Transitional Justice in Arab Experiences and Their Relevance to the Syrian Case
Executive Summary:
Several Arab states have attempted to implement transitional justice within their political transformation processes, similar to international experiences. The first such initiative in the Arab world was launched in Morocco under the monarchy in 1999—prior to the Arab Spring—while Tunisia marked the first post-Arab Spring experience. Subsequently, both Libya and Yemen also witnessed attempts to initiate transitional justice processes.
This paper, through critical analysis and an inductive-comparative approach, examines the context of these experiences, the mechanisms of transitional justice applied, and their outcomes, while also highlighting gaps and shortcomings. The aim is to draw key lessons that could inform the Syrian context in preparation for launching a transitional justice process.
The findings indicate that Arab experiences have largely struggled with implementing accountability, due in part to the enduring influence of former regime structures, which obstruct the advancement of transitional justice mechanisms.
Moreover, country-specific dynamics have significantly shaped the outcomes: in Morocco, transitional justice was reduced to compensation and gradual reform in exchange for closing the file of accountability; in Tunisia, despite strong legislation and the creation of relevant institutions, political polarization and the reversal of political exclusion and institutional vetting at critical junctures undermined the process, depriving it of the potential for a meaningful rupture with the past. In Libya, legislative instability—followed by security and military chaos—thwarted implementation efforts, with political fragmentation fueling further violations. In Yemen, the decision to forgo accountability in favor of political compromise, compounded by the persistence of entrenched elements of the former regime and the rise of the Houthis as an extra-state force, led to a collapse of the transitional justice trajectory and the onset of a major humanitarian tragedy.
Despite their disruptions, Arab experiences provide valuable lessons for Syria. Chief among them is the need to strengthen institutions alongside enacting sound legal frameworks, as well as the recognition that deep political divisions over approaches to justice can create openings for counter-revolutionary setbacks.
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باحث في وحدة التوافق والهوية المشتركة يحمل إجازة في الحقوق وحاصل على شهادة الماجستير في القانون العام، ناشط في المجتمع المدني والمجال الحقوقي وقدم عدداً من البرامج التدريبية
