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The Irish Civil War: Law, Execution and Atrocity By Sean Enright Rating: 4 out of 5 stars 4/5 (1 rating). About this ebook

During the Irish Civil War, eighty-three prisoners were executed after trial by military court.

The Irish Civil War: Law, Execution and Atrocity explores the pressures that drove the provisional government to try prisoners for arms offences by military courts, and how, at a time of great crisis, the rule of law evaporated and the new policy morphed into reprisal executions.More than 125 further prisoners were killed in the custody of the state: kidnapped and shot; tied to landmines and blown up; shot after surrender, ‘trying to escape’ or even killed under interrogation. These men were killed because they were anti-treaty fighters or because they were suspected of involvement or sympathy with the anti-treaty cause. In the heat of civil war, the inquest system became part of the battle ground where the emerging state connived at the suppression of evidence and turned a blind eye to perjury and cover-up. At the end of the Civil War, there were 3,000 dead, over 10,000 wounded, 13,000 interned, and many more forced into migration. And in this period of great crisis, the bedrock of law itself had been shattered. This dark, secret corner of Irish history, whose bitter legacy affects society to this day, is uncompromisingly exposed in The Irish Civil War: Law, Execution and Atrocity. Include references relating to Michael Comyn KC. Skip carousel European History

Michael Comyn KC role

Michael Comyn KC was a prominent Irish barrister and King’s Counsel during the Irish Civil War (1922–1923). In The Irish Civil War: Law, Execution and Atrocity by Sean Enright, Comyn is noted for his legal representation of Erskine Childers, a key anti-treaty figure executed by the provisional government. Comyn made a “valiant effort to secure a writ of habeas corpus” to challenge Childers’ detention and trial by military court, highlighting his role in opposing the government’s use of emergency powers and extrajudicial measures. Despite his efforts, the application was unsuccessful, reflecting the erosion of legal norms during the conflict. Comyn’s involvement underscores his significance as a defender of legal principles amid the war’s chaos. For further details, consult historical legal records or the National Archives of Ireland.

Sean Enright has written another book on Military Courts and refers to further cases by Michael Comyn KC. Have you any details.

Sean Enright authored The Trial of Civilians by Military Courts: Ireland 1921, which examines the British military courts established under martial law during the Irish War of Independence (1919–1921). This book provides context for Michael Comyn KC’s legal activities, as it discusses cases where civilians were tried by military tribunals, some of which Comyn was involved in. Specifically, the book references Comyn’s role in the case In Re. Clifford and O’Sullivan (1921), where he represented two of 42 men sentenced to death by a military tribunal for possession of arms. Comyn, alongside his brother James and other counsel, pursued an innovative legal strategy by applying for a writ of prohibition, arguing that the military court lacked jurisdiction. This application was a bold attempt to challenge the legality of the military courts. However, the case was dismissed by Mr. Justice Powell, and the appeal failed in the Court of Appeal, which ruled that no appeal was permissible under the Supreme Court of Judicature Act, 1877. The case reached the House of Lords, where Comyn was led by Sir John Simon KC, but the preliminary objection was upheld, and the appeal was dismissed on June 16, 1921.

While The Irish Civil War: Law, Execution and Atrocity mentions Comyn’s efforts to secure a writ of habeas corpus for Erskine Childers during the Irish Civil War (1922–1923), The Trial of Civilians by Military Courts: Ireland 1921 focuses on his earlier work during the War of Independence. No additional specific cases involving Comyn are detailed in the provided sources for Enright’s 1921 book, but it broadly covers the military court system, noting that the upper tier tried 128 people, with 37 death sentences (14 executed) and many others receiving long prison terms. Comyn’s involvement in such cases reflects his active defense of republican prisoners against the military justice system.

For further details, you may consult The Trial of Civilians by Military Courts: Ireland 1921 by Sean Enright or explore legal archives, such as those at the National Archives of Ireland, for records of Comyn’s cases. If you have specific cases or details in mind, please provide them, and I can search for more targeted information.

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