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

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

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

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

Synopsis

Returning to Pleasant Valley is giving Hannah Conroy a much-needed chance at a new life. But now she must discover her true place in the world... Unexpected tragedy has left Hannah without her soldier husband and a home for her baby son, Jamie. Seeking refuge, she comes to live with her aunt in Pleasant Valley, a place she hasn't seen since childhood, when her parents left the Mennonite faith. Working in her aunt's bakery is a way for Hannah to get back on her feet, but she isn't sure if she can live by tradition--or if she and Jamie should stay for good. She finds an unexpected, sympathetic listener in furniture maker William Brand. His stutter makes him feel like a permanent outsider in his Amish community, and he understands her loneliness. Hannah is irresistibly drawn to the shy, caring William, and her education in speech therapy makes it natural for her to want to help him speak more easily. But how can she encourage his attention when she might someday leave Pleasant Valley, and when her father-in-law, a military officer, is scheming to take Jamie away from her? As William seeks the courage to stand up for the woman who believes in him, Hannah must decide where her true home lies--in the free, ever-changing world she knows, or in the simpler, loving community she's found...

Excerpt

Until relatively recently colonial human rights abuses were regarded as morally problematic, but they did not seem to have any legal relevance. the treatment of colonial subjects was largely seen as part of the lawful process of “civilizing.” Yet today there is a growing acceptance that colonial abuses may have belated legal implications, and that some of the colonizers’ actions do not merely retrospectively qualify as violations but were already violations under the laws of that time.

While specific codified instruments were in their infancy in international law in the nineteenth century, international agreements existed even in international criminal law instruments such as the 1878 Lima Treaty to Establish Uniform Rules for Private International Law and the 1889 Montevideo Treaty on International Penal Law. Already at that time various branches of international law, especially international humanitarian law (1864 Geneva Convention), provided protection for individuals and groups. Additionally, international protection for individuals and groups at the time was found not only in international humanitarian law but also in other international legal regulations such as those governing slavery and piracy. the possibility of humanitarian intervention where human rights violations were occurring in other states also existed. Accordingly, there is considerable acceptance today that a number of historical occurrences are actionable as gross human rights and/or humanitarian law violations. in this regard, Elazar Barkan has stated: “Indigenous peoples have only recently become candidates to be considered victims of genocide, rather than merely vanishing people.”

Some would argue that colonialism’s main intention was often the annihilation of indigenous peoples, but colonialism was primarily about control. the . . .

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