THE INVOLVEMENT OF CORPORATIONS IN INTERNATIONAL CRIMES AND THEIR LIABILITY: EXAMINING THE ETHIOPIAN CRIMINAL JUSTICE SYSTEM

Abstract

Currently, the participation of corporations in the commission of international crimes has significantly increased in the international arena as well as in the domestic practises of many states. This is mainly the case in Germany, the Congo, Rwanda, Sudan, and now Ukraine. This thesis tries to assess corporate criminal responsibility for commission of international crimes by considering the Ethiopian criminal justice system. This thesis critically examined the legal framework, subsidiary legislation, and criminal justice policies regarding the criminalization of corporations for core international crimes. The research has recognized that there are many instances in which corporations are involved in the commission of international core crimes in Ethiopia. There is no moral, legal, or economic plausible argument for this lack of action from the Ethiopian government to criminalize corporations for core crimes. The problem is the real problem for Ethiopia's criminal justice system. One can only wonder how justice would have been served in the CUD trial, Dergue trail, and current situation in Ethiopia concerning corporations was impossible to convict them for core crimes because of a lacuna in the law. This is a proven fact based on the decision of the FHC. The study employed both doctrinal and non doctrinal methods of study. In addition to analyzing the existing legal texts, literature, and reports, interviews with some key informants based on their relevancy for the study were conducted. The research has found that in the absence of a single criminal law provision criminalize corporations for core crimes; the government is unable to criminalize corporations for core crimes due to the interaction between corporations and rebel groups or state authorities. The core crimes that corporations can commit are unlimited, and their liability should not be limited. Therefore, the research also recommends that the Ethiopian law-making organ enact laws that criminalise corporations for international crimes. The existing FDRE Criminal Code extends the inclusion of a specific and separate part on determining penalties and punishments against corporations and the adoption of the model of attributing criminal guilt for core crimes. Amendments should also be made to the modes of participation in international crimes.