Who is to Guard the Guardians Themselves? Russia’s Invasion of Ukraine, Racism and Transitional Justice

This Article investigates 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. The war in Ukraine is a poignant illustration of conflicts as arenas for imperial supremacy, racism, accountability failures, and the struggle for transitional justice-in the face of ever-expanding imperial aspirations. Thus, the unresolved question of who guards the guardians themselves looms, particularly in light of Russia's involvement as a permanent United Nations Security Council member.

Racism often manifests as power imbalance and a lack of accountability through Transitional Justice. Drawing on Critical Race Theory and Third World Approaches to International Law, this Article proposes that these frameworks offer valuable tools for comprehending the hegemonic orders perpetuating racism, subordination, and transitional (in)justice. Accordingly, dismantling the racial underpinnings that persist within international law and transitional justice makes fostering a more inclusive, equitable, and just international society possible.