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