Ethiopia’s Special Prosecutor’s Office Needs An International…

Ethiopia’s Special Prosecutor’s Office is drafting transitional justice laws, creating an office to investigate and prosecute international crimes. To succeed, the SPO requires a dedicated international cooperation unit to address the complexities of prosecuting offenders, particularly those outside Ethiopia’s jurisdiction and to secure effective collaboration for extradition and evidence collection.

Ethiopia’s Special Prosecutor’s Office (SPO) is currently drafting transitional justice laws aimed at addressing historical and ongoing abuses through mechanisms of accountability, truth-seeking, reparations, and institutional reforms. A significant aspect of this initiative is the establishment of the SPO, which is intended to investigate and prosecute individuals responsible for severe international crimes, including genocide, war crimes, and torture.

The new SPO will be tasked with locating and prosecuting both domestic and foreign perpetrators, including those outside Ethiopia’s jurisdiction. This presents substantial challenges, particularly when it comes to identifying fugitive offenders and obtaining crucial intelligence, which may necessitate incentivizing informants. Furthermore, securing extraditions has proven difficult, often due to legal complications within the requesting state; therefore, collaboration with other nations is vital for prosecuting offenders.

Acknowledging these complexities, an international cooperation treaty named the Ljubljana-The Hague Convention was adopted in 2024, facilitating cross-border collaboration in crime investigations similar to those the SPO will engage with. Nevertheless, the SPO lacks a crucial international cooperation unit that is essential for it to fulfill its mission effectively.

Three primary reasons justify the establishment of this dedicated unit: Firstly, the SPO must deal with non-Ethiopian offenders, especially Eritreans implicated in atrocities during the Tigray conflict. Historical resistance from Eritrea’s government regarding accountability efforts underscores the need for a cooperative framework, which an international cooperation unit could effectively provide.

Secondly, Ethiopia’s term of dealing with fugitive offenders has been problematic, as evidenced by the numerous in absentia prosecutions following the Dergue trials. Many high-profile defendants from that period were tried without a chance for arrest, primarily due to inadequate international cooperation avenues. Without such a unit, Ethiopia will likely perpetuate this cycle of ineffective prosecution.

Moreover, without the requisite treaties for extradition, the post-1991 SPO was unsuccessful in prosecuting many fugitives. An independent unit would not only facilitate extradition efforts but also create legal frameworks to close gaps hindering justice.

As the SPO is likely to encounter a substantial number of fugitive offenders due to the extensive years of crimes under its jurisdiction, the absence of a dedicated international cooperation unit is particularly alarming. The previous SPO experienced significant challenges in tracking down fugitives, and it lacks the resources necessary to address modern complexities of international law.

Lastly, while Ethiopia’s Ministry of Justice has an international cooperation unit, its structure does not align with the independent nature of the SPO. The SPO is accountable to Parliament, ensuring its independence, whereas the ministry’s international cooperation department is influenced by executive authority, which could undermine the SPO’s capacities.

In conclusion, not having a specialized international cooperation unit within Ethiopia’s new SPO presents a glaring gap in the transitional justice framework that could seriously compromise its credibility and effectiveness. Establishing such a unit is imperative for enhancing the justice process for international crimes and ensuring the long-term efficacy of Ethiopia’s judicial system.

In summary, the establishment of a dedicated international cooperation unit within Ethiopia’s Special Prosecutor’s Office is essential for addressing the challenges of prosecuting international crimes. It not only facilitates accountability for Eritrean perpetrators but also addresses Ethiopia’s historical issues with extradition and cooperation. Thus, the formation of this unit is crucial to enhance the effectiveness of the justice delivered by the SPO and to ensure a robust judicial framework for the future.

Original Source: www.eurasiareview.com