28 | P age b to makes him give a testimony in a favorable manner which does not appeared in the older code. Finally, the CC criminalized torture as underling offence under the crime entitled use of improper method, as crime against public offence, while international law (the UNCAT and the ICCPR) to which Ethiopia is a member State prohibit and criminalized torture as violation against the person. 129 In addition to the domestic laws, Ethiopia is well known for the signing and ratification of international instruments since the foundation of United Nations. Accordingly, the country ratified several international human rights instruments including ICCPR, UNCAT, CRC CEDAW, CERD and CRPD. 130 Except UNCAT all conventions provide general prohibition of torture in one way or another, as discussed above under section 2.2. There is unsettled debate, among legal scholars in Ethiopia, over the incorporation and execution of treaties ratified by Ethiopia. Those who argue that Ethiopia is among those who follow monist approach, the mere ratification is enough for domestic application of treaties. 131 Woldemariam claims that treaty follows same procedure with adoption of proclamation and no constitutional provision that require publication of treaty after ratification. 132 Besides, there is no law in Ethiopia that makes publication of law as validity requirement. Woldemariam also argued that practice shows that no publication of treaties in the official Negarit Gazette is a requirement for their application. 133 Idris hold that ratification is not enough rather the publication under Negarit Gazetta is mandatory for their enforcement by courts. 134 He argued based on article 71 of FDRE constitution which requires proclamations or laws enacted by parliament shall be signed by the president. 135 There is also a distinction among treaties ratified by state as self-executing and non-self- executing treaties. In the former case domestic courts simply enforce or apply the treaties provision, whereas the second case signify that treaties must be accompanied by enabling 129 UNCAT Art. 4 and ICCPR Art. 7. Ethiopia acceded to UNCAT on 14 March 1994. Date of ratification of all other the treaties is available at < https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx > (accessed on 15 May 2019). TS. Bulto, The Monist-Dualist Divide and the Supremacy Clause Revailing the Status of Human Rights Treaties in Ethiopia (2009) 23(1) Journal of Ethiopian Law 132; GA. Woldemariam, The Place of International Law in the Ethiopian Legal System (2016) 1(1) Ethiopian Yearbook of International Law 61. GA. Woldemariam., note 131, 74-76. ibid. I. Idris, The Place of International Human Rights Conventions in the 1994 Federal Democratic Republic of Ethiopia (FDRE) Constitution (2000) 20 Journal of Ethiopian law 113, 125-126. ibid.
