Article

Atrocity and its Aftermath: The Law and Pathways for Justice in the Tigray Conflict

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Abstract

The armed conflict in Ethiopia’s Tigray region between 2020 and 2022 constitutes one of the most severe mass-atrocity crises of the twenty-first century, yet meaningful accountability remains elusive. This paper examines how atrocities committed during the Tigray conflict should be evaluated under international criminal and human rights law and explores viable pathways for justice in a post-conflict context marked by political fragility. Drawing on international criminal jurisprudence, United Nations and NGO reporting, and historical analysis, the paper assesses allegations of genocide, crimes against humanity, and war crimes, with particular attention to the evidentiary and doctrinal challenges surrounding the crime of genocide. It argues that while substantial evidence supports findings of crimes against humanity and war crimes, the genocide determination is complicated by issues of specific intent, attribution, and individual criminal responsibility in a multi-actor conflict. Beyond legal classification, the paper interrogates core transitional justice paradoxes—peace versus justice, truth versus justice, and justice versus reconciliation—highlighting the limitations of purely retributive mechanisms in Ethiopia’s political context. It contends that while criminal prosecutions of senior perpetrators are legally and morally necessary, they are insufficient on their own. Accordingly, the paper proposes a hybrid accountability framework that combines formal judicial processes with dialogical and restorative mechanisms, including indigenous alternative dispute resolution models. Such an approach, it argues, offers a more sustainable path toward accountability, reconciliation, and long-term stability in post-conflict Ethiopia.

Keywords: atrocity, pathways, justice, Tigray