Practice Relating to Rule 100. Fair Trial Guarantees
Ethiopia’s Penal Code (1957) provides that denying civilians, wounded and sick, prisoners of war or internees of their “right to a fair trial” constitutes a crime.
Ethiopia’s Criminal Code (2004) states:
Article 270.- War Crimes against the Civilian Population.
Whoever, in time of war, armed conflict or occupation organizes, orders or engages in, against the civilian population and in violation of the rules of public international law and of international humanitarian conventions:
(p) passing of sentences … without previous judgment pronounced by a regularly constituted Court which affords all the judicial guarantees,
is punishable with rigorous imprisonment from five years to twenty-five years, or, in more serious cases, with life imprisonment or death.
Article 280.- Denial of Justice.
Whoever, in time of war or occupation and in violation of the rules of public international law, deprives a civilian, a wounded person, a prisoner or an internee, of his right to be tried according to law guaranteeing him human treatment and the free exercise of his right to defend himself, or orders such deprival,
is punishable with simple imprisonment from three years to five years.
The Criminal Code of 2004 replaced Ethiopia’s Penal Code of 1957.