Assessing State Responsibility to Prosecute the Perpetrators of the Massacre in Northern Ethiopia Mai Kadra’

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Date

2023-05

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AAU

Abstract

This study assessed the state's responsibility to prosecute perpetrators of the Mai Kadra massacre, which occurred in Northern Ethiopia, in November 2020. It examined the legal framework for prosecuting atrocity crimes under international law and domestic law and evaluated the response of the Ethiopian government towards such crimes, particularly the Mai Kadra massacre. This study employed a qualitative approach by deploying a purposive sampling technique conducting key informant interviews. Through examination of the Mai Kadra massacre in light of international customary law and national law, this research argues that Ethiopia has a responsibility to investigate and prosecute the criminals of mass atrocities in general and Mai kadra massacre perpetrators in particular. This study found that the existing national legal frameworks, particularly the FDRE Constitution and Criminal Code do not address atrocity crimes adequately and do not satisfy international customary laws. Additionally, the Government of Ethiopia filed charges against the perpetrators of the Mai kadra massacre for crimes against the constitution or state by rising arms or civil war while the massacre is considered as crime against humanity. It is a clear non recognition of the committed grave human rights violation in Mai Kdra town.

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Keywords

State responsibility, atrocity crimes, Mai Kdra massacre, prosecution of atrocity crimes

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