Reparations for Historical Human Rights Violations: The International and Historical Dimensions of the Alien Torts Claims Act Genocide Case of the Herero of Namibia
University of South Africa
Carly K. Fowler
The Fletcher School
October 8, 2008
Human Rights Review, Vol. 9, 2008
Hofstra Univ. Legal Studies Research Paper No. 08-14
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 permits reparation 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.
Number of Pages in PDF File: 39
Keywords: international humanitarian law, international human rights law, reparation, international criminal law, Alien Torts Claims Act, Namibia, USA, Germany, International law, comparative law
JEL Classification: K14, K33, N40, N47Accepted Paper Series
Date posted: October 13, 2008 ; Last revised: October 27, 2008
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