The Herero filed lawsuit against Germany in 2001, demanding reparations for the alleged genocide during German colonialism- resuscitating a century old debate of whether the Herero Rebellion is indeed the first genocide of the twentieth century. This study investigates the complex nature, background and origin of the term genocide ranging from the Nuremberg International Military Tribunal, to the Hague and the 1948 Genocide Convention. Analysis continues with an in depth look at the historical background of Germany, its South West African colony and German colonial policy. Furthermore, this study investigates the intricacies and depth of the Herero Rebellion-specifically the cause and course of the campaign, as well as the extermination order and its effect on both the Herero and Nama tribes. The study climaxes with the application of the Herero Rebellion to contemporary genocide convention as laid out by definition and criminal elements, alongside the proven notion that the premise of genocide did exist at that time not only in international law but specifically within various German agreements.