Abstract:
In recent years, Ethiopia has faced significant human rights challenges both within and
outside the context of armed conflict. In the case of gross human rights violations, states
have several obligations, including the duty to prosecute perpetrators. Ethiopia adopted TJ
policy and promised to establish the SPO and a special chamber in light of these needs,
thus, the paper is devoted to examining the challenges and prospects of the new SPO and
the special chamber. The researcher employed doctrinal and non-doctrinal research
approaches to achieve this aim. Relevant data, such as written literature and legal
documents, especially the TJ policy, are thoroughly examined. In addition, interviews with
TJ expert groups, officials, and experts are conducted. Based on the data, the researcher
finds that Ethiopia’s TJ policy provides foundational elements for institutional
independence within the SPO, including financial and institutional autonomy. However,
critical gaps persist, as the policy lacks crucial guarantees of prosecutorial impartiality,
accountability mechanisms, and protections against political interference, which are
essential for effective prosecutorial autonomy. Significant prosecutorial challenges
remain, particularly in achieving collaboration with existing criminal justice institutions,
bridging gaps in prosecutorial expertise, and addressing legal gaps for crimes such as
enforced disappearance and crimes against humanity. Moreover, a politically complex
landscape poses risks of prosecutorial bias, external pressures, and political interference,
which could lead to perceptions of “victor’s justice.” Ethiopia’s alignment with global TJ
practices is limited by these challenges. While establishing a special chamber within the
judiciary could enhance accountability, risks of executive interference and financial
dependence threaten its impartiality. To address these challenges, the paper recommends:
legal amendments to explicitly guarantee SPO’s independence and impartiality; the
establishment of an oversight body to ensure prosecutorial accountability; and financial
and operational autonomy for the special chamber to insulate it from executive
interference. Collectively, these reforms are vital to building credible, independent
institutions that support accountability, peace building, and justice in post-conflict
Ethiopia.