''Lawless v Ireland'' (1957–61) was the first international court case decision that involved the interpretation of international human rights law and the first one filed against a country. It was referred to the

European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...

and the judgement by that court was its first. The case was filed by Gerard Richard Lawless, who had been an

IRA Ira or IRA may refer to: *Ira (name), a Hebrew, Sanskrit, Russian or Finnish language personal name *Ira (surname), a rare Estonian and some other language family name *Iran, UNDP code IRA Law *Indian Reorganization Act of 1934, US, on status of ...

member, although he claimed to have left the IRA. He was arrested on 11 July 1957, as he was about to travel to

Great Britain Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It is ...

from

Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...

, and subsequently detained under the special powers of indefinite detention without trial under the Offences against the State (Amendment) Act 1940. The case was filed by Lawless for violation, by the Irish Government, of Articles 5, 6 and 7 of the European Convention of Human Rights, providing rights to liberty and security, fair trial and the principle of 'no punishment without law'. The Offences against the State (Amendment) Act 1940 was introduced by the Irish government as a response to a sabotage campaign initiated by the IRA in January 1939. Lawless was an IRA member and had been arrested in 1956 after guns and other weapons were found in

County Leitrim County Leitrim ( ; gle, Contae Liatroma) is a county in Ireland. It is in the province of Connacht and is part of the Northern and Western Region. It is named after the village of Leitrim. Leitrim County Council is the local authority for the ...

; he was subsequently tried and acquitted, but later charged and convicted and sentenced to a month's imprisonment for possessing maps for attacks on British posts on the border between Ireland and

Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...

, and possessing documents advocating guerilla attacks on British officials and property; however he was acquitted by the same court on the charge of being a member of the IRA. Lawless was detained under emergency legislation on his third arrest. The Irish government's case was presented by the then

Attorney General of Ireland The Attorney General of Ireland ( ga, An tArd-Aighne) is a constitutional officer who is the legal adviser to the Government and is therefore the chief law officer of the State. The attorney general is not a member of the Government but does pa ...

, Aindrias Ó Caoimh, while Lawless was represented by

Seán MacBride Seán MacBride (26 January 1904 – 15 January 1988) was an Irish Clann na Poblachta politician who served as Minister for External Affairs from 1948 to 1951, Leader of Clann na Poblachta from 1946 to 1965 and Chief of Staff of the IRA from 193 ...

. The case was dismissed because emergency legislation was used. The verdict was handed down on 14 November 1960.

References

{{Reflist

External links

''Lawless v. Ireland'' judgement (merits)
European Court of Human Rights cases involving Ireland Article 5 of the European Convention on Human Rights Article 6 of the European Convention on Human Rights 1961 in case law