A response to a transitional-justice commentary argues that legal mechanisms face major political and regional constraints in Tigray.
By Kaleab Azeze Tadesse Simie Metekia’s recent commentary, “Eritrea’s Crimes in Tigray: Pathways to Justice and Peace” (The Reporter, 4 April 2026), is an important contribution to ongoing debates on accountability for atrocities committed during the Tigray conflict.. As a prominent Ethiopian scholar of transitional justice, his work has helped shape domestic discussions on justice and post-conflict recovery.. However, the piece leans heavily toward formal legal pathways—domestic prosecutions, universal jurisdiction, the International Court of Justice,
and even the possibility of an ad hoc tribunal.. While these mechanisms are important in principle, the analysis gives limited attention to whether they are realistically achievable in the current political and regional environment.. The core concern is the gap between legal possibility and political feasibility.. As Mark A.. Drumbl argues, international criminal law often rests on “borrowed stilts,” assuming enforcement capacities and political conditions that rarely exist in fragile transitional settings.. This gap is
particularly visible in the Horn of Africa, where institutions remain contested, interstate tensions persist, and political trust is uneven.. Drumbl further cautions against approaches that reduce mass atrocity primarily to individualized criminal punishment.. Violence on the scale witnessed during the Tigray conflict was not simply the product of isolated individuals acting autonomously.. It involved broader political mobilization, military structures, regional dynamics, and collective forms of participation.. In such contexts, prosecution-centered approaches may capture only one
dimension of responsibility while overlooking the structural and political conditions that enabled violence.. A related concern, highlighted by David Kennedy, is that international legal discourse can privilege technical legal reasoning while underestimating politics, power, and strategic interests.. In the Horn of Africa context, where security competition, regional tensions, and internal fragmentation remain central realities, law cannot be treated as operating independently from politics.. Similarly, Ruti G.. Teitel reminds us that transitional justice is not solely
a matter of legal doctrine or criminal procedure.. It also depends on sequencing, legitimacy, institutional capacity, and the broader political environment in which accountability mechanisms operate.. None of this diminishes the importance of accountability.. The alleged atrocities committed in Aksum, Shire, Adwa, and other areas must remain central to any serious Ethiopia–Eritrea peace and justice agenda.. The issue is not whether justice is necessary, but how it is framed and pursued.. Indeed, an overly legalistic
approach risks creating the impression that justice can be achieved primarily through tribunals and prosecutions alone.. Yet in deeply polarized and fragile regional contexts, criminal trials by themselves rarely resolve political tensions, rebuild trust, or address the broader consequences of mass violence.. As Drumbl suggests, responses to atrocity may require broader and more context-sensitive approaches that situate legal accountability within wider political and peacebuilding realities.. In the current transitional context, the principal challenge is therefore
not merely the absence of legal pathways.. It is the disconnect between legal imagination and political reality.. A credible approach to accountability must therefore balance legal aspirations with political feasibility, regional dynamics, and the broader demands of peace and stability.. Drumbl, Mark A.. 2005.. “Collective Violence and Individual Punishment.” Northwestern University LaKennedyDavid.. 1999.. “The International Human Rights Movement: Part of the Problem?” Harvard International Law Journal.Metekia, Tadesse Simie.. 2026.. “Eritrea’s Crimes in Tigray: Pathways to
Justice and Peace.” The Reporter, 4 April 2026.Teitel, Ruti G.. 2000.. Transitional Justice.. Oxford University Press.w Review.. Editor’s Note : Views in the article do not necessarily reflect the views of borkena.com Join our Telegram Channel : t.me/borkenaLike borkena on Facebook To submit Press Release, send submission to [email protected] Add your business to Ethiopian Business Listing / Ethiopian Business Directory Join the conversation.. Follow us on X (Formerly Twitter) @zborkenato get the latest Ethiopian
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Tigray justice, transitional justice, international criminal law, Ethiopia Eritrea peace, ad hoc tribunal, universal jurisdiction, Horn of Africa