Mechanisms for implementing the principles of transitional justice in the case of the fayli Kurds

Ahmed, Imad Ghazi; Marouf, Shari Khaled

doi:10.37651/aujlps.2025.165302.1616

	Mechanisms for implementing the principles of transitional justice in the case of the fayli Kurds
Journal of Anbar University for Law and Political Sciences
Article 13, Volume 16, Issue: 3, September 2026, Pages 368-405 PDF (684.28 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2025.165302.1616
Authors
Imad Ghazi Ahmed^* ¹; Shari Khaled Marouf²
¹Mechanisms for implementing the principles of transitional justice in the case of the fayli Kurds
²Department of Law, Faculty of Law and Faculty of Political Science and Administration, Soran University, Kurdistan Region-Iraq
Abstract
The issue of the Fayli Kurds is considered one of the most prominent human rights issues after the fall of the Ba'ath regime. The Fayli Kurds were subjected to a series of systematic violations, including the revocation of their citizenship, displacement, enforced disappearance, mass killings, and other crimes. This makes this case a clear example of genocide. Within the framework of transitional justice in Iraq, the Iraqi Supreme Criminal Court was established to try the henchmen of the Ba'ath regime It issued rulings condemning the violations committed against the Fayli Kurds, deeming them a genocide. The Iraqi Parliament and the Iraqi government recognized that what happened to the Fayli Kurds constituted genocide by all standards, and the latter issued decrees to redress the damage to the Fayli Kurd victims. Despite these steps, compensation mechanisms have not been fully implemented, and many Fayli Kurds have not yet received their full rights. Furthermore, the Truth and Reconciliation Commission in Iraq, considered one of the most important mechanisms of transitional justice, has not been documented
Keywords
Fayli Kurds; transitional justice; genocide

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