ABSTRACT
Every legal dispute involves some element of history and storytelling, but the cases related to the Chagos Islanders are particularly historical and historicised. The history of the Chagos Islanders has been told and re-told by a wide variety of lawyers and judges, in private law and public law hearings, in domestic, regional and international tribunals. The version of the history which is adopted has a fundamental influence on the decisions reached. This contribution looks at how history can influence the interpretation and application of human rights law, from the official history of the UK government, the community history of the Chagossians, and the counter history produced by archival research. It offers both discussion of different types of historical methodology and an original critique of the use of history in this series of cases. In conclusion, the author argues that it was this complex history which led the European Court of Human Rights to find the case beyond its jurisdiction, and that the complexities of history may inevitably be beyond human rights law’s capacity for justice.
