Will Iraq's new 'tribal court' undermine rule of law?
A group of tribal sheikhs will be appointed by the Ministry of Justice to intervene as arbitrators to resolve disputes and conflicts between Iraqi tribes, which some fear will undermine the rule of law in Iraq.
BAGHDAD — Amid Iraqi calls to reinforce the rule of law and strengthen Iraqi state institutions, the Ministry of Justice announced March 28 a new initiative for “arbitration” among tribes, allowing a team of tribal elders to intervene as arbitrators in resolving all possible disputes and conflicts between Iraqi tribes.
According to a statement by the Ministry of Justice, this team of 47 tribal leaders will be called “al-Awaref,” selected by the Iraqi Ministry of Interior in virtue of a memorandum of understanding with the Ministry of Justice and to be charged with several tasks, most notably reducing the expansion of tribal conflicts and focusing on “bringing about community peace” in Iraqi provinces.
The 47 arbitrators will work voluntarily and receive no salaries from the Iraqi state. In addition to undergoing a background check by the Ministry of the Interior, their names were presented to tribal leaders for approval.
A March 28 statement issued by the Ministry of Justice noted that the ministry “has adopted a team of well-known tribal arbitrators to resolve disputes,” describing them as “a safety valve for the community, which will have a major role in strengthening security and establishing community peace in all provinces of the country.”
