dc.description.abstract |
Sexual violence remains one of the most serious and pervasive human rights violations, occurring
in both peacetime and armed conflict. Although it has a long history, sexual violence was
overlooked for decades, or inadequately addressed by international criminal mechanisms. In
recent years, however, its recognition as a core international crime, whether as genocide, a crime
against humanity, or a war crime, has progressed through international legal instruments and
jurisprudence, including cases involving Ethiopia. This study assesses the legal framework
governing sexual violence as a core international crime in Ethiopia, focusing on both the
challenges and opportunities present. Despite the widespread occurrence of sexual violence in the
country, Ethiopia‘s domestic legal system faces significant challenges in effectively addressing and
prosecuting it as a core international crime. Additionally, Ethiopia is not currently under the
jurisdiction of any international criminal tribunal with authority over genocide, crimes against
humanity, or war crimes. Existing national laws are also limited in scope, and concerns remain
regarding their clarity and consistency with international legal standards. The central research
question guiding this study is how sexual violence is addressed as a core international crime under
Ethiopia‘s legal framework, and what are the key challenges and opportunities for its
improvement? To answer this, the research examines the extent to which Ethiopian criminal law
has incorporated the legal elements of sexual violence as defined under international criminal law.
It also analyzes how well the legal framework aligns with international standards and identifies
the reforms needed to improve accountability. This study employs a doctrinal research method to
analyze the relevant legal texts, statutes, and jurisprudence. The findings show that international
legal instruments, including the Rome Statute, customary international law, and jurisprudence
from ad hoc tribunals, provide a well-established framework for prosecuting sexual violence. In
contrast, Ethiopian domestic law remains underdeveloped. Key challenges include the absence of
comprehensive legislation, the lack of clear definitions and elements of the crime, such as actus
reus and mens rea, and the country‘s failure to ratify the Rome Statute. Nevertheless, there are
meaningful opportunities for reform. Ethiopia can accede to the Rome Statute, finalize the draft
legislation on core international crimes, and ratify the regional Malabo Protocol. The study
recommends that the Ethiopian government demonstrate political will by ratifying key instruments,
amending the Criminal Code, or adopting a standalone law that clearly defines and criminalizes
sexual violence as a core international crime. |
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