Colonial Genocide And Reparations Claims In The 21st Century

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Colonial Genocide And Reparations Claims In The 21st Century
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Author : Jeremy Sarkin
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2008-11-30
Colonial Genocide And Reparations Claims In The 21st Century written by Jeremy Sarkin and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-11-30 with Political Science categories.
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.
The Victims Of Slavery Colonization And The Holocaust
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Author : Kitty Millet
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-03-09
The Victims Of Slavery Colonization And The Holocaust written by Kitty Millet and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-09 with History categories.
This book provides a sophisticated investigation into the experience of being exterminated, as felt by victims of the Holocaust, and compares and contrasts this analysis with the experiences of people who have been colonized or enslaved. Using numerous victim accounts and a wide range of primary sources, the book moves away from the 'continuity thesis', with its insistence on colonial intent as the reason for victimization in relation to other historical examples of mass political violence, to look at the victim experience on its own terms. By affording each constituent case study its own distinctive aspects, The Victims of Slavery, Colonization and the Holocaust allows for a more enriching comparison of victim experience to be made that respects each group of victims in their uniqueness. It is an important, innovative volume for all students of the Holocaust, genocide and the history of mass political violence.
The Long Shadow Of German Colonialism
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Author : Henning Melber
language : en
Publisher: Oxford University Press
Release Date : 2024-09-01
The Long Shadow Of German Colonialism written by Henning Melber and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-01 with History categories.
From 1884 to 1914, the world's fourth-largest overseas colonial empire was that of the German Kaiserreich. Yet this fact is little known in Germany and the subject remains virtually absent from most school textbooks. While debates are now common in France and Britain over the impact of empire on former colonies and colonizing societies, German imperialism has only more recently become a topic of wider public interest. In 2015, the German government belatedly and half-heartedly conceded that the extermination policies carried out over 1904-8 in the settler colony of German South West Africa (now Namibia) qualify as genocide. But the recent invigoration of debate on Germany's colonial past has been hindered by continued amnesia, denialism and a populist right endorsing colonial revisionism. A recent campaign against postcolonial studies sought to denounce and ostracize any serious engagement with the crimes of the imperial age. Henning Melber presents an overview of German colonial rule and analyses how its legacy has affected and been debated in German society, politics and the media. He also discusses the quotidian experiences of Afro-Germans, the restitution of colonial loot, and how the history of colonialism affects important institutions such as the Humboldt Forum.
Lemkin On Genocide
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Author : Steven Leonard Jacobs
language : en
Publisher: Lexington Books
Release Date : 2012-07-23
Lemkin On Genocide written by Steven Leonard Jacobs and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-23 with Religion categories.
Providing an annotated commentary on two unpublished manuscripts written by international law and genocide scholar Raphael Lemkin, Steven L. Jacobs offers a critical introduction to the father of genocide studies. Lemkin coined the term "genocide" and was the motivating force behind the 1948 United Nations Convention on the Punishment and Prevention of the Crime of Genocide. The materials collected here give readers further insight into this singularly courageous man and the issue which consumed him in the aftermath of the Second World War. It is a welcome addition to the library of genocide and Holocaust Studies scholars and students alike.
International Human Rights Law And Practice
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Author : Ilias Bantekas
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-25
International Human Rights Law And Practice written by Ilias Bantekas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-25 with Law categories.
Innovative mix of theory and practice, coupled with engaging writing style and integrated interviews to guarantee students' interest and understanding.
Africa And The Shaping Of International Human Rights
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Author : Derrick M. Nault
language : en
Publisher: Oxford University Press
Release Date : 2020-12-17
Africa And The Shaping Of International Human Rights written by Derrick M. Nault and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-17 with History categories.
Africa throughout its postcolonial history has been plagued by human rights abuses ranging from intolerance of political dissent to heinous crimes such as genocide. Some observers consequently have gone so far as to suggest that human rights are a concept alien to African cultures. The International Criminal Court (ICC)'s focus on Africa in recent years has reinforced the region's reputation as a hotspot for human rights violations. But despite Africa's notoriety concerning human rights, Africa and the Shaping of International Human Rights argues that the continent has been pivotal in helping to shape contemporary human rights norms and practices. Challenging prevailing Eurocentric interpretations of human rights' origins and evolution, it demonstrates that from the colonial era to the present Africa's peoples have drawn attention to and prompted novel ways of thinking about human rights through their encounters with the world at large. Beginning with the depredations of King Leopold II in the Congo Free State in the 1880s and ending with the ICC's current activities in Africa, it reveals how African events, personalities, groups, and nations have influenced the trajectory of human rights history in intriguing and critical ways, in the end enlarging and universalizing a major discourse of our time.
International Law As Constructive Resistance Towards Peace And Justice
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Author : Makoto Seta
language : en
Publisher: BRILL
Release Date : 2024-07-01
International Law As Constructive Resistance Towards Peace And Justice written by Makoto Seta and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-01 with Law categories.
Professor Toshiki Mogami, the featured figure of this memorial edition, has developed his academic career in international law and politics. Professor Mogami’s original normative and analytical framework is characterized by himself as Jus Contra Anarchism et Oligarchism: international law against interstate and institutionalised violence. The editors extract the very essence of his teachings from Professor Mogami’s masterpieces, specifically, International Law as Constructive Resistance towards Peace and Justice.
A Cultural History Of Race In The Modern And Genomic Age
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Author : Tanya Maria Golash-Boza
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-06-01
A Cultural History Of Race In The Modern And Genomic Age written by Tanya Maria Golash-Boza and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-01 with History categories.
The period from the 1920s to the present is marked by the rise of eugenics, the expansion and hardened enforcement of immigration laws, legal apartheid, the continuance of race pseudoscience, and the rise of human and civil rights discourse in response. Eugenics programmes in the early 20th century focused on sterilization and evolved into unimaginable horrors with the Nazi regime in Germany. Countries in Europe and across the Americas have used immigration policies to shape the racial composition of their territories. Legal apartheid has been slowly dismantled in the United States and South Africa yet continues to have enduring consequences. Eugenics today persists in various permutations of race science. Leaders and activists have drawn from civil and human rights discourses to fight back against the persistence of racial inequalities and racialized discourses in the 21st century. We can look back on history and see that the Holocaust was a tragedy of historic proportions, yet the tradition of scientific racism that led to the Holocaust continues. We can look back and see that the internment of the Japanese during the Second World War was a horrific injustice, yet detention camps filled with Central Americans continue to proliferate in the United States and refugee camps around the world are overflowing. As this volume makes clear, racism is an ideology that is adept at changing with the times, yet never dissipates
Transitional Justice
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Author : Norman Weiß
language : en
Publisher: Universitätsverlag Potsdam
Release Date : 2022-01-28
Transitional Justice written by Norman Weiß and has been published by Universitätsverlag Potsdam this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-28 with Law categories.
This publication deals with the topic of transitional justice. In six case studies, the authors link theoretical and practical implications in order to develop some innovative approaches. Their proposals might help to deal more effectively with the transition of societies, legal orders and political systems. Young academics from various backgrounds provide fresh insights and demonstrate the relevance of the topic. The chapters analyse transitions and conflicts in Sierra Leone, Argentina, Nicaragua, Nepal, and South Sudan as well as Germany’s colonial genocide in Namibia. Thus, the book provides the reader with new insights and contributes to the ongoing debate about transitional justice. Gegenstand dieser Publikation ist das Thema „Transitional Justice“. In sechs Fallstudien verknüpfen die Autoren theoretische und praktische Implikationen, um innovative Ansätze zu entwickeln. Ihre Vorschläge wollen dazu beitragen, den Übergangsprozess von Gesellschaften, Rechtsordnungen und politischen Systemen effektiver zu gestalten. Nachwuchswissenschaftler mit unterschiedlichem fachlichem Hintergrund geben hier neue Einblicke und zeigen die fortdauernde Relevanz des Themas. Die Kapitel analysieren Übergänge und Konflikte in Sierra Leone, Argentinien, Nicaragua, Nepal und Süd-Sudan sowie den kolonialen Völkermord in Namibia. So liefert das Buch dem Leser neue Erkenntnisse und trägt zur laufenden Debatte über das Thema „Transitional Justice“ bei.
Contemporary International Criminal Law Issues
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Author : Takeh B. K. Sendze
language : en
Publisher: Springer Nature
Release Date : 2023-03-28
Contemporary International Criminal Law Issues written by Takeh B. K. Sendze and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-28 with Law categories.
This book critically analyses diverse international criminal law (ICL) issues in light of recent developments in the international criminal justice system following the pursuit of accountability in Africa and around the world. It gives a scholarly analysis of issues pertaining to ICL and the pursuit of accountability in Africa by way of several topics including universal jurisdiction in Africa, Boko Haram in Nigeria, the legitimacy of the ICTR, the law of genocide committed against the Herero and Nama peoples, the African perspective on international co-operation in criminal matters, the Malabo Protocol, and whether an African Regional Court is a viable alternative to the ICC. Further discussed are other aspects of ICL, such as prosecuting sexual and gender-based crimes at the ICC, sexual and gender-based crimes perpetrated against men, guilty pleas within ICL and slavery within international criminal justice. With this, the book also refers to the jurisprudence of several international courts and tribunals including the ICTR, the ICTY, the SCSL, the ICC, the ECCC, the KSC, and the STL. This timely contributed volume updates international criminal law experts, practitioners, academics, human rights activists and other stakeholders on contemporary developments in ICL and provides recommendations that address accountability for mass atrocity crimes and ideas for strategic ICL litigation at the national, international, regional and sub-regional levels. It will prompt constructive exchanges on what can be improved in prosecuting mass atrocity crimes around the world. Takeh B.K. Sendze is an Advocate and Legal Officer with the United Nations International Residual Mechanism for Criminal Tribunals in Arusha, Tanzania. Adesola Adeboyejo is a Trial Lawyer at the International Criminal Court. Sir Howard Morrison QC is a former International Judge and an Associate Tenant at Doughty Street Chambers in London, United Kingdom. Sophia Ugwu is a Solicitor and Advocate who founded the Centre for African Justice, Peace and Human Rights in The Hague, The Netherlands.