Unveiling Temporal Fallacies in Transitional Justice: Erasure of the Link between Past Injustice and Its Reproduction in the Present

The conventional discourse on transitional justice predominantly frames political transition as a passage either from conflict to peace or from authoritarianism to democracy. This conceptual limitation, however, stems from the inherent chronological precedence of practice over theorization in the field. The normative political theory of transitional justice has mainly emerged in response to legal and political inquiries triggered by paradigmatic cases like post-Apartheid South Africa, shaping a temporal narrative rooted in a linear, sequential, and ruptured conception of time. According to this narrative, there was an evil past, there is a transitional phase, and there would be a peaceful and/or democratic future. Yet, this narrative oversimplifies the intricate relationship between an unjust past, the transitional phase, and the envisioned peaceful and democratic future. The fact that the past is evil does not necessarily mean that evil is past. Critical theorists argue that understanding this relationship requires more than just a focus on change; it necessitates an acknowledgment of persistence. The prevailing temporal framework in liberal normative theory tends to erase the vital link between past injustices and their contemporary reverberations, neglecting the ongoing reproduction of past injustices in the present. This paper challenges the temporal fallacies embedded in transitional justice theory, advocating for a structural reading of history that goes beyond the conventional linear narrative. Recognizing that the past is not simply relegated to a bygone era but continues to shape the present, a structural approach facilitates a more comprehensive diagnosis of injustice. By acknowledging the persistent reproduction of past injustices in contemporary times, this paper argues for a recalibration of normative solutions and mechanisms within the framework of transitional justice/ The proposed exploration aims to contribute to a nuanced understanding of the temporal dimension within transitional justice, ultimately offering insights that can inform more just and effective responses for the societies in transition.