Ethiopia’s Special Prosecutor’s Office is drafting laws for transitional justice, focusing on investigating and prosecuting international crimes. A dedicated international cooperation unit is essential for securing extraditions, facilitating international collaboration, and addressing the complexities of prosecuting non-Ethiopian offenders, especially Eritrean nationals. The need for this specialized unit is highlighted by past challenges with fugitives and the efficacy of the SPO.
Ethiopia is currently drafting laws aimed at establishing transitional justice to address past and ongoing abuses, including criminal accountability, truth-seeking, reparations, and institutional reform. A notable aspect is the formation of a Special Prosecutor’s Office (SPO) to address core international crimes such as genocide, war crimes, and crimes against humanity, particularly targeting those most responsible for grave offenses like rape.
The proposed SPO will have the challenging task of prosecuting alleged offenders not only within Ethiopia but also abroad, particularly focusing on fugitive perpetrators. To aid in this endeavor, the draft law proposes incentivizing informants to provide information on individuals evading justice. It is crucial for Ethiopia to establish relationships with foreign jurisdictions to prosecute offenders effectively, especially in cases of denied extradition requests.
A significant development in this regard is the Ljubljana-The Hague Convention, adopted in 2024, aimed at fostering international collaboration for prosecuting similar international crimes. However, the SPO currently lacks a dedicated international cooperation unit, critical for effectively discharging its mandate.
The absence of such a unit can hinder the prosecution of Eritrean individuals accused of crimes during the Tigray war, alongside Ethiopia’s historical challenges in partnering with international bodies for justice. The lack of cooperation from Eritrean authorities during the past trials indicates that the new SPO might face similar resistance without a structured approach for international collaboration.
Previously, many individuals were tried in absentia due to the inability to secure extradition, as observed during the Dergue trials where significant numbers of defendants were absent. The SPO’s predecessor encountered inefficiencies in locating fugitives and securing legal cooperation, which hampered the process of obtaining justice.
Without adequate bilateral or multilateral treaties for extradition, the need for a dedicated international cooperation unit becomes increasingly evident. Such a unit would actively address existing deficiencies in legal agreements, promoting reforms that bolster Ethiopia’s international engagement.
The proposed SPO could encounter a higher number of fugitive offenders now compared to its predecessor, exacerbating the urgency for a unit that can address international cooperation effectively. Furthermore, the existing international cooperation unit within Ethiopia’s Justice Ministry is not structured to meet the specific demands of the new SPO, emphasizing the need for a more independent framework.
In conclusion, establishing a dedicated international cooperation unit for the SPO is not merely beneficial, but critical for the integrity of Ethiopia’s transitional justice process. This independent unit would not only facilitate the prosecution of international crimes but would also ensure the sustainability and effectiveness of Ethiopia’s judicial system moving forward.
The establishment of an independent international cooperation unit within Ethiopia’s Special Prosecutor’s Office is essential for ensuring justice for international crimes. This unit would address historical challenges related to extradition and international collaboration, facilitating accountability for fugitive offenders. In light of the complexities arising from prosecuting both domestic and international perpetrators, a specialized structure is paramount to enhance Ethiopia’s transitional justice framework and strengthen its judicial system.
Original Source: www.eurasiareview.com
