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Icc Investigation

The ICC may prosecute genocide, crimes against humanity, and war crimes committed by nationals of ICC member states, on ICC member state territory, or when a non-member state consents to ICC jurisdiction. The ICC can also investigate situations referred by the UN Security Council. For the ICC to investigate Ethiopia, a situation would need to be referred by Ethiopia or the Security Council as Ethiopia is not an ICC member. Investigations by international organizations found crimes against humanity and war crimes were committed in Ethiopia's conflict, but did not establish full ICC jurisdiction. Ethiopia has an obligation under international law to investigate and prosecute serious crimes. National dialogue is the best approach to build tolerance and end violence in Ethiopia.

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Danny Get
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48 views1 page

Icc Investigation

The ICC may prosecute genocide, crimes against humanity, and war crimes committed by nationals of ICC member states, on ICC member state territory, or when a non-member state consents to ICC jurisdiction. The ICC can also investigate situations referred by the UN Security Council. For the ICC to investigate Ethiopia, a situation would need to be referred by Ethiopia or the Security Council as Ethiopia is not an ICC member. Investigations by international organizations found crimes against humanity and war crimes were committed in Ethiopia's conflict, but did not establish full ICC jurisdiction. Ethiopia has an obligation under international law to investigate and prosecute serious crimes. National dialogue is the best approach to build tolerance and end violence in Ethiopia.

Uploaded by

Danny Get
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

The ICC may prosecute crimes of genocide, crimes against humanity, and war crimes when the

allegedly responsible individuals are nationals of one of the States parties to the Rome Statute or
the crime was committed on the territory of a State Party, or the State involved submits a
declaration authorizing the ICC’s jurisdiction with respect to the alleged crime. In such cases, the
State involved must refer the situation to the ICC or the ICC must authorize the Prosecutor’s
investigation proprio motu. The ICC may also investigate and prosecute when the situation has
been referred to it by the UN Security Council, even without the relevant State’s ratification of
the Rome Statute or ad hoc acceptance of ICC’s jurisdiction.

Without a UN Security Council referral or self-referral as a non-state party based on Article


12(3) of the Rome Statute, One may argue that the conditions are not fully met for ICC to
investigate the situation in Ethiopia. A territorial jurisdiction model claimed by the ICC on
Myanmar, a non-state party, following the alleged deportation of the members of the Rohingya
people to Bangladesh, which is a state party, is also not present in the case of Ethiopia.

Several organizations have launched investigations into claims of human rights breaches in
Ethiopia, and their conclusions and recommendations have been published. The Joint
Investigation Team (JIT), which included members from the UN Office for the High
Commission for Human Rights (OHCHR) and the Ethiopian Human Rights Commission
(EHRC), investigated crimes allegedly committed between November 3, 2020 and June 28, 2021
– from the time the armed conflict in northern Ethiopia erupted to the time the government
declared a unilateral cease-fire and withdrew its forces from Tigray and published its findings in
November 2021. Many of the abuses perpetrated by both parties to the conflict may amount to
crimes against humanity and war crimes,

But the finding came short to Constitute the crimes a full jurisdiction for ICC. Rather it
recommended that the Ethiopian Government has an obligation to investigate and prosecute
serious crimes both under treaty and customary international law. Concerning the ongoing non-
international armed conflict, customary international law requires Ethiopia to ‘investigate war
crimes allegedly committed by their nationals or armed forces, or on their territory, and, if
appropriate, prosecute the suspects’ (CIHL Rule 158). Ethiopia is also a party to different
international instruments that explicitly impose an obligation to investigate and prosecute serious
crimes, such as the Convention against Torture (article 7) and the Genocide Convention (article
1).

5. National Consensus and reconciliation is always the right step to make peace and move
forward in an effort to end the cycle of violence and division. The preparation for the
establishment of the national dialogue commission which the parliament already passed the
proclamation and selected the commissioners. That aimes to bring people together from across
the ideological spectrum in a non-confrontational and collaborative environment is the best way
to build a culture of tolerance and respect in the political spac

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