Wanting Freedom and Pursuing Justice in the Wake of the Arab Spring

Welcome back to the BLS Human Rights Committee blog! Sorry we’ve been on hiatus for quite some time, but we’ll be looking to turn that around.

Over the last sever months, many of us have seen, read, or heard about the events now being called the “Arab Spring.” I am of course referring to the popular uprisings against authoritarian regimes throughout the Arab world. While few countries have been spared the upheavals of the last several months, perhaps the most dramatic occurred in Egypt, where former President Hosni Mubarak and his government were ousted from power by a coalition between much of the general populace and the Egyptian military. While the ensuing months since Mubarak’s ouster in February have not been completely free from human rights concerns, many believe that the country is on the path to a better and freer society.

Hosni Mubarak, despite his many concessions to the new Egyptian government, remains a figure of considerable contention within the country. Recently pressure has begun to mount concerning his prosecution for crimes allegedly committed during his 30-year rule over the country. Recently, it was decided that both Hosni Mubarak and his sons will be tried for the deaths of anti-government protesters during the January revolution. This trial will be added to the already on-going investigation of Mubarak, his family, and several former government officials for the misappropriation of state funds for their own purposes. It is clear that the Egyptian people want justice for the corrupt and violent actions of their former leaders.

Justice is a noble pursuit, however if these investigations are conducted for the purpose of seeking vengeance, then not only are they wrong, but they will discourage other Arab authoritarian leaders from stepping down from their positions of power. Earlier this week, Yemeni President, Ali Abdullah Saleh, refused to sign an agreement to step down next month, despite the offer of immunity from prosecution. President Saleh’s refusal indicates how extremely difficult it is for many of these leaders to give up the power they have, despite what seems like overwhelming opposition to their rule. Compounding this difficulty with the prospect of prosecution seems a terrifying proposition to any of the Arab leaders facing growing opposition.

In light of this quandary, the question presents itself – should the international community refrain from criminally prosecuting authoritarian leaders for their previous crimes, as an incentive for peaceful transitions of power from violent and oppressive regimes to those led by the people? Giving immunity from prosecution to these leaders seems to mean robbing the people of those countries, and possibly the world, of the justice they deserve and abandoning a tenant of international law. However, by providing these leaders an “out,” there is the possibility to save the lives of thousands of protesters. A difficult question, for sure, and one that I’m see we will see answered many different ways as the situations in Yemen, Libya, Syria, and many other Arab states are resolved.