A. CRIMES AGAINST HUMANITY
Crimes Against Humanity have been crimes under customary international law since at least 1945. Article 7 of the Statute of the International Criminal Court codifies them as follows:
1. For the purpose of this Statute, “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (i) Enforced disappearances of persons; (j) The crime of apartheid; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health….
Crimes committed in violation of customary international law cannot be perpetrated against a civilian population, regardless of whether the State has ratified a particular convention or treaty. According to a current codification of customary international law (articulated in Article 7 of the Rome Statute of the ICC), numerous acts constituting “crimes against humanity” have taken place.
The following acts reportedly committed by the EPRDF and Highlanders as part of the larger widespread and systematic attack against the civilian Anuak population, constitute crimes against humanity and are punishable as violations of customary international law:
1) Widespread and systematic murders and executions of Anuaks
2) Arson and murder in order to forcibly deport the Anuak population
3) Mass rape of Anuak women and girls
4) Forced pregnancy to produce non-Anuak children
5) Enforced disappearances of Anuak persons
6) Arbitrary arrests, detention and torture of Anuak persons
7) Purposeful transmission of HIV/AIDS to Anuak rape victims (inhumane acts)
8) Intentional mutilation of Anuak persons
9) Other cruel or inhumane acts intentionally causing great suffering or bodily harm.
B. GENOCIDE
According to the Convention on the Prevention and Punishment of the Crime of Genocide (1948), Article II, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
a. Killing members of the group;
b. Causing serious bodily or mental harm to members of the group;
c. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
d. Imposing measures intended to prevent births within a group;
e. Forcibly transferring children of the group to another group.
Ethiopia was one of the first signers of the Genocide Convention on December 11, 1948, and ratified it in July 1949.
The following acts committed by the EPRDF constitute acts of genocide:
1) The intentional killing of members of the Anuak ethnic group, targeted solely because they are Anuak, destroying a substantial part of the Anuak group.
2) The deliberate targeting of members of the Anuak ethnic group to cause serious bodily or mental harm.
3) The deliberate infliction on the Anuak group, through burning of homes and destruction of food supplies, of conditions of life calculated to bring about its physical destruction.
3) The systematic use of rape as a weapon against a large number of Anuak women in order to destroy the Anuak ethnic group, by:
a. Forcing Anuak women to bear the children of non-Anuak fathers.
b. Intentional infection of Anuak women with HIV/AIDS so as to cause future death.
c. Rapes of Anuak young girls so as to prevent them from having children in the future.
C. ARBITRARY ARREST, ILLEGAL DETENTION & TORTURE
Article 9 of the ICCPR prohibits arbitrary arrest and detention. It provides in its relevant part:
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him; and
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to a trial within a reasonable time or to release.
States parties to the ICCPR are prohibited under paragraph (1) of Article 9 to deprive persons of liberty “except on such grounds and in accordance with such procedures as are established by law.”
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http://www.ictr.org/ENGLISH/basicdocs/statute.html