The emerging corporate turn in transitional justice

Abstract

This essay reviews recent developments in transitional justice (TJ) scholarship that represent an emerging corporate turn in TJ. TJ has traditionally focused primarily on states and state-like actors, a movement that has gone hand in hand with the increasing standardization of TJ as a field of practice. Highlighting some of the limits to this model of TJ, scholars have since early 2000s been calling for the need to include economic actors in the TJ system. These four books that have all been published between 2020 and 2022 reflect a new momentum for this movement within TJ scholarship. They all highlight, in different ways, how complimentary innovative mechanisms and creative legal combinations have led and can lead to holding economic actors accountable for past abuse. Corporate accountability has been a blind spot in the increasingly standardized approach to TJ, but this emerging corporate turn represents a possibility to innovating the TJ standard to include “new” actors as subjects of accountability. All books, however, also show that this is far from a straightforward process as it involves transforming the deeply engrained and rigid international law and human rights system, which have usually protected economic elites and focused on states.