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In a society ravaged by a legacy of brutal authoritarian rule, political violence, and massive human rights abuse, the challenges of devising legitimate and effective processes for confronting the past have been immense. In Iraq, they were further compounded by legitimacy questions regarding the circumstances of the transition and by a deteriorating security situation.
As a contribution to the development of transitional justice strategies in Iraq, in May 2003, the Center produced a policy paper, “Transitional Justice in Iraq,” which examined various options, including prosecutions, truth-seeking, and vetting processes. The report emphasized the need for Iraqis to determine their own policies and recommended the establishment of a commission of experts to advise on the appropriate legal and institutional bases for achieving justice.
The Center recognized from the outset that effective transitional justice measures should closely reflect the population’s needs, attitudes, and perceptions. In July and August 2003, in conjunction with the Human Rights Center (HRC) at the University of California, Berkeley, the ICTJ conducted six weeks of in-depth interviews in Iraq with citizens from all sectors, ethnicities, and regions. Based on hundreds of hours of individual and focus group interviews, the ICTJ produced “Iraqi Voices,” the first in-depth study of Iraqi perspectives on transitional justice. The report revealed a strong demand for judicial accountability for violations committed under the previous regime. Iraqi participants demanded an Iraqi-controlled process, but welcomed international assistance to ensure that the trials would be fair and unbiased. The research also revealed a deep need for a comprehensive reparations program, and for more information about other countries’ experiences with truth-seeking and vetting processes. The ICTJ presented the findings to UN and policymaker audiences at a roundtable co-sponsored by the International Peace Academy in New York.
In December 2003, the Iraqi Governing Council established the Iraqi Special Tribunal (IST) to try persons accused of grave human rights violations under the old regime. In order to enhance the court’s independence and ensure that its work is conducted in accordance with international human rights standards, the ICTJ provided feedback on its design, procedural rules, and operations. In particular, the Center expressed concerns about the IST’s dependence on the United States for funding, training, investigations, and prosecutorial strategy, and argued for the diversification of the provision of international assistance.
Drawing on Arabic translations of the ICTJ’s extensive research on reparations programs around the world, the Center also provided Iraqi policymakers with information and analysis to assist in the design and implementation of a reparations process. As of this writing, discussions were under way to conduct an ICTJ workshop on reparations for the special task force appointed to study and make recommendations on this issue to the Interim Government, which took office in June 2004.
In February 2004, the ICTJ produced a briefing paper, “Toward a Truth Commission for Iraq,” concluding that any truth-seeking process in Iraq should be developed and designed through rigorous and inclusive education and consultation, and must demonstrate independence from extraneous political considerations. During a subsequent mission to Iraq, the Center advocated strongly against a commission appointed by the Coalition Provisional Authority (CPA) and stressed that truth-seeking must be seen as one aspect of a comprehensive strategy.
Overall, the ICTJ has sought to disseminate information (often in Arabic) among Iraqi decision-makers about the various processes by which transitional justice mechanisms can be established, emphasizing the need for transparency, inclusiveness, and comprehensive consultation. In addition, the Center engaged in advocacy and provided policy advice to members of Iraq’s Governing Council, Interim Government, and Ministries; Iraqi civil society actors, including members of professional associations, nongovernmental organizations, political parties, and the media; the CPA; and member states of the UN Security Council and UN departments and agencies.
The violent instability currently wracking Iraq has shifted the spotlight away from transitional justice issues, but an effective and legitimate reckoning with the past will be essential in establishing a future Iraqi state where the rule of law and human rights are respected.
Link to Report
ICTJ Briefing Paper: Creation and First Trials of the Supreme Iraqi Criminal Tribunal (October 2005)
Iraqi Voices: Attitudes Toward Transitional Justice and Social Reconstruction (May 2004)
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