in south Belfast.
The young law lecturer and unionist politician had a brilliant mind and was widely believed to be a future leader of the Ulster Unionist Party. David Trimble said he’d never have been Ulster Unionist leader if Edgar had lived.
Forty years after a crime which even by the standards of the Troubles shocked Northern Ireland, Sam McBride investigates why the IRA targeted him, whether he was set up by a colleague, and where this lost leader of unionism might have led Northern Ireland.
In this BelTel special documentary, Edgar’s friend Dermot Nesbitt, who was standing beside him when he was killed, revisits the scene for the first time in 20 years as he and others who knew Edgar well tell his story.
Killing Edgar: The IRA murder of Edgar Graham (part one)
Edgar Graham didn’t stand a chance. A gunman approached him from behind, shooting him dead just yards from the law faculty at Queen’s University where he worked.
At just 29, he was one of the most outstanding politicians the Ulster Unionist Party had ever produced and overwhelmingly likely to be a future party leader.
How would he have changed Northern Ireland if he had gone on to lead unionism?
The IRA immediately admitted responsibility for his murder, but why was he singled out?
And Sam McBride tracks down a fellow law lecturer accused of helping the IRA to target Edgar. He hears his first direct comments on the accusations in the 40 years since the killing.
Killing Edgar: The impact of the IRA murder of Edgar Graham (Part two)
International Congress of Victims of Terrorism
FAIR represented Northern Ireland's victims at a series of International Congresses where the voice of innocent victims were amplified and issues debated.
The International Centre for Victims of Terrorism of the San Pablo CEU University Foundation is the institution that established the International Congresses of Victims of Terrorism, which were born with a double objective: to be a forum where the voice of the victims could be heard and to help them to have the recognition they deserve, both by society and authorities.
These Conferences have already been held six times: Madrid (2004), Bogotá (2005), Valencia (2006), again in Madrid (2008), Medellín (2009) and Salamanca (2010). They have taken part in them more than 2.500 terror victims from different countries: Argelia, Argentina, Chile, Colombia, Congo, France, Indonesia, Ireland, Israel, Italy, Mexico, Netherlands, Peru, Russia, Rwanda, Spain, United Kigdom, United States and Uruguay.
Ist International Congress of Victims of Terrorism (Madrid)
In 2004, the San Pablo CEU University Foundation and the Foundation for Victims of Terrorism (Spain) organized the first edition of the International Congress on Victims of Terrorism in Madrid. The main objective was to recognize the strength of victims of terrorism, who are often forgotten. This way, they could feel the warmth, respect and affection of the entire society. This first edition was opened by HRH Felipe de Borbón, Prince of Asturias. In this first Congress, victims of terrorism from United States, Israel, Ireland, Colombia, Argelia and Spain had the chance to speak and share their experiences. Politicians, judges and journalists spoke about how important was not to forget the victims of terrorism. The closing lecture was given by Mr. José María Aznar who, by that moment, was President of the Spanish Government.
IInd International Congress of Victims of Terrorism (Bogota)
The second edition was held in February 2005 in Bogotá (Colombia). On this occasion, Sergio Arboleda University in Bogotá organised the event. The opening lecture was given by Mr. José María Aznar, and Álvaro Uribe, President of the Republic of Colombia gave the closing lecture. Victims of terrorism from Colombia and other Latin American countries, Russia, Spain, Indonesia, Ireland, United States and Israel attended the conferences.
IIIrd International Congress of Victims of Terrorism (Valencia)
In February 2006, Cardenal Herrera CEU University in Valencia hosted the III International Congress of Victims of Terrorism. The venue was the Palace of Congresses of the Valencian capital, where more than 700 people registered, including victims of terrorism and attendees. Terror victims from Peru, Russia, United States, Ireland, United Kingdom, Colombia and Spain took part.
TRH Prince and Princess of Asturias opened the third edition of the International Congress on Victims of Terrorism. The closing lecture was given by Mr. José Antonio Alonso, Minister of Interior of Spain. Mr. Francisco Camps, President of the Autonomous Community of Valencia, and Mrs. Rita Barberá, Major of Valencia, also spoke at the closing lecture. During this edition, the attendees had the opportunity to see a photographic exhibition by Miguel Angel Blanco Foundation, which showed the cruelty and the tragic consequences of the terrorist scourge.
IVth International Congress of Victims of Terrorism (Madrid)
The IVth International Congress of Victims of Terrorism was held at the San Pablo CEU University in Madrid in January 2008. More than 400 victims of terrorism from different countries which have suffered, and still suffer, terrorist attacks (United States, Ireland, Israel, Peru, Uruguay, France, Colombia, Argentina, Holland, Italy and, of course, Spain) attended the event.
Among the participants in the fourth edition were TRH Prince and Princess of Asturias, who opened the Congress; Mr. Alvaro Uribe, President of the Republic of Colombia; Mr. Fernando Araujo, Minister of Foreign Affairs of Colombia; Mrs. Esperanza Aguirre, President of the Community of Madrid; and Mr. Mariano Rajoy, leader of the main opposition party in Spain. During this Conference, the attendees could also see the photographic exhibition of the Miguel Ángel Blanco Foundation.
Vth International Congress of Victims of Terrorism (Medellin)
With the background of the four editions, in May 2009 took place in Medellín (Colombia) the V International Congress of Victims of Terrorism. It was organised by the Colombian institutions Visible Victims Foundation and Sergio Arboleda University, in collaboration with the International Centre for Victims of Terrorism of the San Pablo CEU Foundation.
TRH Prince and Princess of Asturias attended the Inaugural Ceremony and they were accompanied by Mr. Álvaro Uribe, President of the Republic of Colombia and other authorities. Nearly 1.000 victims of terrorism from different countries, including, Rwanda, the United States, Northern Ireland, Mexico, Argentina, Chile, France, Spain and, of course, Colombia, attended the Conference. The closing lecture was given by Mr. Felipe Calderón, President of México.
VIth International Congress of Victims of Terrorism (Salamanca)
Finally, the Sixth International Congress of Victims of Terrorism was on February 11th – 13th 2010 in Salamanca. Over 400 victims of terrorism from different countries which have suffered or are suffering from this scourge, such as Argentina, Congo, Colombia, United States, France, Ireland, Israel, Italy, United Kigdom, Russia and Spain, took part. Once more, the opening ceremony was given by TRH Prince and Princess of Asturias, and Mrs. Arantza Quiroga, President of the Basque Country Parliament gave the closing lecture.
During the events planned for this sixth edition it took place a tribute act, called Salamanca with the victims of terrorism, where the inhabitants had the opportunity to participate directly in the Congress and express their affection and solidarity with victims of terrorism. Thousands of people gave their support to the victims in the Salamanca’s main square.
VIIth International Congress of Victims of Terrorism (Paris)
The French Association of Victims of Terrorism (AfVT.org), member of the European Network of Associations of Victims of Terrorism (NAVT), in partnership with the International Observatory for the Victims of Terrorism (CEU), organized the VIIth International Congress of Victims of Terrorism that recently took place September 15-17, 2011 at the amphitheatre Foch of the Military School of Paris.
This was the first time that the International Congress of Victims of Terrorism took place outside a Spanish speaking country. The VIIth International Congress of Victims of Terrorism in Paris included representation of victims of terrorism from 29 different countries around the world and included victims, civil society actors, political leaders, representatives of various institutions, international experts and journalists.
Comity of Honor
Finally, it is worth highlighting that the six editions of the International Congresses on Victims of Terrorism have had superb Honour Committees, including TRH Prince and Princess of Asturias, the President of the Spanish Government, the President of the Republic of Colombia, the President of the Congress Deputies and Senate of Spain, several Presidents of the Governments from Spain and Colombia, the Ombudsman and regional authorities, such as the Presidents of the Autonomous Communities of Madrid, Valencia, Castilla y León and the Mayors of Madrid, Valencia, Medellín and Salamanca.
Supporting ‘The Greenfinches’.
NI Veterans Commissioner supports ‘The Greenfinches’.
I was disappointed, but unfortunately not surprised, to learn that Sinn Fein representatives on Armagh, Banbridge and Craigavon Borough Council have lodged a ‘call in’ legal challenge to a motion passed by a majority of councillors to pay tribute to the women who served in the the Ulster Defence Regiment, commonly known as the Greenfinches. This summer will mark the 50th anniversary since the first female recruits joined the ranks of the Ulster Defence Regiment. As Veterans Commissioner I will continue to call out this ongoing denigration and demonisation of our Armed Services and veterans, and will call out the misogyny of not recognising the important work of women in our Armed Forces, of which the Greenfinches were instrumental in contributing and expanding the roles available to women in supporting Operations.
Over the course of 22 years, 60,000 men and women wore the uniform of the Ulster Defence Regiment to help protect innocent civilians against the harm of terrorists that brought chaos and murder to our streets during the Troubles. These brave men and women did so with the understanding that their service placed them at risk every hour of every day – there was no respite on duty or off duty or even after they left the Regiment. Greenfinches were an important, unarmed part of providing this protection and sadly, there is a long Roll of Honour for those members of the Regiment who lost their lives at the hands of terrorism, of which four were Greenfinches. In total, 197 UDR soldiers and Greenfinches were killed both on and off duty, as well as over 60 killed after leaving the Regiment. Over 400 were seriously wounded and many still continue to suffer both psychologically and physically as a result of their service.
The brave men and women who served with the Ulster Defence Regiment, did so with great honour and dignity and stood against terrorism and all its horrors, on behalf of all society. I importantly note how families were impacted by terrorism, needing to check cars for bombs before getting in, and worried incase their loved ones might not return home after their shift. Many unfortunately still bear the pain of losing family members, whether as a member of the security services or indeed families from the innocent civilian population.
In 2006, when Her Majesty, Queen Elizabeth II, came to Belfast to present the Conspicuous Gallantry Cross to the Ulster Defence Regiment she said that the contribution of the Regiment to peace and stability within Northern Ireland had been unique and had required ‘uncommon courage and conviction’. Her Majesty reflected that ‘no challenge faced by the Ulster Defence Regiment went unmet, whatever the personal cost’.
Society should know and have the opportunity to recognise the extraordinary contribution these men and women have already made – and how they continue to do so to the present day.
I will recall one verse from a poem entitled ‘WUDR’, first published in 1983, that aptly summarises who the Greenfinches were:
‘We are the girls of the WUDR, Greenfinches is our common name,
But not one girl in the WUDR, is seeking fame or fortune,
For everyone in the WUDR, is willing to give a helping hand,
To help our country in its fight, and bring peace to our beloved land.’
As the voice for all veterans living in Northern Ireland, I will continue to speak up for them and again I pay tribute to the men and women who served and continue to serve in our Armed Forces, including the former members of the Ulster Defence Regiment CGC, ever remembering those who made the ultimate sacrifice in serving our country. Society owes deep thanks and gratitude to all of our Armed Forces veterans and their service should never be rewritten as anything other than duty and protection against the evils of terrorism.
Danny Kinahan
NI Veterans Commissioner
14 February 2023
Living Memorial Centre Development
AS FAIR marks its 25th Anniversary they have launched an exciting new Living Memorial Centre Development project. Over 15 years ago the group secured premises in Markethill. In what was the school masters house the group developed the first phase of their Living Memorial centre with a reception and administrative hub, meeting room and multi-purpose space, with kitchen. On the first floor an IT suite, and officers were developed. A memorial garden with a marble memorial funded and designed by friends and supporters on the mainland became the centrepiece with a place for victims to reflect and remember.
The group quickly outgrew the building and as new projects and activities were launched a number of temporary offices were placed on site. Over the last decade the group continued to develop the main building with an extended kitchen and disabled access toilets and storage. However as FAIR looked to its first quarter century one of the key priorities was a major development project to modernise and make their centre fit for the future. As members views were canvassed and professional advice Slough the project took shape with a range of new facilities and multiple-purpose spaces envisaged.
Meetings have already begun with the design team and the committee is turning its attention to fundraising. The ambitious target of £250,000 has been set - £10,000 for every year that FAIR has been in existence. The vision for the centre as a 'living memorial' remains strong and guides the group. It see the centre as a place of safety and support. FAIR has developed their facility at Mount Pleasant House as
An accessible, safe, friendly supportive and well resourced facility where victims can—
-
Remember loved ones they have lost as a result of the past thirty years of terrorism.
-
Meet and share within a social setting where they can share their experiences
-
Access professional services to help them deal with their physical and mental trauma,
-
Develop the skills, confidence and capacity needed to move on with their lives,
-
Receive the support, advocacy and care they deserve from the group they created
-
Deal with the Past and provide their interpretation of it in a positive way
-
Reintegrate into the community forming practical partnerships that benefit all
-
Become a valued group in society playing a full role in building lasting, genuine peace
European Memorial Day for Victims of Terrorism 2023
United in Remembrance: FAIR Group Attends European Memorial Day for Victims of Terrorism in Belfast
Introduction: In a poignant and heartfelt gathering, the FAIR Group is set to attend the European Memorial Day for Victims of Terrorism at the historic La Mon Hotel in Belfast. As we come together to remember and honor those who have suffered the profound impacts of terrorism, this event stands as a symbol of solidarity, resilience, and the enduring pursuit of justice. The La Mon Hotel, echoing with the shared stories of survival and loss, becomes a space for remembrance and a testament to the strength of those who have faced the harsh realities of terrorism.
A Gathering of Compassion: The European Memorial Day for Victims of Terrorism is a significant occasion that unites people from all walks of life, transcending borders and cultures. This year, the FAIR Group is proud to stand among those who share a common commitment to acknowledging the pain and hardship experienced by victims of terrorism throughout Europe.
As attendees gather at the La Mon Hotel, there is a shared understanding that the impact of terrorism is profound and far-reaching. The event is not just a memorial but a powerful demonstration of solidarity, a coming together of survivors, families, and advocates to collectively address the challenges faced by those affected.
La Mon Hotel: A Symbolic Venue: The choice of the La Mon Hotel as the venue for this significant event adds a layer of historical significance. The hotel, which itself experienced a tragic bombing in 1978, serves as a powerful reminder of the devastating consequences of terrorism. The scars of that event are still visible, making it a poignant location for the FAIR Group and others to pay their respects and reflect on the broader impact of terrorism on individuals and communities.
Honoring the Stories of Resilience: Throughout the day, attendees will have the opportunity to share their stories, experiences, and memories. The FAIR Group, with its commitment to fairness, accountability, integrity, and respect, brings a unique perspective to the event. Members will not only stand in solidarity with victims but also contribute to the ongoing dialogue about the importance of supporting those affected by acts of terrorism.
Speeches, testimonials, and moments of reflection will weave together a narrative of resilience, emphasizing the strength and courage of survivors. By participating in this collective remembrance, the FAIR Group aims to amplify the voices of those who often go unheard and foster a deeper understanding of the long-lasting effects of terrorism.
A Call to Action: As the day unfolds, it is not just a time for reflection but also a call to action. The FAIR Group, alongside other attendees, will renew their commitment to advocating for policies that prioritize the needs of victims and promote a society free from the specter of terrorism. By standing together, we affirm our shared responsibility to work towards preventing future tragedies and creating a world where no one has to endure the pain caused by acts of terror.
Conclusion: The European Memorial Day for Victims of Terrorism at the La Mon Hotel is not just an event; it is a testament to the strength of the human spirit. As the FAIR Group participates in this solemn gathering, we are reminded that through unity and compassion, we can build a future where the shadows of terrorism are replaced with the light of justice, empathy, and resilience. May this day serve as a catalyst for positive change and a beacon of hope for all those impacted by acts of terrorism across Europe.
THE KINGSMILLS MASSACRE: A CRIME AGAINST HUMANITY?
THE KINGSMILLS MASSACRE: A CRIME AGAINST HUMANITY?
On 5 January 1976, ten Protestant workers from a textile factory in Glenanne (County Armagh) were machine-gunned by a group calling itself the south Armagh Republican Action Force. On their way back home from the factory their bus was stopped. The IRA terrorists asked each worker his religion. One of them identified himself as Roman Catholic and the ten others as Protestants. The Catholic workman was told “to get out of the way” and to “run up the road”.
The Protestant workers were lined up and summarily executed by the terrorists with automatic weapons. The scene on the road where nine men lay dead was one of “indescribable carnage” according to a police officer. Only one of them survived, although he was hit 18 times. Ten years later, he described to the Belfast Newsletter what happened that day: “The talk on the minibus that night was no different than normal. There had been talk earlier in the factory that day about the killing of the young Reavey brothers from Whitecross. It horrified us all. We passed through Whitecross village shortly after 5.30 p.m. and when our minibus was stopped, a short distance up the road past Kingsmills crossroads, we thought it was the army. A group of about 12 armed men, unmasked but with their faces blackened and wearing combat jackets, surrounded the vehicle and ordered us all out on to the road. Even then few of us thought there was anything amiss. One man, with a pronounced English accent, did all the talking and proceeded to ask each of us our religion. Our Roman Catholic work colleague was ordered to clear off and the shooting started. It was all over within a minute and after the initial screams there was silence. I was semi-conscious and passed out several times with the deadly pain and the cold. A man appeared on the scene. He was in a terrible state and was praying loudly as he passed along the rows of bodies. He must have heard my groans and came across to comfort me. I must have been lying at the roadside waiting on the ambulance for up to 30 minutes. It was like an eternity and I can remember someone moving my body from one side to the other to help ease the pain”. He also stated “I remained in the Bessbrook area for a time, but as I left my young daughter to school every morning I was confronted by the orphans of men murdered in the massacre. It brought it all back on a daily basis and I decided to move to Scotland. Two years in Scotland helped me to adjust but I knew I had to return home to Bessbrook. Even now when I hear of an innocent person being killed the horror of the massacre all comes back and I can feel every bullet hitting me. Bessbrook lost its heart through that massacre. It was once a vibrant happy community full of life and enjoyment. What was done that night was a sheer waste, a futile exercise that advanced no cause.”
This odious massacre raises the issue as to whether it should be classified as a crime against humanity carried out by IRA terrorists. The offense of crime against humanity was first mentioned in 1915 by the Allied Powers to charge the Ottoman Government for committing the Armenian genocide. Since that time the requirements for establishing a crime against humanity have evolved in customary international law.
Case-law from the Nuremberg Tribunal and the Trial Chamber of the International Criminal Tribunal for the former Yugoslavia have both contributed to the definition of what a crime against humanity is. The Rome Statute, which provides for the International Criminal Court (ICC) to have jurisdiction over crimes against humanity as well as genocide and war crimes, has probably given the most advanced definition of what a crime against humanity is.
Article 7 of the Statute gives a list of eleven acts that are crimes against humanity when committed as part of a widespread or systematic attack directed against any civilian population, including: murder; imprisonment; torture; persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender … or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in the same paragraph; enforced disappearance of persons, other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental and physical health. In the case of the Kingsmills massacre, the act of murder can also be described as one of persecution against civilians because of their Protestant religion.
The Commentary on the Rome Statute indicates two other elements that are required for a crime against humanity to be established: first, the act must be part of a widespread or systematic practice; and second, that practice must be tolerated or condoned by a government or a de facto authority.
As regards the act being part of a widespread and systematic practice, it can hardly be denied that the Kingsmills massacre was part of a widespread campaign of terrorism waged by the IRA and started in 1969. This campaign resorted to extreme violence that was carried out in most areas of Northern Ireland but particularly in the border regions with the Irish Republic. The wide practice of atrocities involved murders, tortures, abductions and enforced disappearances of people, intimidations, threats mainly against Protestant people and all those who were opposed to IRA violence and/or their political aims. The Kingsmills massacre, which was a most barbaric atrocity, was part of the widespread IRA terrorist campaign and was not an isolated or sporadic act.
The last element required for a crime against humanity to be established is that the practice or policy must be tolerated or condoned by a government or a de facto authority. Initially, the practice or policy had to be that of a State, as was the case in relation to Nazi Germany. However, since the Nuremberg Tribunal, customary international law has developed to take into account forces which, although not those of the legitimate government, have de facto control over a defined territory. The authority could be an entity exercising de facto control over a particular territory without the formal status of being the government of a de jure State, or it could be a terrorist organisation . The issue that needs to be considered is whether or not the IRA had control over part or the whole of the territory of Northern Ireland. To answer that question one must examine the political aims and practice of the IRA. This terrorist organisation has always stated that they were opposed to the legal and legitimate authorities of the United Kingdom, which they wanted to eliminate. The IRA instituted itself as an authority controlling extended areas, as they demonstrated by taking control of the Bogside quarter of Londonderry in 1969. Since the beginning of the terrorist campaign, the IRA has developed as a de facto authority in Northern Ireland, ruling by fear and violence in pursuance of their political aim to destroy the recognised British authorities and eventually exercise control in their place. By means of terrorist activity, the IRA has indeed succeeded in accessing the government of Northern Ireland while maintaining the Army Council so as to retain their ability to return to widespread violence if necessary. Behind the appearance of a legitimate government, even today the IRA is exercising a de facto control over the territory of Northern Ireland.
If we apply the criteria of the developed customary international law with a clear understanding of the political objectives pursued and achieved by the IRA, the Kingsmills massacre can be described as a crime against humanity for which those responsible should be prosecuted.