Historic Ruling

Abstract In a landmark decision, the Court of Appeal of Brussels has affirmed that the policy implemented by Belgian authorities during colonization to abduct and segregate Métis children constituted a crime against humanity and warrants reparations for the victims. This ruling, of profound symbolic and historical significance, sets a groundbreaking legal precedent for other victims of systemic violence and discrimination imposed by colonial powers, who may now feel empowered to seek reparations before Belgian or other European courts. The decision is particularly striking given that, at the time, crimes against humanity had not yet been criminalized in the Belgian Criminal Code. Nevertheless, the Court of Appeal recognized that such crimes were already established as independent offences under international law and could be relied upon to claim reparations.

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Publication Details

Journal
Journal of International Criminal Justice
Published
2025-03-04
DOI
https://doi.org/10.1093/jicj/mqaf009
Primary Topic
Historical Economic and Social Studies
Type
article
Field-Weighted Citation Impact
0.00
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Historic Ruling

Jérôme de Hemptinne
Journal of International Criminal Justice
Historical Economic and Social Studies
article

Historic Ruling

Jérôme de Hemptinne
article en

Abstract

Abstract In a landmark decision, the Court of Appeal of Brussels has affirmed that the policy implemented by Belgian authorities during colonization to abduct and segregate Métis children constituted a crime against humanity and warrants reparations for the victims. This ruling, of profound symbolic and historical significance, sets a groundbreaking legal precedent for other victims of systemic violence and discrimination imposed by colonial powers, who may now feel empowered to seek reparations before Belgian or other European courts. The decision is particularly striking given that, at the time, crimes against humanity had not yet been criminalized in the Belgian Criminal Code. Nevertheless, the Court of Appeal recognized that such crimes were already established as independent offences under international law and could be relied upon to claim reparations.

Journal of International Criminal JusticeVol. 23(2)
Utrecht University (NL)
Openalex Percentile: Top 91%
Historical Economic and Social Studies
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