Prosecution of Politicide in Ethiopia : The Red Terror Trials

This book investigates the road map or the transitional justice mechanisms that the Ethiopian government chose to confront the gross human rights violations perpetrated under the 17 years’ rule of the Derg, the dictatorial regime that controlled state power from 1974 to 1991. Furthermore, the author extensively examines the prosecution of politicide or genocide against political groups in Ethiopia. Dealing with the violent conflict, massacres, repressions and other mass atrocities of the past is necessary, not for its own sake, but to clear the way for a new beginning. In other words, ignoring gross human rights violations and attempting to close the chapter on an oppressive dictatorial past by choosing to let bygones be bygones, is no longer a viable option when starting on the road to a democratic future. For unaddressed atrocities and a sense of injustice would not only continue to haunt a nation but could also ignite similar conflicts in the future. So the question is what choices are available to the newly installed government when confronting the evils of the past. There are a wide array of transitional mechanisms to choose from, but there is no “one size fits all” mechanism. Of all the transitional justice mechanisms, namely truth commissions, lustration, amnesty, prosecution, and reparation, the Ethiopian government chose prosecution as the main means for dealing with the horrendous crimes committed by the Derg regime. One of the formidable challenges for transitioning states in dealing with the crimes offormer regimes is an inadequate legal framework by which to criminalize and punish egregious human rights violations. With the aim of examining whether or not Ethiopia has confronted this challenge, the book assesses Ethiopia’s legal framework regarding both crimes under international law and individual criminal responsibility. This book will be of great relevance to academics and practitioners in the areas of genocide studies, international criminal law and transitional justice. Students in the fields of international criminal law, transitional justice and human rights will also find relevant information on the national prosecution of politicide in particular and the question of confronting the past in general. Marshet Tadesse Tessema is Assistant Professor of the Law School, College of Law and Governance at Jimma University in Ethiopia, and Postdoctoral Fellow of the South African-German Centre, University of the Western Cape in South Africa. This book investigates the road map or the transitional justice mechanisms that the Ethiopian government chose to confront the gross human rights violations perpetrated under the 17 years' rule of the Derg, the dictatorial regime that controlled state power from 1974 to 1991. Furthermore, the author extensively examines the prosecution of politicide or genocide against political groups in Ethiopia. Dealing with the violent conflict, massacres, repressions and other mass atrocities of the past is necessary, not for its own sake, but to clear the way for a new beginning. In other words, ignoring gross human rights violations and attempting to close the chapter on an oppressive dictatorial past by choosing to let bygones be bygones, is no longer a viable option when starting on the road to a democratic future. For unaddressed atrocities and a sense of injustice would not only continue to haunt a nation but could also ignite similar conflicts in the future. So the question is what choices are available to the newly installed government when confronting the evils of the past. There are a wide array of transitional mechanisms to choose from, but there is no "one size fits all" mechanism. Of all the transitional justice mechanisms, namely truth commissions, lustration, amnesty, prosecution, and reparation, the Ethiopian government chose prosecution as the main means for dealing with the horrendous crimes committed by the Derg regime. One of the formidable challenges for transitioning states in dealing with the crimes of former regimes is an inadequate legal framework by which to criminalize and punish egregious human rights violations. With the aim of examining whether or not Ethiopia has confronted this challenge, the book assesses Ethiopia's legal framework regarding both crimes under international law and individual criminal responsibility. This book will be of great relevance to academics and practitioners in the areas of genocide studies, international criminal law and transitional justice. Students in the fields of international criminal law, transitional justice and human rights will also find relevant information on the national prosecution of politicide in particular and the question of confronting the past in general. Marshet Tadesse Tessema is Assistant Professor of the Law School, College of Law and Governance at Jimma University in Ethiopia, and Postdoctoral Fellow of the South African-German Centre, University of the Western Cape in South Africa This book investigates the road map or the transitional justice mechanisms that theEthiopian government chose to confront the gross human rights violations perpetratedunder the 17 years’ rule of the Derg, the dictatorial regime that controlled state powerfrom 1974 to 1991. Furthermore, the author extensively examines the prosecution ofpoliticide or genocide against political groups in Ethiopia.Dealing with the violent conflict, massacres, repressions and other mass atrocities ofthe past is necessary, not for its own sake, but to clear the way for a new beginning.In other words, ignoring gross human rights violations and attempting to close thechapter on an oppressive dictatorial past by choosing to let bygones be bygones, is nolonger a viable option when starting on the road to a democratic future. For unaddressedatrocities and a sense of injustice would not only continue to haunt a nation butcould also ignite similar conflicts in the future.So the question is what choices are available to the newly installed government whenconfronting the evils of the past. There are a wide array of transitional mechanismsto choose from, but there is no “one size fits all” mechanism. Of all the transitionaljustice mechanisms, namely truth commissions, lustration, amnesty, prosecution,and reparation, the Ethiopian government chose prosecution as the main means fordealing with the horrendous crimes committed by the __Derg__ regime.One of the formidable challenges for transitioning states in dealing with the crimes offormer regimes is an inadequate legal framework by which to criminalize and punishegregious human rights violations. With the aim of examining whether or not Ethiopiahas confronted this challenge, the book assesses Ethiopia’s legal framework regardingboth crimes under international law and individual criminal responsibility.This book will be of great relevance to academics and practitioners in the areas ofgenocide studies, international criminal law and transitional justice. Students in thefields of international criminal law, transitional justice and human rights will alsofind relevant information on the national prosecution of politicide in particular andthe question of confronting the past in general.**Marshet Tadesse Tessema** is Assistant Professor of the Law School, College of Law andGovernance at Jimma University in Ethiopia, and Postdoctoral Fellow of the SouthAfrican-German Centre, University of the Western Cape in South Africa. This book investigates the road map or the transitional justice mechanisms that the Ethiopian government chose to confront the gross human rights violations perpetrated under the 17 years' rule of the Derg, the dictatorial regime that held power from 1974 to 1991. Furthermore, the author extensively examines the prosecution of politicide or genocide against political groups in Ethiopia. 0Dealing with the violent conflict, massacres, repressions and other mass atrocities of the past is necessary, not for its own sake, but to clear the way for a new beginning. In other words, ignoring gross human rights violations and attempting to close the chapter on an oppressive dictatorial past by choosing to let bygones be bygones, is no longer a viable option when starting on the road to a democratic future. For unaddressed atrocities and a sense of injustice would not only continue to haunt a nation but could also ignite similar conflicts in the future. 0So the question is what choices are available to the newly installed government when confronting the evils of the past. There are a variety of transitional mechanisms to choose from, but there is no "one size fits all" mechanism. Of all the transitional justice mechanisms, namely truth commissions, lustration, amnesty, prosecution, and reparation, the Ethiopian government chose prosecution as the main means for dealing with the horrendous crimes committed by the Derg regime.0One of the formidable challenges for transitioning states in dealing with the crimes of former regimes is an inadequate legal framework by which to criminalize and punish egregious human rights violations. With the aim of examining whether or not Ethiopia had confronted this challenge, the book examines both Ethiopia's legal framework regarding crimes under international law and individual criminal responsibility.0. Front Matter ....Pages i-xii Prefatory Part (Marshet Tadesse Tessema)....Pages 1-13 Historical Survey of the Derg Regime and the Infamous Red Terror (Marshet Tadesse Tessema)....Pages 15-64 The Ethiopian Legal Framework for the Prosecution of Crimes Under International Law (Marshet Tadesse Tessema)....Pages 65-131 The Ethiopian Approach to Reckon with Derg Crimes: The Road to the Creation of the Special Public Prosecutor’s Office (Marshet Tadesse Tessema)....Pages 133-170 Criminal Accountability for Derg Crimes: Prosecution of Politicide (Marshet Tadesse Tessema)....Pages 171-239 Stocktaking of the Red Terror Trials: Is It an Approach Worth Emulating? (Marshet Tadesse Tessema)....Pages 241-275 Concluding Remarks (Marshet Tadesse Tessema)....Pages 277-282 Back Matter ....Pages 283-303 Chapter 1. Prefatory Part.- Chapter 2. Historical Survey of the Derg Regime and the Infamous Red Terror.- Chapter 3. The Ethiopian Legal Framework for the Prosecution of Crimes under International Law.- Chapter 4. The Ethiopian Approach to Reckon with Derg Crimes: The Road to the Creation of the Special Public Prosecutor's Office.- Chapter 5. Criminal Accountability for Derg Crimes: Prosecution of Politicide.- Chapter 6. Stocktaking of the Red Terror Trials: Is it an Approach Worth Emulating?.- Chapter 7. Concluding Remarks.- Appendix.- Table of Cases.- Index