Abuse of Punishment in Transitional Justice And Its Damage to Construction Democratic Political - The Iraqi Experience after 2003 as a Model

Abstract

Objectives: The importance of the study stems from the fact that the region with all its countries, including Iraq, was and still lacks political stability, whether due to internal factors or external influences, or the conciliation of workers, and since transitional justice is an important idea, and essential in managing the stages of change, a solid democratic state that concerns everyone and cares, Everyone participates, from here, and through the centrality of the issue of change and the importance of the issue of transitional justice in it, and through the fact that the transitional experience in Iraq is a practical experience that took place early in the region, and in a pluralistic society that reflects the previous regime in which there are many features, and common to most of the prevailing political systems in the region This makes the study of his experience in this topic and the problems he encountered a suitable case for a useful study with an impact on more than one level.

The research paper aims to study the negative aspects of Iraq's experience in the field of transitional justice, and its transformation from a transitional justice case into a tool of factional and partisan revenge, whose procedures are marred by a lot of arbitrariness, which makes the topic useful for those who work to implement these programs in the future in order to avoid problems and mistakes .

Methods : The study adopts an analytical, inductive approach that relies on uncovering facts by starting from the details, then proceeds gradually to laws, general rules, and the college, where the Iraqi experience, its details, and the internal and external influences that accompanied it will be examined, down to the features and features And the facts of this experience, especially the negative aspects of it that affected the state of stability and construction in it, and this is particularly evident by analyzing the trends, paths, and problematic of transitional justice interventions in the current political transformations in Iraq after 2003, because understanding the course of the struggle for power and the influence between the components It will help us understand the dimensions of the competition for power and influence between these political blocs that represented the Iraqi opposition during the days of the political system under the rule of the (Baath Party) before its fall in 2003.

By perpetuating the phenomenon of competition and conflict between political blocs, including the perpetuation of two phenomena: The first is uncertainty about the possibility of renewed violence in the future.

The second is the intense competition over how to institutionalize the balance of power in Iraq after 2003.

Results: The failure of transitional justice in Iraq, and the failure to implement its real mechanisms that do not contradict human rights principles, was the reason for Iraq to reach its current stage, and the increase in impunity and injustice of persons who were not the cause of committing any human rights violations.

The results indicate that the last feature is indeed important because the deep partisan motives linked mainly to sectarianism, ethnicity, nationalism, and to a lesser extent regionalism, are the main determinants of the competition between the Iraqi political blocs that took over the rule of Iraq after 2003.

The reasonable explanation is that a sense of the narrow political and partisan gains of these Iraqi political blocs may compensate for the debts owed due to past violations and urge a preference for avoiding the pursuit of truth or punishment for fear that political gains may be threatened in some way.

Conclusions : Failure to resort to fair legal accountability causes new human rights violations, so the following question can be raised: Does ignoring legal accountability increase the number of perpetrators of violations, and help some of the perpetrators in the previous regime to get away from punishment, and wrong others? And that the negative engagement in transitional justice file, ignoring legal mechanisms, and to obey the wishes of the party, and lead to factional influence in the political process and thus stumble in the democratic transition?

Keywords: Democratic political Iraqi   punishment transitional justice  damage  construction

DOI: 10.7176/EJBM/13-6-03

Publication date:March 31^st 2021