تقويم آليات العدالة الإنتقالية في العراق (دراسة نقدية)

Abstract

Transitional justice is one of the most important factors for the political stability of countries. Especially in countries whose political system is going through a stage of transition from a state of grave violations of human rights to a stage of commitment to the protection of human rights, or countries that are exposed to political and economic crises that force them to go through transitional stages. Among these experiences stands out the experience of transitional justice in Iraq, which began since the United States occupied Iraq in 2003, passed through several stages, adopted several mechanisms, and established many institutions and laws that took upon themselves the achievement of the goals of transitional justice, and were directly or indirectly reflected on the political process in Iraq. In view of the above, a number of questions are raised, perhaps the most prominent of which are: What are the mechanisms of transitional justice that were applied in Iraq after 2003? Were these mechanisms able to achieve the goals of transitional justice? In order to study this problem, The research stems from the hypothesis that “the implementation of transitional justice mechanisms in Iraq after 2003 was carried out in a selective manner that lacks transitional justice standards, and the achievement of national reconciliation, due to the different goals and orientations of the political elites in Iraq and their external connections, which led to the failure of transitional justice in Iraq.” The most important results of this study were; It is not to benefit from the international experiences of transitional justice, especially the models closest to Iraq, such as South Africa, and to seek the assistance of experts in the field from those countries that share with Iraq the past of dictatorial rule and division on racial grounds.