Decolonizing Transitional Justice: Pathways Toward a Transformative Framework

Abstract

Transitional Justice (TJ) refers to a set of practices and institutions designed to address histories of violence, repression, and human rights abuses, often implemented in societies emerging from conflict or authoritarianism (Brinton Lykes & Murphy, 2023). TJ traditionally includes criminal prosecutions, truth commissions, reparations, and institutional reforms to facilitate democratic governance and social healing. However, traditional TJ models, largely rooted in Western paradigms, often employ a ‘one-size-fits-all’ approach, potentially overlooking societies' complex histories and cultural specificities, especially in postcolonial and Indigenous contexts. This approach can inadvertently reinforce colonial legacies, assuming liberal democratic governance as the ultimate goal, disregarding local systems and values that might not align with this trajectory (Novic, 2021).