Transitional Justice and the Prosecution of Political Leaders in the Arab Region: A Comparative Study of Egypt, Libya, Tunisia and Yemen (Studies in International and Comparative Criminal Law)

The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the ‘Arab Spring’. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice. Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the ‘Arab Spring’. Volume 15 in the series Studies in International and Comparative Criminal Law Présentation de l'éditeur : "The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice. Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'." The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice. Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.-- Provided by Publisher Acknowledgements Contents 1 Introduction Significance of the Arab Region Significance of Pre-transition Decisions Regarding Prosecution The Arab Region: Rethinking Transitional Justice Scholarship Methodology Structure of the Book Conclusion 2 Egypt Summary of Post-2011 Prosecutions The Prosecution of Political Leaders in Pre-transition Egypt Content and Extent of Prosecutions in Post-transition Egypt The Socio-economic Roots of the Transition The Role of International Actors The Role of Domestic Human Rights Civil Society Organisations Conclusion 3 Tunisia The Prosecution of Political Leaders in Pre-transition Tunisia Content and Extent of Prosecutions in Post-transition Tunisia The Role of International Actors The Role of Domestic Civil Society Conclusion 4 Libya Case 630/2012—The Trial of 37 Former Members of the Gaddafi Regime The Prosecution of Political Leaders in Pre-transition Libya Content and Extent of Prosecutions in Post-transition Libya The Role of International Actors The Role of Domestic Civil Society Conclusion 5 Yemen The Prosecution of Political Leaders in Pre-transition Yemen The Decision Not to Prosecute in Yemen An Ambiguous Transition, Civil Society and Navigating the GCC Initiative 'A Different Kind of International Intervention': Geopolitics and the Role of International Actors Legal Challenges and a Weak Judiciary Content and Extent of Decisions Regarding Prosecution Conclusion 6 Reckoning with Transitional Justice Egypt Tunisia Libya Yemen Non-paradigmatic Transitions Whose Transitional Justice? Limited Accountability and Foregrounding Social Justice Morocco: Transitional Justice for a Quasi-transition? Conclusion 7 Conclusion Index