Law

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Browsing Law by Author "Abate, Mizanie (PhD)"

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    IHL and War on Terrorism: The Case of Al-Shabbaab
    (Addis Ababa Universty, 2017-01) Alamrew, Tewodros; Abate, Mizanie (PhD)
    Currently armed conflicts are becoming more complex and difficult to regulate. Technological developments sophisticated the means of warfare with immense destructive capacity of military weapons which pose a challenge on the purpose of international humanitarian law to ensure compliance on the protection of civilians and regulate means and methods of warfare. The sophistication of military powers particularly state military powers makes international armed conflict a rare business of states. On the contrary there is a high increment of non-international armed conflict. Political, ethnic, national or religious grievances and the struggle for access to critical resources remained as the source of many ongoing cycles of armed conflict, and have sparked recent outbreaks of hostilities. However, great military power of states makes fruitless the efforts of non-state parties to achieve their objective on the traditional means and methods of armed conflict. Because of this impasse a number of non-state armed group use all sorts of means and methods of warfare to the extent to compromise the basic principles of IHL. Moreover, in contemporary armed conflict it is possible to easily identify a large share of the armed conflict is NIAC. These situations corroborated with insufficient regulation of IHL over NIAC increase the suffering of civilian and make them vulnerable to military attacks.
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    Implementation of the Right to Housing of Persons with Disabilities in Addis Ababa
    (Addis Ababa University, 2018-06) Kenea, Fasika; Abate, Mizanie (PhD)
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    The Implications of the Ethiopian Civil Society Law on Efforts of Non-Governmnetal Organizations to Enhance the Implementation of the African Charter on Human and People’s Rights in Ethiopia
    (Addis Ababa University, 2018-06) Yaschalew, Rediet; Abate, Mizanie (PhD)
    Protection and promotion of human rights need a far-reaching effort of all stakeholders. It is rather not left to states and treaty bodies only. Individuals often face financial and other constraints to bring claims to treaty bodies or domestic courts while states may not always be able to protect and promote human rights of individuals. Regrettably, treaty bodies and other international organizations may be unable to witness and investigate human right violations that occur in different states across the globe. In such instances, NGOs play a momentous role in protecting individuals from human rights abuse and violations. In the African context, NGOs often make concrete proposals to the African Commission on Human and Peoples’ Rights on measures it could adopt to investigate the specific country situations on human rights or violations or mechanisms it could establish to deal with thematic issues. Ethiopia, as a party to the African Charter on Human and Peoples’ Rights is expected to implement the Charter nationally, which entails the need for NGOs to enhance this implementation emanates. Hence, this study seeks to evaluate the human right implication of the Ethiopian NGOs laws specifically, the Charities and Societies Proclamation and its implementing directives in enhancing the domestic implementation of the Charter. The thesis questions whether there is enough space for NGOs to nationally implement the African Charter in Ethiopia and argues that there is no adequate space for NGOs to do so due to the operational and funding impediments under the Ethiopian charities and societies law imposed on NGOs that are working and intending to work on human rights. Key words: CSOs, NGOs, association, implementation.
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    The Responsibility to Protect and the Current Syrian Crisis
    (Addis Ababa University, 2017-05) Amberber, Afel; Abate, Mizanie (PhD)
    The Responsibility to Protect (R2P), an international norm established in 2005 by the United Nations, stipulates conditions under which the United Nations should intervene in defense of victims of mass atrocities in a member state. R2P’s goal is to define the best attitude to adopt when the world is confronted to grave humanitarian crises. Within R2P, each state carries the primary responsibility to protect its citizens. The international society carries a collective duty to solve a humanitarian crisis when a state has failed to fulfil this responsibility. The concept R2P implies a series of conditions whose purpose is to grant legitimacy and effectiveness to an international intervention aimed at solving a humanitarian crisis. The Syrian conflict constitutes an evident case where the international society failed to fulfil its responsibility to protect. The people in Syria are suffering from mass atrocities and their consequences are left on their own, because the international society is being unable to respond collectively. These thesis examines how the conditions towards R2P were addressed in the cases of Syria and how those actions should be incorporated in the eyes of international law to stop the violence against the Syrian people.
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    The Right to Conscientious Objection under Ethiopian Law
    (Addis Ababa University, 2011-06) Tesfaye, Meron; Abate, Mizanie (PhD)
    Conscientious objection is the refusal to participate in armed services based upon opposition to armed conflict This opposition may rest upon reasons of religious belief, philosophy, morality or political ideology, Historically, many conscientious objectors have been executed, imprisoned or otherwise penalized when their beliefs leads to actions conflicting with their society's legal system or government Nowadays, however, the right to conscientious objection to military service is can be inferred fi-om a number of international human rights instruments, It is considered as an extension of the right to freedom of thought, conscience and religion which is recognized under article 18 of Universal Declaration of Human Rights (UDHR) and International Covenant on Civil and Political Rights (ICCPR), This right has got also an implied recognition under the Federal Democratic Republic of Ethiopia (FDRE) Constitution. The problem is that however the Constitution as well as subordinate legislations does not address plenty of issues arising in connection with the right to conscientious objection. They do not provide the grounds of exemption from military service, the scope of objection, the type and the duration of alternative service and the organ that entertain conscientious objection application. They are not clear also weather enlisted and professional soldiers have the right to claim the right to conscientious objection.
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    Thelegal Basis, Relevance and Effectiveness of One Stop Center in Ensuring Rights of Women and Children in the Ethiopian Criminal Justice System
    (Addis Ababa,University, 2021-09) Mesfin, Miheret; Abate, Mizanie (PhD)
    Violence against women and children is a world phenomenon that is increasing at an alarming rate. To respond to this horrifying action countries are devising a mechanism that provides multi-sectoral case management for survivors including health, welfare, counseling, and legal services with a single site called a one-stop center. This research was conducted with the principal aim of examining the status of one-stop service centers and explores the positive actions and challenges ensuring effective one-stop service that assists the Ethiopian criminal justice administration. The researcher used qualitative analysis methodology that incorporates qualitative information assortment and each doctrinal and non-doctrinal approach. The paper found out that one-stop centers in Ethiopia try to give the intended service though, it is not satisfactory and most of the centers lack adequate trained human resources, required facility, and lack of institutional attention. The writer also recommends for improvement of a legal framework, trained personnel, adequate budget and equipment, and experience sharing.