Arab Transitional Justice and the Transition to Democracy

Abstract

The question of post-revolutionary transitional justice is a novel feature of Arab political and legal culture. During the early stages of what came to be known as the “Arab Spring”, human rights organizations at home and abroad presented principles of transitional justice not only as an essential means to address violations of human rights of the past through legal and judicial channels, but also as an important stepping stone to accomplishing the broader aim of a democratic transition in the Arab region. The extent to which political actors adopted these demands varied with the revolutionary zeal of the moment in question. Ultimately, however, revolutionary zeal and the maximalist demands of the revolutionaries prevented the implementation of lessons learned from earlier post-revolutionary transitions around the world. This paper will illustrate the above by examining examples of transitional justice in the aftermath of the Arab Spring and compare these to experiences in non-Arab countries. It affirms that social reconciliation, peace and prosperity will only be possible through the establishment of both “truth” and justice.