Abstract

How will subpoenas for Boston Colleges sealed Irish Republican Army (IRA)
oral histories affect future attempts to archive the Troubles and armed conflict in
general? To answer this question, the author examines the long-term
implications of subpoenaing Boston Colleges Belfast Project, arguing that the
subpoenas present a case study of the little-recognized preservation hazard of
silenced or uncreated records. The author situates the case within the context of
the two types of wartime preservation hazards: the destruction or obfuscation of
extant record and the silencing of records that otherwise would have been
created. In order to show the subpoenas grave implications on the archives
mission to record the full story of the Troubles for future generations, the article
places the Belfast Project within the context of other Northern Irish and
international archival projects. Ultimately, the author intends to demonstrate the
relevance of the case to archivists, arguing that the Boston College subpoenas
pose a preservation risk as hazardous as any fire or explosion by threatening to
silence records that otherwise would have been created and thereby creating
irreparable holes in the historical record of the Troubles.
Keywords

Boston College Subpoenas; Belfast Project; archives; silence; preservation;
armed conflict; Troubles; Northern Ireland; oral history.


2
*
Northern reticence, the tight gag of place
And times: yes, yes. Of the wee six I sing
Where to be saved you only must save face
And whatever you say, you say nothing
Seamus Heaney, North
i



Talk could be deadly during the Troubles, especially in the Catholic
neighborhood of Divis Flats, where Jean McConville and her children lived.
ii
Of
the 3,709 people killed during the three decades of sectarian violence, the tragic
circumstances surrounding her execution as an alleged agent for British military
intelligence continues to haunt a traumatized nation.
iii
Although the Irish
Republican Army (IRA) executed McConville in 1972, her case remains
unresolved more than four decades later. Detailed, first-hand information
concerning her murder only became available under the auspices of a relatively
recent groundbreaking oral history endeavor called the Belfast Project. Brendan
Hughes, a Provisional IRA leader at the time, spoke about the IRA disappearance
of the widowed mother of ten for the first time in a Boston College-sponsored
oral history project:
I knew she was being executed. I didnt know she was going to be
buriedor disappeared as they call it now. I know one particular person
on the Belfast Brigade at the time, Ivor [Bell], argued for [her] to be shot,
yes, but to be left on the street. Because to take her away and bury
herwould serve no purpose people wouldnt know. So looking back on
it now, what happened to herwas wrong.
iv


Like all IRA and Loyalist men and women interviewed by the Belfast Project,
Hughes was assured by Boston Colleges researchers that no material could be

*
This is an Author's Accepted Manuscript of an article published in Archives and
Records, Spring 2014[copyright Taylor & Francis],
available online
at: http://www.tandfonline.com/doi/full/10.1080/23257962.2013.859573

Coiiesponuence to }ames King. Email: }AK221pitt.euu


S
used until and unless the interviewee consented or had died.
v
The Belfast Project
sealed oral histories until the contributors death because, in the words of
historian and journalist Chris Bray, frank discussion about armed civil conflict
could get interviewees killed or arrested.
vi
The College honored the contract
for Hughes, who died in 2008. But federal subpoenas for the complete oral
histories of Hughes, Dolours Price, and any other IRA recordings with
information concerning McConvilles murder instigated a lengthy court battle
extending over two years, which only recently attained some level of resolution.
Although all parties concerned assumedly seek resolution for the 2,000 some
unsolved murders during the Troubles, efforts to prematurely unlock the archive
might paradoxically deepen the secrets of the Troubles by chilling present and
future projects to retrieve previously unheard voices.
vii

While some academic and political communities were quick to speak out
about the cases far-reaching cultural and legal implications, archivists have been
slow to acknowledge the potential repercussions of the Boston College
subpoenas.
viii
Christine George has proven the exception by raising awareness
throughout the community in part through the publication of a critical article
exploring the future legal and ethical implications of the court case.
ix
Like
George, I intend to argue that the fate of the Belfast Project directly affects the
archival community. My approach differs from hers, however, by examining the
case through a preservation lens. More specifically, I will analyze how the
subpoenasand the inevitable distrust and entrenchment they will engender
threaten to determine how present and future conflicts are, or are not,
preserved.
x



4
In particular, the Belfast Project subpoenas provide a case study of the
specific and often unnoticed preservation hazard of silenced or uncreated
records. Although archivists have long been charged with locating and
addressing marginalized individuals and groups who have been silenced from
the historical record, it has often been in the context of remedying unequal
distributions of power. Rodney G.S. Carter, for instance, examines the dynamic
between power and archival silences, pointing out the archives potential to
bridge these silences and keep overlooked voices from ultimately disappear[ing]
from history.
xi
In terms of the potential for silence to distort and limit the
historical record of conflicts, however, the archival literature has largely failed to
consider wars lingering potential to stifle record creation and inhibit those who
would give voice to turbulent times. I begin my argument by locating this often-
overlooked threat within the broader scope of archival literature regarding
wartime destruction of historical records and archives. In order to show the
grave implications of compromising the archives mission to record the Troubles
and, therefore, contribute to a greater understanding of the conflict, I also place
the Belfast Project within the context of other Northern Irish archival projects and
analogous conflict situations in other countries. I intend to demonstrate the
relevance of this case to archivists by arguing that subpoenaing the Belfast
Project poses a preservation risk as hazardous as any fire or explosion,
threatening to silence records that otherwise would have been created and
thereby creating irreparable holes in the historical record of the Troubles.

Silenced Records


S
The literature on archival preservation tends to envision conflict in the
guise of obvious preservation risks, such as fire, looting, or other forms of
intentional or collateral damage. History provides countless examples of how
wars past and present destroy cultural heritage and fragment the historical
record. The Library of Alexandria, for instance offers what James Raven calls the
standard parable of flames devour[ing] truth and memory in the form of a
lost library [that] might have contained a written, real truth.
xii
The last century
has only compounded the sense of loss Alexandria embodies. The incineration
of Chinas Hanlan Library during the Boxer Rebellion of 1900 began an
unparalleled century of cultural destruction that included the ravages seen
during the First World War and the Second World War, the Nazi book burnings
of May 1933, the purging of libraries in Asia, and the destruction of collections in
the Balkans.
xiii
Of course, cultural devastation continues into the 21st century
as witnessed by recent and continuing conflicts in Africa and the Middle East
creating an urgent preservation challenge for archivists both in the affected
region and in the greater international community. Ethics complicate the
preservation challenge, as todays archivists frequently face what Professor
Douglas Cox, referred to as far from theoretical instances where a choice must
be made between the greater good of preservation and the interests of their own
government.
xiv

Naturally, archives are more than four walls and a ceiling, and too often
regimes target and distort the historical record itself. As Richard Cox and David
Wallace note in their introduction to Archives and the Public Good, It is records
power as sources of accountability that is for us their most salient feature, a
feature that often brings them into daily headlines or into the courtroom.
xv
As


6
essays in that volume and elsewhere show, politically oppressive regimes erase
the record of their accountability in attempts to skirt justice. Whereas East
Germanys secret police, the Stasi, shredded incriminating files once the Berlin
Wall fell, South Africas apartheid government preferred furnaces for their
systematic destruction exercises of evidence before the introduction of Nelson
Mandelas post-apartheid government.
xvi
As a South African archivist at the
time, Verne Harris experienced first-hand how political upheaval threatens the
archival record: In imposing apartheid ideology, the state sought to destroy all
oppositional memory through censorship, confiscation, banning, incarceration,
assassination, and a range of other oppressive tools.
xvii
Though sadly not the
only examples, apartheid South Africa and East Germanys Stasi provide well-
known, dramatic instances of how conflict mars, and in some cases eradicates,
portions of the historical record.
The Troubles in Northern Ireland, however, exemplify a less detectable
but equally insidious threat to the archival record: silence. In this instance the
archival crisis has not been the records shredded or burned but rather those that
were never created. It seems entirely appropriate that, as Maurice Punch of the
Manheim Centre of Criminology states, a conflict dominated by clandestine and
secretive insurgent movements and a counter-insurgency campaign with covert
units, dirty tricks and disinformation would provide the ideal case study for a
preservation hazard predicated on silence.
xviii
In collecting the stories of its
residents, Belfasts Ardoyne community describes how a population becomes
silenced:
Foi many yeais theie has been a ieticence to uiscuss fully anu publicly
events anu issues that have toucheu on many aspects of the conflict. In laige


7
pait this is a piouuct of a 'seciecy is suivival' mentality. That was the
consequence of subjecting communities like Aiuoyne to extieme levels of
state suiveillance anu psychologically uestiuctive countei-insuigency
stiategies.
xix


Some archival undertakings have sought to break these silences by performing
what cultural historian Graham Dawson refers to as subvert[ing] the framework
of official memory, forcing a reexamination of the past and raising difficult
questions.
xx
The Ardoyne Commemoration Project (ACP), for example, sought
to reclaim their communitys previously distorted narrative through publishing a
remembrance of those lost in the conflict as told by those who knew them.
xxi

While such piojects have succeeueu in giving voice to pieviously silenceu histoiical
countei-naiiatives, there remains the more fraught issue of capturing the
historical record of those who arguably remain most entwined in the Troubles
silences: the paramilitaries themselves.
xxii

Unlike the ACP and other Northern Irish truth-telling endeavors, the
Belfast Project solicited and archived previously unheard voices of IRA and
Loyalist combatants, thereby breaking some of the historical silences of the
Troubles.
xxiii
Due to the size of the country and the nature of the conflict,
paramilitary forces clashed in the shadows, navigating a complex web of
informers, spies, and trapsor, as the old IRA saying simply put it, a place
where the darkest place is under the light.
xxiv
According to Boston Colleges
courtroom testimony, IRA paramilitaries who broke this code of silence by
participating in the Belfast Project risked punishment by death.
xxv
Obviously, the
success of any project predicated on potentially endangering its participants
would depend on earning trust and guaranteeing confidentiality and control.
Christine George puts the issue succinctly: For some oral histories,


8
confidentiality might not be an issue; however, when testimonies coming from
paramilitaries concern murder, conspiracy, and accusationnot to mention the
breaking of a well-known code of silenceconfidentiality is not just important, it
is vital.
xxvi
Preserving the history contained in these stories will prove infinitely
more difficult, if not impossible, given the inevitable deleterious effects of the
Boston College subpoenas, which means that a full accounting of those three
momentous and bloody decades becomes less likely with each paramilitary
death. As Brendan Hughes told interviewer Anthony McIntyre in his final oral
history before passing away in 2008, The reason why Im doing these interviews
is because of my trust in you, no one else.
xxvii


The Belfast Project
Northern Irelands peace process presented an historic opportunity for
those seeking to understand and record the conflict. The possibility of an end to
the violence ushered in a wave of storytelling projects wherein both individuals
and their communities could remember, reflect on, and share their experiences
during the Troubles. As Graham Dawson writes in Making Peace with the Past,
The paiamilitaiy ceasefiies of 1994 amelioiateu the climate of feai, anu as the
psychological piessuie of uealing with the uniemitting anu compounuing impact of
violence abateu, beieaveu people finally founu time to mouin losses, often sustaineu
yeais oi even uecaues eailiei, when 'giief was suspenueu' oi suppiesseu in oiuei to
cope.'
xxviii
Two examples of the numeious piojects that followeu the ceasefiie weie
An CiannThe Tiee, which gatheieu thousanus of peisonal accounts of the Tioubles,
anu the Pat Finucane Centei foi Buman Rights anu Social Change (PFC).
xxix
The PFC


9
was iooteu in a paiticulai geogiaphical space anu theiefoie ieflects the political
views anu conceins of its community. Besciibing the PFC, Bawson wiites, 'In
nationalist Beiiy, the PFC, with its aichive (itself a kinu of memoiy-bank of the
conflict) anu links to othei human iights oiganizations, pioviueu a locus foi histoiy-
making to unueimine the official stoiy of Bloouy Sunuay anu to builu the countei-
memoiy of injustice.'
xxx
As peace walls anu othei physical manifestations of
sepaiation attest, Belfast anu othei paits of Noithein Iielanu iemain heavily
segiegateu by communitytheieby limiting the scope of the PFC anu othei
community-baseu aichival appioaches.
xxxi
In many iespects, howevei, these
limitations also piove stiengths, incieasing the likelihoou of paiticipation by
cieating a comfoitable, familiai space foi those within the community to speak.
Alongside local grassroots efforts, academic institutions have provided
another, equally fruitful, means for recording the Troubles. Often these projects
seek to combine community efforts in order to capture the broad scope of the
conflict, with perhaps the most innovative being the University of Ulsters web
resource, the Conflict Archive on the Internet (CAIN). Initiated in 1996, CAIN
consists primarily of three types of material: first, material written and edited by
members of the project team; second, articles contributed specifically for CAIN
by external sources; and, third, material that has been previously published
elsewhere.
xxxii
Recent additions have included visualizations of data related to
the Troubles and digital versions of public records held by the Public Record
Office of Northern Ireland (PRONI).
xxxiii
By harnessing cutting-edge technologies,
CAIN and like-minded projects provide new and exciting perspectives on how to
archive, represent, and understand the Troubles.


1u
Other, more traditional, types of archives have also successfully
documented the Troubles. Belfasts Linen Hall Library hosts perhaps the most
well known example in its Northern Ireland Political Collection. The collection
consists of 250,000 items representing a diverse range of perspectives and
materials dating from 1966 to the present, which provides a unique resource to
the people of Northern Ireland and all those seeking to understand the Troubles.
The archive prides itself on collecting without fear or favour: The Collection is
a unique resource; no other institution in a localized conflict has systematically
collected material from all sides. Much less has it been done in the field and
often literally across the barricades.
xxxiv
It collects with what it calls an engaged
neutrality that accommodates multiple perspectives rather than shying away
from controversial subjects and materials.
xxxv

The Burns Library, across the Atlantic at Boston College, responded with a
similar ethos of archival engagement. It was there that the Belfast Project was
conceived in the wake of 1998s Good Friday Agreement:
The idea for the Belfast Project originated when Boston College Librarian
Robert ONeill approached historian Paul Bew while he was a visiting
professor at Boston College in 1999 and 2000 about the possibility of
creating some sort of historical record of the Troubles. When Bew
returned to Belfast he contacted Moloney, an Irish journalist who has
written extensively about the conflict, who proposed an oral history
[]
xxxvi


Whereas other projects had sought the oral histories of political leaders and
civilian victims, the Belfast Project looked to record those paramilitary
combatants from the early days of the Troublesa generation that was
beginning to pass away. As Moloney explains in the introduction to Voices From
the Grave the first and as yet only book resulting from the projectThe
purpose of the Boston College-Burns Library Archive was to collect a story of the


11
Troubles that otherwise would be lost, distorted or rewritten, deliberately by
those with a vested interest, or otherwise by the passage of time or the distortion
wrought in the retelling.
xxxvii
Moloney oversaw two interviewers who possessed
both the academic knowledge and political connections to interview members
from the two opposing forces of the republican IRA and Irish National Liberation
Army (INLA) organizations and the loyalist Ulster Volunteer Force (UVF) and
Progressive Unionist Party (PUP) communities. Anthony McIntyre, a
Ballymurphy Republican with a Ph.D., interviewed the IRA and INLA
participants, while Wilson McArthur, a Shankhill Road, former PUP activist and
a political science graduate of Queens University, Belfast, interviewed Loyalists
participants.
xxxviii
McIntyre and McArthur recorded interviews on broadcast-
quality digital tape, while a third party, Michelle Millar, transcribed them in
County Antrim and sent them by encrypted e-mail to Moloney for editing and
indexing.
xxxix
All interview tapes and transcripts subsequently were archived by
Boston Colleges John J. Burns Library of Rare Books and Special Collections,
which sponsored the Project as an extension of its long-standing relationship
with the region and substantial Irish and Northern Irish collection.
xl
Following
the deaths of two major contributorsBrendan Hughes of the IRA and David
Ervine of the UVFMoloney published the intended first fruit of the project.
xli

In Voices from the Grave, Moloney writes that he envisioned a project large
in scope, inspired by and modeled on the Irish governments Bureau of Military
History.
xlii
Undisclosed for forty-five years, the Bureau of Military History
worked from 1947 to 1957 collecting accounts from participants in Irelands
revolutionary activity leading up to independence in 1921. A vast archive of
1,773 witness statements totaling 36,000 pages of evidence, the Bureaus oral


12
histories offer present-day historians unprecedented access to a nation-wide
span of accounts of life in flying columns and the day-to-day activities and
operations of the IRA.
xliii
Like the Bureau, Moloney hoped to capture the stories
of those active in a historically significant Irish conflict before their voices were
lost to time. Unfortunately, Moloney did not enjoy the Bureaus luxury of
waiting until enough time had passed to cool the passions that earlier had
almost certainly helped to seal lips.
xliv
To record participants in the Troubles, the
Belfast Project would have to wade into untested legal waters boiling with thirty-
years worth of sectarian violence.

The Boston College Subpoenas
xlv

The peril of this type of archival project manifested itself in May 2011,
when the Federal Government subpoenaed Boston College for the notes and
audiotapes of two IRA operatives potentially implicated in the murder of Jean
McConville. Although the subpoenas remain sealed, the order undoubtedly
originated from the British Government acting on behalf of the Police Service of
Northern Irelands (PSNI) Historic Enquiries Team (HET), which investigates
unsolved murders from the Troubles.
xlvi
The Teams mandate to re-examine all
deaths attributable to the security situation in Northern Ireland during the
period 1958-98 (currently estimated at some 3,268) by pursuing any and every
means for accumulating evidence pertaining to ongoing cases meant that the
Belfast Project presented an obvious target.
xlvii
The United States honored the
British requests because of the international Mutual Legal Assistance Treaty
(MLAT), which obligates signatories to assist each other in international police
investigations.
xlviii
The Burns Archive released Hughess materials, as he was no


1S
longer living, but they moved to quash the subpoena for Dolours Prices
audiotapes in order to honor their agreements with participants. Prices oral
histories would prove particularly politically divisive given their potential
implication of Gerry Adams, Sinn Fin president and elected TD of Dil ireann,
in the murder of Jean McConville.
A second round of subpoenas arrived in August 2011. In what
Criminology professors Ted Palys and John Lowman termed a fishing
expedition, this set of subpoenas sought any and all IRA interviews and
materials that contained information concerning the murder of Jean
McConville.
xlix
Unhappy with how Boston College was handling the matter
and presaging the bitterly contentious relationship between the two parties
Moloney and McIntyre sought their own legal council and filed a motion to
intervene.
l
In December 2011, the Massachusetts District Court ruled against
Boston Colleges motion to quash the subpoena and ordered that the relevant
material be submitted to the judge.
li
Boston College chose not to request a stay
from the Court of Appeals, and instead, according to Palys and Lowman,
delivered the entire republican archive so that the Judge could decide in camera
which material he thought was relevant.
lii

Outraged that Boston College would not continue the legal battle,
Moloney and McIntyre proceeded to appeal on their own. Representing
Moloney and McIntyre in court, Eamon Doran argued that releasing the oral
histories put his clients at risk of physical harm, as well as threatened the former
paramilitaries who were interviewed, and the peace process itself. and that it
would have a chilling effect on future history projects.
liii
Palys and Lowman offer
a succinct account of Moloney and McIntyres legal efforts:


14
In contrast to Boston College, the researchers moved quickly to appeal the
negative decision regarding their motion to intervene, and to activate a
protective order that would stay production of materials responsive to
the Commissioners subpoena at issue, pending the outcome of their
appeal. When their appeal to the First District Court of Appeal for
intervener status failed, they applied for review of the negative decision to
the US Supreme Court, thereby continuing the stay order and keeping all
the interviews in the United States and out of the hands of the PSNI.
liv


Dolours Prices unexpected death in January 2013 proved a twist in the case,
which led to Boston Colleges contested attempt to vacate the court order
concerning the remaining IRA interviews.
lv
Prices materials remained protected
by a stay order until the Supreme Court declined to hear Moloneys appeal on
April 15
th
, 2013.
Most recentlyin what Moloney termed at least a partial indictment of
the whole process,the Federal Appeals Court ruled that the District Court had
abused its discretion in demanding histories unrelated to the subpoenas and as
a result drastically lowered the number of interviews to be released from 85 to
11.
lvi
By July 8,

2013 the PSNI had taken possession of Dolours Prices audiotapes.
The matter continues to resist resolution, however, as Boston College recently
disclosed that they were unable to identify some of the speakers whose oral
histories were deemed relevant to the McConville murder. Bray explicated the
matter in the July 27
th
, 2013 Irish Times:
In the archive, interview materials were marked only by a coded letter
and court documents have used that coding to discuss which of the tapes
Boston College is to provide to the Government. Among the interviewees
who discuss McConvilles death, which American courts have concluded
from a review of the material, are those known as S, Y, and Z. Nowhere,
however, does Boston College have a key that connects those coded
identities to the real identities of the interviewees.
lvii


Bray goes on to mention that Boston College also lacked donor agreements for S,
Y, and Z, which the archive had used to identify other oral histories. In the


1S
absence of identification codes and contracts, it remains to be seen what if any
assistance the oral histories claimed by the PSNI will provide to their
investigation.
Although archivists have been relatively slow to address the long-term
implications of the subpoenas, the case has galvanized some support for a legal
protection for archivists and donors through a concept referred to as archival
privilege. Aside from isolated blog posts by Christine George, the first public
statement from the Society of American Archivists (SAA) concerning the Boston
College Subpoenas came when the Government Affairs Working Group released
their findings in February 2013.
lviii
Although the statement encouraged more
discussion among the archival community, the SAA Council ultimately
concluded that it was inappropriate for the Society to take a formal position on
archival privilege at this time.
lix
In Anthony McIntyres rebuttal to the SAAs
statement, he wrote, There is so much at stake in this case for archivists that to
allow an adverse outcome to result from badly informed inaction, would be to
do irreparable harm to the art/practice of archiving and research.
lx
The SAAs
position proves particularly disappointing given the unique opportunity the case
presents for drawing international attention to the need for archival privilege. As
Harold Miller wrote in 1989 concerning the FBIs subpoena for the Braden Papers
held by the Wisconsin Historical Society: If a similar case comes before the
courts again the Society of American Archivists should not sit on the sidelines.
lxi

Building on Millers call to action more than two decades previous,
Georges recent article in the American Archivist argues, Until the archival
community understands the importance of archival privilege and works toward
its adoption, collections will be at risk.
lxii
Like the legal protection afforded to


16
journalists and others, archival privilege would enable donors to participate in
the archival project without rendering themselves vulnerable to any legal
repercussions for making their material known. As Miller states and George
echoes in regard to the Boston College subpoenas, The crux of the archival
privilege justification is also the heart of the archival communitys concern in
this case; namely that without the ability to restrict collections we will be unable
to collect, and important historical information will be lost to this and future
generations.
lxiii
In other words, archival privilege would not simply shield those
who archive, but alsoand more criticallythose whom the archive serves. In
this regard, fully understanding the stakes of the Boston College subpoenas relies
on grappling with a fundamental question: why do archives matter in Northern
Ireland?

Historical Significance
Paradoxically, the dual preservation hazards of armed conflictthe
destruction or obfuscation of extant records and the silencing of records that
otherwise would have been createdprovide the most compelling argument for
the importance of archives. In Richard Coxs exploration of the archives role as
both the product and producer in constructing war memory, he notes, in
destroying archives, deliberately or accidentally, we see another way in how we
value archives.
lxiv
By adapting the paradox to the Belfast Project case, the
Projects value to Northern Ireland and the chronicling of political conflicts in
general become clearest when contemplating its demise. The repercussions of
the subpoenas are widespread and dire, impacting cultural, historical, political
and even legal concerns in ways beyond the scope of this paper. For instance,


17
Frank Murray recently published an article citing the Belfast Project as an
example of how Americas regressive legal protection of academia should be
remedied by guaranteeing a legal researchers privilege.
lxv
One cornerstone of
Murrays argument applies just as well to those concerned with preservation:
the present U.S. courts have opted for an incredibly shortsighted view that the
free flow of information in this case would experience no harm because the
Belfast Project itself had stopped conducting interviews.
lxvi
Though this project
may have ended, the greater project of recording and understanding the
Troubles is only beginning, and the courts handling of the case will inevitably
detour future projects seeking to record the voices of conflict. As Bray succinctly
observes, Turn scholarship into a police instrument, and scholarship shrivels
into silence.
lxvii

Lamentably, a compromised Belfast Project furthers Northern Irelands
trend towards ignoring the communitys past trauma. Patricia Lundy and Mark
McGovern, who have written extensively about Northern Irelands unsteady
transition to peace, indict the governments lack of progress towards
reconciliation:
In the last three decades truth-telling has come to be seen as a key element
of post-conflict transition in societies throughout the world. At least
twenty-four countries emerging from conflict have held some sort of
official truth-telling process, often called a truth commission. The North
of Ireland is not one of them. Indeed, the North is beginning to appear
decidedly out-of-step with other post-conflict societies because of that
absence.
lxviii


Although the scope, horror, and context of the Troubles and Pol Pots Killing
Fields vary widely, Michelle Caswells analysis of Cambodias national
amnesia speaks to a governments temptation to forget.
lxix
Responding to a
government that exhorted its citizens to dig a hole and bury the past in it,


18
Caswell celebrates the DC-CAM as an archive that filled the void of state-
sponsored forgetting by creating a space for remembering the past and bringing
those responsible to justice.
lxx
Luke Gibbonss Transformations in Irish Culture
provides a more subtle version of the temptation to forget: The historians fear,
he writes, is not simply of myth, but of history itself, particularly when it is not
easily incorporated into the controlling, seamless narratives that allow
communities to smooth over, or even to deny, their own pasts.
lxxi
While the
historical focus and necessary seal on the oral histories release limited how the
Belfast Project might contribute beyond an historical understanding of the
Troubles, it nevertheless worked to establish an historical truth, in Caswells
sense of a version of the truth that, while plural and partial, is also ultimately
pursuable.
lxxii

Although community-based and academic grassroots storytelling
projects like the previously mentioned ACP have done much to record and
preserve the voices of victims of the Troubles, the paramilitaries most embroiled
in the conflict have remained largely absent from such projects. The TRC in
South Africa had navigated this dilemma through a built-in mechanism for
inducing the perpetrators of violence to add their stories to the collective
narrative of apartheid. As anthropologist Richard Wilson relates in his study of
South African reconciliation and revenge, The amnesty hearings were a
theatricalization of the power of the new state, which compelled key actors in the
previous political conflict to confess when they would rather have maintained
their silence.
lxxiii
Without any type of amnesty for providing an account of
politically motivated violence, any paramilitaries who did share their unique
knowledge of and perspective on the Troubles were liable to face retributive


19
violence or criminal prosecution. The Belfast Project uniquely situated itself to
retrieve these seemingly irretrievable voices for future historians, as well as
potentially created what Murray termed a database of information to assist the
Irish and British governments in any potential truth and reconciliation
process.
lxxiv

Boston Colleges decision to fund and sponsor the Belfast Project
answered Ellen Swains call to step outside the archival box by embracing oral
histories and promoting the importance of depositing oral histories in the
archives.
lxxv
In the present case, the archive took the even more unorthodox step
of not just embracing the practice of oral history but also employing clandestine
techniques such as encryption in order to facilitate them. Paula Hamilton and
Linda Shopess introduction to Oral History and Public Memories explains that oral
historys value lies in terms of uncovering unknown stories or giving voice to
the unheard, the secret, making it, in effect, a form of expose or evidence where
none other is available.
lxxvi
Oral history, in the service of the Belfast Project,
preserved a unique and previously unheard record of the Troubles for future
generations, which thereby captured what Marie Smyth and Marie-Therese Fay
of the Costs of the Troubles Survey termed, the texture and depth that written
sources lack.
lxxvii

Although, of course, only time will reveal the long-term historical value of
the Belfast Project, its potential historical significance can perhaps best be gauged
by examining the contributions of its inspiration, the Irish Bureau of History. As
Moloney stated in his introduction to Voices from the Grave, The resulting
archive, while small in comparison to that compiled by the Bureau of Military
History, provides a rare and valuable resource for historians seeking to explain


2u
and understand the Troubles.
lxxviii
In essence, the Belfast Project archive sought
to provide historians the same unique combatant perspective to the Troubles that
the Bureau of Military History now offers concerning the Irish Revolutionary
Period. As Ferriter wrote when the Bureaus archive of oral histories spanning
from 1913 to 1921 finally opened to historians in March 2003, Given the volume
of the material [] it will be some time before the significance of this archive can
be absorbed fully, but an initial examination suggests it has the potential to
enhance or change our understanding of the period in a number of respects.
lxxix

The sentiments were echoed seven years on when historian, Fearghal McGarry
described how he drew from the Irish Bureau archive to write 2010s The Rising:
While the witness statements do not, for the most part, fundamentally alter our
knowledge of what occurred, they enhance our understanding of the
motivations, mentality, and experiences of the revolutionary generation,
preserving something of the texture and complexity of the past rarely recorded
by conventional sources.
lxxx
In this regard, the Belfast Project promises to
surpass its model by furthering our knowledge of previously unknown and
contested aspects of the Troubles.
Along with contextualizing the historical value of the Project, the Bureau
also presaged the inevitable obstacles to furthering the historical record within
the politically charged milieu of a post-conflict society. Although the Bureau had
sidestepped the political minefield that was the Irish Civil War by limiting
testimony strictly to events preceding 1921, Ferriter relates how it was built
uponand, at various times, beholden toa myriad of competing interest,
including professional historians, the Department of Defence, the Taoiseach,
Eamon de Valera, and the political parties of Fianna Fil and Fine Gael.
lxxxi
All


21
had a stake in the manner that the Bureau, and, therefore, future historians and
citizens would represent and remember Irelands revolutionary period.
Fortunately, since the Bureau operated under the aegis of the Irish government,
eighty-three steel boxes housed in government buildings secured the material
from 1959 until its intended release for its intended historical purpose. The
archived Belfast Project, in stark contrast, would almost immediately be coopted
into the unfinished business of the Troubles and other matters beyond the
archives control. And though the stated aims of the Belfast Project were all
historical in nature, extra-historical political, judicial, and justice concerns
irresistibly pulled the Project into their respective orbits.

Conclusion
The Belfast Project provides a case study signifying both the present
hazards of soliciting and preserving previously silenced records and the vital
need for such projects to continue. Ethically paramount to any project employing
oral history in a war-torn country is what Philippe Denis of South Africas
University of KwaZulu-Natal refers to as a moral obligation to consider the
possibility of harm as a direct or indirect consequence of his/her research.
lxxxii

Although the court ultimately gave the Belfast Project a partial victory by
limiting the number of oral histories released, any future like-minded projects
must learn from the legal precedents set here and spare their participants the
turmoil and uncertainty of a judicial challenge. Until a form of the academic or
archival privilege advocated by George, Murray, and others becomes a reality,
the preservation challenge of retrieving those voices silenced by conflict will
remain legally fraught for future projects. While future projects should therefore


22
proceed cautiously and with an emphasis on full disclosure of any potential risks
to participants, they should nevertheless continue to seek effective and ethical
means for the historically invaluable work of retrieving silenced records.
Within the secured Treasure Room of Boston Colleges Burns Library, the
audiocassettes of the Belfast Project were protected by combination code and key
entry, a Halon fire suppressant system, and other state-of-the-art preservation
and security measures.
lxxxiii
Despite their physical safekeeping and the fact that
the building rests an ocean away from Divis Flats and the streets of Belfast, the
integrity of its collection became compromised by the politics and unfinished
business of a lingering conflict. Like its model, the Irish Bureau of Military
History, the full scope of the Projects mitigation of the historical silences
surrounding the Troubles will not be known for some time, though it will likely
provide what Punch called, a large chunk of what went on in this largely
concealed area.
lxxxiv
Since the Belfast Projects contentious and ongoing legal
struggle will likely stymie similar projects in the future, it falls to the archival
community to ensure that silence does not distort and erase portions of the
historical record. Moloneys introduction to the Belfast Project declared
optimistically, One thing is certain; there is more to come.
lxxxv
Unless archivists
willingly engage the fraught political and legal dimensions of conflict, the ironic
twist of a long, bitter court case will have the last word on conflict preservation.








2S











!"#$%

i
Beaney, !"#$%, S9.

ii
The Tioubles iefeis to the most iecent manifestation of a long-stanuing
aimeu conflict in Noithein Iielanu between iepublicans woiking to ieveise
paitition thiough the cieation of a unifieu Iielanu anu loyalists seeking to iemain
within the 0niteu Kinguom. IRA (Piovisional anu 0fficial) anu Loyalist
paiamilitaiies (0vF, Reu Banu Commanuos, anu otheis) iepiesenteu the aimeu
manifestations of these competing inteiests whoalong with Biitish militaiy
foicesweie iesponsible foi continual fighting fiom 1969 to the foimal ceasefiies
of the 1998 uoou Fiiuay Agieement. The enu uate of the Tioubles is uebatable with
0glaigh na hEiieann's, a uissiuent iepublican gioup, attempt to bomb a hotel on
Naich 2S, 2u1S, pioviuing a iecent example of lingeiing violence in Noithein
Iielanu. Although a suivey of the Tioubles is beyonu the scope of this papei, see
Bew, &#'()*+, anu Walkei, . /"(0$01)( 203$"#4, foi iecent examples of publications
pioviuing a histoiy of the Tioubles.

iii
Noloney, 5"01'3, 49u.

iv
Ibiu., 12S.

v
Noloney, 5"01'3, 7.

vi
Biay, 'Boston College Subpoenas,' 1. Biay also contiibutes iegulaily to a
compiehensive anu wiuely-citeu website cuiateu by Caiiie Twomey, wife of the
Belfast Pioject's Anthony NcIntyie, that collects news iepoits anu legal iesouices
conceining the Boston College Subpoenas at
bostoncollegesubpoenawoiupiess.com.

vii
Bawson, 6)70*8 /')1', 9. 'Among these ueaths, a veiy high piopoition-
some 2,uuu cases in 2uu6-have yet to be piopeily investigateu, anu iemain
'unsolveu' in the sense that the ciicumstances of ueath have not been claiifieu anu
the inuiviuual agents iesponsible have not been iuentifieu oi calleu to account.'


24


viii
Foi examples of how othei communities have auuiesseu the case, see Teu
Palys anu }ohn Lowman, 'Befenuing Reseaich Confiuentiality,' anu Nuiiay, 'Boston
College's Befense.'

ix
ueoige's woik will be uiscusseu extensively thioughout my aigument,
paiticulaily in the sections iegaiuing the aichival iesponse to the Boston College
Subpoenas. Foi an example of hei woik, see ueoige, 'Aichives Beyonu the Pale.'

x
The iepeicussions of the Subpoenas aie alieauy being felt in that two
Loyalist paiamilitaiies, William 'Plum' Smith anu Winston 'Winkie' Rea, have taken
legal steps to have inteiviews ietuineu. Smith was quoteu as asking 'Bow can
people speak openly to give futuie geneiations the benefit of leaining anu the
chance to analyse events if theie's a constant thieat of piosecution hanging ovei
them.' Rowan, 'Loyalist Wants Tapes Retuineu.'

xi
Carler, 'Of Things Said and Unsaid,' 217.

xii
Raven, Intiouuction to 9"3$ 90:#)#0'3, S1.

xiii
Garcia, 'Deslruclion of a CuIluraI Herilage,' 364.

xiv
Cox, 'National Aichives anu Inteinational Conflicts,' 469.

xv
Cox anu Wallace, .#1%0;'3 )*+ $%' /<:(01 =""+, 4.
xvi
Baiiis, 'They Shoulu Bave Bestioyeu Noie', 21S.

xvii
Baiiis, .#1%0;'3 )*+ ><3$01', 174.

xviii
Punch, ?$)$' 50"('*1', 26.

xix
ACP, .#+"4*'@ A%' B*$"(+ A#<$%, 12.

xx
Bawson, 6)70*8 /')1', 2S7.

xxi
ACP, .#+"4*', S.

xxii
Foi an example, see Bawson, 6)70*8 /')1', 18S,which pioviues a
uiscussion of how ieseaicheis at the PFC aichive uneaitheu mateiial that fuitheieu
the }ustice Campaign.

xxiii
0thei piojects pieuicateu on paiamilitaiy oial histoiies have lookeu to
foimei IRA anu Loyalist piisonei communities. Foi examples, see 6)70*8 /')1', S,


2S

foi a uesciiption of the Eolas Pioject, anu C'1"#+0*8 6'D"#0'3, SS, foi a uiscussion of
the Coiste na n-Iaichimi (Coiste), an oiganization of Iiish iepublican ex-piisoneis.

xxiv
Coogan, A%' A#"<:('3@ &#'()*+E3 F#+')(, S2S.

xxv
&* CG@ C'H<'3$ I#"D $%' BJ #' K"("<#3 /#01'.

xxvi
ueoige, 'Aichives Beyonu the Pale,' 1.

xxvii
Noloney, 5"01'3, 294.

xxviii
Bawson, 6)70*8 /')1', 69.

xxix
Fuithei examples of victim-baseu appioaches incluue the 'Cost of the
Tioubles Stuuy' anu the Aiuoyne Commemoiation Pioject. Specifically 0nionist
examples of community tiuth-iecoveiy effoits incluue the FEAR anu FAIR piojects
along the Noithein Iiish boiuei. See 6)70*8 /')1', 261-287, foi moie infoimation
about these piojects.

xxx
Ibiu., 18S.

xxxi
NcLaughlin, C'1"#+0*8 6'D"#0'3 I#"D /"(0$01)( 50"('*1', 1SS.

xxxii
Nelaugh, 'Conflict Aichive on the Inteinet (CAIN),' 8S.

xxxiii
As stateu on its website, majoi outputs incluue uIS anu uoogle Naps of
conflict ueaths anu memoiials, a viitual euucation enviionment in ?'1"*+ 90I', shoit
viueos, anu othei iesouices. CAIN is accessible at cain.ulst.ac.uk

xxxiv
Nuiphy et al., A#"<:('+ &D)8'3, 1u.

xxxv
Ibiu., 1u.

xxxvi
Palys anu Lowman, 'Befenuing Reseaich Confiuentiality,' 274.

xxxvii
Noloney, 5"01'3, 8.

xxxviii
Ibiu., 6.

xxxix
Noloney, 5"01'3, 8.

xl
Ibiu.

xli
Noloney, 5"01'3, 8.



26

xlii
Ibiu., S.

xliii
Feiiitei, A#)*3I"#D)$0"*, 189.

xliv
Noloney, 5"01'3, S.

xlv
All infoimation in this section is accuiate as of Septembei 4, 2u1S.

xlvi
Biay, ' Subpoenas,'1.

xlvii
Lunuy anu Ncuovein, 'Telling Stoiies,' 4u.

xlviii
Ibiu., 2.

xlix
Palys anu Lowman, 'Befenuing Reseaich Confiuentiality,' 28S-286.

l
Ibiu., 287.

li
See ueoige, 'Aichives Beyonu the Pale,' anu Palys anu Lowman, 'Befenuing
Reseaich Confiuentiality,' foi a uetaileu account of the vaiious couit pioceeuings.

lii
Palys anu Lowman, 'Befenuing Reseaich Confiuentiality, 288.

liii
Cullen, 'Piosecutois Questioneu.'

liv
Palys anu Lowman, 'Befenuing Reseaich Confiuentiality,' 29u.

lv
ueoige, 'Aichives Beyonu the Pale,' 11.

lvi
Bowaiu, 'Boston College Wins a Legal victoiy.'

lvii
Biay, 'Anonymous voices.'

lviii
See ueoige, 'Blog Entiy S'anu ueoige, 'Calling Piivilege a Right.'

lix
SAA uoveinment Affaiis Woiking uioup, 'Biscussion of the Boston
CollegeIRA 0ial Bistoiy Situation.'

lx
NcIntyie, 'Response to SAA Biscussion.'

lxi
Nillei, 'Access Restiictions,' 189. The Biauen case pioviues the fiist
instance of the couits being useu to open piivate papeis in an aichive. The case
began in 1986 when Anne Biauen uenieu a iequest foi access to hei iestiicteu
papeis by the Feueial Buieau of Investigation, which subsequently leu to the papeis
being subpoenaeu anu a lengthy couit battle. Although the juuge iuleu in favoi of


27

the FBI, they nevei fully attaineu access to Biauen's collection. See Nillei, 'Access
Restiictions,' anu ueoige, 'Aichives Beyonu the Pale,' to leain moie about the case.

lxii
ueoige, 'Aichives Beyonu the Pale,' 29.

lxiii
Nillei, 'Access Restiictions,' 184.

lxiv
Cox, 'Aichives, Wai, anu Nemoiy' 1, 4S.

lxv
Similai to the concept of 'aichival piivilege,' 'ieseaichei's piivilege' woulu
shielu scholaily ieseaicheis anu theii subjects fiom unwanteu litigation. See
Nuiiay, 'Reneweu Call,' 668.

lxvi
Nuiiay, 'Reneweu Call,' 69S.

lxvii
Biay, 'Subpoenas,' 2.

lxviii
Lunuy anu Ncuovein, ' ''You 0nueistanu Again'',' SS1.

lxix
Caswell, 'Khmei Rouge Aichives,' S8.

lxx
Qtu. in Caswell, 'Khmei Rouge,' S8.

lxxi
uibbons, A#)*3I"#D)$0"*3 &* &#03% L<($<#', 17.

lxxii
Caswell, 'Khmei Rouge,' S2.

lxxiii
Wilson, 'Reconciliation anu Revenge,' 79.

lxxiv
Nuiiay, 'Reneweu Call,' 674.

lxxv
Swain, '0ial Bistoiy in the Aichives,' SS1.

lxxvi
Bamilton anu Shopes, F#)( 203$"#4 )*+ /<:(01 6'D"#0'3, viii.

lxxvii
Smyth anu Fay, eus. /'#3"*)( .11"<*$3 I#"D !"#$%'#* &#'()*+E3 A#"<:('3,
1S1.The Cost of the Tioubles Suivey was a communityuniveisity collaboiation that
inteivieweu a cioss-section of the population affecteu by the Tioubles.

lxxviii
Noloney, 5"01'3, 8.

lxxix
Feiiitei, 'Beauly Eainest,' 47.

lxxx
Ncuaiiy, C030*8, 4-S.



28

lxxxi
Ibiu., S9-4u.

lxxxii
Benis anu Ntsimane, F#)( 203$"#4 0* ) M"<*+'+ L"<*$#4, 69.

lxxxiii
Palys anu Lowman, 'Befenuing Reseaich Confiuentiality,' 282.

lxxxiv
Punch, ?$)$' 50"('*1', 117.

lxxxv
Noloney, 5"01'3, 8.
'()*("+,-./0


Aiuoyne Commemoiation Pioject. .#+"4*'@ A%' B*$"(+ A#<$%. Belfast: Beyonu the
Pale, 2uu2.

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voices.' A%' &#03% A0D'3, }uly 27, 2u1S. Accesseu August 12, 2u1S.
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L%#"*01(' "I 208%'# G+<1)$0"*, }uly S, 2u11.

Carler, Rodney G.S. 'Of Things Said and Unsaid: Iover, ArchivaI SiIences, and
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2u11): 4S1-481.

Cox, Richaiu anu Baviu Wallace. .#1%0;'3 )*+ $%' /<:(01 =""+. Westpoit, CT:
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Cox, Richaiu. 'Aichives, Wai, anu Nemoiy: Builuing a Fiamewoik.' 90:#)#4 )*+
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29


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