Prosecuting International Crimes in Africa - PULP - University of ...

184 Chapter 7
This brief essay examined the Ethiopian process in light of the Chicago
Principles of Post–Conflict Justice which provide a holistic and
interdisciplinary approach to the business of transitional justice. Seen in
light of this framework, Ethiopia’s endeavor is found wanting. In its favour
it may be said, however, that the Ethiopian experience represents a homemade,
albeit legalistic, response to a legacy of human rights abuses.
Despite the trials’ shortcomings, it is fitting to say ‘better late than never’.
Furthermore, no two wrongs make a right. Some have been tempted to
delve into a comparison of the incumbent regime’s bad human rights
record with that of Mengistu’s to downgrade the symbolic significance of
the Red Terror trials both for Ethiopia and Africa.
Despite the fact that the Ethiopian judiciary had to deal with this novel
issue, it wasted an ideal opportunity for dialogue with the burgeoning
jurisprudence of international criminal courts. In fact, it could be said that
the courts progressively lost touch with international and comparative
materials as the trials progressed. While the Federal High Court in its first
ruling on preliminary issues in 1995 engaged with substantive
international law, albeit in favour of the prosecution’s case, its decision on
merit in 2006 as well as the decision of the Federal Supreme Court in 2008,
are both found wanting with respect to their legal rigour and international
comparative significance. Nevertheless, it is important to note that the
Ethiopian courts have rendered an important contribution to the law on
genocide, especially at the domestic level.