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Transitional Justice and the Prosecution of Political Leaders in the Arab Region

A Comparative Study of Egypt, Libya, Tunisia and Yemen

By: Noha Aboueldahab
Media of Transitional Justice and the Prosecution of Political Leaders in the Arab Region
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Published: 05-10-2017
Format: Hardback
Edition: 1st
Extent: 200
ISBN: 9781509911332
Imprint: Hart Publishing
Series: Studies in International and Comparative Criminal Law
Dimensions: 234 x 156 mm
RRP: £55.00
 

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Loren Epson

About Transitional Justice and the Prosecution of Political Leaders in the Arab Region

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'.

'Beginning with the striking image of former Egyptian President Hosni Mubarak in the docks in 2011, Aboueldahab analyzes the role of transitional justice processes in relation to the political developments of the Arab Spring. She makes a compelling case for a fundamental rethinking of those approaches to fighting impunity that have become mainstreamed in the international human rights community; this book also challenges assumptions and theories regarding the notion of 'liberalizing' political transitions. Drawing from four country contexts (Egypt, Tunisia, Libya and Yemen) this book demonstrates that human rights goals were undermined because the international community and key national actors ignored the socio-legal histories that shaped the paths and horizons of political change. This book is an important contribution to the study of international criminal law, transitional justice, and the broader field of political transition.'

Vasuki Nesiah, Associate Professor of Practice, New York University

'This very timely and perceptive study provides rigorous empirical evaluation of the post-transition prosecution strategies in the Arab region. It demonstrates both the complexity of and contrasts between the cases, but also highlights their divergence from the transitional justice field as it is generally understood. By exploring the broader political shifts and the local political dynamics of prosecutions, Noha Aboueldahab challenges common misconceptions about whose interests prosecutions serve in these contexts. In doing so, she questions the assumptions of transitional justice more broadly.'

Hugo van der Merwe, Director of Research, The Centre for the Study of Violence and Reconciliation and Editor-in-Chief of the International Journal of Transitional Justice

'In this book Aboueldahab presents an in depth empirical analysis of the dynamics of transitional justice in the Arab spring. In so doing she highlights not only the practical difficulties faced but provides an insightful commentary on some of the core tensions of transitional justice itself. The book will be an invaluable resource for those seeking to understand the successes and failures of transitional justice and its application to non-liberal transitions.'

Dr Catherine Turner, Assistant Professor, Durham Law School

Table Of Contents

1. Introduction
Significance of the Arab Regio4
Significance of Pre-transition Decisions Regarding Prosecution
The Arab Region: Rethinking Transitional Justice Scholarship
The Absence of a 'Return to a Liberal State'
The Necessity of Pre-existing Democratic Institutions
Critical Transitional Justice Literature
Socio-economic Accountability and Transitional Justice
Transitional Justice and the Arab Spring: Emerging Scholarship
Methodology
Challenges
An Expanded Definition of 'Political Leaders'
Case Selection
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
A Military-Controlled Transition
Egypt's Judicial Struggle for Independence
Other Legal Challenges to Prosecutions of Political Leaders
Popular Demands for Accountability
Prosecutions: A Scapegoating Strategy
The Socio-economic Roots of the Transition
The Role of Workers' Movements and Labour Unions
The Role of International Actors
The Role of Domestic Human Rights Civil Society Organisations
Conclusion
Triggers
Drivers
Shapers
3. Tunisia
The Prosecution of Political Leaders in Pre-transition Tunisia
The Baraket Essahel Case: The Prosecution of Abdallah Qallel
The Case of General Habib Ammar
The Khaled Ben Saïd Case
Content and Extent of Prosecutions in Post-transition Tunisia
A Transition Muddled by the Anciens Nouveaux
Workers' Movements and Labour Unions: The Leading Role of the UGTT
Legal Challenges
The Role of International Actors
The Role of Domestic Civil Society
Conclusion
Triggers
Drivers
Shapers
4. Libya
Case 630/2012-The Trial of 37 Former Members of the Gaddafi Regime
The Prosecution of Political Leaders in Pre-transition Libya
The Search for Accountability for Abu Salim
Politicised Courts and the Prioritisation of 'Security'
Content and Extent of Prosecutions in Post-transition Libya
A Weak Judiciary Under Threat
The Role of International Actors
The Role of Domestic Civil Society
Conclusion
Triggers
Drivers
Shapers
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
Triggers
Drivers
Shapers
6. Reckoning with Transitional Justice
Egypt
Tunisia
Libya
Yemen
Non-paradigmatic Transitions
Whose Transitional Justice?
Domestic and International Advocates of Competing Visions of Transitional Justice
Limited Accountability and Foregrounding Social Justice
The Content and Extent of Decisions Regarding Prosecution: A Recap
Rethinking Transitional Justice Theory and Practice
The Legacy of Deep State Institutions
Morocco: Transitional Justice for a Quasi-transition?
Conclusion
7. Conclusion

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