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US court dismisses Germany genocide case against the Herero and Nama people

US court dismisses Germany genocide case against the Herero and Nama people

The Circuit Court of Appeal in New York on 24 September, dismissed the genocide case against Germany and concluded that jurisdiction is unavailable and that Germany is immune in this case.

The ruling did not sit well with the Nama Traditional Leaders Association and the Herero Traditional Authority, who opened the case against Germany, according to a joint statement released by the Authorities, as they see fundamental legal error at its heart.

In response to this verdict, the Paramount Chief Advocate, Vekuii Rukoro, Ombara Otjitambi of the Ovaherero Traditional Authority and Gaob: Johannes Isaack of the Nama Traditional Leaders Association, have instructed their attorneys in New York to file a Petition for Rehearing and for ‘En Banc’ Proceedings.

“The En Bank Petition will be put to a vote by the entire Second Circuit, which will decide whether or not to rehear and withdraw the flawed decision, we expect to file our En Banc Petition in the first week of October and we promise to share it broadly after it is filed,” they announced in a statement.

According to the Authorities they know from the onset that this is a marathon and not a 100 metre dash and they are in it for the long haul and if need be they will take it to the US Supreme Court.

“The merits of the case was not even consider and the Germans by hiding behind technicalities can for a while pop champagne bottles in celebration of the hollow ‘German victory’, while the smart Germans themselves know that there’s nothing to celebrate as their nightmare is to become more complex,” they warned.

They also emphasised that no viable and lasting negotiated settlement is possible without the full, direct and active participation of the Ovaherero and Nama Leaders representing the mourning overwhelmingly majority of the Victim Communities, as opposed to hand-picked pro-government clan Chiefs.

“The Herero and Nama people can rest assured that the struggle will continue in and outside the courts until victory is delivered,” they concluded.


About The Author

Mandisa Rasmeni

Mandisa Rasmeni has worked as reporter at the Economist for the past five years, first on the entertainment beat but now focussing more on community, social and health reporting. She is a born writer and she believes education is the greatest equalizer. She received her degree in Journalism at the Namibia University of Science and Technology (NUST) in June 2021. . She is the epitome of perseverance, having started as the newspaper's receptionist in 2013.