Against the Evil of War - First Light - Canadian Centre for Victims of Torture
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Spring 2021 First Light Against the Evil of War A Biannual Publication of The Canadian Centre for Victims of Torture (CCVT) Accredited member of the International Rehabilitation Council for Torture Victims (IRCT)
First light Spring 2021 First Light First Light, which is published semi-annually, is in- tended to provide solid information to the interested readers about the scourge of torture, war, genocide, crimes against humanity and human trafficking and In This Issue their effects and what we can do in aiding survivors to overcome the after-effects of their horrible experienc- es. The CCVT views itself as part of a larger global com- munity and is committed to the struggle for human rights, peace, justice and the end of the practice of 4 Letter of an Ethiopian Refugee torture, war, genocide, crimes against humanity and Claimant to the Editor human trafficking. By Rigbe Tsige Editor: Ezat Mossallanejad, Counsellor and Policy Analyst and Researcher Layout Design: Ezat Mossallanejad 5 Feel the War Cover: Youth clients of the CC VT at the Toronto BY: Elena Solokhina Centre Island, photo by Nadia Umadat 6 War in Tigray and Crimes of In- Public Education Committee ternational Law Mulugeta Abai, Executive Director Teresa Dremetsikas, Manager Ezat Mossallanejad, Settlement Counsellor and Policy By Mulugeta Abai Analyst Mbalu Lumor, Senior Manager, Program and New- 27 The Hanging of Angélique comer Services (poem) Published By: The Canadian Centre for Victims of Torture 29 Nadia Murad 194 Jarvis St. 2nd Floor, Toronto, ON M5B 2B7 Canada Tel: 416-363-1066; Fax: 416-363-2122 The Crime of Rape and Sexual Vio- Email: ezat@ccvt.org and mabai@ccvt.org; 30 lence in Tigray Website: www.ccvt.org Mandate: The Canadian Centr e for Victims of Tor - By Mulugeta Abai ture (CCVT) aids survivors of torture, war, genocide and crimes against humanity to overcome the lasting effects of torture and war. Working with the communi- ty, the Centre supports survivors in the process of suc- Internal Displacement: The Invisible cessful integration into Canadian society, works for 36 Cost of War their protection and integrity, and raises awareness of the continuing effects of torture and war on survivors and their families. The CCVT gives hope after By Cal Furlong the horror. Editor’s Note: The infor mation pr ovided in this 38 An Investigation into Uighur Geno- publication is not controlled by the CCVT and there- cide in XinJiang, and the long-term fore may not reflect the Centre's views. impact of “Re-education” camps on Uighur Children © Canadian Centre for Victims of Torture. All rights reserved. This publication may not be repro- duced without permission from the publisher. By Gabrielle Allohverdi Acknowledgement of the source is appreciated. 43 March 25/26: Global Action Days to End War in Yemen By Anne Khan 2 First Light
Spring 2021 In This Issue (continued) In This Issue (continued) 46 A Trilogy by Anthony Frolov 60 Canada and Ukrainian Plane Crash in Iran 46 Wronged and Invaded CCVT Letter to the Right honorable Jus- tin Trudeau, Prime Minister of Canada 47 Feelings of a Captured Soul 62 After-effects of Armed conflict Between 47 New Life on New Soil Azerbaijan and Armenia CCVT letter to the Honourable 48 Sri Lanka – The Fight for Justice François-Philippe Champagne Minister of Foreign Affairs By Lotus Sahana Alphonsus & No- elle Alphonsus 64 Journalists at Risk CCVT Letter to the Right honorable Jus- 51 Reflections of A Youth Counsellor: tin Trudeau, Prime Minister of Canada Supporting Refugee Survivors of Sexual Violence by Nadia Umadat 65 Resettlement of Tigrayan Refugees CCVT Letter to the Right honorable Jus- 54 Success story tin Trudeau, Prime Minister of Canada By Mona Kalil 67 The Women’s International War Eduardo Galeano against War Crimes Tribunal on Japan’s Military 56 Sexual Slavery 57 A Reflection: Supporting Separat- By: Ezat Mossallanejad ed Refugee Youth By Leah MacDonald 70 CCVT Programs and Services A short explanation of ten current pro- 58 Rohingya Genocide in Myanmar grams offered by the Canadian Centre for Victims of Torture (CCVT) CCVT letter to the Canadian Minis- ter of Foreign Affairs 72 A quote From Mahmoud Darwish First Light 3
First light Spring 2021 First Light Letter of an Ethiopian Refugee Claimant to the Editor By Rigbe Tsige been abducted; regional leaders were execut- ed. The country has witnessed ethnic-based mass murders and internal displacements - a day-to-day observation in Oromia, Amhara, Southern and Tigray regional states. A week before, the prime minister declared war against the Tigray regional state, in the northern part of Ethiopia and home of about seven million Tigrayans. In recent days, air bombardments used against Mekelle the capi- tal city of Tigray regional state and some other parts of the region. The purpose of this attack is to Isolate the people of Tigray from the rest of the world. Mr. Ahmed has cut of the power supply, internet connection, telephone ser- vice, air, and land transport and all means of communication. In addition to this, the central government has declared state of emergency in Tigray and Oromia regional states. Be- cause of this, people have become frustrated. Due to their fear and frustration, people have November 11, 2020 been unable to run their day-to-day activities. Despite, the international community efforts in Dear Editor, encouraging both sides to come to the negoti- ation table, the federal government is putting As a woman of Ethiopian origin and an asy- pressure against its own people with a geno- lum seeker in Canada I am extremely con- cidal policy. cerned about the violence and aggression by As a result of the black out of communication the federal government of Ethiopia in collab- in Tigray, I personally could not communicate oration with the Eritrean government towards with my family (sister, brother, cousins, auntes its own people. I would like to bring it to your and uncles). I do not know where they are. attention that Ethiopia is currently on the Currently. The federal troops are engaged in verge of a catastrophic civil war. fierce fighting against the people of Tigray in Since the current prime minister took power, all fronts. They have blocked all roads pre- thousands of people have been internally venting food and humanitarian aid entering displaced; many government officials includ- Tigray. The prime minister of Ethiopia, in col- ing the chief of staff have been mysteriously laboration with the Eritrean president Isaias murdered; female university students have Afwerki, the notorious tyrant, is now attacking 4 First Light
Spring 2021 his own people from Eritrean side. People of Tigrayan origin residing in other parts of Ethiopia are being removed from their Feel the War jobs only because they are Tigrayans. They include civil servants, private business owners, By Elena Solokhina commercial aircraft “pilots’’. All Tigrayan mem- bers of the defense force and security guards were expelled from their duties and put under house arrest. On social media and other gov- ernment outlets, the prime minister is inciting Don't talk about war, don't talk! ethnic cleansing policy against the people of But live it through with feelings all un- Tigray living in the other parts of Ethiopia by locked! encouraging people to be vigilant of “individuals Tigrayans.” You are a baby, all alone and hungry. Furthermore, Mr. Ahmed has imposed travel You are a child whose mother nobody restrictions, particularly against individuals of can find. Tigran ethnicity. You are teenager in the world, that's Ethiopia is about to enter a dangerous ethnic- armed and angry, based civil war, and I believe that you may be Preparing to kill yourself to calm your able to expose the dangerous situation to dif- tired mind. ferent concerned bodies: You are a soldier after war returning, Demanding for the immediate cessa- Of living tired, hungry, very sick. tion of hostilities and war against Without father, daughter - no childhood, the Tigrayan people. Without son, a mother, walking with a Demanding an immediate cessation of stick. killings and ethnic based violence and displacement of people in all This is the face of war - heart wrenching parts of Ethiopia. image. Facilitating or initiating a national World leaders, headsmen and complicit peace and reconciliation dialogue folks for the establishment of an all- Don't talk about war, don't talk! inclusive transitional government in It screams before your eyes without Ethiopia. words. Pressuring the prime minister of Ethio- pia to stop the atrocities through Elena Solokhina imposing travel and other sanc- Employment Services and Skills Training CCVT tions. I am hopeful that you will make a great contri- bution to be a voice for the voiceless innocent people. Thank you Rigbie Tsige First Light 5
First light Spring 2021 First Light War in Tigray and Crimes of International Law By Mulugeta Abai ture in Tigray by relying on the availa- ble sources, testimonies by witnesses and official statements. Root Causes of the Conflict War should neither be judged by its spontaneous outbreak nor by propa- ganda of the parties involved in the conflict. According to the German gen- eral and military theorist, Karl von Clausewitz: “War is not an independ- ent phenomenon, but the continuation of politics by Almost all wars are intertwined with different means. Conse- cover-ups and keeping people in dark- quently, the main lines of ness by the ruling cliques and war- every major strategic plan mongering forces. The extent of war are largely political in na- crimes and crimes against humanity, ture, and their political therefore, may come to the fore years character increases the after the initial outbreak of the war. more the plan encom- This is particularly true about the pre- passes the entire war and sent war in Tigray, Ethiopia, specifical- the entire state. The plan ly when we consider that Ethiopia’s for the war results directly government has openly rejected fre- from the political condi- quent calls for independent investiga- tions of the two belliger- tions into the deadly and devastative ent states as well as from conflict in Tigray, by mentioning that it their relations to other “doesn’t need a babysitter”. This es- powers.” (1). say is a modest attempt to investigate On November 4, 2020, Ethiopian Prime the heinous crimes of international na- Minister, Mr. Abiy Ahmed Ali, formally 6 First Light
Spring 2021 declared war on the Tigray National Re- peace accord with the Eritrean tyrant, gional State (TNRS) calling his action a Mr. Isaias Afwerki, who had been ruling “law enforcement operation” in order to the Eritrea with an iron fist since 1993. “protect the constitution and restore the This persuaded the Nobel Prize Com- rule of the law.” The roots of this war, how- mittee to grant Mr. Ahmed the 2019 No- ever, can be traced back to few months bel Prize on Peace on October 11, after his sudden ascendance to power. 2019. In April 2018, the ruling Ethiopian People’s Mr. Ahmed’s peace agreement with Mr. Revolutionary Democratic Front (EPRDF) Afwerki, was considered by many, in selected Mr. Ah- those days, as med to be the inter- shaking hand with im Prime Minister the devil due to the with the mission of latter’s human bringing peace and rights records. harmony to the eth- Since its independ- nically fragmented ence, Eritrea has Ethiopia. He was been notorious as a mandated to lead closed, military and the country through totalitarian society a national free and referred to by hu- fair election by May man rights advo- 2020. Before Mr. cates as “an open- Ahmed’s coming to air prison” or the power, Ethiopia “North Korea of Af- was ruled by rica”. The regime EPRDF, a coalition has maintained full of four parties, in- control of every as- cluding Tigray Peo- pect of people’s life. ple’s Liberation Front (TPLF) that ruled the Despite neighbourhood between Tigray regional and autonomous Tigray National and Eritrea and their ethnic similarity, Regional State (TNRS). It should be Mr. Ahmed did not involve Tigray and its acknowledged that the TPLF’s representa- leader Mr. Debretsion Gebremichael in tion in the cabinet and parliament has al- peace negotiations. The lack of trans- ways been minimal and it had not held parency and denial of Tigrayan partici- prime minister’s office for the past eight pation, suspected the latter to consider years. The TPLF, however, had a great the pact as a conspiracy between Ah- influence over the EPRDF and Tigrayans med and Afwerki to eliminate the TPLF. dominated the Ethiopian security agencies (2) due to their historical struggles against the Hopes soon turned into the despair in Derg regime of terror and the secessionist Ethipia, as the Prime Minister, Abiy Ah- move by Mr. Afwerki of Eritrea. med failed to control army, police and During the first few months of his rule, Mr. militia from brutal suppression of ethnic Ahmed introduced some far reaching civil movements in different part of the coun- liberty reforms and released political pris- try. Mr. Ahmed failed to acknowledge oners. In July 9, 2018, he concluded a First Light 7
First light Spring 2021 First Light ment has failed to make sustainable ef- that Ethiopia, like many African na- forts to protect displaced people and sus- tions, is a diverse multi-ethnic society. tain inter-ethnic violence. This has led to Ethiopian population is composed of further displacement in ethnically diverse more than 70 ethnic groups: Oro- Ethiopia. More often than not Mr. Ahmed mo (34.49%), Amhara (26.89%), So- has forced displaced people to return to mali (6,20%), Tigrayans (6.07%), their homes without any guarantee for Sidama (4.1%), Gurage (2.53%), We- their safety and security. layta (2.31%), Hadiya (1.74%), In response to inter-communal conflicts, Afar (1.73%), …. (3). The Ethiopian Mr. Ahmed provided the military, police constitution of 8 December 1994, has and local militia with free hands to sup- provided for a far-reaching decentrali- press any vestige of the opposition. Ac- zation based on ethnic diversity. It cording to the Amnesty International, on a guarantees “free cooperation be- single day in December 2018, soldiers tween equal Ethiopian peo- from the federal military killed 13 people Timkat celebration in Mekele January 19, 2014 in the town of Finchawa in West Guji. ples.” (Beken, C.v.d., 2012, p. 146) One of those killed was an old woman selling milk on the street. Some 10,000 More than 2 million people in Ethiopia people, suspected of supporting the Oro- are internally displaced due to inter- mo Liberation Army (OLA), were detained communal conflicts and violence. and tortured by security forces in an oper- Among them is the displacement of ation started in January 2019. Families over a million Somalis from their were evicted from their homes. Houses homes in Oromia into the desert of were destroyed and burnt. At least 39 the Ogaden. Mr. Ahmed’s govern- people were extra-judicially executed in 8 First Light
Spring 2021 Oromia’s East Guji and West Guji zones. suppressed opposition through impris- In January 2019, the security forces at- onment of their leaders and shutting tacked a Qemant settlement in Metema down the internet. and killed fifty-eight people within 24 Mr. Ahmed’s term of office was up to hours. This brutal attack resulted in the October 5, 2020. He suspended the na- displacement of hundreds of people. (4) tional election in August in the pretext of According to the Guardian (May 29, Covid-19 and postponed it for nine to 2020), in Oromia’s Guji district the unrest twelve months. had driven 80,000 people from their The TNRS and the TPLF considered homes by the start of the year 2020. (5) this as unconstitutional and conducted The 34-year-old Oromo-language pop their regional elections as was sched- singer and song writer, Haacaaluu Hun- uled for September 9, 2020, based on deessa, was shot dead by unknown as- the constitutional provision that national sailants in Addis Ababa in the night of and regional elections must be held June 29, 2020. His music gave voice to every five years. TPLF won 98% of the Oromo people who are desperate for votes, duly established its own state economic well being and self-rule. De- government. Mr. Ahmed spared no time spite being an Oromo himself, Prime to reveal his hostilities by rejecting the Minister Ahmed, have paid little attention election and even forbidding internation- to the plight of Oromo people and their al reporters from flying to Tigray, at the call for self-determination. Hundessa's Bole International Airport, to witness the murder sparked demonstration across elections. Oromia region with police intervention. The federal and regional governments The death toll was at least 166 people, did not recognise each other and re- injuries 167 and 1,084 arrests, including garded the other party as illegal. On No- the arrest of high-ranking opposition vember 4, 2020, Mr. Ahmed con- leaders such as the media magnate and demned the TPLF as a terrorist group, activist Jawar Mohammed. Officials re- labelled its leaders as a gang of crimi- peatedly pointed to the involvement of nals and declared war against Tigray. Oromo Liberation Front and TPLF. (6) The war, among others, rooted in op- Mr. Ahmed’s records made him so un- posing visions about future direction of popular that within several months “Abiy Ethiopia. While, Mr. Ahmed advocates, must go” became a new slogan. Intoxi- a centralized state with power at the cated with power, he chose not to go. He hands of the prime minister, the TPLF concentrated power in his own hands, supports a multinational federal policy filled government’s positions with his al- with cultural, linguistic, and economic lies and repeatedly overruled Parlia- autonomy for the states, as explicitly ment. He charged Tigrayans with corrup- expressed in the Ethiopian constitution. tion and purged them from the govern- The government’s establishment of the ment, security services and state-owned Administrative Boundaries and Identity corporations. In December 2019, he dis- Issues Commission on 20 December banded the EPRDF and merged several 2020 can be considered as a manifesta- ethnically based regional parties into a tion of this difference. The Commission single party named the Prosperity Party, was directly responsible to the prime in which the TPLF was excluded. He First Light 9
First light Spring 2021 First Light minister who was mandated to look into ployed the Ethiopian National Defence the reasons behind identity and border Force (the army), mobilized the Special conflicts and suggest solutions to par- Forces, the State Police, the militia, and liament. This was criticized by TPLF civilian volunteers from Amhara Nation- and others as an anti-democratic move al Regional State (ANRS) in an on- with the intention of restriction the au- slaught against Tigray. Mr. Ahmed uti- thority of regional states in this matter. lized full support from Eritrea in this op- (7) eration. On Nov. 8th, the Ethiopian army Before Mr. Ahmed, Ethiopia was one of announced that there would be "no mer- the most economic growth success in cy" for Mekelle's residents when its sol- Africa for 15 years. This was mainly diers "encircle" the city. (9) due to the rejection of the neo-liberal Mr. Ahmed refused scores of calls from model of economic growth. Unlike outside for the peaceful settlement of On November 4, 2020, the Ethiopian PM, Mr. Abiy Ahmed, deployed army against Tigray region EPRDF, Abiy Ahmed has frequently the dispute and pressed on with the of- shown his intension to introduce his fensive. On November 22, 2020, military own open and liberal economy: “The spokesman Colonel Dejene Tsegaye dramatic change brought by Prime Min- told state-run Ethiopia Broadcasting ister Abiy Ahmed in 2018 repudiated Corporation that “the next phases are the authoritarian economic model that the decisive part of the operation, which was previously seen as an important is to encircle Mekelle using tanks”. He aspect of Ethiopia’s positive develop- warned the residents of this city of half a ment story.” (8) million populations as follows: “We want to send a message to the public in The War Mekelle to save yourselves from any artillery attacks and free yourselves On November 4, 2020, Mr. Ahmed de- from the junta ... After that, there will be 10 First Light
Spring 2021 no mercy.” This was followed by the Among the first United Nations docu- message of Mr. Ahmed: “We urge you ment dealing with crime of international to surrender peacefully within 72 hours, nature is the Convention on Prevention recognising that you are at the point of and Punishment of the Crime of Geno- no return.” (10) cide, adopted by the United Nations The Ministry of Defence and the Prime General Assembly, 9 December 1948. Minister announced that Ethiopian Air According to Article II of this convention, Force planes had carried out multiple air “genocide means… acts committed with strikes against TPLF military installa- intent to destroy, in whole or in part, a tions. national, The army took ethnical, control of Tig- racial or ray’s capital of religious th Mekelle on 28 group.” of November. The TPLF leadership re- treated to the mountains. Lo- cal resistance has reportedly been continu- ing. Tigray re- mained sealed off from the Tigray Leader, Debretsion Gebremichael, called for peace and world during asked the African Union to intervene. and even after the military op- erations. Thousands of people, includ- Throughout human history, attempts ing civilians and four aid workers, were have been made to regulate the way killed and nearly a million fled their states can wage war. These include at a homes during air strikes and ground bat- minimum standard that belligerent par- tles in Tigray. An estimated 55,000 peo- ties should observe during the war (jus ple have so far fled to neighboring Su- in bello) and after the conflict (jus post dan. More than half of those uprooted bellum). The aim of such attempts has as a result of war are children. Mekelle, been to alleviate the suffering of all and other cities, are left with the short- sides. It was not until 1864 that the rules age of food, fuel, running water and in- of war were enshrined in the First Gene- adequate medical care. Eritrean refu- va Convention adopted by twelve gov- gees are facing the threats of life and ernments. This ground-breaking docu- starvation. ment laid the foundation for the Interna- tional Humanitarian Law (the four Gene- Crimes of International nature va Conventions of August 12, 1949) to limit the impacts of war on non- First Light 11
First light Spring 2021 First Light combatants. It protects those who are a State, of an act of aggres- wounded during the war or shipwrecks, sion which, by its character, captives and the civilian population. In- gravity and scale, constitutes ternational Humanitarian Law (IHL) is a manifest violation of the also known as the law of war or the law Charter of the United Na- of armed conflict. tions… act of aggression means the use of armed force Torture is also considered a crime by a State against the sover- against the family of nations under com- eignty, territorial integrity or mon article 3 of the IHL and article 6 of political independence of an- the UN Convention against Torture and other State…. Any of the fol- Other Cruel, Inhuman or Degrading lowing acts, regardless of a Treatment or Punishment, adopted by declaration of war, …. shall General Assembly of the United Nations qualify as an act of aggres- on 10 December 1984. This was reiter- sion: (a) The invasion or at- ated by the Rome Statute for Interna- tack by the armed forces of a tional Criminal Court (ICC) State of the territory of anoth- er State, or any military occu- The Rome Statute of ICC established pation, however temporary, the International Criminal Court as a resulting from such invasion permanent institution with jurisdiction or attack, or any annexation over “persons for the most serious by the use of force of the terri- crimes of international concern” which tory of another State or part “shall be complementary to national thereof; (b) Bombardment by criminal jurisdictions.” (Rome Statute, the armed forces of a State Art. 1) The court has jurisdiction with re- against the territory of another spect to: (a) The crime of genocide; (b) State or the use of any weap- Crimes against humanity; (c) War ons by a State against the ter- crimes; and (d) The crime of aggression. ritory of another State….” (11) (Art. 5) The states parties to the Rome Statute The definition of the crime of genocide in of ICC defined the crime of aggression Rome Statute is similar to the definition giv- in their amendment to the Statute adopt- en in Article 2 of the 1948 Genocide Con- ed by consensus on 11 June 2010 at vention mentioned above. the Kampala Review Conference. Ac- cording to Article 8 bis of this amend- The concept of “crime against humanity" ment: that was introduced by the Nuremberg Tri- bunal, is well defined in Article 7 of the “crime of aggression” Rome Statute. It states that the following means the planning, prep- acts constitute crimes against humanity, aration, initiation or execu- when they are committed as part of a wide- tion, by a person in a posi- spread or systematic attack directed tion effectively to exercise against any civilian population, with control over or to direct the knowledge of the attack: (a) Murder; political or military action of (b) Extermination; (c) Enslavement; 12 First Light
Spring 2021 (d) Deportation or forcible transfer of pop- crimes are systematic and widespread ulation; (e) Imprisonment or other severe and carried out against an identifiable deprivation of physical liberty in violation group irrespective of the make up of of fundamental rules of international law; that particular group. (f) Torture; (g) Rape, sexual slavery, en- forced prostitution, forced pregnancy, en- The Rome Statute for International forced sterilization, or any other form of Criminal Court is based upon the princi- sexual violence of comparable gravity; ple of “complementarity”. The ICC in- (h) Persecution against any identifiable tervenes only when national courts are group… on political, racial, national, eth- unwilling or unable to prosecute and its nic, cultural, religious, gender grounds jurisdiction is not retroactive. It can on- …; (i) Enforced disappearance of per- ly investigate and prosecute crimes sons; (j) The crime of apartheid; and committed after 1 July 2002. It is diffi- (k) Other inhumane acts of a similar char- cult for the ICC to act in a country that acter. has not ratified the Rome Statute un- less the state where the crime has The definition of war crimes in the Rome been committed accepts its jurisdiction. Statute is based on the provisions of the When a crime constitutes a threat to International Humanitarian Law. Accord- international peace and security, the ing to these provisions, war crimes con- UN Security Council can refer the case sist of willful killing, torture, wilfully caus- situation to the ICC. The Council also ing great suffering, or serious injury to has the authority to postpone any in- body or health, extensive destruction and vestigation. appropriation of property, compelling a prisoner of war or other protected person In its actual practice, the ICC is not to serve in the forces of a hostile Power, mandated to prosecute authorities in wilfully depriving a prisoner of war or oth- power. Such prosecutions can be tak- er protected person of the rights of fair en as violation of the principle of na- and regular trial, unlawful deportation or tional sovereignty. Given today’s sys- transfer or unlawful confinement, taking tem of international relations and the of hostages. (Article 8) UN structure, it is hard to expect the UN Security Council to activate the ICC It is important to note the difference be- for prosecution of ruling tyrants. Such tween war crimes, genocide and crimes decisions can be vetoed by a perma- against humanity. Though they partly nent member of the Security Council overlap, crimes against humanity may due to its close military, economic and occur in war or peaceful times; also, un- political ties with the offending ruling like genocide, crimes against humanity power. are not intended to fully or partially de- stroy a group of people. A Crime Against Application of International Law Humanity means any act, as listed by the Rome Statue, committed as part of a Due to the lack transparency, it is very widespread or systematic attack directed difficult to examine the perpetration of against any civilian population, with some categories of crime of internation- knowledge of the attack. Also, these First Light 13
First light Spring 2021 First Light al nature in Tigray’s conflict: the crime of Article 95 (1-a) of the Ethiopian Constitu- torture, treatment of wounded soldiers, tion allows deployment of army in excep- violation of the rights of prisoners of war, tional circumstances: sexual violence, etc. This is due to the “The Council of Ministers of shutdown of internet, severing telephone the Federal Government communications, strict censorship and may declare a state of blocking journalist and independent ob- emergency in the event of servers from access to Tigray. It is, how- external aggression or ever, easier to examine the crimes of in- where conditions arise ternational nature in the following areas: which endanger the consti- tutional order and cannot The War of Aggression be brought under control by means of normal law en- In early June 2018, the Prime Minister, forcement measures, or in Abiy Ahmed revealed his intension of mil- the cases of natural disas- itarization of the country. During a meet- ter or epidemic endanger- ing with senior military officers, he said: ing public health.” (14) “Following the efforts made to build ca- Article 33 of the United Nations Charter pacity of our national defense, we built has provided for the peaceful settlement one of the strongest ground and air force of the most serious conflicts before con- in Africa…. We should build sidering armed our naval force capacity in interverntion: the future.” (12) He added “The parties to that the military reforms any dispute, the should "take into account continuance of current fast changing world, which is likely to socio-economic and political endanger the situation in Ethiopia." (13) maintenance of He exposed his ambition, international despite the fact that the peace and se- landlocked Ethiopia had dis- curity, shall, first banded its navy following of all, seek a the secession of Eritrea in solution by ne- War of aggression against the people of Tigray 1993 and the army was rela- gotiation, en- tively a small one. quiry, media- Before waging war against Tigray, Mr. tion, conciliation, arbitration, judicial set- Ahmed had used army against Oromia, tlement, resort to regional agencies or the conflict against the Sidama nation arrangements, or other peaceful means ahead of the referendum for statehood in of their own choice.” November 2019, and the suppression Mr. Ahmed deliberately ignored these na- against the Wolaita and Konso involving tional and international provisions and fighter planes, missile and rocket attacks, began his war propaganda against Tig- artillery shelling, drones, and infantry rayan people, while there was no condi- units. 14 First Light
Spring 2021 tion whatsoever to “endanger the consti- the involved parties to end the escalating tutional order.” He declared war on the violence and to solve disagreements and most stable and peaceful state govern- conflicts by peaceful means.” (16) Mr. ment that had been legally elected by Ahmed ignored all these appeals and re- 98% of Tigrayans’ votes. There was no iterated his position that “Ethiopia is be- emergency situation to compel him re- ing run by a strong functional govern- spond by militarily power. ment. It doesn’t need a babysitter.” (17) Mr. Ahmed rejected peaceful negotia- Mr. Ahmed followed the foot-prints of his tions and refused all appeals for media- predecessors, more vehemently, in not tion by independent people and agen- looking for a multi-lateral solution to the cies. The African Union (AU) made an Ethiopian disputes. According to Human abortive attempt for mediation and Tig- Rights Watch, in a report entitled ray’s President Mr. Debretsion Gebremi- “Ethiopia Events of 2018”: chael, wrote to the South African Presi- “Despite its role as a mem- dent, Mr. Cyril Ramaphosa, requesting ber of both the UN Security for an “all-inclusive and comprehensive Council and, until the end of dialogue [to] avert an all-out civil war in 2018, the UN Human the country”. An AU delegation was sent Rights Council, Ethiopia to Addis Ababa, but Mr. Ahmed refused maintains its history of non- any mediation or dialogue with the cooperation with UN mech- “criminal” TPLF, as he had rejected ap- anisms. Other than the UN peals by the European Union, the UN special rapporteur on Eri- and the US. (15) trea, no special rapporteur The Canadian Foreign Minister, Mr. has been permitted to visit Champagne, called for a peaceful solu- since 2006. The rappor- tion and protection of civilians. The Brit- teurs on torture, freedom of ish Foreign Secretary, Dominic Raab, opinion and expression, spoke with Mr. Ahmed called for “de- and peaceful assembly, escalation of the Tigray conflict". The US among others, all have out- government also called for immediate standing requests to visit action to restore peace and protect civil- the country.” (18) ian. Human rights and humanitarian Mr. Ahmed’s war against people of Tig- agencies across the globe requested im- ray is devoid of any legal basis. It is an mediate ceasefire and access to Tigray unjust war of fratricide with the sinister for humanitarian assistance. Anti-war capacity of setting ethnic groups in Ethio- Ethiopians in diaspora demonstrated in pia against one another. It is, therefore, a many countries including USA, South war against all nations in the country, not Africa, Belgium, Netherlands, and Nor- just Tigray. It is a war against democracy way demanding immediate end to hostili- and fundamental rights of humankind. It ties. The Noble Committee, which rarely can easily spread to the Horn of Africa expresses views about the actions of and threaten peace and security of the past Nobel laureates, issued the follow- world. It is also a crime against peace, ing statement on November 17, 2020: “It that was defined by the principle of the repeats today what it has stated before, Nuremberg Trial that was later (in 1950) namely that it is the responsibility of all First Light 15
First light Spring 2021 First Light enshrined in international law: "planning, war after the carnage. preparation, initiation, or waging of wars War is the epitome of of aggression, or a war in violation of in- hell for all involved. I ternational treaties, agreements or as- know because I have surances, or participation in a common been there and back. I plan or conspiracy for the accomplish- have seen brothers ment of any of the foregoing". (19) In the slaughtering brothers on course of the Nuremberg Trial the war of the battlefield. I have aggression was considered as a su- seen older men, women, preme crime: and children trembling in terror under the deadly “The charges in the indict- shower of bullets and ment that the defendants artillery shells. You see, planned and waged an ag- I was not only a combat- gressive war are charges ant in war. I was also a of utmost gravity. War is witness to its cruelty and essentially an evil thing. Its what it can do to people. consequences are not con- War makes for bitter fined to the belligerent men. Heartless and sav- states alone but affects the age men.” (21) whole world. To initiate a war of aggression, there- Hypocrisy, double-standard and greed fore, is not only an interna- for staying in power without electoral tional crime; it is the su- mandate prompted Mr. Ahmed to un- preme international crime leash the beasts of hatred and hubris differing only from other and wage a devastative war of ag- war crimes in that it con- gression without cause against the tains within itself the accu- most vulnerable people of his country. mulated evil of the The aggressive war in Tigray has all whole.” (20) the characteristics of the “war of ag- gression” specified in the article 8bis As an ex-soldier, Mr. Ahmed was well of Rome Statute of ICC, except the aware of the impacts of war on the most fact that the parties to the aggression vulnerable people. While receiving Nobel are not two sovereign states. This is Peace Prize in Oslo, he made the follow- the flaw in the Kampala amendment ing remarks: of June 11, 2020 to the Rome Statute “There are those who have that has not included aggression of never seen war but glorify non-state parties on the one hand and and romanticize it. They that of a federal government against have not seen the fear, an autonomous regional state on the They have not seen the fa- other. These loopholes may be recti- tigue, They have not seen fied during the future people’s tribu- the destruction and heart- nals against war-mongering elements break, Nor they have felt like Mr. Ahmed. the mournful emptiness of 16 First Light
Spring 2021 Murder and Extermination according to Amnesty International, at- tackers, affiliated with TPLF, armed with Murder, according to the international machetes and knives, stabbed resi- law, involves “a deliberate taking of a dents to death. The bloodshed contin- person’s life” and represents “the core ued persistently for almost 24 hours. crimes against humanity.” (Endnote 22, Some 600 civilians, mainly from Amha- p. 71) According to an ICC document, ra group, are thought to be exterminat- for the crime of murder to exist, “the per- ed. An eye-witness has told the Amnes- petrator must kill one or more persons. ty International: “Police and TPLF youth His conduct must be committed as part militias went all over town searching for of a widespread or systematic attack di- non-Tigrayans to kill. Men turned into rected against a civilian population”. bloodthirsty beasts that day.” (23) (Endnote 22, p. 72) Extermination refers While Mr. Abiy Ahmed blamed the mas- to the mass murder of a demographic sacre on forces loyal to the Tigray re- group. According to Article 7-2-b of the gional government, the TPLF denied Rome Statute for ICC, "Extermination" the accusation. Due to the complete includes the intentional infliction of con- shutdown of Tigray’s communication ditions of life, inter alia the deprivation of and strict prohibition of the journalists’ access to food and medicine, calculated freedom, it is difficult to verify each to bring about the destruction of part of a side’s claims. The United Nations High population.” There is no demarcation Commissioner for Human Rights, Ms. line between murder and extermination: Michelle Bachelet, has called for further “The require- investigation: “It ments of murder is essential that are also applica- there are investi- ble to extermi- gations into alle- nation”. gations of human (Endnote 22, p. rights violations 72) there against The military ag- gression against Tigray resulted in the murder and extermina- tion of thou- sands of people, including civilian population. Hate propaganda and incitement to violence, both Amharans and Tig- fueled the fire of ethnic conflicts. A horri- rayans.” Criminals always hide their ble massacre happened in Mai Kadra, a shocking crime through the use of the town in the north western part of Tigray darkness. (24) with the population of 45000 people in- It is beyond any doubt that federal gov- cluding Tigrayans, Amhara and other ernment forces or their allied ethnic mili- ethnic groups. On November 9, 2020, First Light 17
First light Spring 2021 First Light tias have also committed murder and to unverified allegations that Eritrean extermination in Tigray. Tigrayan refu- troops were present in Tigray and had gees in the Sudanese refugee camps, been involved in the hostilities and seri- have recounted about the massacre of ous violations of international law. She Tigrayan civilians in Mai Kadra by Ethio- has raised concerns about violation of pian federal forces and members of an international law in Tigray: Amhara militia: “Some said they had “We have received seen hundreds of bodies and described allegations con- scenes of ethnically motivated attacks, cerning violations of including killings with knives and beat- international hu- ings.” (25) According to the Al Jazeera’s manitarian law and correspondence, Mohamed Vall, report- human rights law, ing from Um Rakuba refugee camp near including artillery the Sudanese border, refugees coming strikes on populat- from Ethiopia were recounting instances ed areas, the delib- of looting, as well as witnessing “two erate targeting of rounds of violence: the first being the civilians, extrajudi- military coming in to chase the rebels cial killings and [away], and the second [being] members widespread loot- of local militia, particularly Amhara militia ing” (29) called Fano, who come after the defeat Ethiopia’s government has always re- of the rebels to loot inside the homes jected calls for independent investiga- and expel civilians from their places”. tions into the possibility of the perpetra- (26) tion of international crimes in Tigray. An- The Guardian has reported that a other instance of Mr. Ahmed’s policy of “refugee, who gave his name only as extermination is his deliberate attempt Abraham, saw corpses in civilian clothes of not to grant access to war-torn areas as he fled the Tigrayan town of Humera to provide people with much-needed towards the border with Sudan. ‘Nobody humanitarian aid food and medicine. can bury them, they were outside on the This a blatant violation of the aforemen- road,’ he recounted from Hamdayet, a tioned Article 7-2-b of the Rome Statute Sudanese border transit point.” (27) And of the ICC. this is the testimony of a doctor in a Tig- ray hospital who has recently moved to Crimes against Civilians Addis Ababa: “Along the way, I saw nine burned tanks, ruined houses and dam- Parties to the war in Tigray are the Ethi- aged power grids. I also saw at least 15 opian federal government, Amhara re- makeshift graves in the town of gional forces and militia, plus the Eritre- Mehoni.” (28) an government on the one side, and The UN High Commissioner for Human TPLF special forces and regional mili- Rights, Ms. Michelle Bachelet, has point- tias on the other. It is a type of non- ed to “multiple reports that the Amhara international armed conflict governed by “Fano” militia had committed human the common Article 3 the Geneva Con- rights abuses, including killing civilians ventions (International Humanitarian and looting, in addition 18 First Light
Spring 2021 Law) of 12 August 1949, when one or of airstrikes around Mekelle. On Novem- more non-state armed groups are in- ber 7, shelling along the border of the volved. The Convention governs con- Amhara and Tigray region killed 6 and flicts between non-state groups as well. reportedly wounded over 60 combatants. Ethiopia ratified all 4 Geneva Conven- The warning of the Ethiopian army to res- tions in 1969 and is also a party to Pro- idents was ineffective, as airstrikes and tocol II to the Conventions that guaran- heavy bombardments in populated urban tees further protections for combatants areas did not allow them to escape to and civilians during non-international more secure zones. (30) armed conflicts. The IHL has prohibited On December 3, 2020, the New York attacks against civilian objects (by artil- Times reached out doctors in Tigray re- Fighter jets, tanks and heavy artillery were used against civilians in Tigray regions lery or other means), indiscriminate or porting “iindiscriminate artillery barrages disproportionate civilian harm, the use of on civilian areas, looting by armed men heavy artillery (weapons with a wide and the deaths of at least 27 civilians and blast range) and incidental harm to civil- injuries of more than 100.” A physician ians. who moved to Addis Ababa from Tigray, At the beginning of the war, the Ethiopi- has shared his observations about re- an Air Force (EAF) started its attacks by ported civilian casualties in Mekelle on bombing Mekelle, partially destroying a November 28, 2020: “I witnessed 16 civil- hotel in the inner city. Eritrean forces, ian deaths. Comparing it to other towns, reportedly, supported the operation by people were relieved about the figure. On drones provided to them by the United that day, there were artilleries on the out- Arab Emirates (UAE). The TPLF forces skirts of the city, their sound so heavy have also used missiles against Amhara that it shook windows… there was still and other locations in Eritrea. According widespread fear, uncertainty and confu- to Human Rights Watch, on November sion among many.” (31) 6, the Ethiopian army conducted a round First Light 19
First light Spring 2021 First Light Since the beginning of the conflict, the ment of living conditions.” Tigray regions have remained largely cut Ethiopia is a party to core human rights off from the rest of the world with food, treaties, including the International Cove- medicine, clean water, fuel and other nant on Civil and Political Rights basic necessities desperately needed for (ICCPR), the International Covenant on war-affected and displaced population. Economic, Social and Cultural Rights The aid trucks remained waiting at the (ICESCR), and the Convention border of Tigray for weeks, but the Ethio- against Torture and Other Cruel, Inhu- pian government repeatedly objected to man or Degrading Treatment or Punish- allowing a humanitarian corridor in what it ment. Ethiopia is also party to regional called external “interference”. This hap- human rights treaties, including the Afri- pened despite repeated warning from hu- can Charter on Human and Peoples’ manitarian agencies about the com- Rights and the African Union Convention pounding risk of life and suffering to the Governing Specific Aspects of Refugee most vulnerable population. It was not Problems in Africa. until December 12, 2020 that that the first The complete shutdown of internet and international aid convoy carrying medi- phone communications to around six mil- cines and relief supplies arrived in lion people in Tigray have acted as col- Mekelle. This deliberate delay caused lective punishment to the civilian people. sufferings and casualties for civilians and It violates multiple rights guaranteed un- death for patients who were in desperate der the international and regional human need of life-saving medications. rights instruments Ethiopia has acceded The article 23 of the 4th Geneva Conven- to, including the rights to freedom of opin- tions Relative to the Protection of Civilian ion, expression, information and the right Person provides that state parties “shall to free assembly. According to the Hu- allow the free passage of all consign- man Rights Watch: ments of medical and hospital stores” Internet and phone shut- and it should be done “as rapidly as pos- downs can cause consider- sible”. This is reiterated in the Rule 55 of able harm to the civilian the International Committee of the Red population, including lead- Cross: “parties to a conflict must allow ing to possible injury and and facilitate the rapid and unimpeded death by preventing civil- passage of impartially distributed human- ians from communicating itarian relief for civilians in need.” (32) with each other about safe- This necessitates the freedom of move- ty considerations, access to ment of humanitarian workers to perform medical facilities, and their duties effectively. Similarly, article sources of food and shelter. 11 of the International Covenant on Eco- They also hinder the work nomic, Social and Cultural Rights (ratified of journalists and human by Ethiopia on 11th of June 1993) pro- rights monitors who can vides that the states parties “recognize provide information on the the right of everyone to an adequate situation on the ground, in- standard of living for himself and his fam- cluding the reporting of pos- ily, including adequate food, clothing and sible laws-of-war violations. housing, and to the continuous improve- (33) 20 First Light
Spring 2021 There are between 1 to 2 million Internally Displaced People in Ethiopia. The invasion against Tigray didplaced 100,000 people The invasion of Tigray has delivered its come as supplies of food, in- most destructive blow on children. The cluding ready-to-use therapeu- United Nations International Children’s tic food for the treatment of Emergency Fund (UNICEF) estimates child malnutrition, medicines, that despite an agreement on access, water, fuel and other essen- some 2.3 million children in the region tials run low”. (34) are cut off from humanitarian assistance This deprivation is against customary inter- amid the violence. The agency’s Execu- national law including the UN Convention of tive Director, Ms. Henrietta Fore, has the Right of the Child (CRC), Ethiopia is a raised her serious concern in this re- party to. Article 24 of the CRC obligate the spect: state parties to guarantee “right of the child “We are extremely con- to the enjoyment of the highest attainable cerned that the longer ac- standard of health” and the article 27 stipu- cess to them is delayed, the lates that “States Parties recognize the right worse their situation will be- of every child to a standard of living ade- First Light 21
First light Spring 2021 First Light quate for the child's physical, mental, [pro-government] militia said they would spiritual, moral and social development.” kill us because we are from Tigray. They told us, ‘You have 24 hours to leave’, Forcible Transfer of Population and they began to loot our animals and property.” (35) According to Article 7 (d) of the Rome Before crossing the border, refugees Statute for ICC, "Deportation or forcible spent days on the run, facing starvation, transfer of population means forced dis- being stopped by armed groups who placement of the persons concerned by robbed their belongings. Many hid for expulsion or other coercive acts from the long hours in bushes to avoid being spot- area in which they are lawfully present”. ted. They entered Sudan with nothing Heavy casualties and destruction, mass but clothes in their back. 50% of refu- More than 65,000 Tigrayan refugees live under awkward conditions in Sudan displacement of 100,000 people from gees in Sudan are children with inade- Tigray, 55,000 refugees in Sudan: this is quate means to survive. Tigrayan refu- the sheer balance sheet of the war of gees in Sudan are unable to restock aggression against Tigray. What will fol- food, medical and other emergency sup- low is the testimony of Shimei Abra Adi- plies. Local communities, with their little ko, an Ethiopian refugee in Sudan: “The 22 First Light
Spring 2021 resources, cannot be of much help to “alarming” and mentioned that “any re- them. A great number of refugees have foulement would be absolutely unac- starved for days. They suffer from physi- ceptable.” (37) The International Organi- cal and mental health complications. zation for Migration said it was Children suffer from flashbacks and fre- “extremely concerned” about the refu- quent nightmares about dead bodies. gees’ “forced” return and denied its col- Families have been torn apart by the laboration with the government of Ethio- conflict. Hundreds of refugees have lost pia in this respect. (38) contact with their loved ones. The forcible relocation of Eritrean refu- The condition of around 100,000 Eritrean gees, masterminded by Mr. Ahmed, is a refugees in four refugee camps in Tigray blatant violation of the principle of non- is not better. They had escaped Eritrea refoulement enshrined in the article 33 of due the gross human rights violations of the Geneva Convention relating to the Mr. Afwerki’s tyrannical regime including Status of Refugees as well as the non- compulsory and indefinite military service degrogable right of every human person and daily surveillance. With the outbreak not to be return to torture (article 3 of the of war, they caught in a conflict that put UN Convention against Torture) their safety and survival at great risk. Ac- cording to the reports received by the Massive Discriminations United Nations High Commissioner for Refugees (UNHCR), a great number of Since taking office in 2018, the Prime them have been killed, recruited, kid- Minister Abiy Ahmed has pursued a poli- napped and forcibly returned to Eritrea by cy of massive discriminations against the Eritrean forces in Tigray with the con- oppositional ethnic groups including and sent or acquiesce of the Ethiopian army. specifically Tigrayans and their leader- The UNHCR and other aid agencies ship. He removed many Tigrayans from have not had access to the four main government and security posts and ar- camps hosting Eritrean refugees - rested many in the pretext of rights Shimelba, Hitsats, Mai-Ayni and Adi Ha- abuse and corruption. In a further move, rush. Food has run out for Eritrean refu- Ethiopia’s parliament stripped 39 mem- gees in Tigray camps. (36) bers of TPLF, including regional presi- Following the intensification of conflict in dent Gebremichael, of immunity from Tigray, a number of Eritrean refugees prosecution. Police arrested 242 Tig- managed to escape Tigray to Addis Aba- rayans charging them of conspiracy ba and other parts of Ethiopia. Following against the government. (39) the occupation of Mekelle on November Elsewhere in the country, ethnic profiling 28, 2020, Ethiopian government spared of Tigrayans has reached an alarming no time to forcibly return them to the Tig- point. The Ethiopian police is seeking the ray camps, deliberately neglecting the list of ethic Tigrayans all over the country risk to their life and security. The govern- in an attempt to arrest and persecute ment did not inform the UNHCR of its re- them as “traitors”. The government’s location plan and put refugees on buses newly formed State of Emergency Task back to the risky border area with Eritrea. Force for Tigray has systematically at- Mr. Babar Baloch, the UNHCR spokes- tempted to hunt people, Tigrayans and man, called the reports about relocation First Light 23
First light Spring 2021 First Light others, suspicious of working for the not free from blemish. The occupation of TPLF in the capital Addis Ababa and Mekelle by the federal government does elsewhere. There are fears of reprisals not mean the end of the armed conflict. against Tigrayans living around Ethio- The TPLF has an effective force of pia. According to Ezekiel Gebissa trained, dedicated and experienced President of the Ethio Multinational guerrilla combatants and the support of Federalist Support Force: Tigrayan people who had sacrifice their “They are illegally dis- lives for 16 years to save Ethiopia from missed from jobs, their the nightmare of the Derg. properties destroyed, With the suppression of the Tigrayan’s their assets frozen and people movement for autonomy, Tigray travels restricted. Mass may choose to secede from Ethiopia and arrest, arbitrary detention, pave the way for balkanization of the and enforced disappear- country. There is also a possibility that ance of Tigrayans in Ad- the TPLF makes a unity with the Eritrean dis Ababa and in other rebels who are struggling against the ty- towns have intensified, rannical regime of Afwerki with the pro- aggravating the precari- spect of the unification of Tigrigna ousness of their life in speaking people in both sides of the bor- Ethiopia.” (40) der. In the meantime, the possibility of a Article 7 (h) of the Rome Statute for military coup should not be ruled out. ICC has classified “persecution against There is hardly any doubt that there is any identifiable group or collectivity on no military solution to the ethnic prob- political, racial, national, ethnic, cultur- lems in Ethiopia and elsewhere. War is al, religious, gender” as a crime against the cruelest absurdity of the entire hu- humanity. According to article 4 (a) of man existence. The only ray of hope is the International Convention on the the triumph of federalism in Ethiopia and Elimination of All Forms of Racial Deci- recognition the human rights of all ethnic mation (ratified by Ethiopia on 23 June and religious communities to participate 1976), it is “an offence punishable by voluntarily, meaningfully and effectively law… all acts of violence or incitement in all aspects of the Ethiopian life. to such acts against any race or group of persons of another colour or ethnic Endnotes origin”. Clausewitz, K.V. (1985). Paret, P. & Conclusion Moran, D. (trans.). Two Letters on Strategy. Kansas: Army College The invasion of Tigray by Mr. Abily Ah- Foundation, Inc. P. 21. med and his allies is a war crime and Reisen, M.V., Mirjam, Mawere, M., crime against humanity and peace with Munyaradzi, Stokmans, M., Ge- the sinister potential of disintegration bre-Egziabher, K.A. (Eds.). the multi-ethnic country of Ethiopia. Roaming Africa: Migration, Resili- Multiple crimes of international nature ence and Social Protection. have been committed by the Ethiopian Mankon: Langaa Research and government, although the TPLF is also Publishing CIG, p. 483. 24 First Light
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