FAQs on the Transitional Justice process in Iraq

 

 

• What is Transitional Justice?  A system that encompasses criminal, administrative, and reconciliatory processes designed to both hold accountable those responsible for atrocities committed by a previous regime and encourage a reconciliation process for society in the wake of these atrocities. 

 

• What type of process will be put in place?  The Coalition Provisional Authority recognizes the importance for Iraqis to address past human rights violations committed by the prior regime.  In addressing these violations, the CPA also recognizes that the legitimate and appropriate process is a process thought out and implemented by the Iraqis with international support.  The CPA refers to this approach as an “Iraqi led, Iraqi run process.” 

 

• How does the CPA plan to support an Iraqi run, Iraqi led process?   In an effort to achieve an Iraqi led and Iraqi run process, the CPA wants to work with Iraqis and encourage ideas without forcing a preconceived system onto Iraq.  The best way to do this is to listen and support. The CPA has engaged the Iraqis in a number of ways to include: the Future of Iraq Project that has been ongoing through the Department of State for the past 4 years, working directly with Iraqi NGOs, working with professional legal organizations; developing relationships with scholars and practitioners, engaging civil society on these matters, and sharing of ideas with the United Nations mission in Iraq.  This valuable information has allowed the CPA and Iraqis to begin designing a structure.  In addition, the CPA stands by to support the Governing Council to take a leading role in designing a Transitional Justice structure.

 

• How far along is the Transitional Justice process in Iraq?  The establishment of a transitional justice system will take time.  The OHRTJ is working with donor countries, Iraqi citizens, and international and nongovernmental organizations to provide forensic teams, investigators, trainers, expert advisors, logistical support, and other requirements as necessary to ensure a viable system is in place. 

 

• Is the OHRTJ working on Property Claims disputes?  Yes the OHRTJ has contracted with the International Organization for Migration (IOM) to set up 7 offices throughout Iraq and begin a contract based approach to property claims disputes. 

 

• What types of vetting procedures are in place to look for qualified individuals to participate in the transitional justice system?   The OHRTJ is working with the UN, the International Bar Association, the Iraqi Lawyers Union, the Iraqi Jurists Association, the Ministry of Justice, and NGOs to identify potential International and Iraqi candidates.  The OHRTJ is also coordinating efforts with Iraqi Ministry of Justice’s Judicial Review Committee to look for qualified judges and prosecutors to serve in cases involving past atrocities committed by the previous regime.