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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 (eBook)


ISBN13: 9781509911349
Published: October 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £26.09
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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'.

Subjects:
Other Jurisdictions , eBooks, Middle East
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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