German Colonialism in the Courtroom—Law, Reparation, and the Grammars of the Shoah

Abstract

Abstract: In the quest to address the lingering consequences of colonialism and slavery, activists and human rights practitioners have increasingly utilized legal channels. This article focuses on the Ovaherero and Nama people's pursuit of reparations from Germany in hearings held in New York between 2017 and 2019. It explores the historical conditions for bringing such a case in the United States, arguing that the 1990s economy-focused Holocaust Restitution Movement is a crucial backdrop. The argument examines the implications of applying this 'thefticide' framework to a colonial genocide, suggesting that it provides both an opening and a foreclosure of reparatory possibility in the context of a colonial history where private property relations were first imposed in order to dispossess.