Due Process and Accountability Under Transitional Justice: Evidence from Mosul, Iraq

Abstract

Do citizens care about due process rights when holding insurgent groups accountable for violence? We examine public perceptions of justice and fairness in judicial proceedings brought against suspected Islamic State (ISIS) militants and their supporters in Mosul, Iraq. We conducted a survey of Mosul residents and people in ISIS-affiliated displacement camps outside Mosul to evaluate public support for detainee due process rights. Using a trial and punishment survey experiment, we find that Mosul residents, while favoring capital punishment for ISIS involvement, are also sensitive to procedural due process rights of the accused. People with self-reported ISIS affiliations, in contrast, are more concerned with substantive due process, and do not see capital punishment outcomes as fair, regardless of procedural considerations. Although rebel group sympathizers and opponents have clashing perspectives on what constitutes equitable punishment for participation in insurgency, both recognize the importance of due process rights to long-term peace and security.