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July 1, 20251 citations

Can Transitional Justice be Decolonised?

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FMFlorence Millar

Key Points

  • Transitional justice cannot be decolonised due to its inherent reliance on coloniality, emphasizing structural forms of violence.
  • Key themes include liberal teleology, epistemic violence, and unaddressed structural violence, highlighting serious limitations.
  • The examination draws on decolonial theory to critique transitional justice's integration of colonial awareness and proposed reforms.
  • The article advocates for transformational justice, which prioritizes addressing structures of inequality over existing transitional justice frameworks.

Abstract

The article seeks to contribute to ongoing debates over whether transitional justice can be decolonised. In recent years, transitional justice scholarship and practice has entered a period of self-interrogation, as the proliferation of critical literature has increasingly questioned its aims and scope. Despite this critical turn, questions of decolonisation remain a blind spot, constituting one of the weakest points in scholarship and practice. This article therefore seeks to fill this gap by examining whether transitional justice can truly be decolonised. Drawing upon decolonial theory, it identifies manifestations of coloniality in transitional justice and investigates whether pathways towards decolonisation exist. This article concludes that transitional justice cannot be decolonised, as it is both built upon and continues to rely upon coloniality. This argument is developed through an exploration of three themes: the liberal teleology of transitional justice; its enactment of epistemic violence; and its inability to engage with structural forms of violence. These features render the decolonisation of transitional justice unfeasible, despite reforms which have aimed to integrate an awareness of colonialism and foster incremental improvements in scholarship and practice. The article instead advocates for a turn towards transformational forms of justice, which prioritise structures of inequality and alternative ways of knowing.

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Cite This Study

Florence Millar (2025) studied this question.

synapsesocial.com/papers/68af56faad7bf08b1eadd499https://doi.org/10.70969/20250902
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Beyond liberal justice? Decolonising Colombian transitional justice through victims’ participation and indigenous rights2024 · 6 citations
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  3. 3Challenging the Therapeutic Ethic: A Victim-Centred Evaluation of Transitional Justice Process in Timor-Leste2012 · 83 citations
  4. 4"""North-South"" Dialogue: Bridging the Gap in Transitional Justice - Workshop Transcript"2018 · 3 citations
  5. 5Decolonizing Transitional Justice: Soft, Radical or Beyond Reform2023 · 18 citations