Berlin understands that the crime of genocide was not defined at the beginning of the 20th century and that it does not have retroactive effect.
BERLIN, 16 (DPA/EP)
The German government has announced its intention to address crimes committed during its colonial history in countries such as Namibia and Tanzania, but it has already stated that it does not consider providing financial compensation to those affected, believing that these crimes were not covered by international law at the time.
To give an example in the case of Namibia, German troops killed around 65,000 Herero and 10,000 Nama between 1904 and 1908 during an uprising against the colonial authorities, and thousands were interned in concentration camps during what is considered the first genocide of the 20th century.
In 2021, Namibian authorities accepted German compensation focused on land reform, employment, and education projects worth around €1.1 billion over the next 30 years, but no money has yet been disbursed as talks on the implementation of these programs have not been concluded.
Now, in response to a parliamentary question from the Green Party, the coalition led by Chancellor Friedrich Merz has pledged to "address the injustices committed under German colonial rule," although financial compensation is out of the question because, according to the government, "the concept of reparation in international law arises from the violation of an international obligation," which did not exist at the time the injustices were committed.
In other words, at the time these crimes were committed, the concept of genocide did not exist. It was established as a criminal offense by a UN General Assembly convention in 1948. Since the German government believes it has no retroactive effect, there is no reason to compensate these countries.
Green Party MP Claudia Roth, who submitted the request along with her party colleagues Awet Tesfaiesus and Jamila Schäfer, criticized the German government's stance. "Remembering the injustices committed by Germany is a prerequisite for lasting cooperation with countries affected by colonialism," she stated, "and that requires empathy, not a formal legal refusal."
In comments to the newspaper Tagesspiegel, Tesfaiesus also denounced Berlin's attitude. "We cannot hide behind formal legal arguments, especially in a republic whose constitution places the inviolable dignity of the human person at the heart of its statehood," he declared.