The Need for an International Cooperation Unit in Ethiopia’s Special Prosecutor’s Office

Ethiopia is drafting transitional justice laws including the creation of a Special Prosecutor’s Office (SPO) to investigate and prosecute international crimes. Essential for the SPO’s success is the establishment of a dedicated international cooperation unit to enhance extradition efforts and engage with international stakeholders, particularly regarding Eritrean offenders. Without this unit, the credibility of Ethiopia’s transitional justice framework may be compromised.

Ethiopia is in the process of drafting transitional justice laws aimed at addressing historical injustices via criminal accountability, truth-seeking, reparations, and institutional reform. A significant component of this endeavor is the establishment of a Special Prosecutor’s Office (SPO) tasked with investigating core international crimes, including genocide and war crimes, as well as grave offenses such as rape. The SPO will have the responsibility to prosecute alleged perpetrators, including foreign nationals beyond Ethiopia’s jurisdiction.

The SPO’s effectiveness will depend on its ability to identify and pursue offenders who may be located outside of Ethiopia. To enhance its operations, the draft law permits the SPO to incentivize informants to provide valuable information when traditional investigative methods prove inadequate. Securing extradition and accountability for these offenders will present additional challenges, particularly when states invoke legal grounds for refusal of extradition requests.

To address these obstacles, a treaty named the Ljubljana-The Hague Convention was adopted in 2024 to promote international cooperation in the prosecution of international crimes similar to those targeted by the Ethiopian SPO. Despite the treaty’s positive intentions, the SPO currently lacks a vital component: a dedicated international cooperation unit. Such a unit is critical for multiple reasons, including addressing the complexities of Ethiopia’s past dealings with fugitive offenders and ensuring the independence of the SPO.

Most notably, the new SPO is expected to pursue investigations against non-Ethiopian perpetrators, particularly Eritreans implicated in atrocities during the Tigray war. Historical resistance from the Eritrean government to cooperate on accountability matters poses an inherent challenge. Previous trials have illustrated how a lack of international cooperation can severely impede efforts to achieve justice, particularly as the post-1991 trials dealt predominantly with Ethiopian nationals.

Moreover, Ethiopia has faced significant challenges regarding extradition in the past, which necessitate a dedicated international cooperation division within the SPO. The extenuating reliance on in absentia prosecutions due to prosecutorial challenges indicated a failure of international collaboration. This precedent demonstrates that the absence of a specialized unit may jeopardize Ethiopia’s commitment to bringing Eritrean perpetrators to justice.

Furthermore, Ethiopia has not established extradition treaties with key jurisdictions, and its participation in the Ljubljana-The Hague Convention remains absent. An independent international cooperation unit could play a pivotal role in advocating necessary legal reforms and bridging these cooperative gaps. Such a unit would not only facilitate diplomatic discussions but also enhance the delivery of justice for international crimes and ensure the longevity of Ethiopia’s judicial reforms.

Finally, while the Ministry of Justice has its international cooperation unit, it does not possess the requisite structure to fulfill the emergent needs of the SPO. The proposed SPO operates under parliamentary accountability, ensuring its independence from the executive branch—something that the Ministry’s existing cooperation unit lacks. Therefore, establishing an independent, specialised unit is crucial in reinforcing the proposed transitional justice framework in Ethiopia.

In summary, the establishment of an independent international cooperation unit within Ethiopia’s Special Prosecutor’s Office is imperative for effectively addressing international crimes. It will facilitate diplomatic cooperation, enhance extradition efforts, and significantly bolster the credibility of Ethiopia’s transitional justice initiatives. Given the historical context and challenges faced in prosecuting offenders, such a unit is vital for delivering justice while promoting accountability in both domestic and international arenas.

Original Source: www.eurasiareview.com