TITLE:
Fighting against Impunity in Ethiopia: An Emphasis on Crime against Humanity
AUTHORS:
Dersolegn Yeneabat
KEYWORDS:
Crime against Humanity, International Core Crimes, Erga Omens Duties, Jus Cogens Norms, Ethiopian Legal Framework
JOURNAL NAME:
Beijing Law Review,
Vol.11 No.1,
January
10,
2020
ABSTRACT: There are different reports and literatures that display crime against humanity which is one of the international crimes has been committed in Ethiopia for the last couple of decades. The main emphasis of this paper is to assess whether is it possible to convict those who found guilty (if any) by using the current Ethiopian legal frameworks with a view to fight against impunity as the government of Ethiopia has an erga omnes duty. For this purpose, clear evaluation is made on the former penal code, FDRE constitution and FDRE criminal code as to how a crime against humanity is criminalized. Accordingly, the paper argues that the former Ethiopian penal law stipulated crime against humanity only as a title which is blurred with the crime of genocide in a given provision. Similarly, it is not certain and clear that the FDRE constitution gives a full picture of crime against humanity which is basically divorced from the criminal principle of legality. Though the FDRE criminal code was expected to give much recognition in a way that enables the government to prosecute those who committed a crime against humanity, paradoxically it completely failed to give at least certain recognition. Therefore, using these laws to prosecute those who found guilty in committing a crime against humanity has different implications. Firstly, it will help real criminals to escape from criminal punishment. Secondly, it contradicts with the principle of legality which is one of the vital criminal law principles. Lastly, it will serve as a weapon for the violation of fundamental human rights of citizens by the government.