부산대학교 도서관

국외eBook

State Law and Tribal Justice in Iraq, (1914-2022) [electronic resource]

[S.l.] : Stanford University. 2023 Ann Arbor : ProQuest Dissertations & Theses , 2023

1 online resource(540 p.)

Source: Dissertations Abstracts International, Volume: 84-12, Section: A.
Advisor: Barakat, Nora Elizabeth;Rodrigue, Aron;Schmidinger, Thomas.

Thesis (Ph.D.)--Stanford University, 2023.

Scholars of the British Empire lavish great attention on structural changes brought on by the imposition of the Mandate in Iraq in 1921. Exploring the Tribal Criminal and Civil Disputes Regulation (TCCDR) archives----over twenty thousand files of judicial proceedings from across Iraq covering the 1925 -- 1958 period----gave me reason to believe that many more stories remained untold. The TCCDR provided a legal framework for the prosecution of tribal disputes through a combination of state magistrates and customary authorities. It offered a full-fledged appellate system by way of petitions. In impressive displays of resiliency and agency, Iraqis manipulated often complacent authorities to set the terms of interactions, thereby tempering the overarching impact of state consolidation. The voluminous number of petitions shows the proficiency with which Iraqis appropriated legal tools available to them.More so, my dissertation breaks new ground as the first in-depth examination of the TCCDR's legacy in post-1958 Iraqi legislation. The main overarching claim of the final chapters is, contrary to the recurring paradigm that tribes are empowered by state weakness, that customary justice mechanisms are profoundly crippled by government failure. After the collapse of the Iraqi State in 2003, the withdrawal of security forces and ensuing corruption resulted in the dislocation and fragmentation of traditional power structures. This translated into the disruption of tribal justice. Ultimately, the recurrence of protracted vendetta cycles, punctuated by outbreaks of armed confrontation, is not a sign of tribal vigor. Rather, such violence should be understood as one of the ramifications of war impacting Iraqi society, and the resulting state failures.

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