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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

Transitional Justice and the Prosecution of Political Leaders in the Arab Region: A Comparative Study of Egypt, Libya, Tunisia and Yemen

Author: Noha Aboueldahab
Publisher: Hart Publishing
ISBN: 9781509911332

Published In: October 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509936403

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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, and saw criminal prosecutions in the Arab region take centre stage in the pursuit of transitional justice.

Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book presents a critique of mainstream transitional justice theory. The theory is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where measures - often legal - are taken to address atrocities committed during the prior regime. It is guided by two principal questions: First, what trigger and driving factors led to the decision to prosecute and 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 in varied contexts by examining the factors that triggered, drove and shaped decisions regarding the prosecution of political leaders in the four case studies. The findings of this research therefore build on the growing 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 though-provoking reading for all those interested in transitional justice and the 'Arab Spring'.

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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