Transitional Justice in Iraq: Learning the Hard Way

The relationship between transitional justice and democracy is fraught and complex, and nowhere more so than in Iraq since the fall of Saddam Hussein. Iraq has experienced a range of transitional justice initiatives, including the trial and execution of its former leader, purges from the civil service and the military, and a series of reconciliation conferences. And yet, democracy has not fully taken root and violence continues to plague many parts of the nation on a regular basis. This article argues that initiatives aimed at changing the structure of society -- including but not limited to constitutionalism, frequent elections, and the development of an independent judiciary -- are more likely than purely symbolic efforts to contribute to the consolidation of democracy in the long term. It is these structural developments have the greatest potential to transform society into a true democracy under the rule of law. The full article will appear in Israel Law Review published by Cambridge University Press. Copyright Cambridge University Press.