Ethiopia’s Troubled Path to Transitional Justice

By Batseba Seifu

Tigray, the crucible of Ethiopia’s history has been marred by decades of conflict and human rights abuses. Ethiopia is undergoing an effort to establish a transitional justice framework. These efforts arise from the devastating impact of the genocidal war on Tigray and other simmering conflicts in different regions. Yet Ethiopia’s journey toward transitional justice is fraught with challenges, leaving much work to be done if it is to achieve genuine justice and accountability as well as sustainable peace.

A Nation Marred by Genocide

The genocidal war on Tigray, which began in November 2020 with a ceasefire achieved with the Cessation of Hostilities Agreement and the pursuant Nairobi Declaration in 2022, stands out as one of the most devastating chapters in Africa’s history. Civilians in Tigray bore the brunt of the violence. Reports by human rights organizations, human rights activists, and academics documented the deliberate use of starvation as a weapon of war, weaponized rape, massacres targeting civilians, deliberate destruction of cultural heritage as well as infrastructure, and more.

These atrocities amounting to genocide highlight the need for a comprehensive approach to transitional justice, with an international component that addresses not only past atrocities but also ongoing violence and systemic inequality. It is to be kept in mind that genocide has not stopped in Tigray. Ongoing, forceful, illegal occupation by Amhara and Eritrean forces of over 40 per cent of Tigrayan territories is marked by atrocities against Tigrayans in these lands.

Transitional Justice: A Framework for Healing

Article 10.3 of the Cessation of Hostilities Agreement signed in November 2020 recognized the importance of transitional justice in achieving lasting peace and stability. Ethiopia initiated a process to develop a transitional justice policy, supported by international and national actors such as the United Nations Office of the High Commissioner for Human Rights (OHCHR) and the Ethiopian Human Rights Commission (EHRC).

Public consultations were conducted across the country to gather input from victims, civil society organizations, and political leaders. By November 2023, the Ethiopian government approved a draft transitional justice policy that claimed to address a wide range of human rights violations, spanning multiple eras and regions. The policy’s key components include truth-telling, accountability, reparations, and institutional reforms.

On paper, this framework represents a significant step forward. It acknowledges the diverse experiences of victims and the complex nature of Ethiopia’s wars and conflicts. However, as the policy moves toward implementation, its limitations and potential pitfalls are becoming increasingly apparent.

Obstacles to Transitional Justice

Ethiopia’s transitional justice initiative faces several critical challenges, starting with issues of inclusivity. The exclusion of Tigrayan representatives from key consultations has raised concerns about the legitimacy of the process. Tigrayans, who experienced some of the most egregious atrocities during the genocidal war, must have a voice in shaping the mechanisms for justice and reconciliation.

Moreover, the Ethiopian government’s commitment to genuine accountability is questionable. It is to be kept in mind that Ethiopia is one of the perpetrators of the genocidal war against Tigray. This puts a question on the transitional justice process as just a superficial attempt to placate international donors and deflect criticism, rather than a sincere effort to address systemic impunity. This perception is reinforced by the government’s failure to stop the ongoing ethnic cleansing, sexual violence, forced disappearance and other human rights abuses in Tigray due to forceful, illegal occupation by Amhara and Eritrean forces by ensuring the withdrawal of these forces.

The design of the transitional justice framework also presents logistical and operational challenges. The Truth Commission, tasked with addressing truth-telling, reparations, and institutional reform, has been given an expansive mandate that risks overburdening its capacity . Additionally, Ethiopia’s pluralistic legal system—combining formal national laws with customary practices—creates tensions that complicate efforts to align the transitional justice process with international human rights standards.

Recommendations for a Comprehensive and Credible Transitional Justice Process

Ethiopia’s transitional justice framework must be strengthened to address its current shortcomings. A comprehensive approach should incorporate the following key elements:

Inclusivity is essential. Ethiopia must ensure the meaningful participation of all affected communities, particularly Tigrayans who are victims of genocide. This is particularly with the consideration that the transitional justice process was started as part of a stipulation of the Cessation of Hostilities Agreement signed in November 2022. This includes creating platforms for Tigrayan representatives, women, youth, and victims of sexual violence to contribute to the process. Their voices are critical for fostering legitimacy and building trust in the mechanisms of transitional justice.

Ongoing violence must be addressed. Transitional justice cannot succeed in an environment of active occupation of Tigrayan lands. The Ethiopian government should prioritize withdrawal of Eritrean and Amhara forces from Tigray, where they are in illegal, forceful occupation and continue to perpetrate atrocities and massive human rights abuses.

The Truth Commission’s mandate should be streamlined to focus on achievable goals. Narrowing its scope will allow it to allocate resources more effectively and avoid being overwhelmed by competing priorities. Truth-telling and reparations should take precedence, as these are essential for acknowledging victims’ suffering and rebuilding social trust.

Structural reforms must accompany transitional justice to address the root causes of Ethiopia’s wars. This includes strengthening the rule of law to ensure that all citizens are protected from violence and discrimination. This should also be actively monitored by the international community. Institutional reforms should also prioritize gender equity, addressing the disproportionate impact of wars on women and girls.

International Engagement in Transitional Justice

Ethiopia’s transitional justice process should incorporate international expertise and oversight. The involvement of impartial international actors can enhance credibility and ensure adherence to global human rights standards. This should also be done with the consideration that international actors including Eritrea, among others, have played an overwhelming role in the genocidal war against Tigray. The involvement of international expertise and oversight must include, among other aspects, independent, international investigations.

The international community should also engage with Ethiopia’s transitional justice efforts through existing mechanisms of international justice. As we stand, domestic avenues for accountability prove inadequate due to the partiality of institutions.

Thus, international bodies such as the International Criminal Court (ICC) should be considered. Ethiopia, though not a signatory to the Rome Statute, should diplomatically be pressured to cooperate with the ICC to investigate and prosecute atrocities leading up to genocide as well as war crimes and crimes against humanity committed during the Tigray Genocidal War. The ICC remains a vital tool for addressing impunity in cases where national systems are unwilling or unable to act.

Countries such as the United States, the European Union, and members of the African Union should pressure the Ethiopian government to carry out the transitional justice process in a way that ensures justice, accountability and lasting peace. Diplomatic pressure will be essential in ensuring that the Ethiopian government is truly committed to genuine accountability. International actors should condition financial aid and political support on measurable progress in implementing fair and transparent transitional justice mechanisms.

Toward a Future of Justice and Reconciliation

Ethiopia’s journey toward transitional justice is fraught with challenges, but it also represents a critical opportunity for healing and renewal. By addressing its shortcomings, prioritizing inclusivity, and fostering genuine political will, the country can build a foundation for lasting peace and reconciliation.

For the millions of Tigrayans who have endured unimaginable suffering, the promise of justice is a profound aspiration. Whether Ethiopia can fulfil this promise will depend on its ability to confront its past with honesty, engage its people with empathy, and embrace international cooperation. While the road ahead is uncertain, the stakes could not be higher—for Ethiopia, for the region, and the broader struggle for justice in a fractured world.

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Batseba Seifu holds a Master of Public Administration from New York University and is pursuing a PhD in Public Administration and Policy. With over a decade of experience in public service, she has led the Black Students Union at North Seattle College, designed and implemented e-learning programs focused on Peace and Security in Africa, and served as a Country Manager for an Irish social enterprise.