It must do so, however, in the context of a post-2003 state that suffers from a grave governance crisis and from competing claims for justice. occupation, “Shia” militias, and the Islamic State (IS) group. Any inclusive transitional justice process today would need to take into account abuses committed by multiple perpetrators, including Saddam Hussein and his regime, the U.S. From the way justice was pursued to the way reparations were disbursed, Iraq’s approach exacerbated divisions and unwittingly contributed to the rise of militias and extremist groups. Policies that were adopted to address violations committed during Saddam Hussein’s dictatorship did not heal, but rather fueled new cycles of violence.
Iraq’s failed approach to transitional justice post-2003 illustrates the dangers of tackling the past without addressing the present. This means that transitional justice efforts need to address past as well as ongoing traumas. In practice, most transitional justice efforts in the MENA region take place in countries where a transition has not yet occurred or where conflict is still ongoing. Transitional justice is meant to connect the present to a turbulent past and, like good therapy, allow societies to heal by addressing past traumas. When past and present compete for attention Two fundamental questions emerge: (i) how to reconcile past and current claims and (ii) how to accommodate ever-changing sources of legitimacy, given the increasing hollowness of state structures in the region.
Here, I highlight the need for further research on transitional justice processes in the MENA region, with a focus on recent years of upheaval. The challenges are immense and there are no easy answers. On another level, there is the question of what sort of transitional justice processes and institutions can deal with the past, while also being able to adapt to an ever-shifting present. On one level, there is the question of whether a society can start addressing the traumas of the past while simultaneously dealing with new traumas, often caused by new actors. But is this assumption still valid in the MENA region? Are existing transitional justice efforts succeeding in laying the groundwork for a better future, or are they being washed away by new rounds of violence and repression? The issue is both conceptual and pragmatic.
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