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Can Reparations for Apartheid Profi ts be Won in US Courts?
Abstract
The campaign for apartheid reparations in the United States of America (US) courts at present is pitting black South Africans in the Jubilee and Khulumani organisations
(as well as individuals) against three dozen multinational corporations and friendly
governments in Washington, London, Berlin and Pretoria. The demand for reparations
extends the logic of international antiracism solidarity campaigning, dating back
to the sanctions era. Plaintiffs' use of the Alien Tort Claims Act extends a precedent
set by Holocaust victims' descendants. The US justice system's conservatism is stretched, due to plaintiff appeals in 2008 reaching even the Supreme Court. And the change in South African (SA) government leadership may open up space to debate the critical questions: how to achieve justice from pro-apartheid corporations, and also disincentivise future exploitation in similar circumstances?
Africa Insight Vol. 38 (2) 2008: pp. 13-25