Global Models, Victim Disconnect and Demands for International Intervention: The Dilemma of Decoloniality and Transitional Justice in Sri Lanka

Abstract This article uses Sri Lanka as a case study to impel engagement of decoloniality with transitional justice. It identifies gaps in the literature critical of transitional justice, specifically structural interpretations of power hierarchies, state-centrism and disregard of ethnicity and religion. It thereby uses a decolonial analytical lens on empirical findings from Sri Lanka’s failed transitional justice process to identify and understand continuing colonial power structures, including epistemic coloniality. The empirical findings offer three new insights. First, an ideational, structural and procedural disconnection between victims and the global transitional justice model is noted. The article traces how victim positioning and this disconnection were disregarded in favour of an internationally authoritative, credible and universal model of transitional justice. Second, the ethno-religious challenges to transitional justice, which include its reliance on the state as a neutral provider of justice, are highlighted. The third finding, however, on victim demands for greater international involvement, presents a dilemma to future decolonial consideration of transitional justice. Despite only using decoloniality as an analytical tool, the article nevertheless demonstrates the need for deeper reform, including at the epistemic level, for transformation to occur within the field.

Authors

Publication Details

Journal
Journal of Human Rights Practice
Published
2024-09-03
DOI
https://doi.org/10.1093/jhuman/huae024
Citations
2
Primary Topic
Global Peace and Security Dynamics
Type
article
Field-Weighted Citation Impact
4.46

Funders

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article

Global Models, Victim Disconnect and Demands for International Intervention: The Dilemma of Decoloniality and Transitional Justice in Sri Lanka

Farah Mihlar
2 citations
Journal of Human Rights Practice
Global Peace and Security Dynamics
4.46
article

Global Models, Victim Disconnect and Demands for International Intervention: The Dilemma of Decoloniality and Transitional Justice in Sri Lanka

Farah Mihlar
article en
2 citations

Abstract

Abstract This article uses Sri Lanka as a case study to impel engagement of decoloniality with transitional justice. It identifies gaps in the literature critical of transitional justice, specifically structural interpretations of power hierarchies, state-centrism and disregard of ethnicity and religion. It thereby uses a decolonial analytical lens on empirical findings from Sri Lanka’s failed transitional justice process to identify and understand continuing colonial power structures, including epistemic coloniality. The empirical findings offer three new insights. First, an ideational, structural and procedural disconnection between victims and the global transitional justice model is noted. The article traces how victim positioning and this disconnection were disregarded in favour of an internationally authoritative, credible and universal model of transitional justice. Second, the ethno-religious challenges to transitional justice, which include its reliance on the state as a neutral provider of justice, are highlighted. The third finding, however, on victim demands for greater international involvement, presents a dilemma to future decolonial consideration of transitional justice. Despite only using decoloniality as an analytical tool, the article nevertheless demonstrates the need for deeper reform, including at the epistemic level, for transformation to occur within the field.

Journal of Human Rights PracticeVol. 16(3)
Neelan Tiruchelvam Trust, United Nations Development Programme
Peace, Justice and strong institutions
Openalex Percentile: Top 5%
Global Peace and Security Dynamics
4.46
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