Transitional Justice and the Prosecution of Political Leaders in the Arab Region

Noha Aboueldahab is Visiting Fellow at the Brookings Doha Center.

• 1. Introduction Significance of the Arab Regio4Significance 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 TransitionThe 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

Beginning with the striking image of former Egyptian President Hosni Mubarak in the docks in 2011, Aboueldahab analyzes the role of transitional justice processes in relation to the political developments of the Arab Spring. She makes a compelling case for a fundamental rethinking of those approaches to fighting impunity that have become mainstreamed in the international human rights community; this book also challenges assumptions and theories regarding the notion of ‘liberalizing’ political transitions. Drawing from four country contexts (Egypt, Tunisia, Libya and Yemen) this book demonstrates that human rights goals were undermined because the international community and key national actors ignored the socio-legal histories that shaped the paths and horizons of political change. This book is an important contribution to the study of international criminal law, transitional justice, and the broader field of political transition.