ABSTRACT

Ethiopia is a pluralist society in which customary laws play a significant role in the day-to-day affairs of people, including in settling disputes, both civil and criminal. This chapter examines the legal place of Customary Criminal Justice Systems (CCJSs), their interface with the state criminal justice system, and the implications of their status and interface for human rights in Ethiopia. While Ethiopia’s state criminal justice system previously incorporated the principle of legality, it recognized some elements of CCJSs in a nuanced manner. In determining what status a country accords to customary practices, consideration of its constitution is relevant. The Ethiopian Constitution unequivocally recognizes the Ethiopian people’s diversity. The Criminal Justice Policy of Ethiopia stipulates that ‘in cases of crimes that are punishable by simple imprisonment or upon complaint, the investigation or trial can be interrupted if the disputing parties have settled their differences through reconciliation and upon the initiation or request of the parties’.