Dialogue / Media Reports

Govt lawyers argue Germany immune from genocide lawsuit – Windhoek Observer 09-10-2025

“Govt lawyers argue Germany immune from genocide lawsuit

[9 October 2025; ed.]

The Namibian government has argued that Germany can only be sued in its own courts. It said the country’s High Court has no jurisdiction over Germany in the ongoing genocide case.

[…]

The state’s legal team, which includes Raymond Heathcote, Sakeus Akweenda, Sisa Namandje, and Eliaser Nekwaya, argued that the rule of state immunity, accepted by international law and the Diplomatic Privileges Act of 1951, stops Namibia’s courts from having power over a foreign government.

[…]

The case was filed by Landless People’s Movement (LPM) leader Bernadus Swartbooi and 12 traditional authorities, including the Ovaherero, Witbooi, Afrikaner, and Topnaar Traditional Authorities.

They seek to overturn Parliament’s decision to note the Namibia–Germany Joint Declaration, which aims to promote reconciliation over the 1904–1908 genocide.

The applicants argue that the declaration is unconstitutional because it was never ratified by parliament and excludes affected communities.

They also want Germany joined to the case, arguing that sovereign immunity should not apply in cases involving genocide and other crimes that violate jus cogens norms, such as slavery and war crimes.

The government maintained that while international law prohibits genocide, the prohibition does not override the immunity of a sovereign state before foreign courts.

[…]

[T]he LPM accused the government of siding with Germany at the expense of justice for victims of the 1904–1908 Herero and Nama genocide.

The party described the government’s legal actions as a “betrayal” of genocide victims, saying it has chosen to protect Germany instead of pursuing accountability.

The LPM also criticised the decision to hire advocate Heathcote to argue that Namibian courts have no jurisdiction over Germany, calling it a “wasteful expenditure” of public funds.

Germany pledged €1.1 billion (about N$20 billion) over 30 years for development and reconciliation projects but did not include direct reparations or legal liability.

Traditional leaders and the LPM argue that the negotiations excluded genocide descendants and violated a 2006 parliamentary resolution.

In 2023, they filed a High Court application seeking to have the declaration declared unlawful and to join Germany as a respondent.

[…]

On 2 October, Amnesty International called on Germany to fully acknowledge its legal responsibility for the genocide and provide reparations to descendants of the victims.

The human rights organisation said both the German and Namibian governments must ensure the full and meaningful participation of the Ovaherero and Nama peoples in any reparation process.

[…]

On 2 October 1904, German commander General Lothar von Trotha issued a proclamation ordering the extermination of the Ovaherero people.

A few months later, on 22 April 1905, he extended a similar directive against the Nama people.

Between 1904 and 1908, it is estimated that more than 75,000 Ovaherero and Nama, along with thousands of other Indigenous Peoples, including members of the San and Damara communities, were killed under German colonial rule.”