Ethiopia’s proposed Special Prosecutor’s Office requires a dedicated international cooperation unit to effectively prosecute international crimes. This unit would aid in pursuing foreign fugitives, overcoming extradition challenges, and securing evidence. Without it, the effectiveness and independence of the SPO could be compromised amid complex international legal landscapes and historical resistance from Eritrea.
Ethiopia is currently formulating transitional justice laws intended to address historical and ongoing human rights violations through avenues such as criminal accountability and reparations. Central to these efforts is the proposed establishment of a Special Prosecutor’s Office (SPO) to investigate serious international crimes, including genocide and torture. This new legal framework emphasizes the need to pursue justice for both Ethiopian nationals and foreign perpetrators of such offenses.
The SPO’s mandate extends outside of Ethiopia’s jurisdiction, obliging it to investigate and prosecute individuals, including foreign nationals, suspected of crimes under its authority. However, pursuing fugitives can be inherently complex and often requires unconventional intelligence-gathering methods, such as incentivizing informants to assist in locating these individuals.
Furthermore, the SPO must navigate the complications of extradition, especially when requests are frequently denied due to various legal justifications by other states. To tackle this issue, it is critical for the SPO to establish partnerships with third-party countries to facilitate prosecutions under universal jurisdiction, highlighting the necessity for ongoing international collaboration.
The Ljubljana-The Hague Convention, adopted in 2024, aims to enhance cross-border cooperation in prosecuting international crimes similar to those within the SPO’s jurisdiction. However, the SPO currently lacks a specialized international cooperation unit, which is deemed essential for its operational effectiveness.
Such a unit is crucial due to the involvement of Eritrean nationals in crimes committed during the Tigray conflict, as Eritrea’s government has historically been uncooperative regarding accountability issues. Past experiences have shown that lacking an international cooperation mechanism could signal Ethiopian authorities’ insufficient commitment toward holding Eritrean offenders responsible.
Ethiopia’s previous attempts at prosecuting international crimes through the Dergue-era trials underscored the challenges of engaging fugitives, with many cases resulting in trials held in absentia. The absence of a specialized international cooperation division during these trials complicated efforts to extradite key fugitives and investigate international crimes effectively.
Recent research indicates that even some individuals tried in absentia claimed ignorance of pending charges. The historical context of these prosecutions illustrates the importance of enhancing legal frameworks and cooperation mechanisms to address extradition challenges.
The establishment of a dedicated international cooperation unit within the SPO is vital, as Ethiopia’s transitional justice process is anticipated to encounter a significant number of fugitives—more so than the previous effort, with a broader temporal jurisdiction covering over three decades.
Although the Justice Ministry has an international cooperation unit, it lacks the independence needed to effectively serve the SPO. Consequently, there is a risk that the ministry’s handling of SPO matters could undermine the office’s intended autonomy and credibility.
In summary, integrating a specialized international cooperation unit into the SPO is paramount for successfully delivering justice for international crimes. Such a unit would not only enhance the prosecutorial capabilities of the SPO but also foster an overall improvement in Ethiopia’s judicial system, benefiting future legal processes beyond its immediate mandate.
Establishing an independent international cooperation unit within Ethiopia’s Special Prosecutor’s Office is essential to address complexities in pursuing justice for international crimes. Given the history of uncooperative states like Eritrea and the challenges faced in previous prosecutions, a dedicated unit will facilitate extradition processes and secure accountability. This initiative is vital for enhancing Ethiopia’s judicial framework and ensuring effective transitional justice.
Original Source: www.eurasiareview.com
