The End of the Transitional Justice Paradigm (As We Know It)? Re-Thinking Atrocity Justice to Take Account of the West

This Article argues that the field of transitional justice (TJ) is in existential crisis. Far from being the universal project of justice for atrocity it claims to be, the TJ paradigm systematically excludes the crimes, interventions and complicities of Western actors from its scope of concern. Despite its aspirational rhetoric of globalized atrocity justice, TJ remains overwhelmingly oriented toward violence and conflict in the Global South. The Article demonstrates how the TJ paradigm’s foundational premises and assumptions are shaped by ideas about Western exemplarity, superiority and exceptionalism. The Article’s central claims are two-fold: 1) the geographic bias in TJ undermines the paradigm’s legitimacy given the seriousness and systematic nature of crimes involving the West, which remain largely excluded from treatment in the TJ paradigm; and 2) because these challenges are persistent and follow from the very foundation of TJ, it is unlikely that the paradigm can be meaningfully reformed to address the omissions or exclusions addressed here. Accordingly, the Article sets the stage for a paradigm shift: One that rethinks how atrocity justice can achieve more universality and legitimacy in justice. These arguments matter for scholars of international law, human rights, and international relations working on justice and global governance, as well as policymakers, practitioners and litigants who seek to promote accountability norms in global affairs.