To fulfil its promise to fight impunity, Ethiopia must enact legislation criminalising gross human rights violations.
Second, focusing on prosecuting the predicate offences of crimes against humanity disregards the crime’s fundamental notions and origin. Predicate offences such as murder, rape and grave wilful injury are ‘ordinary crimes’. Crimes against humanity are more serious international crimes in terms of gravity and harm, and carry unique contextual elements — such as the attack being widespread or systematic — which are not required for any of its predicate offences.
Contrary to Ethiopia’s promises, prosecuting crimes against humanity as ordinary crimes can hardly be different from the inability or unwillingness to prosecute. It could be seen as an attempt to shield perpetrators from justice, and doesn’t consider relevant rules on statutory limitations, immunities, superior orders and command responsibility.
The absence of crimes against humanity law in the country poses not just a hypothetical problem. It has practically led to the politicisation of violence and trials, says a senior prosecutor who talked to the Institute for Security Studies on condition of anonymity.
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