State Capture and the Quest for Justice Post-Arab Spring: A Comparative Analysis of Justice and Accountability Models in Tunisia and Egypt

Disillusionment with corruption and discontent over state capture ignited social upheavals across the Middle East and North Africa (MENA) region that ousted Tunisia’s Ben Ali, and Egypt’s Mubarak regimes, both marked with pervasive state capture. In the aftermath of the Arab Spring, both countries witnessed efforts to pursue justice and accountability, following distinct models. Tunisia adopted a combined approach of truth and reconciliation, reform, as well as restitution, marked by the establishment of a Truth and Dignity Commission, asset recovery efforts, and reform initiatives, including the establishment of an anticorruption commission as well as the opening of civic spaces to enhance civil society involvement and bolster public oversight mechanisms. Egypt, in contrast, opted for a model combining restitution and criminal justice, attempting to recover assets and initiating criminal cases against Hosni Mubarak and his associates. Nevertheless, efforts to pursue justice in both countries faced significant challenges. Progress stalled, and the momentum seems to have been lost. Tunisia ultimately enacted an administrative reconciliation law, while Egypt backslid into authoritarianism. This paper will assess the effectiveness of post-state capture justice models in the context of MENA. Drawing on a qualitative comparative approach, the study will explore the key challenges experienced by Tunisia and Egypt, including authoritarian perseverance, weak institutions, political turmoil, the lack of political will, and economic constraints. The study will further explore implications for countries undergoing transition, such as Libya and Yemen, or emerging from high levels of state capture, notably Syria. The paper will offer valuable policy recommendations for effective restitution and prevention of state capture in the context of MENA.