Sky News Network
No Result
View All Result
  • Home
  • News
  • Politics
  • Business
  • National
  • Culture
  • Science & Technology
  • Opinion
  • Sports
No Result
View All Result
Sky News Network
No Result
View All Result
Home Opinion

Did Ethiopia’s attack on Tigray violate international laws?

skynewsbyskynews
December 16, 2020
in Opinion
0
Did Ethiopia’s attack on Tigray violate international laws?

Ethiopian forces

0
SHARES
39
VIEWS
Share on FacebookShare on TwitterWhatsapp

In Ethiopia, the national army claims to have taken “complete control” of Mekelle, the capital of the dissident region of Tigray. But since the fighting started in November, there have been concerns for civilians in the region who may have been injured or displaced due to the conflict.
What is known is that providers of humanitarian aid haven’t been able to reach civilians. There are also reports that hundreds of civilians have been killed. However, because parts of the region have been cut off from mobile phone and internet network, it’s hard to ascertain the exact situation on the ground.

Abiy Ahmed, the newly elected chair of the Ethiopian Peoples’ Revolutionary Democratic Front (EPRDF) is sworn in as the country’s Prime Minister, Monday, April 2, 2018. Ethiopia’s legislature has elected young and outspoken Abiy Amhed as prime minister, amid hopes that he will be able to quell sustained anti-government protests in Africa’s second most populous nation. (AP photo/Mulugeta Ayene)

As an expert on human rights and international criminal law, I wanted to provide insights into the legality of the government’s actions and whether the armed intervention violates international law.
As well as governing relationships between countries, international law applies to the conduct of hostilities within a country.
At the core of international humanitarian law are the Geneva Conventions. These were a series of meetings that produced rules for times of armed conflict. They seek to protect people who are not taking part in hostilities. The agreements originated in 1864 and were significantly updated in 1949 after World War II.
Ethiopia has ratified several of the UN’s key international human rights conventions, the Geneva Conventions and the African Charter on Human and Peoples’ Rights.
I argue that there are several instances in which Ethiopia could have already violated these conventions. For instance in the denial of humanitarian aid and if civilians were attacked.
Serious violations of these laws can be considered war crimes and can be prosecuted in national or international courts, such as the tribunals established to investigate violations of the law in the former Yugoslavia and Rwanda and the International Criminal Court. Victims of humanitarian blockade could also sue the government in Ethiopian courts.
Under international law, the Ethiopian federal government has the right to suppress rebellion, riot or mutiny by parts of the population against the established government. But it must respect the rules of international humanitarian laws. For instance, it must ensure the protection of all civilians.
The conflict was triggered when forces loyal to the Tigray People’s Liberation Front (TPLF) – the region’s ruling party – attacked a federal military base, killing federal soldiers. This act constitutes an insurgency and the government has legal grounds to suppress it.
Ethiopians fleeing intense fighting in their homeland of Tigray, gather in the bordering Sudanese village 8, east of the town of Gadaref, on November 13, 2020. – Ethiopia’s Prime Minister Abiy Ahmed, winner of last year’s Nobel Peace Prize, ordered military operations in Tigray last week, shocking the international community which fears the start of a long and bloody civil war. (Photo by Ebrahim HAMID / AFP)

The Tigrayan government also refused federal government orders to postpone the organisation of regional elections because of COVID-19. This constitutes a rebellion, which again gives the government legal grounds for military action.
But the Ethiopian government must respect the rules of international humanitarian law, including the Geneva conventions. They cover legitimate violence, proportionality, respect for human rights and the prohibition of the use of torture.
These laws also include the protection of civilians. It appears – though the government denies it – that civilians have been bombed. If this is true, this is in violation of international humanitarian law: it’s not lawful to attack civilians in a conflict.
It’s difficult to verify the extent to which civilians have been affected, because of a media blackout. But some rare reports show that many people have been injured.
The government is also legally bound to protect its people from genocide, war crimes, ethnic cleansing and crimes against humanity. This is known as the “principle of the responsibility to protect”. States must ensure that their armed forces respect this.
It is not enough for the Ethiopian army to tell people living in Mekelle to “save themselves from any artillery attack”. Not protecting them is a violation of international law.
In addition to this, any denial by the Ethiopian government of humanitarian assistance to people in Tigray is a violation of international humanitarian law.
Under various conventions, it’s the responsibility of the warring parties that control the territory to ensure that the needs of the civilian population are met. This includes their access to humanitarian assistance, such as food, water, clothing and medicines.
In Tigray, nearly one month after the conflict had started humanitarian organisations were still not able to access civilian populations trapped in Tigray. This was because the Ethiopian government refused to grant access to humanitarian organisations.
There’s one more area of concern regarding international human rights law: the question of displacement due to the conflict.
Tens of thousands of people have already been displaced by the violence. The African Union’s “Kampala Convention”, to which Ethiopia is party, obliges the state to allow the relevant agencies to provide protection and assistance to internally displaced persons.
If the situation gets much worse, the African Union can intervene militarily and hold the government to count.
The Ethiopian government has emphasised its commitment to restoring order in the Tigray region. But some of its actions violate international humanitarian law. The government must respect international law. And the UN and other institutions must remind Ethiopia of its obligations.
Opinion by Eugène Bakama Bope, Professor, Université de Lubumbashi

Plugin Install : Subscribe Push Notification need OneSignal plugin to be installed.
skynews

skynews

Related Posts

The West has declared financial war on Russia; is it prepared for the consequences?
Opinion

The West has declared financial war on Russia; is it prepared for the consequences?

March 10, 2022
Four decades of Uganda’s Pan African Foreign Policy under President Museveni & NRM
Opinion

Four decades of Uganda’s Pan African Foreign Policy under President Museveni & NRM

January 25, 2022
Africa’s position on green hydrogen
Opinion

Africa’s position on green hydrogen

November 15, 2021

Popular Stories

  • How corruption has eaten up Uganda’s water corporation

    How corruption has eaten up Uganda’s water corporation

    0 shares
    Share 0 Tweet 0
  • Uganda’s water boss lined up for sacking as wife shames minister in party elections

    0 shares
    Share 0 Tweet 0
  • NWSC Board probes Silver Mugisha as Museveni unleashes intelligence on water ministry

    0 shares
    Share 0 Tweet 0
  • Assassinations: who is spilling blood in Uganda, and why?

    0 shares
    Share 0 Tweet 0
  • How Ugandan brokers sealed Museveni, Ruto deal throwing Kenyatta, Odinga into chaos

    0 shares
    Share 0 Tweet 0

Archives

About Us

We are the leading online news publication in Uganda with authentic and reliable news.

LEARN MORE »

Recent News

  • Prince Charles represents Queen at Commonwealth meeting in Rwanda June 22, 2022
  • New method can stop cyberattacks in less than a second June 21, 2022
  • We all have to work together in DRC, Museveni tells EAC colleagues June 21, 2022

Quick Links

  • About us
  • Advertise
  • Careers
  • Contact Us

Address

UJA House, Bombo Rd,

Keti Falawo Zone, Kawempe Division

Kampala – Uganda

© 2020 – Sky News Network

No Result
View All Result
  • Home
  • Politics
  • News
  • Business
  • National
  • Sports
  • Science & Technology
  • Agriculture & African Medicine
  • Travel
  • Opinion

© 2020 Sky News Uganda

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.