Witness Protection Measures in Transitional Justice Processes: Lessons for Ethiopia

Abstract

Witness protection is a critical concern in the prosecution of
perpetrators in ordinary criminal proceedings as well as transitional
justice processes involved in serious human rights violations,
including war crimes, crimes against humanity, and genocide. This
article offers a thorough analysis of the legal frameworks governing
witness protection measures across international, regional, and
national contexts, emphasizing the need to balance witness safety
with the right to a fair trial. By examining the existing legal and
institutional frameworks, this research finds that Ethiopia’s current
laws address only ordinary criminal proceedings, prioritizing “public
interest,” the typical focus of criminal law. Moreover, while the
Ethiopian Transitional Justice Policy (ETJP) outlines the institutional
set-up for various bodies under the policy, it fails to provide any
policy framework for witness protection. Drawing on the experiences
of other African countries, this study further reveals that separate
legal and institutional frameworks are essential to the success of
transitional justice processes, particularly in societies marked by
polarized ethnic tensions and fragile state–society relations.
Accordingly, the article recommends the establishment of a dedicated
witness protection law and institutional structures that safeguard the
rights of both witnesses and victims.
Keywords: Witness protection, Ethiopian transitional justice policy,
human rights violations, conflict, victims