Interesting times: Transitional justice in the Era of Putin, Xi and Trump 2.0

Abstract Transitional justice (TJ) emerged during the consolidation of the liberal international order (the LIO). It was deemed to flow from, and contribute to, the emergence of democracy, human rights and the rule of law in post-authoritarian and post-conflict states. The LIO generated material and discursive support for processes of accountability, truth, repair and guarantees of non-repetition. The LIO is now widely perceived to be under significant threat with the rise of authoritarian states (most notably China and a revanchist Russia) and the erosion of liberal democratic values in the US and Europe. Some worry that TJ may have peaked and is doomed to decline in this more challenging ecology. This article is an attempt to show how the material and discursive environments of TJ have altered with the decline of the LIO and the rise of a multipolar world. In material terms, there are fewer democratic transitions that might facilitate the type of state-level rule of law or rights-promoting impact associated with accountability, truth or reparation processes, while liberal peacebuilding is now far less premised on democratisation and human rights that post-conflict TJ processes built upon. In a world where authoritarian rejections of human rights and the rule of law meet widespread support and where a chastened liberal West resiles from effectively exporting or supporting norms like TJ, there is also a lowering of the argumentative burden for those who want to outright defy, water down or find workarounds for TJ.

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Publication Details

Journal
Global Constitutionalism
Published
2025-11-27
DOI
https://doi.org/10.1017/s2045381725100178
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

Interesting times: Transitional justice in the Era of Putin, Xi and Trump 2.0

Pádraig McAuliffe
Global Constitutionalism
International Law and Human Rights
article

Interesting times: Transitional justice in the Era of Putin, Xi and Trump 2.0

Pádraig McAuliffe
article en

Abstract

Abstract Transitional justice (TJ) emerged during the consolidation of the liberal international order (the LIO). It was deemed to flow from, and contribute to, the emergence of democracy, human rights and the rule of law in post-authoritarian and post-conflict states. The LIO generated material and discursive support for processes of accountability, truth, repair and guarantees of non-repetition. The LIO is now widely perceived to be under significant threat with the rise of authoritarian states (most notably China and a revanchist Russia) and the erosion of liberal democratic values in the US and Europe. Some worry that TJ may have peaked and is doomed to decline in this more challenging ecology. This article is an attempt to show how the material and discursive environments of TJ have altered with the decline of the LIO and the rise of a multipolar world. In material terms, there are fewer democratic transitions that might facilitate the type of state-level rule of law or rights-promoting impact associated with accountability, truth or reparation processes, while liberal peacebuilding is now far less premised on democratisation and human rights that post-conflict TJ processes built upon. In a world where authoritarian rejections of human rights and the rule of law meet widespread support and where a chastened liberal West resiles from effectively exporting or supporting norms like TJ, there is also a lowering of the argumentative burden for those who want to outright defy, water down or find workarounds for TJ.

Global Constitutionalism
University of Liverpool (GB)
Openalex Percentile: Top 59%
International Law and Human Rights
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