Transitional justice options for post-war Russia

Abstract

In February 2022, Vladimir Putin, under the pretext of defending Russians in the Donetsk and Luhansk regions, launched an all-out attack on sovereign Ukraine. Since then, Russia has violated multiple principles of just warfare. We consider the question of accountability for these crimes, outlining two scenarios: (1) the Putin regime remains in place, and (2) it is succeeded by a post-war regime that undertakes transitional justice as part of a broader effort at democratization. We review international institutions adjudicating criminal responsibility and domestic transitional justice mechanisms that eschew criminal approaches to accountability in favor of personnel policies. Combining limited purges with truth-revelation can prevent the accumulation of grievances and help rebuild a democratic culture. Although normative standards of justice might demand harsh punishment of Russian leaders by criminal tribunals, focusing on broad personnel transitional justice – purges and lustrations – carried out domestically can be conducive to long-term democratic stability in Russia.