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
Ezio Di Nucci
Jack Alan Reynolds
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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|
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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.
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