Chief-in-Editor  Prof. Badria A. Al-Awadi

Protecting public funds and natural national resources and fortifying public services, especially those of leading positions, from diversion and abuse, is supported by constitutional grounds located in the constitutional documents and texts, dating back to the sixties and seventies of the last century, as is the case of the constitutions of Kuwait, Egypt, Tunisia, Morocco, and other constitutions. Lawmakers wasted no time in organizing this through regulations of the public service and the utilization of national resources and other regulations, as well as organizational structures such as Civil Service Councils and Disciplinary Boards, in addition to regulatory financial and administrative independent agencies such as the State Audit Bureau of Kuwait, the Accountability State Authority in Egypt, the Court of Auditors in Morocco and the Court of Auditors in Tunisia. These Arab legislative efforts have coincided with international initiatives represented in the United Nations Convention Against Corruption (UNCAC), which was adopted on October 31, 2003 and ratified by Kuwait in 2006, followed by several Arab countries (Algeria and Jordan in 2004, Iraq in 2008 …). It has also coincided with international and local initiatives represented in founding international non-governmental organizations, as is the case of the Transparency International e.V. (TI), from which have emerged several branches in a number of Arab countries. This is in addition to other initiatives by local institutions that belong to what is known now as the civil society.
Later on, an Arab anti-corruption agreement was promulgated, and a number of national anti-corruption bodies has been established, as is the case of the Kuwait Anti Corruption Authority, which was founded under the decree of law no. 24/2012, which was later found unconstitutional, and was re-formed in 2016, under law no. 2/2016. It was considered flawed by the constitutional jurisprudence because it was entrusted to the Minister of Justice, rather than being an independent authority which is granted the ability to carry out the duties of control and combating corruption.
Practically, the authority has faced significant obstacles, a disagreement arose between the entrusted Minister and members of the authority, in which the Minister compelled all the members to submit their resignations to allow him the opportunity to announce a new formation, which was rejected by the members, noting that the Minister’s request is inconsistent with articles 50 and 133 of the Constitution. A judicial commission has been formed against these members for interrogation on suspicion of corruption. The issue has not been resolved yet, as the commission has not reached a final decision.
In other comparative legal systems, similar authorities have been founded, as is the case with the Integrity Commission in Iraq and in Jordan as well as other authorities, serving as practical mechanisms to combat corruption. However, its achievements in this area have been limited and lacking as stated by the in charge personnel.
Simultaneously, recently published reports and international indicators point at, including a report by Transparency International for the year 2016, the continued exacerbation of the phenomena of corruption in the Arab countries and the limited efforts in this regard, as these countries came in late ranks in the indicators of the fight against corruption. Current facts confirm that the absence of sound management of resources and the spread of the phenomena of corruption, including bribery, fraud and abuse of power, is one of the fundamental factors in the failure of development projects offered by the region›s governments in the last two decades. United Nations Convention Against Corruption has clearly and explicitly stated, in its introduction, the international community›s concern for «the seriousness of the problems and risks of corruption to the stability and security of societies, which undermines the institutions of democracy and its values, as well as ethical values ​​and justice, and jeopardizes the sustainable development and the rule of law.» Therefore, the results revealed by these reports and specialized indicators, which are credible and of reputable transparency, require serious action from responsible parties with respect to activating anti-corruption mechanisms.
Certainly, as we have initially stated, there are constitutional foundations and legislative accumulations which can be built upon, as there is a variable governmental and political will in many areas, even if limited in some cases, that can be upgraded and activated though affirmative teamwork, because the responsibility of combating corruption and besieging its effects and implications is a shared collective responsibility, performed by legal personnel such as lawyers, judges, academics, and jurists as well as human rights activists, civil society activists and media who perform an advanced role to activate the existing legal bodies and devise mechanisms to raise the awareness of the dangers of corruption and prevent its success in destroying the future of our countries, our people and our communities.
In light of international instruments and constitutional foundations, it is important to emphasize that the legal system to combat corruption is based on the basic principles of integrity, transparency, justice, the rule of law and an independent judicial system as well as effective law enforcement devices, which requires ensuring objective working conditions that are appropriate for the use of bodies and authorities that are responsible for combating corruption. This is achieved through ensuring its independence and excluding the influence of those it is supposed to monitor. Hence, its independence from the executive authority, specifically, is an important guarantee. In addition to that, it is also required to ensure proper and effective mechanisms and procedures to implement its decisions erga omnes. It also requires the organization of research and investigation in corruption cases, both in public facilities and departments, or institutions and independent bodies, or as well as in private companies, which also requires organizing the reporting system for crimes of corruption, which includes protecting whistleblowers especially in major cases or those involving influential figures, etc. These are some of the challenges posed by the legal system to combat corruption, which is a legal system that protects the future of nations from theft, loss,  disintegration, and wasting the nation›s resources and wealth, which requires consideration and diligence from jurists and legal researchers.