Domestic application of international criminal law
Federal Democratic Republic of Ethiopia
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Crimes Crime of Aggression
No provision
Crimes Against Humanity
Article 28 of the Constitution of the Federal Democratic Republic of Ethiopia addresses criminal liability for crimes against humanity:
"Article 28. Crimes Against Humanity
Article 44 of the Criminal Code makes a reference to the offences provided for under Articles 269-274 as "crimes against humanity".
1. Criminal liability of persons who commit crimes against humanity, so defined by international agreements ratified by Ethiopia and by other laws of Ethiopia, such as genocide, summary executions, forcible disappearances or torture shall not be barred by statute of limitation. Such offences may not be commuted by amnesty or pardon of the legislature or any other state organ.
2. In the case of persons convicted of any crime stated in sub-Article 1 of this Article and sentenced with the death penalty, the Head of State may, without prejudice to the provisions here in above, commute the punishment to life imprisonment."
See:
The Criminal Code of the Federal Democratic Republic of Ethiopia (2005). [ENG]
Proclamation No. 414/2004, Federal Negarit Gazeta, Addis Ababa, 09 May 2005
Constitution of The Federal Democratic Republic of Ethiopia Proclamation No. 1/1995. (08 December 1994). [ENG]
Proclamation No. 1/1995, Addis Ababa, 21 August 1995Genocide
Genocide is defined in Part II "Special Part", Book III "Crimes against the State or against National or International Interests", Title II "Crimes in Violation of International Law", Chapter I "Fundamental Crimes", Article 269, of the Criminal Code of Ethiopia. See:
The Criminal Code of the Federal Democratic Republic of Ethiopia (2005). [ENG]
Proclamation No. 414/2004, Federal Negarit Gazeta, Addis Ababa, 09 May 2005War Crimes
War crimes are defined in Part II "Special Part", Book III "Crimes against the State or against National or International Interests", Title II "Crimes in Violation of International Law", Chapter I "Fundamental Crimes", Articles 270-282, of the Criminal Code of Ethiopia. See:
The Criminal Code of the Federal Democratic Republic of Ethiopia (2005). [ENG]
Proclamation No. 414/2004, Federal Negarit Gazeta, Addis Ababa, 09 May 2005
Jurisdiction The territorial jurisdictional regime in force in Ethiopia is contained in Articles 11-20 of the Criminal Code. The following Articles are specially relevant:
"Article 15.- Crimes Committed in a Foreign Country by a Member of the Defence Forces.
1) Where a member of the Ethiopian Defence Forces in such capacity commits a crime against the ordinary law in a foreign country he shall be subject to the ordinary law and territorial jurisdiction if he is arrested and tried in the country where the crime was committed.
If he has taken refuge in Ethiopia, he shall be tried in accordance with the provision of Article 21 (2) of this Code.
(2) In cases of crimes against international law and specifically military crimes as defined in Article 269-322, the member of the Defence Forces shall remain subject to national law, and be tried under the provisions of this Code by Ethiopian military courts.""Article 17.-Crimes Committed Outside Ethiopia Against International Law or Universal Order."
See also:
(1) Any person who has committed outside Ethiopia:(a) a crime against international law or an international crime specified in Ethiopian legislation, or an international treaty or a convention to which Ethiopia has adhered; or
shall be liable to trial, in Ethiopia in accordance with the provisions of this Code and subject to the general conditions mentioned hereinafter (Arts. 19 and 20(2)) unless a final judgment has been given after being prosecuted in the foreign country.
(b) a crime against public health or, morals specified in Articles 525, 599, 635, 636, 640 or 641 of this Code;
(2) Nothing in this Article shall affect the provisions of Articles 14 and 15(2)."
Information submitted by Ethiopia on the scope and application of the principle of universal jurisdiction in accordance with General Assembly resolution 64/117
General Assembly of the United Nations, Sixth Committee (Legal), sixty-fifth session (4 October to 11 November 2010). [ENG]
International Criminal Court
Rome Statute of the International Criminal Court: The Federal Democratic Republic of Ethiopia is not a state party to the Rome Statute of the International Criminal Court.
Special Prosecutor v. Colonel Mengistu Haile Mariam et al.
Ethiopian Supreme Court. 26 May 2008
[Document not found. Please contact intlaw@derechos.org with any information concerning the document or a possible source.]
Special Prosecutor v. Colonel Mengistu Haile Mariam et al.
Sentencing judgment, Ethiopian Federal High Court. 11 January 2007
[Document not found. Please contact intlaw@derechos.org with any information concerning the document or a possible source.]On 11 January 2007, the Ethiopian Federal High Court rendered its judgment "in the case of Mengistu Haile Mariam and his co-accused who had been tried, among others, on charges of genocide and crimes against humanity. This was the first African trial where an entire regime was brought to justice before a national court for atrocities committed while in power. Twenty-five of the 55 accused found guilty, including Mengistu, were tried in absentia (Mengistu remains in exile in Zimbabwe). The trial took 12 years, making it one of the longest ever trials for genocide. In December 2006, Mengistu was convicted by majority vote of genocide and crimes against humanity pursuant to Article 281 of the 1957 Ethiopian Penal Code, which includes political groups among the groups protected against genocide. A dissenting judge took the position that the accused should have been convicted of aggravated homicide because the relevant part of the provision had been repealed. A few weeks later, the Court, by majority, sentenced the top tier of the accused to life imprisonment, taking into account certain extenuating circumstances... In addition to ensuring some accountability, the judgment is important for providing an official and detailed account of what happened in those years in Ethiopia under Mengistu's reign."
[Source: Firew Kebede Tiba, "The Mengistu Genocide Trial in Ethiopia", Journal of International Criminal Justice, May 2007]
Special Prosecutor v. Colonel Mengistu Haile Mariam et al.
Reply submitted by the Special Prosecutor in response to the objections filed by the counsels for the defendants in the case of Col. Mengistu Haile Mariam et al. 23 May 1995. [ENG]
Agreement between the Government of the State of Eritrea and the Government of the Federal Democratic Republic of Ethiopia
12 December 2000. [EDITION IN PROGRESS]
Agreement on Cessation of Hostilities between the Government of the Federal Democratic Republic of Ethiopia and the Government of the State of Eritrea
18 June 2000. [EDITION IN PROGRESS]
Technical Arrangements for the Implementation of the OAU Framework Agreement
31 August 1999. [EDITION IN PROGRESS]
Security Council Resolution 1177 (1998) on the situation between Eritrea and Ethiopia
26 June 1998. [EDITION IN PROGRESS]
Constitution of The Federal Democratic Republic of Ethiopia Proclamation No. 1/1995
Federal Negarit Gazeta. [ENG]. [Last accessed 16Nov17] [External Link to pdf document]
Proclamations of the Federal Democratic Republic of Ethiopia
Federal Negarit Gazeta. [ENG]. [Last accessed 16Nov17] [External Link]
Federal Negarit Gazeta. (State Gazette of the Federal Democratic Republic of Ethiopia).
Ethiopian Federal Supreme Court. [AMH]. [Last accessed 16Nov17] [External Link]
Guide to Law Online: Ethiopia. Law Library of Congress.
[ENG]. [Last accessed 16Nov17] [External Link]
List of International Humanitarian Law Treaties to which Ethiopia is a State party
(International Committee of the Red Cross). [ENG]. [Last accessed 16Nov17]. [External Link]