The logic of colonial non-reparation to African former colonies: institutional racism at the ICJ

Abstract

This article examines institutional racism within the International Court of Justice (ICJ), focusing on the lack of reparations for former African colonies. Based on decolonial theory and Aníbal Quijano’s concept of the coloniality of power, it argues that international law remains structured around Eurocentric logics that favor the Global North and systematically marginalize historical claims from the Global South. Through literature review and the analysis of emblematic cases and official documents, the study highlights how African legal epistemologies are overlooked. Although international jurisprudence recognizes the right to reparation – as affirmed in the Chorzów Factory Case (1928) – the ICJ often avoids addressing historical violations by invoking procedural barriers. Nonetheless, reparation initiatives outside the ICJ, such as the cases of the Mau Mau in Kenya and the Herero and Nama in Namibia, illustrate the feasibility of restorative justice frameworks. A critical examination of the ICJ’s composition reveals that, despite geographic diversity, the dominance of Euro-American legal education limits epistemological plurality. The study concludes that the current architecture of international justice sustains racial hierarchies and calls for structural reform to promote inclusion, recognition, and redress for historically racialized nations.