Was quashing the Maji-Maji uprising genocide? An evaluation of Germany's conduct through the lens of international criminal law

Bachmann, Klaus; Kemp, Gerhard

Abstract

Recently, political actors in Tanzania have demanded compensation from Germany for colonial atrocities against various ethnic and religious groups during the Maji-Maji uprising (1905-1907). By analyzing first-hand archival records from Germany and Tanzania, this article examines whether German actions constitute genocide according to the Genocide Convention or the International Criminal Tribunals' jurisprudence. The authors find strong evidence to support a claim of genocide, and assess the viability of potential compensation claims against Germany; they conclude, however, that such claims would meet significant obstacles due to the concept of state immunity for sovereign actions under international customary law, as well as case law of the International Court of Justice.

• Journal Article Type: Article
• Acceptance Date: May 12, 2021
• Online Publication Date: Jul 30, 2021
• Publication Date: Sep 1, 2021
• Deposit Date: Jun 13, 2023
• Journal: Holocaust and Genocide Studies
• Print ISSN: 8756-6583
• Electronic ISSN: 1476-7937
• Publisher: Oxford University Press (OUP)
• Peer Reviewed: Peer Reviewed
• Volume: 35
• Issue: 2
• Pages: 235-249
• DOI: https://doi.org/10.1093/hgs/dcab032
• Keywords: genocide and holocaust studies; international criminal law; German colonial history
• Public URL: https://uwe-repository.worktribe.com/output/10861346
• Publisher URL: https://academic.oup.com/hgs/article/35/2/235/6330489