Experience of transitional justice in Iraq (Concept and constraints of application)

Abstract

The attention of transitional justice has emerged since states that have emerged from dictatorial regimes or community conflicts faced difficulties in establishing an effective democratic regime.
Indeed, one cannot imagine an effective democratic regime without conducting procedures without remedying the victims and prosecuting the criminals.
The fundamental function of transitional justice is that it is like a link between the time of suffering of a people and between a democratic regime that reflects its ambitions. This is only achieved after rebalancing human rights and highlighting the notion of citizenship.
For this reason, this notion occupies a great importance in the Iraqi case after 2003 and the radical change after this year at the levels of research and conferences. But Iraqi politicians have not given it this importance that can respond to the problems of Iraqi society, although the 2005 constitution indicated this notion in many of its provisions.
For this, we try to shed light on this notion and its goals according to the Iraqi cat to diagnose the obstacles that hinder its adoption to set in motion the transitional justice that would lead to applying an effective democratic regime.