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Transitional Justice in Egypt and Post-revolution Trials

The crises-centered paradigm and the concept of the exception shape the discourses of international law and transitional justice. However, the latter has evolved to have normal manifestations. The Egyptian 2011 Revolution was followed by a transitional/exceptional state, which witnessed the trials o...

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Main Author: Ahmed Allam, Hussein
Format: Thesis
Published: AUC Knowledge Fountain 2023
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access_status_str Open Access
author Ahmed Allam, Hussein
author_browse Ahmed Allam, Hussein
author_facet Ahmed Allam, Hussein
author_sort Ahmed Allam, Hussein
collection Thesis
description The crises-centered paradigm and the concept of the exception shape the discourses of international law and transitional justice. However, the latter has evolved to have normal manifestations. The Egyptian 2011 Revolution was followed by a transitional/exceptional state, which witnessed the trials of the members of the ancien régime, mainly the heads - the former president Mubarak and his interior minister amongst others - through the mechanisms of normal criminal justice. Because of this, the associated trials were committed to strict legality and procedural justice and addressed only individual criminal responsibility. Due to the absence of an explicit roadmap for the transition, as well as the confusing rule of law because of the parallelism of the exception and normalcy, trials fell short of meeting the revolutionary claims and the requirements of the transition. Firstly, they did not address the past injustices as they passed on the political and institutional liability for the past systematic human rights abuses and regularized financial and political corruption. Additionally, they did not meet the victims’ needs. Further, they produced problematic juridical truths: the commitment to the revolutionary demands versus criminalizing the revolution itself. On the contrary, the elusiveness of the concept of transitional justice ramifies the treatment thereof into various approaches. The discourse of transitional justice should have been adopted in Egypt by dint of establishing ad hoc tribunals and calibrating specific norms that respond to past injustices.
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spelling oai:fount.aucegypt.edu:etds-3138 Transitional Justice in Egypt and Post-revolution Trials Ahmed Allam, Hussein The crises-centered paradigm and the concept of the exception shape the discourses of international law and transitional justice. However, the latter has evolved to have normal manifestations. The Egyptian 2011 Revolution was followed by a transitional/exceptional state, which witnessed the trials of the members of the ancien régime, mainly the heads - the former president Mubarak and his interior minister amongst others - through the mechanisms of normal criminal justice. Because of this, the associated trials were committed to strict legality and procedural justice and addressed only individual criminal responsibility. Due to the absence of an explicit roadmap for the transition, as well as the confusing rule of law because of the parallelism of the exception and normalcy, trials fell short of meeting the revolutionary claims and the requirements of the transition. Firstly, they did not address the past injustices as they passed on the political and institutional liability for the past systematic human rights abuses and regularized financial and political corruption. Additionally, they did not meet the victims’ needs. Further, they produced problematic juridical truths: the commitment to the revolutionary demands versus criminalizing the revolution itself. On the contrary, the elusiveness of the concept of transitional justice ramifies the treatment thereof into various approaches. The discourse of transitional justice should have been adopted in Egypt by dint of establishing ad hoc tribunals and calibrating specific norms that respond to past injustices. 2023-06-01T07:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/2100 https://fount.aucegypt.edu/context/etds/article/3138/viewcontent/Hussein_Ahmed_Allam_Thesis.pdf Theses and Dissertations AUC Knowledge Fountain crises-centered - exception – normalcy –– transition – past injustices - criminal justice - liability – truth - ad hoc tribunals. Constitutional Law Criminal Law Criminal Procedure Human Rights Law International Law Judges Jurisdiction Jurisprudence Rule of Law Transnational Law
spellingShingle crises-centered - exception – normalcy –– transition – past injustices - criminal justice - liability – truth - ad hoc tribunals.
Constitutional Law
Criminal Law
Criminal Procedure
Human Rights Law
International Law
Judges
Jurisdiction
Jurisprudence
Rule of Law
Transnational Law
Ahmed Allam, Hussein
Transitional Justice in Egypt and Post-revolution Trials
title Transitional Justice in Egypt and Post-revolution Trials
title_full Transitional Justice in Egypt and Post-revolution Trials
title_fullStr Transitional Justice in Egypt and Post-revolution Trials
title_full_unstemmed Transitional Justice in Egypt and Post-revolution Trials
title_short Transitional Justice in Egypt and Post-revolution Trials
title_sort transitional justice in egypt and post revolution trials
topic crises-centered - exception – normalcy –– transition – past injustices - criminal justice - liability – truth - ad hoc tribunals.
Constitutional Law
Criminal Law
Criminal Procedure
Human Rights Law
International Law
Judges
Jurisdiction
Jurisprudence
Rule of Law
Transnational Law
url https://fount.aucegypt.edu/etds/2100
https://fount.aucegypt.edu/context/etds/article/3138/viewcontent/Hussein_Ahmed_Allam_Thesis.pdf
work_keys_str_mv AT ahmedallamhussein transitionaljusticeinegyptandpostrevolutiontrials