Reparations for the Herero genocide: Defining the limits of international litigation

Abstract

The Herero were the first ethnic group to be subjected to genocide in the twentieth century. In 2001, the Herero became the first ethnic group to seek reparations for colonial policies that fit the definition of genocide. The Herero are the latest plaintiff to use the procedures of the Alien Torts Claim Act of 1789 to seek reparations in a US federal court for war crimes committed overseas. This article analyzes the legal arguments by Hereros against Germany within the context of current understandings of international law and identifies the challenges that lie ahead for this claim. The article also explores the implications of the Herero claim for other ethnic groups victimized by colonization. © 2007 Oxford University Press.