2025/06/10 by FIKADU, MOTUMA FITE
Social Sciences · #Atrocity Crime #Crimes against Humanity #Criminalization #Ethiopian Law #Forced Pregnancy #Gender, Security, and Conflict #Gender-Based Violence #Genocide #Homicide, Infanticide, and Child Abuse #International Law #International Law and Human Rights #Reproductive Rights #War Crimes
paper · doi:10.20372/nadre:21249
openalex publication_date 2025/06/10 · openalex created_date 2025/11/12 · openalex updated_date 2026/07/01
This research critically evaluates the criminalization of forced pregnancy as atrocity crimes within Ethiopia"s legal framework, contrasting it with international standards and comparative national practices from Turkey, USA, South Africa, and Germany. It employs doctrinal legal research methodology and systematically examines international legal instruments, landmark cases, and Ethiopia"s legal frameworks. While forced pregnancy is explicitly recognized under international law as a crime against humanity and war crime involving unlawful confinement, and women forcibly made pregnant to change the ethnic makeup of a population or commit other serious breaches of international law, Ethiopia"s legal framework though criminalizing various sexual violence like rape, it lacks explicit recognition of forced pregnancy as atrocity crimes and fails to address its unique elements. Recent conflicts in Ethiopia have underscored systemic gender-based violence, including acts potentially constituting forced pregnancy, necessitating the research. Ethiopian criminal law currently lacks explicit provisions criminalizing forced pregnancy as atrocity crimes, necessitating amendments to align with international law by recognizing forced pregnancy as both a war crime and genocide, with clear definitions of the act and intent. The draft proclamation no.___/2025, on “Fundamental Crimes Committed in Violation of International Law” represents significant progress by criminalizing forced pregnancy as a crime against humanity; however, it should further distinguish „enforced sterilization" as a separate individual act and incorporate „carrying out other grave violations of international laws" as alternative specific intent of forced pregnancy. Until such comprehensive legislation is enacted, perpetrators should be prosecuted under existing laws covering rape and abduction concurrently to ensure justice and prevent impunity. Additionally, raising awareness among the public, policymakers, and legal practitioners about forced pregnancy as a grave human rights violation is essential to support these legal reforms and safeguard women"s reproductive rights.