Justice denied: Iraq after the war against ISIS

This article provides context for this Notes from the Field section, and makes three main arguments about the nature of transitional justice in Iraq following the territorial defeat of ISIS. First, the retributive justice implemented bears the hallmarks of victor’s justice, with an exclusive focus on the crimes of ISIS as opposed to the many committed by the victorious Iraqi coalition. Second, although restorative justice mechanisms have been provided by the state, their effectiveness is hampered by procedural and systemic problems. Tribal justice and conflict resolution processes have instead played a prominent role in delivering restorative justice, though unevenly and with invidious effects for certain communities who are not recognised as victims. Third, successive Iraqi governments have failed to devise a coherent, holistic, and victim-centred transitional justice strategy. Any notion of equitable or transformative justice to address structural and systemic causes of conflict remains unrealistic given existing post-war power constellations.