Don't Mention the War: The C ourt of A ppeal, the C riminal C ases R eview C ommission and Dealing with the Past in N orthern I reland

Despite the vast transitional justice scholarship relating to prisoner release, amnesties and prosecutions when conflicts end, there is a significant gap in practice and academic literature regarding wrongful convictions. Uniquely amongst post‐conflict societies, N orthern I reland has a body for investigating miscarriages of justice, albeit one designed for ‘ordinary’ appeals. In the absence of a formal truth‐recovery process, criminal appeals are becoming a proxy for addressing the role of the state during ‘The T roubles,’ as well as remedying individual injustices. This article examines the approach of the N orthern I reland C ourt of A ppeal during the conflict. It charts the developments in its decision‐making following the cease‐fires and the establishment of the C riminal C ases R eview C ommission. It concludes that the current system is unsatisfactory as it ignores the effects of the conflict on the appeal process and offers no insights into the role of the C ourt during the conflict. Alternative models are suggested.