Whose international customary law applies?

The first genocide of the 20 th century, perpetuated against the OvaHerero and Nama peoples in what is now Namibia, remains unresolved in international and domestic courts. The communities continue to seek reparations for atrocities committed under German colonial rule. On 2 October 1904, General Von Trotha issued an extermination order, with the following chillingdirective:  “I the great general of the German troops send this letter to the Herero people, the Hereros are no longer German subjects. All Hereros must leave the land. If the people do not want this, then I will force them to do so with a great gun. Any Herero found within the German borders with or without a gun, with or without cattle, will be shot. I shall no longer receive any women and children. I will drive them back to their people or I will shoot them. This is my decision for the Herero people.”