Abstract:
The effective implementation of TJ through criminal accountability and truth commission
requires conducive environment and contexts to realize. However, its implementation in
general and criminal accountability and the truth commission in particular are the most
daunting and rigorous tasks for post-conflict states to realize in the wake of gross human
rights violations. The case of Ethiopia is not an exception to this fact because the
previous TJ initiatives through criminal accountability and truth finding and telling was
ineffectively implemented in Ethiopia due to absence of preliminary assessment of hurdles
and opportunities or conducive environments for the realization of the initiative.
Currently, Ethiopia entered in to a commitment to address the gross human rights
violation committed during the two years bloody war in northern Ethiopia via
transitional justice mechanisms. The purpose of this research is to examine the
transitional justice framework of Pretoria peace agreement and its challenges and
opportunities to realize and the experiences of other post-conflict states with regard to TJ
in order to learn lessons by making criminal accountability and truth finding and telling
a special focus. Methodologically, the research employed both doctrinal and non doctrinal method of study. In addition to analyzing the existing legal texts, literatures, the
experiences of other states and reports, interviews with some key informants based upon
their relevancy for the study were held. The finding of the study indicates that despite the
existence of some opportunistic efforts made to create a conducive environment for the
implementation of TJ through criminal accountability and truth commission, legal
inadequacy, institutional challenges, lack of resources and political commitment are the
major potential challenges for the implementation of the initiative. Finally, the researcher
recommends that the policy and legal lacuna should be filled, independent special
prosecution and court structure should be crafted, local and international resource
mobilization should be conducted and the Ethiopian people, civil societies and
international community should push, question and follow up the implementation of the
initiative.
