Reparations for colonialism and the perils of legalisation

Organised by

• Department of Law

Reparations for colonialism and colonial-era atrocities have moved from an unrealised demand of citizens in the global South to a project with some results in the real world. Key markers include the return of numerous art objects to their countries of origin; the CARICOM proposal for reparations; and Namibia’s agreement with Germany regarding the genocide against the Herero people, along with the resultant controversy. International lawyers have focused on the extent of any duties of states to provide reparations under the law of state responsibility, in particular calling for decolonising that law as well as on norms of transitional justice.

This article argues that these two legal regimes are ill-suited to the special challenges of addressing reparations for colonialism and urges a move away from identifying legal duties. It proposes an alternative framework for international law as one that facilitates and guides the conclusion of individual agreements that will actually get reparations to those who seek them.