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T A B L E O F C O N T E N T S INRODUCTION Introduction Dealing with the past The Herero genocide Dealing with the genocide International Law today and in 1904 Was it a rebellion or war? When did the war start and finish? Indigenous rights Reparations Terminology 1. THE LEGACY OF THE HERERO GENOCIDE ON NAMIBIA TODAY Introduction Namibia's geographical location Namibia's demography Namibia's history and its legacy Legal status of the Herero in the nineteenth century Protection treaties or relinquishing sovereign rights Dealing with the past The impact of the genocide on Herero identity The legacy of the genocide today The complex land question today The government's view of the Herero court cases in the USA Commemorations of the genocide German development aid to Namibia as a substitute for reparations Conclusion 2. THE HISTORICAL AND CURRENT LEGAL IMPLICATIONS OF GERMANY'S CONDUCT Introduction The origins of international law, including customary international law The inter-relationship of human rights law and humanitarian law International humanitarian law today International humanitarian law in 1904 Which war crimes perpetrated on the Herero were violations of international law at the time? Germany's obligations under international humanitarian law at the time International human rights law Germany's obligations under specific treaties to uphold human rights The origins of crimes against humanity The Martens Clause - connecting war crimes and crimes against humanity Crimes against humanity Defining genocide Do the Herero killings legally constitute genocide? Genocide as a species of crime against humanity Genocide: A new term for an old crime or a new concept? Genocide before the Genocide Convention Slavery and the protection of minority groups Did the Germans know that what they did to the Herero was illegal? 3. THE DEVELOPING NORM OF REPARATIONS AND APOLOGIES FOR HISTORICAL CLAIMS: PAST, PRESENT AND FUTURE Introduction The developing norm of individual reparation claims for human rights and humanitarian claims Reparations for historical human rights violations An apology German reparations in the past The developing international norm of reparations The role of court decisions in the development of the norm of reparations The "reality" of achieving reparations The Herero court cases Why are the Herero suing multinational companies? Pandora's Box Approaching other courts or tribunals? Can states be held responsible for genocide? State succession Can an international court be approached? Can United Nations committees be approached? Approaching regional human rights institutions The European Court of Human Rights Approaching domestic courts Approaching the courts in Germany Approaching the courts in Namibia Approaching the courts in South Africa Length of time Conclusion CONCLUSION The defining role of the 1904 genocide upon the Herero The illegality of Germany's actions under early 20th century international law Both existing and historical international law entitle the Herero to reparations The effect of the Herero's reparations case upon similar claims Conclusion
Library of Congress Subject Headings for this publication:
Herero (African people) -- Reparations.
Namibia -- History -- Herero Revolt, 1904-1907 -- Reparations.
Reparations for historical injustices -- Namibia.
Germany -- Trials, litigation, etc.