This book investigates the road map or the transitional justice mechanisms that theEthiopian government chose to confront the gross human rights violations perpetratedunder the 17 years’ rule of the Derg, the dictatorial regime that controlled state powerfrom 1974 to 1991. Furthermore, the author extensively examines the prosecution ofpoliticide or genocide against political groups in Ethiopia. Dealing with the violent conflict, massacres, repressions and other mass atrocities ofthe past is necessary, not for its own sake, but to clear the way for a new beginning.In other words, ignoring gross human rights violations and attempting to close thechapter on an oppressive dictatorial past by choosing to let bygones be bygones, is nolonger a viable option when starting on the road to a democratic future. For unaddressedatrocities and a sense of injustice would not only continue to haunt a nation butcould also ignite similar conflicts in the future. So the question is what choices are available to the newly installed government whenconfronting the evils of the past. There are a wide array of transitional mechanismsto choose from, but there is no “one size fits all” mechanism. Of all the transitionaljustice mechanisms, namely truth commissions, lustration, amnesty, prosecution,and reparation, the Ethiopian government chose prosecution as the main means fordealing with the horrendous crimes committed by the Derg regime. One of the formidable challenges for transitioning states in dealing with the crimes offormer regimes is an inadequate legal framework by which to criminalize and punish/divegregious human rights violations. With the aim of examining whether or not Ethiopiahas confronted this challenge, the book assesses Ethiopia’s legal framework regardingboth crimes under international law and individual criminal responsibility. This book will be of great relevance to academics and practitioners in the areas ofgenocide studies, international criminal law and transitional justice. Students in thefields of international criminal law, transitional justice and human rights will alsofind relevant information on the national prosecution of politicide in particular andthe question of confronting the past in general. Marshet Tadesse Tessema is Assistant Professor of the Law School, College of Law andGovernance at Jimma University in Ethiopia, and Postdoctoral Fellow of the SouthAfrican-German Centre, University of the Western Cape in South Africa./div

Introduction -- The decision to prosecute core crimes : contexts and contents -- The decisions to prosecute : possible motivations -- The decisions to prosecute : who should be brought to justice? -- The crime of genocide in Ethiopian Law -- The crime of genocide in Ethiopian trials : elements of the crime -- War crimes in Ethiopia : law and practice -- Punishment and sentencing of core crimes in Ethiopia -- Conclusion.

This book investigates the road map or the transitional justice mechanisms that the Ethiopian government chose to confront the gross human rights violations perpetrated under the 17 years’ rule of the Derg, the dictatorial regime that held power from 1974 to 1991. Furthermore, the author extensively examines the prosecution of politicide or genocide against political groups in Ethiopia. Dealing with the violent conflict, massacres, repressions and other mass atrocities of the past is necessary, not for its own sake, but to clear the way for a new beginning. In other words, ignoring gross human rights violations and attempting to close the chapter on an oppressive dictatorial past by choosing to let bygones be bygones, is no longer a viable option when starting on the road to a democratic future. For unaddressed atrocities and a sense of injustice would not only continue to haunt a nation but could also ignite similar conflicts in the future. So the question is what choices are available to the newly installed government when confronting the evils of the past. There are a variety of transitional mechanisms to choose from, but there is no “one size fits all” mechanism. Of all the transitional justice mechanisms, namely truth commissions, lustration, amnesty, prosecution, and reparation, the Ethiopian government chose prosecution as the main means for dealing with the horrendous crimes committed by the Derg regime. One of the formidable challenges for transitioning states in dealing with the crimes of former regimes is an inadequate legal framework by which to criminalize and punish egregious human rights violations. With the aim of examining whether or not Ethiopia had confronted this challenge, the book examines both Ethiopia’s legal framework regarding crimes under international law and individual criminal responsibility. This book will be of great relevance to academics and practitioners in the areas of genocide studies, international criminal law and transitional justice. Furthermore, students in the fields of international criminal law, transitional justice and human rights will find relevant information on the national prosecution of politicide in particular and the question of confronting the past in general. Marshet Tadesse Tessema is Assistant Professor of the Law School, College of Law and Governance at Jimma University in Ethiopia, and Postdoctoral Fellow of the South African-German Centre, University of the Western Cape in South Africa.

Explores how the former communist regimes of Central and Eastern Europe have grappled with the serious human rights violations of past regimes.

Numerous studies concerning transitional justice exist. However, comparatively speaking, the effects actually achieved by measures for coming to terms with dictatorships have seldom been investigated. There is an even greater lack of transnational analyses. This volume contributes to closing this gap in research. To this end, it analyses processes of coming to terms with the past in seven countries with different experiences of violence and dictatorship. Experts have drawn up detailed studies on transitional justice in Albania, Argentina, Ethiopia, Chile, Rwanda, South Africa and Uruguay. Their analyses constitute the empirical material for a comparative study of the impact of measures introduced within the context of transitional justice. It becomes clear that there is no sure formula for dealing with dictatorships. Successes and deficits alike can be observed in relation to the individual instruments of transitional justice - from criminal prosecution to victim compensation. Nevertheless, the South American states perform much better than those on the African continent. This depends less on the instruments used than on political and social factors. Consequently, strategies of transitional justice should focus more closely on these contextual factors.

"This comprehensive three-volume reference work collects and summarizes the wealth of information available in the field of transitional justice. Transitional justice is an emerging domain of inquiry that has gained importance with the regime changes in Latin America after the 1970s, the collapse of the European and Soviet communist regimes in 1989 and 1991, and the Arab revolutions of 2011, among others. The Encyclopedia of Transitional Justice, which offers 287 entries written by 166 scholars and practitioners drawn from diverse jurisdictions, includes detailed country studies; entries on transitional justice institutions and organizations; descriptions of transitional justice methods, processes, and practices; examinations of key debates and controversies; and a glossary of relevant terms and concepts. The Encyclopedia's accessible style will appeal to a broad audience interested in understanding how different countries have reckoned with post-conflict justice"--

This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.