The Injustices of Reparations

Abstract

The campaign for reparations for colonial violence, slavery, and exploitation is now becoming a global phenomenon, as claims are being pursued in different jurisdictions and international forums.1 Each of these claims has its own specific legal character because of various factors including the forum in which it is brought, the applicable law, and the identity of the plaintiffs. Nevertheless, many reparations claims are based on appeals to international law, to developments in international human rights law and international criminal law, and specific prohibitions on slavery and genocide. It would appear intuitive that international law would provide remedies to the blatant injustices that are the subject of these claims. Slavery and exploitation have been denounced in the Durban Declaration2 and genocide and crimes against humanity including apartheid and other such practices are listed in the statute of the International Criminal Court.3 International law, however, has been largely a creation of the European powers; and historically, the law has facilitated rather than remedied colonial violence.4 It is unsurprising then that many claims for reparations encounter some basic legal obstacles.5 This is hardly coincidental. A legal system that is based on conquest will not readily permit an inquiry into its imperial origins, far less remedies for the injustices it permitted, indeed, mandated.