Letter: The Northern Ireland Protocol/Windsor Framework is a breach of international law principles - when will unionism’s leadership argue this position?

The locally-based Committee on the Administration of Justice (CAJ), together with the trade union UNISON, have drafted an open letter on the human rights violations being committed in Gaza. They opened this letter on Thursday for signatures prior to sending it to the government. In its opening paragraph, international law is referred to three times.

And, during Prime Minister’s Questions in the House of Commons last Wednesday, international law was referenced numerous times.

This is against a background chorus of arguments that the Northern Ireland Protocol/Windsor Framework is part of international law and must therefore be implemented. For example, Leo Varadkar has stated: “The Withdrawal Agreement, including the protocol, is an international agreement. International treaties have to be honoured and they trump any domestic legislation.”

However, respect for territorial integrity is a fundamental principle stated in most, if not all, relevant international treaties and, regrettably, the Northern Ireland Protocol/Windsor Framework breaches that fundamental principle. For example, a House of Lords committee stated: “EU law as set out in the annexes to the protocol applies to Northern Ireland on a dynamic basis, subject neither to UK government participation in the EU institutions, nor to consent from parliamentarians either at Westminster or Stormont.”

Yet, look at the approach of the European Union. When several former East European countries wished to join the EU, they were called upon to sign-up to respect for “inviolability of frontiers, territorial integrity of states and respect for internationally-recognised frontiers”. As the then UK foreign secretary stated, this was to help “resolve problems, especially concerning frontiers and minorities”. Unlike what governments and the EU have articulated, Northern Ireland is not unique.

When will unionism’s leadership articulate this position? When will the media challenge politicians on these issues? I have endeavoured without success to get them to do so. Thus, my deep anger at this time. I emphasise, this is not a policy of negativity or narrow-minded dogma. Importantly, I have always wished to base decisions on international law that follows practices in wider Europe. This takes any discussion away from “local” arguments and provides a focus on what issues need to be addressed. It's that simple!

Evidence demonstrates, when dealing with Northern Ireland, the UK and Irish governments and the EU act in breach of a fundamental principle of international law. When are they going to be challenged on this unacceptable position? Solutions are available that both respect international law in all its parts and also address the present concerns in Northern Ireland. This would provide a real, balanced, honourable and acceptable accommodation.

Dermot Nesbitt, ex-Ulster Unionist MLA and Stormont minister

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