Politics

Probing Mai Kadra’s massacre also falls on ICC’s jurisdiction

— January 1, 2021 365 comments

BY GIRMACHEW GASHAW

 People usually grapple with post massacre traumas and they find it extremely unbearable to cope up with the pains. In fact, those who lose their lives in massacre or mass murder can be forgotten, but the trauma it leaves never fades away for long. And, the Mai Kadra massacre, which was perpetrated in Tigray, Ethiopia by accomplices of Tigray People’s Liberation Front (TPLF) junta, is a typical example that falls into war crimes.

The attack is already leaving a troll of scars on the people of Ethiopia. And, the pains of the heinous acts, unless met with justice, would remain fresh. The crime does not only constitute crimes but also amounts to international war crimes and should be treated in the International Criminal Court.

The people of Ethiopia have been horrified by story of mass murder of Mai Kadara. The Maikadra massacre, which was a series of ethnic cleansing and mass murder carried out by Samri”(a youth group), loyal to TPLF junta, was responsible for the gruesome attack according to the investigations by Amnesty international and Ethiopian human rights commission (EHRC).

The victims have been described as “civilians, who appear to have been migrant labourers in no way involved in the ongoing military offensive,” particularly those hailing from outside the area. According to the EHRC, which described the massacre as a “widespread and systematic attack directed against a civilian population” at least 1000 people have been killed. Most of the victims were ethnic Amhara.

The various unspeakable deeds of the fugitive TPLF junta constitute core international crimes that culprits need to face international justice, experts said.

Serious crimes of concern to the international community were witnessed in the gruesome attack in Mai Kadra and other places where the former is confirmed by rights based organizations including Amnesty international, they argue.

A legal expert and scholar said that the preliminary investigations, findings and postmodern diagnosis by neutral bodies are concrete and sufficient evidences to knock the doors of the International criminal court (ICC) if need arises.

It is to be noted that the Ethiopian human right commission (EHRC) released its preliminary report saying that the local police, militia and the informal Tigray youth group called ‘Samri’ participated in the gruesome events.

In its published preliminary findings, EHRC reporting that a few days before the attack, local militia (or “special force”) and the police barred all exit points from Maikadra. Migrant workers, who mainly hailed from the neighbouring Amhara State, were additionally prohibited from going to their places of work or moving about the town.

Checkpoints were established at the four main exit points by the youth group named “Samri”. Residents who attempted to flee the town outlying farmlands or across the border Sudan were forced back by the local security forces.

EHRC said its “team traveled between November 14th, 2020 b and 19th, 2020, between Maikadra, Abrhajira , Sanja, Gondar, Dansha, and Humera and gathered testimonies and other evidences from victims, from the horse’s mouth, military personnel and various other sources including government authorities who were present at the visit.

The team also visited hospitals, health facilities and talked to survivors and other relevant authorities, he added.

It is stated that the Maikadra attack is not simple criminal act but rather is a premeditated and carefully coordinated grave violation of human rights.

Addisu Algaw, lawyer and legal advisor said that the massacre perpetrated in Mikadra is treated as core crimes according to the international law.

International Criminal Court (ICC), an independent judicial institution with the power to try and punish individuals for the most serious crimes of international concern: genocide, crimes against humanity, crimes of aggression, and war crimes.

The court was first approved in 1998 by a treaty known as the Rome Statute, and it officially came into being on July 1, 2002, after 60 countries ratified the treaty.

Unlike previous war crimes courts with jurisdiction limited to specific conflicts, the ICC is a permanent institution whose jurisdiction extends globally. Even individuals from countries that are not parties to the Rome Statute may be subject to the court’s jurisdiction under certain circumstances.


However, the ICC is complementary to national criminal procedures, meaning that it may not exercise jurisdiction if a nation is adequately prosecuting accused criminals.

As one of the most historic advance in the protection of global human rights, the innovative system established by the Rome Statute is designed to punish perpetrators, bring justice to victims and contribute to stable, peaceful societies.

Rome Statue article five listed the type of gigantic crimes and genocide is one. Correspondently, article 269 of the criminal code of Ethiopia also considers the mass killing of individuals as genocide. The mass murders in Mikadra, Metema and Humera areas are genocide and appear to be core crimes with concrete evidence to be taken to international courts.

Otherwise taking the issue to ICC has its own impact as it takes time, huge amount of capital and the penalty is not more than 30 years. However, observing the task locally have its own benefit as the biggest penalty is death.

Again, according to article five of Rome Statue, TPLF commits war crimes as it has recruited and deployed child soldiers in war fronts, attacked civilians, destroyed infrastructures such as airport, bridges and other public facilities. It also committed various crimes against humanity such as torture, rape, displacement of people etc.

ICC is more concerned about crimes committed in countries which signed the Rome statute. But this doesn’t mean that an international court is deaf of crimes committed against humanity. If the Ethiopian government is willing to do so, ICC can see the cases. And /or any country can apply the issue to UN Security Council so that the council can refer the case to ICC for investigation.

Concerning evidences, he said, the TPLF junta themselves witnessed as they have committed the crime. On the other hand, the federal government sent investigation team drawn from Federal Police and Attorney General so as to probe the issue.

What is more, Amnesty International, EHRC released preliminary reports, the dead bodies and survivors of the genocide can be used as evidence in Mia Kadra and other places.

University Gondar, Political Philosophy lecture Assist. Prof. Sisay Assemrie said that the massacre committed at Maikadra is nothing less than a crime against humanity. It is a genocide. As it is one among many international crimes, the case should be handled by the International Criminal Court (ICC).

Youth Groups organized under TPLF have committed horrendous crime against people they identified as being Amhara. Here, there is concrete evidence helpful to take the issue to the ICC or other international courts but this does not mean that the case should not be seen in local courts too.

As the crimes fall on the genocide charges, the Ethiopian government, right based organizations, victims (Amhara people) or intellectuals can take the issue to international courts.

As it has been repeatedly said, the government should be committed to respect the rule of law and the court should offer justice without any compromises.

The crimes of the junta fall into war crime. These are evidences that show as the junta committed genocide by killings people whom it profiled as Amhara by identity.

The Ethiopian herald January 1/2021

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