BDU IR

Assessing The Legal Framework on sexual Violence as acore International Crime In Ethiopia; Challenges And Opportunities

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dc.contributor.author Mola, Essubalew
dc.date.accessioned 2025-07-29T09:00:02Z
dc.date.available 2025-07-29T09:00:02Z
dc.date.issued 2025-06
dc.identifier.uri http://ir.bdu.edu.et/handle/123456789/16810
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. en_US
dc.language.iso en en_US
dc.subject Law en_US
dc.title Assessing The Legal Framework on sexual Violence as acore International Crime In Ethiopia; Challenges And Opportunities en_US
dc.type Thesis en_US


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