Abstract:
Ethnic cleansing is a problem that affect enjoyment of human right among others, right to life, personal security, property right, freedom of movement as well as freedom to choice residence and etc. Perpetrator of ethnic cleansing primary aims at to build homogeneous community by purging out a particular community from a specific area. In the process of deriving out the targeted groups, too many heinous acts that exacerbate the harm against persecuted groups such as massacre, rape, arson, and etc., will be committed by perpetrators. Because perpetrators thinks that those who witness such atrocity will be removed on their own initiation.
Despite the obvious repugnance to enjoyment of human right, neither internationally nor domestically ethnic cleansing is considered as a standalone crime. Accordingly, the FDRE criminal law doesn’t expressly criminalize it as a criminal act. Moreover, still now there is no binding international definition for the term ethnic cleansing even though there are scholars who argue that it persist as a problem for a long period of time. Hence, this research revolves around the meaning and legal consequences of ethnic cleansing taking in to account the human right crisis occurred throughout kamsh zone that entails mass exodus of non-indigenous communities commencing from September 26, 2011 E.C onwards.
To this end, the researcher used qualitative research methodology. As a result, relevant books, journal article, human right treaties and etc., are examined by the researcher. The researcher also tries to scrutinize international as well as national legal frame work to assess the legal consequences of ethnic cleansing in light of the event happen in BGRS, kamash. For practical assessment of the legal consequences of ethnic cleansing the researcher examine court cases initiated before kamash zone high court who are suspected of involved in the atrocity occurred in this zone. Hence, the research approach deployed in this research is case study design. To know the triggering factors behind the crisis the researcher conduct interview with victim and those who see the event on the spot.
The main finding of this research paper is that is that: the event happen in kamash constitute as ethnic cleansing when we evaluate it with the notion of ethnic cleansing, the deriving factors/causes for this event concur with what scholars point out as causes of ethnic cleansing-utilitarian and ideological cause and the existing law is not sufficient to address problem of ethnic cleansing.
Accordingly, the researcher propose among other things, to criminalize ethnic cleansing as a standalone crime even though acts that induce ethnic cleansing, i.e. Homicide, rape, arson and etc., are criminal acts by themselves. But, we have to note that criminalizing it as independent crime will not be sufficient unless some genuine measures are taken by government in relation to ethnic federalism adopted in Ethiopia.