Against the Evil of War - First Light - Canadian Centre for Victims of Torture

 
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Against the Evil of War - First Light - Canadian Centre for Victims of Torture
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)
Against the Evil of War - First Light - Canadian Centre for Victims of Torture
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

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                                                                                                    First Light
Against the Evil of War - First Light - Canadian Centre for Victims of Torture
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

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Against the Evil of War - First Light - Canadian Centre for Victims of Torture
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    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

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Against the Evil of War - First Light - Canadian Centre for Victims of Torture
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

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             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

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Against the Evil of War - First Light - Canadian Centre for Victims of Torture
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

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                                                      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

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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

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          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

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     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-

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          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;

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    (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

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          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.

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                                                                                                     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

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          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

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                                                                                            First Light
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    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,

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          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
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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

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          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
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     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-

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          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
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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

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  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.

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