Download Who Is to Guard the Guardians Themselves? Russia's Invasion of Ukraine, Racism and Transitional Justice Book in PDF, ePub and Kindle
This Essay explores the deep-rooted connection between racism and the development of international law, emphasizing its enduring influence on transitional justice. The normatization of international law and its instrumentation by imperial actors in pursuit of their interests have perpetuated systemic racism. Therefore, the case of Ukraine serves as a poignant illustration of conflicts as arenas for imperial supremacy, racism, accountability failures, and the struggle for transitional justice. This war symbolizes not only a localized conflict but also reflects global struggles characterized by racism, racialized transitional justice, othering, and ever-expanding imperial aspirations.Thus, the unresolved question of who guards the guardians themselves looms large, particularly in light of Russia's involvement as a permanent member of the United Nations Security Council. Racism often manifests as power imbalance and a lack of accountability, further complicating the quest for justice. Drawing on Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL), this Essay suggests that these frameworks offer valuable tools for comprehending the hegemonic orders that perpetuate racism, subordination, and transitional (in)justice. Hence, a crucial step towards eliminating racism in transitional justice lies in establishing a deracialized international law order founded on inclusive accountability. This necessitates various actions, including a critical examination of the racial justifications behind conflicts, such as the belief in cultural superiority and the inferiority of others. Furthermore, equal application of accountability mechanisms and a departure from the doctrine of dominating others as a foundation of international law and foreign policy are essential. Ultimately, by dismantling the racial underpinnings that persist within the realms of international law and transitional justice, it becomes possible to foster a more inclusive, equitable, and just international society.