More and more, the descendants of indigenous victims of genocide, land expropriation, forced labor, and other systematic human rights violations committed by colonial powers are seeking reparations under international law from the modern successor governments and corporations. As the number of colonial reparations cases increases, courts around the world are being asked to apply international law to determine whether reparations are due for atrocities and crimes that might have been committed long ago but whose lasting effects are alleged to injure the modern descendants of the victims. Sarkin analyzes the thorny issues of international law raised in such suits by focusing on groundbreaking cases in which he is involved as legal advisor to the paramount chief of the Herero people of Namibia. In 2001, the Herero became the first ethnic group to seek reparations under the legal definition of genocide by bringing multi-billion-dollar suits against Germany and German companies in a number of U.S. federal courts under the Alien Torts Claim Act of 1789.
The Herero genocide, conducted in German South-West Africa (present-day Namibia) between 1904 and 1908, is recognized by the UN as the first organized state genocide in world history. Although the Herero were subjected to Germany's First Genocide, they have, unlike the victims of the Holocaust, received no reparations from Germany. By machine-gun massacres, starvation, poisoning, and forced labor in Germany's first concentration camps, the German Schutztruppe systematically exterminated as many as 105,000 Herero women, and children, composing most of the Herero population. Sarkin considers whether these historical events constitute legally defined genocide, crimes against humanity, and other international crimes. He evaluates the legal status of indigenous polities in Africa at the time and he explores the enduring impact in Namibia of the Germany's colonial campaign of genocide. He extrapolates the Herero case to global issues of reparations, apologies, and historical human rights violations, especially in Africa.

Colonial Genocide and Reparations Claims in the 21st Century: The Socio-Legal Context of Claims under International Law by the Herero against Germany for Genocide in Namibia, 1904-1908 (PSI Reports)

Business & Money

Sarkin, Jeremy

Economics

Praeger

In 1904, the indigenous Herero people of German South West Africa (now Namibia) rebelled against their German occupiers. In the following four years, the German army retaliated, killing between 60,000 and 100,000 Herero people, one of the worst atrocities ever. The history of the Herero genocide remains a key issue for many around the world partly because the German policy not to pay reparations for the Namibian genocide contrasts with its long-standing Holocaust reparations policy. The Herero case bears not only on transitional justice issues throughout Africa, but also on legal issues elsewhere in the world where reparations for colonial injustices have been called for. This book explores the events within the context of German South West Africa (GSWA) as the only German colony where settlement was actually attempted. The study contends that the genocide was not the work of one rogue general or the practices of the military, but that it was inexorably propelled by Germany's national goals at the time. The book argues that the Herero genocide was linked to Germany's late entry into the colonial race, which led it frenetically and ruthlessly to acquire multiple colonies all over the world within a very short period, using any means available. Jeremy Sarkin is Chairperson-Rapporteur of the United Nations Working Group on Enforced or Involuntary Disappearances, and is at present Distinguished Visiting Professor of Law at Hofstra University in Hempstead, New York. He is also an Attorney of the High Court of South Africa and of the State of New York. A graduate of the University of the Western Cape and of Harvard Law School he has been visiting professor at several US universities where he has taught Comparative Law, International Human Rights Law, International Criminal Law and Transitional Justice Southern Africa (South Africa, Botswana, Lesotho, Swaziland, Namibia and Zimbabwe): University of Cape Town Press/Juta Table of Contents Introduction Aetiology of a genocide Annihilating 'the African tribes with streams of blood &amp; streams of gold': implementing the genocide Did the Kaiser order the genocide? Conclusion

Germany's Genocide of the Herero: Kaiser Wilhelm II, His General, His Settlers, His Soldiers

Literature & Fiction

World Literature

James Currey

In 1904, the indigenous Herero people of German South West Africa (now Namibia) rebelled against their German occupiers. In the following four years, the German army retaliated, killing between 60,000 and 100,000 Herero people, one of the worst atrocities ever. The history of the Herero genocide bears not only on transitional justice issues throughout Africa, but also on legal issues elsewhere in the world where reparations for colonial injustices have been called for. This title explores the events within the context of German South West Africa (GSWA) as the only German colony where settlement was actually attempted. The study contends that the genocide was not the work of one rogue general or the practices of the military, but that it was inexorably propelled by Germany's national goals at the time. The title will argue that the Herero genocide was linked to Germany's late entry into the colonial race, which led it to acquire multiple colonies all over the world frenetically within a very short period, using any means available, including ruthlessness. The seminal influence of the German view of race, racial identity and racial superiority on the unfolding events cannot be overlooked. This book shows how the Germans, in their attempts to confirm their belief that their race was superior, were preoccupied with race identification and the origins of races. It also examines the Kaiser's role. This study recounts the reasons why the Kaiser likely issued the order and why proof of this has not emerged before now. The title reveals his history of violence and the ordering of brutal actions, even against his own citizens. Questions relating to human rights are very much in the news, yet genocides in Africa are understudied, especially those that occurred during colonial times. The history of the Herero genocide has been examined by very few writers and almost no-one in Africa. Sarkin's book deals with the issues from an entirely different point of view and proposes new understandings from an alternative position. It provides a lot of new information not previously dealt with in the little literature there is on the subject.

James Currey (GB)

See the best price to sell, buy, or rent books by Sarkin, Jeremy. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Sarkin, Jeremy