The De-Baathification of post-2003 Iraq: purging the past for political power

In addressing the broader de-Baathification question at the intersection between politics and law in post-2003 Iraq this chapter outlines the efforts by Iraqi lawmakers to codify de-Baathification in Iraq’s new constitution of 2005 as well as in subsequent pieces of more detailed legislation. The chapter then goes on to study the actual implementation of these laws in relation to the Iraqi parliamentary elections of 2010 and 2014, as well as the local elections of 2013. Throughout the chapter, special emphasis is given to the considerable discrepancies between the principles enshrined in the formal de-Baathification legislation and the way those principles are applied in practice. Finally, this chapter concludes by suggesting that Iraq needs to openly and honestly deal with its Baathist past if it is ever to move beyond patterns of political sectarianism, violence and autocracy.