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Abstract

As global calls for reparatory justice—aimed at addressing “historical” and ongoing harms stemming from genocide, dispossession, assimilation, and enslavement—grow, this Article explores critical challenges in designing transformative processes of reparation. While a host of transitional justice mechanisms, such as reparations, tribunals, and truth and reconciliation processes are at the forefront of these discussions, a critical examination of their limitations will provide the groundwork for their enhancement. Past applications of transitional justice mechanisms have frequently failed to address root causes of violence, which reinforces State power despite its failures to protect its citizens from that violence, causing secondary harm to survivors/victims.

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