Reparations for Historical Human Rights Violations: The International and Historical Dimensions of the Alien Torts Claims Act Genocide Case of the Herero of Namibia

Between 1904 and 1908, German colonialists in German South West Africa (GSWA, known today as Namibia) committed genocide and other international crimes against two indigenous groups, the Herero and the Nama. From the late 1990s, the Herero have sought reparations from the German government and several German corporations for what occurred more than a hundred years ago. This article examines and contextualizes the issues concerning reparations for historical human rights claims. It describes and analyzes the events in GSWA at the time. It further explores whether international humanitarian law and international human rights law today permit reparatations to be obtained. The article therefore examines the origins of international criminal law, as well as international human rights and humanitarian law, to determine whether what occurred then were violations of the law already in force. Finally, the article examines and evaluates the Herero reparations cases, as well as the potential impact of the cases on the wider reparations movement that sees an increasing number of claims for events that occurred during colonial times.

Wie lässt sich Demokratie am besten messen? Zum Forumsbeitrag von Thomas Müller und Susanne Pickel

Ohne Zusammenfassung * Die vier Autor(inn)en arbeiten in einem gemeinsamen Forschungsprojekt des NCCR Democracy (vom Schweizerischen Nationalfonds finanziertes National Centre of Competence in Research: Challenges to Democracy in the 21^st Century) und des WZB an einem „Demokratiebarometer“ für die 30 OECD-Staaten, das die Ignoranz der 0-Varianz bei Polity und Freedom House aufkl?ren will.

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Open Societies and Closed Minds

Karl Popper’s equation of the closed society with tribalism is reviewed and modified. The German origins of the anthropological concept of culture and its related ideas of the folk culture and cultural relativism are explored. The vicissitudes of the idea of The Folk and its swing from Right to Left are related to contemporary neo-primitivism. The open society and high culture are defended.

Getting to Peace? Negotiating with the LRA in Northern Uganda

Getting to peace is not a straightforward process. In Uganda, internal conflict has raged for more than 20 years between the Government and the Lord’s Resistance Army. The construction of a comprehensive negotiated settlement is at the mercy of conflicting ideologies and influences at the international, national and grassroots levels. This paper examines the Juba peace talks, the major actors in the negotiation process, and tension between prosecution and amnesty.

Why it Never Really was About Authenticity

Critics of the concept fail to note that staged authenticity is not authenticity but its opposite or negation. This error is illustrated referencing Ed Bruner’s reading of The Tourist in his recent book Culture on Tour.

Citizenship Debates in the New Germany

Nowhere is the fear, guilt, and pain of Germany’s dreadful past more evident that in contemporary debates over immigration policy. This debate has pit successive Christian Democratic Union politicians, who define Germany in ethno-nationalist terms, against the German left, which seeks to replace the volkish national tradition with a post-national multicultural identity. Ethno-nationalists and multicultural post-nationalists speak powerful, but mutually exclusive, moral languages that galvanize large segments of the German public. At the national level, extremists rarely succeed in Germany’s immigration debates, and the legislation that prevails represents a chaotic mix of liberal and nationalist policies.

Lessons of Russian in Afghanistan

The experience of Soviet involvement in Afghanistan (1979–1989) is considered through the prism of institutional transfers. Afghanistan has a long history of attempts to implement Muslim, Soviet and Anglo-Saxon institutional designs. Most of them have failed. This failure can be attributed to the lack of ‘elective affinity’ between traditional and new institutions imported from more developed countries. It is argued that a careful examination of the degree of elective affinity must precede any attempt of institutional transfers. An analysis of Ph.D. dissertations defended by Afghan students at Soviet and Russian universities complements logical arguments and references to historical facts.

Religion and National Identity in America and Europe

America and Europe have had very different religious experiences, and these differences have continuing consequences. In America, the preponderance of Reform Protestantism gave rise to religious and political pluralism, a religious marketplace, and the continuing vitality of the churches. In Europe, the dominance of state churches gave rise to the eventual rejection of these churches and religions when the traditional political and social authorities were rejected, particularly by the Generation of 1968. However, Europe’s extreme secularization has rendered it confused and ineffective in dealing with the new religious challenge posed by Muslim immigrant communities.

Antwort auf die Replik von Marc Bühlmann,Wolfgang Merkel,Lisa Müller und Bernhard Weßels zum Forumsbeitrag von Thomas Müller und Susanne Pickel

Ohne Zusammenfassung

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Gender Differences in Political Knowledge: Distinguishing Characteristics-Based and Returns-Based Differences

This study assesses whether gender-based differences in political knowledge primarily result from differences in observable attributes or from differences in returns for otherwise equivalent characteristics. It applies a statistical decomposition methodology to data obtained from the 1992–2004 American National Election Studies. There is a consistent 10-point gender gap in measured political knowledge, of which approximately one-third is due to gender-based differences in the characteristics that predict political knowledge, with the remaining two-thirds due to male–female differences in the returns to these characteristics. The methodology identifies the relative contribution of the predictors of political knowledge to each portion of the gap, and then uses this information to elucidate the underlying sources of the political knowledge gender gap and its prognosis. Education is the characteristic that most clearly enlarges the gap, with men receiving significantly larger returns to political knowledge from education than women. Group membership reduces the gap as women obtain gains in political knowledge from belonging to organizations that do not accrue to men. However, these gains are not sufficient to significantly reduce the gap.

Comparing Putin’s and Brezhnev’s Policies toward the Middle East

This article compares Moscow’s and Washington’s foreign policies toward the Middle East in 1982 and 2008. In 1982, Moscow and Washington each had a distinct set of friends and foes. In 2008, Washington still has a distinct set of friends and foes, but Moscow has relatively good relations with all governments and most major opposition movements in the region—the only exceptions being Al Qaeda and its affiliates. It is argued that Putin’s policy toward the Middle East is not really aimed at displacing the U.S. in the region, but protecting Russia and Russian interests from Al Qaeda and its allies. Indeed, a continued American presence in the region serves to protect Russian interests in the region.

When Education Research Matters

The tangled relationship between education research and policy has received little serious scrutiny, even as paeans to “scientifically based research” and “evidence-based practice” have become a staple of education policymaking in recent years. For all the attention devoted to the 5-year-old Institute of Education Sciences, to No Child Left Behind’s call for “scientifically based research,” to professional interest in data-driven decision-making, and to the refinement of sophisticated analytic tools, little effort has gone into understanding how, when, or why research affects education policy. Instead, most discussion has focused on how to identify “best practices” or “scientifically based” methods and how to encourage classroom educators to use research findings. In this article, based on the new volume, When Research Matters: How Scholarship Influences Education Policy, Frederick M. Hess examines these questions.

The Most Unique of all Unique Species

This article identifies the shortcomings of “orthodox neo-Darwinians” such as Richard Dawkins, George Williams and Daniel Dennett in their efforts to describe human nature and human pro-social behavior. As an alternative to the views of these thinkers, the efforts of Peter Richerson, Robert Boyd, and other “dual inheritance” theorists to describe the evolution of human nature are also characterized. It is argued that dual inheritance theorists have surpassed the orthodox neo-Darwinians in their explanations for very important and uniquely human features such as our extensive sociability, complex cumulative culture and morality.

Justice: Plain Old and Distributive: Rejoinder to Charles Taylor

This paper argues that the views of Charles Taylor on justice in income and wealth distribution are fallacious, especially in regard to issues such as private property rights, justice, human rights, and theft. As to this last point, Taylor maintains it is possible, under certain circumstances, to “legitimately steal.” We regard this as a philosophical howler of the first order. We also demur from his contention that equity and equality can be used as synonyms.

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Can We Have a Public Bioethic?

This essay examines the viability of a publically held, articulated, and enacted bioethic in America's democratic regime. The essay takes the writings of several thinkers associated with the President's Council on Bioethics as its point of departure. The essay draws attention to some of the enduring moral, political, religious, and intellectual currents inherent in American civil society that will continue to provide both resources for and obstacles to any publicly held bioethic in America.

Extending a Life with Meaning

This essay questions Callahan’s criticism of people’s aspiration to extend their life. It argues that ideas about life are subject to historical variations and the question at issue is whether society can give meaning to aging. It also questions the claim that the radical extension of human life will jeopardize the welfare of future generations. It suggests that the application of the precautionary principle to the question of aging avoid facing up to question how society should value the old.

Close But Not Close Enough

The authors comment on an earlier aritice in Society by Eugene Goodheart and offer a novel hypothesis about the origins of religion.

The Freedom of Expression in Global Perspective

This paper presents recent events including the Danish cartoon crisis occasion—a re-examination of John Stuart Mill’s argument for freedom of expression. Despite the appeal of liberalism, Mill’s philosophy had from the start been subject to intense criticism. The rise of political Islam opens a new phase in the debate; the difficulties pointed out by Mill’s critics are indicative of the obstacles that liberalism still faces.

The Incongruities of Grutter

This article scrutinizes the inconsistencies in the 2003 Grutter v. Bollinger Supreme Court decision which upheld the University of Michigan’s law school affirmative action policy. The decision, which now governs university admissions policies in all 50 states, ruled that “diversity” remains a compelling state interest that legally justifies discriminating between individuals on the basis of their race in determining college admissions. This article examines two incongruous justifications offered by the Grutter court in justification for their ruling: the “critical mass” justification and the no “undo harm” argument. Neither rationale is able to withstand careful, logical examination.

Pluralism and Multiculturalism

I agree with Roger Sandall’s opposition to the ‘culture cult’ in broad outline, but wish to register three reservations. First, he is too sweeping in apparently attacking the whole of ‘multiculturalism’, and unfair in condemning claims on the basis of the motives allegedly behind them. Second, his relativist interpretation of Berlin and Herder needs qualification, since their work also contains the idea of value pluralism, which should be distinguished from relativism. Third, the political implications of pluralism support a commitment to liberal universalism and liberal multiculturalism, which may not be far removed from Sandall’s own position.