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Transitional justice scholarship has increasingly focused on participation to critically reflect upon the legitimacy and transformative potential of transitional justice. This article addresses these issues yet through a different vantage point: that of non-participation. It focuses on the case study of the Khmer Rouge Tribunal and a particular set of actors: those who continue to face political violence in Cambodia today. Thereby, it engages with the perspectives of those often overlooked in transitional justice for having opted out of the process, but also for putting forward justice claims that exceed the mandate of established transitional justice institutions. This article draws from qualitative fieldwork conducted in Cambodia between 2013 and 2016. It demonstrates the epistemic value of engaging with non-participation in transitional justice. It argues that non-participation in judicial transitional justice processes is inherently linked to the ways in which ordinary citizens experience and understand the law in their everyday life. It further highlights continuities in subjective experiences of political violence, which question discourses that political violence is a time that is past in Cambodia.

Resistance and transitional justice / Briony Jones and Julie Bernath -- Resistance to transitional justice in the context of political violence in Cote d'Ivoire / Adou Djane dit Fatogoma -- Seeking a "just justice" : discursive strategies of resistance in Cote d'Ivoire / Briony Jones -- Between resistance to and compliance with transitional justice : the case of political decision-makers in Burundi / Sandra Rubli -- Civil society organisations and transitional justice in Burundi : when making is resisting / Gerard Birantamije -- Resisting and negotiating victim subjectivities in civil party participation at the extraordinary chambers in the Courts of Cambodia / Julie Bernath -- Multivocal resistance to transitional justice in post-genocide Cambodia / Kosal Path -- Concluding reflections / Briony Jones and Julie Bernath.

AbstractThe international community is as ubiquitous as it is elusive and its universalist pretensions remain unchallenged in political and academic discourse. In response, this article turns to Bottici's work on political myths. Against the notion of myths as falsehoods, we argue that they create their own sphere of shared social and political reality. The analysis centres on the case of Cambodia, a country that served as an experiment of liberal interventionism. It draws on archival and field research on two consecutive international interventions, a review of public statements by international actors, and interviews with Cambodian actors and activist. We argue that to understand the ideas actors use to orient themselves as they press for change, it is necessary to consider how decades of engagement with the myth have shaped the political imaginary. Our empirical analysis points to three different phases in the use of the myth: Its production during UNTAC, the reinforcement of its narratives through subsequent legal, aid and development interventions, and finally its contemporary use in a post-liberal context. We observe that Cambodian actors increasingly engage the myth to question the terms of transnational cooperation for democracy. Our work has implications for assessments of the legacies of liberal peacebuilding.

Drawing from the critical scholarship on transitional justice and from studies of resistance, this article brings together different observations of resistance, including different sets of actors, forms and motives of resistance, and analyzes their implications for power and legitimacy in contexts of transition. The article argues that the analytical value of resistance lies in the original vantage point it provides for an engagement with questions of power and legitimacy that inform transitional justice processes, but that are often difficult to identify on an empirical level. In doing so, it proposes a "resistance lens," that is, an explicit focus on resistance that is based on a relational understanding to resistance, in order to move beyond simplistic conceptions of resistance in transitional justice scholarship that mainly approach resistance as resulting from a lack of political will of the powerful elite to implement supposedly universal transitional justice models.