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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 (Paperback)
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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 (Paperback)
Series: Studies in International and Comparative Criminal Law
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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. The
prosecution of political leaders took centre stage in the pursuit
of transitional justice following the 'Arab Spring'. Through a
comparative case study of Egypt, Libya, Tunisia and Yemen, this
book argues that transitional justice in the Arab region presents
the strongest challenge yet to the transitional justice paradigm.
This paradigm is built on the underlying assumption that
transitions constitute a shift from non-liberal to liberal
democratic regimes, where often legal measures are taken to address
atrocities committed during the prior regime. The book is guided by
two principal questions: first, what trigger and driving factors
led to the decision of whether or 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 by different actors in varied contexts. In doing
so, it challenges the predominant understanding that transitional
justice uniformly occurs in liberalising contexts and calls for a
re-thinking of transitional justice theory and practice. Using
original findings generated from almost 50 interviews across 4
countries, this research builds on the growing critical 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 thought-provoking
reading for all those interested in transitional justice and the
'Arab Spring'.
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