Reparations and Restitution Justice for Colonial Crimes

This paper demonstrates that communities and victims of colonial crimes who suffered gross violations of international human rights and serious violations of international humanitarian law are entitled to reparations and the restitution of their stolen or looted African cultural heritage. Requests made by victims and succeeding generations for reparations and restitution have not been seared into the conscience of humanity. Atrocity crimes against Africans were committed under the cloth of legality. The international legal order which enabled the atrocity crimes did not consider Africans as subjects of international law. Colonial and supposed independent African neo-colonial states were established without effective political, economic and legal frameworks for reparations and restitution justice. This paper establishes a factual, historical and legal basis for reparations for historical crimes against Africans and the restitution of stolen African cultural heritage.

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Publication Details

Journal
Comparative and International Law Journal of Southern Africa
Published
2024-12-31
DOI
https://doi.org/10.25159/2522-3062/16178
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
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article

Reparations and Restitution Justice for Colonial Crimes

Charles A Taku
Comparative and International Law Journal of Southern Africa
International Law and Human Rights
article

Reparations and Restitution Justice for Colonial Crimes

Charles A Taku
article en

Abstract

This paper demonstrates that communities and victims of colonial crimes who suffered gross violations of international human rights and serious violations of international humanitarian law are entitled to reparations and the restitution of their stolen or looted African cultural heritage. Requests made by victims and succeeding generations for reparations and restitution have not been seared into the conscience of humanity. Atrocity crimes against Africans were committed under the cloth of legality. The international legal order which enabled the atrocity crimes did not consider Africans as subjects of international law. Colonial and supposed independent African neo-colonial states were established without effective political, economic and legal frameworks for reparations and restitution justice. This paper establishes a factual, historical and legal basis for reparations for historical crimes against Africans and the restitution of stolen African cultural heritage.

Comparative and International Law Journal of Southern AfricaVol. 57(3)
International Criminal Court
Openalex Percentile: Top 56%
International Law and Human Rights
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