Reparations for Historical Human Rights Violations: The International and Historical Dimensions of the Alien Torts Claims Act Genocide Case of the Herero of Namibia [Book Review]
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Human Rights Review 9 (3):331-360 (2008)
Between 1904 and 1908, German colonialists in German South West Africa (GSWA, known today as Namibia) committed genocide and other international crimes against two indigenous groups, the Herero and the Nama. From the late 1990s, the Herero have sought reparations from the German government and several German corporations for what occurred more than a hundred years ago. This article examines and contextualizes the issues concerning reparations for historical human rights claims. It describes and analyzes the events in GSWA at the time. It further explores whether international humanitarian law and international human rights law today permit reparatations to be obtained. The article therefore examines the origins of international criminal law, as well as international human rights and humanitarian law, to determine whether what occurred then were violations of the law already in force. Finally, the article examines and evaluates the Herero reparations cases, as well as the potential impact of the cases on the wider reparations movement that sees an increasing number of claims for events that occurred during colonial times
|Keywords||German colonialists Genocide Herero|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
J. Allen & B. A. Hocking (2010). Unlocking the Alienation: A Comparative Role for Alien Torts Legislation in Post-Colonial Reparations Claims? Human Rights Review 11 (2):247-276.
Barbara Ann Hocking, Scott Guy & Jason Grant Allen (2010). Three Sorries and You're In? Does the Prime Minister's Statement in the Australian Federal Parliament Presage Federal Constitutional Recognition and Reparations? Human Rights Review 11 (1):105-134.
Similar books and articles
Manfred Berg & Bernd Schäfer (eds.) (2009). Historical Justice in International Perspective: How Societies Are Trying to Right the Wrongs of the Past. Cambridge University Press.
Massimo Renzo (2012). Crimes Against Humanity and the Limits of International Criminal Law. Law and Philosophy 31 (4):443-476.
Pablo De Greiff (ed.) (2006). The Handbook of Reparations. Oxford University Press.
Jon Miller & Rahul Kumar (eds.) (2007). Reparations: Interdisciplinary Inquiries. Oxford University Press.
M. Kamminga, Final Report on the Impact of International Human Rights Law on General International Law.
Barbara Rose Johnston & Susan Slyomovics (eds.) (2009). Waging War, Making Peace: Reparations and Human Rights. Left Coast Press.
Margaret Urban Walker (2010). Truth Telling as Reparations. Metaphilosophy 41 (4):525-545.
Added to index2009-01-28
Total downloads26 ( #115,620 of 1,725,414 )
Recent downloads (6 months)1 ( #349,420 of 1,725,414 )
How can I increase my downloads?