Echoes from the Past: The Annihilation of the Hereros in Erstwhile and Contemporary International Law - War Crimes or Genocide?

Abstract

The Herero Massacre of 1904-1908, perpetrated by German colonial forces in South-West Africa, stands as one of the most brutal episodes of colonial violence in history. This research examines the massacre through historical, legal, and contemporary lenses, aiming to assess its classification as a war crime or genocide and its impact on international law. The study analyzes the systematic campaign of extermination against the Herero people, including General von Trotha's explicit extermination order and the use of concentration camps. Findings indicate that while the massacre predates the formal definition of genocide, it aligns closely with contemporary understandings of both genocide and war crimes. The research also explores the ongoing implications of the massacre, including debates about state responsibility for historical injustices and calls for reparations. The Herero case has significantly influenced the evolution of international law regarding colonial atrocities and continues to shape discussions about postcolonial justice. The study concludes that the Herero Massacre not only represents a historical tragedy but also poses ongoing challenges to our understanding of justice, responsibility, and the enduring impacts of colonial violence.