Tigray War Victims File The First-Ever Criminal Complaint In German Court

 

(ANALYSIS) In March 2025, eight survivors of the Tigray War filed a groundbreaking criminal complaint with the German Federal Public Prosecutor alleging that twelve senior Ethiopian and Eritrean government officials and military officers committed war crimes and crimes against humanity during the conflict.

The Tigray War began on Nov. 4, 2020, when “Prime Minister Abiy Ahmed ordered the Ethiopian Defense Forces (EDF) to militarily engage with the Tigray Regional Paramilitary Police and militia loyal to the Tigray People Liberation Front (TPLF) in what he stated was a response to multiple attacks by the Tigray security forces on the EDF North Command base in Mekelle and other military camps in Tigray Region.”

A few days later, evidence of ethnic-based targeting and the commission of mass atrocities began to emerge.

These crimes include murder, rape, sexual violence — including sexual slavery and forced pregnancy — persecution, and other inhumane acts. These violations were predominantly committed against Tigrayan civilians by Ethiopian and Eritrean forces, as well as allied militia groups. The exact numbers of victims are not known, with reports suggesting between 300,000 and 800,000 fatalities, in addition to thousands of victims of other crimes.

In November 2022, the Government of Ethiopia and the TPLF signed the Cessation of Hostilities Agreement. While the agreement silenced the bullets, atrocities continue to this day, including conflict-related sexual violence.

The eight survivors filing a criminal complaint are said to be victims and witnesses of sexual violence, arbitrary detention, torture and starvation. As it stands, the crimes have not been investigated or prosecuted in Ethiopia, leaving the individuals deprived of the chance to see justice and accountability. As some of the eight currently reside in Germany, they have requested the German Federal Public Prosecutor open an investigation into the crimes under the principle of universal jurisdiction.

The principle of universal jurisdiction allows for the prosecution of crimes such as genocide, war crimes, crimes against humanity, and torture committed on foreign territory by persons who are not nationals of the jurisdiction in question. Among others, the use of universal jurisdiction enabled German domestic courts to prosecute members of Daesh (also known as the Islamic State group, ISIS or ISIL) for genocide and crimes against humanity perpetrated against the Yazidis in Iraq. Now, the hope is that German courts will provide justice to the victims/survivors of the Tigray War.

Tigrayan schoolchildren receive meals with support from UNICEF and the European Union. (Photo courtesy UNICEF Ethiopia)

If accepted, the German Federal Public Prosecutor may open structural investigations into alleged crimes committed during the Tigray War and then conduct individual criminal investigations into alleged perpetrators. This may then result in the issuance of arrest warrants and criminal prosecutions.

One survivor commented, “I’ve lost two of the most important people in my life in this war: my younger brother and my mom. The suffering and agony continue. Tigrayans are still dying every day. We urgently need to bring to justice those who orchestrated and engineered these unimaginable crimes in Tigray — this would bring peace of mind to me and to the people of Tigray.”

The eight survivors are supported by Legal Action Worldwide, Debevoise & Plimpton LLP and the European Center for Constitutional and Human Rights. As indicated by the legal representatives, this is the second complaint filed by LAW and its partner, Debevoise and Plimpton LLP, on behalf of Tigrayan victims, with the first being submitted to the African Commission on Human and Peoples’ Rights, in partnership with the Pan African Lawyers Union.

The African Commission communication was filed against the Federal Democratic Republic of Ethiopia, alleging violations of its obligations under the African Charter on Human and Peoples’ Rights during the conflict.

In October 2022, the African Commission issued emergency provisional measures urging Ethiopia to cease all violations, including extrajudicial killings and sexual violence, and to ensure humanitarian access in Tigray.

As victims/survivors of the Tigray War have been deprived of justice and accountability in Ethiopia, it is key to explore other options, including under the principle of universal jurisdiction. Such proceedings can help to establish facts about gross human rights violations during the Tigray War and provide victims/survivors with the chance to have their day in court and face the perpetrators.

The road towards justice and accountability is long. However, the criminal complaint is the first and key step to send the survivors on that journey.

This piece was republished from Forbes with permission.


Dr. Ewelina U. Ochab is a human rights advocate, author and co-founder of the Coalition for Genocide Response. She’s authored the book “Never Again: Legal Responses to a Broken Promise in the Middle East” and more than 30 UN reports. She works on the topic of genocide and persecution of ethnic and religious minorities around the world. She is on X @EwelinaUO.