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July 7, 2025 69 mins
In this episode, host Alex Batesmith sits down with Dr Rachel Killean and Dr Lauren Dempster to discuss their groundbreaking new book, Green Transitional Justice (Routledge, 2025). The conversation explores the urgent need to rethink transitional justice (TJ) in light of the environmental crises facing post-conflict societies. Dr Killean and Dr Dempster begin by explaining what drew them to the intersection of TJ and environmental harm. Their book emerges from a shared concern that traditional TJ mechanisms—designed to address human rights violations in post-conflict settings—have largely ignored the profound and lasting harms inflicted on Nature. They deliberately use the term “harms against Nature” to signal a shift away from anthropocentric language and to foreground the agency and value of the natural world. The book is structured around four major critiques of the TJ field. First, the authors argue that knowledge production in TJ is shaped by Eurocentric and neocolonial perspectives, often marginalising Indigenous and feminist epistemologies. They advocate for a more inclusive approach that recognises lived experience, interconnectivity, and the importance of naming environmental harm. Second, they critique the dominance of “anthropocentric legalism” in TJ—where legal frameworks and human rights discourses prioritise human victims and overlook ecological damage. This, they argue, limits the field’s ability to respond meaningfully to environmental destruction. The third critique addresses how TJ mechanisms often leave structural inequalities intact. Concepts like “slow violence” and “crimes of the powerful” help illuminate how environmental harms are ongoing and systemic, not just episodic. The authors call for a shift toward transformative environmental justice, drawing on thinkers like Nancy Fraser to propose a model that includes redistribution, recognition, and representation. Finally, the book challenges the neoliberal underpinnings of TJ, particularly its alignment with economic growth and extractivism. Instead, Killean and Dempster explore alternative worldviews—buen vivir, Ubuntu, and ecological swaraj—that offer more holistic, communitarian approaches to justice. In closing, the authors outline six guiding principles for “greening” TJ, including decolonising justice, recognising non-human victimhood, and rejecting neoliberal inevitability. While acknowledging the challenges of such a radical reimagining, they remain hopeful that the field can evolve to meet the intertwined needs of people and planet. Alex Batesmith is an Associate Professor in Legal Professions in the School of Law at the University of Leeds, and a former barrister and UN war crimes prosecutor. His University of Leeds profile page can be found here Bluesky: @batesmith.bsky.social LinkedIn: https://www.linkedin.com/in/batesmith/ His recent publications include: ‘“Closeted” Cause Lawyers in Authoritarian Cambodia’ (with Kieran McEvoy) Law and Society Review (2025) 1-33 DOI:10.1017/lsr.2025.29 (open access) “Cambodia and the progressivist ‘imaginary’: The limitations of international(ised) criminal tribunals as mechanisms for implementing human rights” in Louisa Ashley and Nicolette Butler (eds), The Incoherence of Human Rights in International Law: Absence, Emergence and Limitations (Routledge, 2024 ISBN13: 978-1-032638-03-4) “‘Poetic Justice Products’: International Justice, Victim Counter-Aesthetics, and the Spectre of the Show Trial” in Christine Schwöbel-Patel and Rob Knox (eds) Aesthetics and Counter-Aesthetics of International Justice (Counterpress, 2024 ISBN 978-1-910761-17-5) "Lawyers who want to make the world a better place – Scheingold and Sarat’s Something to Believe In: Politics, Professionalism, and Cause Lawyering" in D. Newman (ed.) Leading Works on the Legal Profession (Routledge, July 2023), ISBN 978-1-032182-80-3) Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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