مقاربات مستجدة للعدالة الانتقالية في العراق بعد عام 2003 وانعكاساتها على حقوق الإنسان

Abstract

Following 2003, Iraq underwent major political transformations, which exposed the limitations of the conventional justice system in addressing the complex problems resulting from these changes. In response to these challenges, transitional justice institutions were established as independent bodies operating under special legislation to address the consequences of political transition, protect rights, compensate victims, and maintain public order. This reflects the state’s pursuit of specialized and effective solutions that go beyond the scope of traditional criminal justice. Accordingly, there emerged a need to establish institutions concerned with implementing transitional justice mechanisms. The Iraqi High Criminal Court was formed to adjudicate crimes committed during the period of the former Ba’ath Party regime, within the limits of its legal jurisdiction. The Martyrs Foundation was also established under its law in 2006, as well as the Political Prisoners Foundation under its respective legislation, with the aim of addressing the conditions of affected groups and ensuring their compensation. In addition, specialized bodies were created to handle property disputes, alongside accountability institutions, foremost among them the National Accountability and Justice Commission. These bodies play a pivotal role in protecting and promoting human rights by investigating the affiliation of officials and employees with the dissolved Ba’ath Party and taking the necessary legal measures against them in accordance with applicable laws.