Ethiopian Federal Laws

A PROCLAMATION ON THE DEFENSE FORCES OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

WHEREAS, the Defense Forces of the Federal Democratic Republic of Ethiopia is organized, to safeguard the country's sovereignty, to embody the equitable representation of nations, nationalities and peoples, and to carry out its functions free of any partisanship to any political organization;

WHEREAS, it has been found necessary to have a legal framework for the Defense Forces of the Federal Democratic Republic of Ethiopia by which is directed an consistent with its contemporary commitments and which takes into account its future commitments;

WHEREAS, it has become necessary to revise and consolidate the existing legal framework of the Defense Forces of the Federal Democratic Republic of Ethiopia;

NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

PART ONE
GENERAL

1. Short Title

This Proclamation may be cited as the "Defense Forces Proclamation No. 1100/2019”.

2. Definition

1. "commander" means a person authorized to direct and administer a military unit formed at any level of the Defense Forces of the Federal Democratic Republic of Ethiopia including the Commander-in-Chief of the Armed Forces;
2. "Ministry" or "Minister” means the Ministry or Minister of the National Defense, respectively;
3. "recruit" means a person drawn from the community to render military service in the Defense Forces of the Federal Democratic Republic of Ethiopia having met the criteria but has not yet completed military training and has not entered into a contract of employment;
4. "member of defense forces" means a person who renders military services on a permanent basis in the Defense Forces of the Federal Democratic Republic of Ethiopia;
5. "private soldier" means a member of the defense forces without rank and who is already serving or who has taken oath or entered into a contract of employment having completed basic military training.
6. "officer" includes those members of the defense forces ranging in rank from Second-Lieutenant to General;
7. "general officer" means ranks of those members of the defense force ranging from Birgadier-General to General;
8. "senior officer" means ranks of those members of the defense forces ranging from Major to Colonel;
9. "junior officer" means ranks of those members of the defense forces ranging from Second-Lieutenant to Captain;
10. "non-commissioned officer" means ranks of those members of the defense forces ranging from LanceCorporal to Chief Warrant Officer under the Ground Forces and from Junior Air craftman to Chief Warrant Officer under the Air Forces;
11. "task" means a military duty that any member of the defense forces carries out in the Ministry from the time he has entered into a contract of employment upon taking of an oath till discharged from military service;
12. "active combat duty" means a military duty performed at home or abroad, as the case may be, when the House of Peoples’ Representatives of the Federal Democratic Republic of Ethiopia declares the nation is in a state of war or a general mobilization, or the Commander-in-Chief of the Armed Forces gives a standby order or when it is decided that the defense force is on active combat duty and deployed accordingly or a duty performed by the defense force in a state of emergency declared according to the law; at home or abroad as deemed necessary.
13. "member of the national reserve force" means a person recruited according to law to be a member of the national reserve force and waiting to give military service upon taking the necessary training;
14. "military justice organs" means military police, military prosecutor, military court and military defense counsel;
15. "federal and state security forces" means federal or state police, militia, inland security, anti-terrorism, customs, immigration forces and organs that directly or indirectly carry out similar activities;
16. "regular justice organs” means federal or regional courts, police, prosecutor and prison centers;
17. "peace keeping mission" means a mission of peace making or peace keeping carried out in a foreign country by the resolution of the United Nations or the African Union or as per military cooperation agreements with allies;
18. "civil" means any person who is not a member of the defense forces;
19. any expression in the masculine gender includes the feminine.

3. Scope of Application

This Proclamation shall be applicable on any member of the defense forces as well as on civilians, as the case may be.

PART TWO
MILITARY SERVICE

4. Organization of the Defense Forces

1. The Defense Force of the Federal Democratic Republic of Ethiopia shall consist of Ground Force, Air Force, Naval Force and Special Operations Force, and may include, as necessary, Space and Cyber Forces.
2. Each force may have reserve force as may be necessary.
3. The Ministry may organize subordinate units when military exigencies so require.

5. Recruitment

1. the Ministry may, in accordance with its criteria issued from time to time, recruit persons fit and willing for military services.
2. recruitment made by the Ministry, under sub-article (1) of this Article, shall embody equitable representation of Nations, Nationalities and Peoples.
3. cadets shall be recruited from members of the defense forces and directly from the civilian population.

6. Employment

Any military recruit shall conclude a contract of employment in accordance with a directive to be issued by the Ministry.

7. Military Training

1. Any military recruit shall receive basic military training before going into service.
2. Members of the defense forces on active duty shall be trained in diverse skills or educated in diverse fields as the mission requires considering their individual disposition and competence.
3. Any member of the defense force and a civilian citizen drawn from the society who satisfies the criteria to be issued by the Ministry shall receive training that qualifies him for officer service and shall be bestowed upon the rank of SecondLieutenant upon successfully completing the training.
4. Whenever any assignment to a military position is made, the necessary training or education that makes the member of the defense forces qualified for such position shall be given to him.
5. Recruitment for military service as well as promotion for rank and position shall be merit based and it shall ensure the equitable representation of nation, nationalities, people, and women

8. Military Oath

Every recruit, upon completion of the basic military training and before going into service, shall take a military oath.

9. Duties of Members of the Defense Forces

1. protect and defend the sovereignty and territorial integrity of the nation.
2. have the duty to obey and enforce the constitution and the constitutional order.
3. have the duty to observe other laws of the country, military laws, rules, directives and standing orders
4. be obliged to remain in service, even beyond the respective term of service where a standby order is given at a nation-wide level when national security is endangered or during times of war.
5. have the obligation to accept assignments and render services both inside and outside the country, as necessary, in accordance with the relevant regulation.
6. carry out his functions free of any partisanship to any political organizations.

10. Term of Service and Age

1. Every member of the defense forces shall be employed for at least 7 years term of service.
2. Without prejudice to the provision of sub-article (1) of this Article where the member of the defense forces is willing to serve for additional time and the Ministry so agrees, the period of service may be extended.
3. Any member of the Ground Force ranging from Private up to Sergeant or members of the Air Force, Navy, and Special Operations Force having equivalent rank shall not be extended beyond the age of 45 years.
4. Any member of the defense forces shall serve for, at least, 10 years subsequent to becoming an officer; provided, however, that such service may not be extended beyond the following age limits:
   1. 48 years for members of the defense forces with the rank ranging from Second Lieutenant to Captain;
   2. 52 years for members of the defense forces with the rank ranging from Major to Colonel;
   3. 55 years for general officers.
5. Term of Service for members of the Ground Force ranking from Master Sergeant to Chief Warrant Officer and for members of the Air Force ranking from Junior Technician to Chief Warrant Officer, and for members of the Navy and Special Operations Force having equivalent rank shall be 48 years.
6. Where the Ministry finds it necessary:
   1. term of service of a non-commissioned officer with the rank of Master Sergeant and above, its equivalent, and of junior and senior officers may be extended for a period of not more than three years;
   2. Term of service of Brigadier General ,Major General, Lieutenant General or General may be extended twice for a maximum two years .
7. Term of service shall be extended where:
   1. the educational qualification, special knowledge, skill and experience of the officer or the noncommissioned officer is useful for the Ministry;
   2. it is ascertained that the vacancy could not be filled by promotion or internal transfer;
   3. it is ascertained by medical evidence that the officer or the non-commissioned officer is fit for the position or service;
   4. the officer or the non-commissioned officer agrees to the extend the service.
8. powers of extending the terms of military service
   1. Extension of term of service for non-commissioned officers with the rank of Master Sergeant and above, its equivalent, and for junior officers shall be approved by Human Resources Main Department up on the recommendation of Force, Command and Main Department or equivalent unit commanders.
   2. Extension of term of service for Major and Lieutnant Colonel shall be approved by the Chief of the General Staff.
   3. Extension of term of service for Colonel shall be approved by the Council of Defense Commanders.
   4. Extension of term of service for General Officer shall be approved by the Commander-in-Chief of the Armed Forces.

11. Entitlements

1. Any member of the defense forces on active duty shall be entitled, in accordance with the relevant internal regulation and directives of the Ministry, to rations housing, military uniform, Grand uniform, transportation and medical care free of charge.
2. Family members of a member of the defense forces on active duty who have acquired the right of free medical service as well as members of the defense forces who have been discharged from service on the basis of retirement on grounds of injury, ill-health or old age shall have the right of free medical service at public health institutions found in their residential areas in accordance with the agreement to be entered between the federal government and states. The particulars shall be determined by regulation.

12. Incentives for Members of the Defense Force

1. those members of the defense force with critical and scarce skills having more than ten years of service, Colonel and General officer having twenty-five years and above of military service shall be entitled to buy one personal automobile free of duties.
2. The Federal Government shall support any member of the defense force having fifteen years and above of military service towards entitlement to a plot of land in his region’s home town for building a private house.
3. Without prejudice to sub-article (2) of this Article, a General officer who did not get any chance of having a land previously shall be entitled to a plot of land for building a private house in Addis Ababa city.

13. Termination of Military Service

1. The following are reasons for termination of military service:
   1. expiry of his contract of employment;
   2. his death;
   3. If the member has requested discharge before the completion of his contractual term of service, and his request is approved by the organs that have the power to award his rank or position.
   4. a medical board testifying his unfitness for further military service owing to serious illness or bodily injury;
   5. his retirement;
   6. termination of his service because of being taken as war prisoner or because his condition is unknown for a period of not less than six months after he is reported missing amidst a fight with the enemy;
   7. where the Ministry has found it impossible to retain him due to structural change or reform;
   8. his service being confirmed undesirable due to incompetence in the performance of regular military duties, failure in leadership or misconduct;
   9. where criminally convicted by court and sentenced to imprisonment exceeding two years;
   10. where the crime is desertion, treason or any other morally outrageous acts, the service shall be terminated though the imprisonment is less than two years;
   11. Termination pursuant to sub-article 1(j) of this Article, for a rank ranging from Private to Captain shall be made by Force Command, Main Department or an equivalent unit commander; for a senior officer by the Chief of the General Staff and for a General Officer by the Commander in Chief of the Armed Forces.
2. Notwithstanding the provision of paragraph (i) of subarticle (1) of this Article, the respective commanders indicated in sub-article 1 (K) of this article may decide that the convict who has been sentenced to more than two years of imprisonment return to service upon his release, where he has committed the offence while on active duty or to prevent human life or property from danger or he was of good conduct and had served for more than ten years in the defense forces.

14. Compensation for Service and Retirement

1. A member of the defense forces shall, in accordance with the directive to be issued by the Ministry, be entitled to compensation where discharged upon completion of the stipulated seven or ten years service.
2. Where the service of a member of the defense forces is terminated for any reason other than his own motion or fault, before completion of the stipulated term of service he has concluded a contract for, he shall be entitled to fair compensation in accordance with the directive to be issued by the Ministry.
3. The age limits for termination of service specified under sub-articles (3) (4) and (5) Article 10 of this Proclamation shall also be deemed to be retirement age-limits for purposes of the application of pension laws.
4. Where a member becomes permanently unfit for military service or dies due to an injury suffered while on active duty or an occupational disease, the relevant provisions of the public servants pension law shall apply to his entitlements.

15. Leave

Any member of the defense forces shall be entitled to an annual leave and other leaves in accordance with the directive to be issued by the Ministry.

16. Military Discipline

Where any member of the defense forces violates provisions of military laws, regulations, directives or standing orders and the offence committed is so minor that it cannot be brought to a military court the case shall be disposed of in accordance with the defense forces' disciplinary regulation.

17. Complaints

Any member of the defense forces shall have the right to make a complaint and obtain a decision, in accordance with the defence forces' disciplinary regulation, where he has suffered an administrative wrong or is aggrieved by a disciplinary measure taken against him. Every commander shall have the duty to give timely decisions on such complaints.

PART THREE
PROMOTION, SERVICE AND DISCHARGE

18. Ranks

1. The ranks in the Ground Forces shall be as follows:
   1. Lance-Corporal;
   2. Corporal;
   3. Sergeant;
   4. Master Sergeant;
   5. First Sergeant;
   6. Staff Sergeant Major;
   7. Command Sergeant Major;
   8. Junior Warrant Officer;
   9. Senior Warrant Officer;
   10. Master Warrant Officer;
   11. Chief Warrant Officer;
   12. Second-Lieutenant;
   13. Lieutenant;
   14. Captain;
   15. Major
   16. Lieutenant-Colonel,
   17. Colonel;
   18. Brigadier-General;
   19. Major-General;
   20. Lieutenant-General;
   21. General.
2. The ranks in the Air Forces ranging from Junior Warrant Officer to General are similar to those in the Ground Forces.
3. The ranks below that of Junior Warrant Officer in the Air Forces shall be as follows:
   1. Junior Aircraftman;
   2. Senior Aircraftman;
   3. Leading Aircraftman;
   4. Junior Technician;
   5. Senior Technician;
   6. Leading Technician;
   7. Master Technician.

19. Procedure of Promotion

1. Where there is vacancy for promotion, a member of the defense forces shall be promoted in rank on the basis of excellence in the performance of military duties, the observance of discipline and in qualities of leadership and in accordance with a directive on promotions to be issued by the Ministry.
2. Promotions shall be given in the following manner:
   1. Based upon the direction given by the Chief of the General Staff; promotions ranging within the Ground Forces, from Lance-Corporal up to Chief Warrant Officer and equivalent; and within the Air Force, from Junior Aircraftsman up to Chief Warrant Officer, shall be awarded by the respective Force, Command, Main Department or by a commander of equivalent unit.
   2. Promotions ranging from Second Lieutenant to Major shall be given by the Chief of the General Staff;
   3. Promotions to Lieutenant Colonel and Colonel shall be given by the Council of Defense Commanders;
   4. upon recommendation by the Commander-in-Chief of the Armed Forces, promotion of a General Officer shall be given by the Head of State.

20. Obligatory Service

1. Any member of the defense forces having received the benefit of specialized training or schooling shall, subsequent to its completion, have the obligation to serve for double the period the training or schooling took for completion.
2. Without prejudice to the provision of sub- article (1) of this Article, given the special nature of the professions as well as the high cost incurred to acquire the skills involved, the time of service for a specialist doctor, a pilot, an anesthetist, a radiologist, a surgeon, an aircraft or strategic instruments technician, members of the Navy, Special Force and of the Air borne, Space and Cyber specialists shall be determined by the directive to be issued by the Ministry.

21. Power to Discharge from Military Service

1. Decisions on discharge from military service shall be made by the authorities empowered to give promotions under paragraphs (a), (b), (c) and (d) of Article 19 (2) of this Proclamation.
2. The case of a General officer set for a discharge before the age of retirement due to structural change, reform, incompetence or other similar reasons shall be submitted by the Council of Defense Commanders and decided by the Commander-in-Chief of the Armed Forces.
3. Where it finds necessary, the Council of Defense Commanders shall call upon and hear any member of the defense force before a final decision is reached under sub-article (1) or (2) of this Article.

22. Transfer to Another Government Office

1. Where the Government finds it necessary to assign on leadership position, a member of the defense force may be transferred permanently to another Government organization or public enterprise.
2. Where the Ministry find it necessary and where the recipient Government organization or Public enterprise and the transferee so agrees, a member of the defense force may be transferred permanently to another government organization or Public enterprise.
3. Where the government or the Ministry finds it necessary, a member of a defense force may transferred temporarily to another government organization or public enterprise.
4. The rights and duties of any member of the defense force who has been transferred permanently to another government organization or public enterprise shall be governed by the laws that govern the government organization or public enterprise he has been transferred to.

PART FOUR
POWERS AND DUTIES OF THE MINISTER, CHIEF OF THE GENERAL STAFF AND COUNCIL OF DEFENSE COMMANDERS

23. Powers and Duties of the Minister

1. ascertain that the defense forces are loyal to, and stand firm in upholding the Constitution;
2. submit and secure decisions on matters of defense which need to be deliberated upon and decided by the Council of Ministers;
3. initiate laws, policies and strategies governing the defense forces and ensure their implementation upon approval;
4. prepare and submit the annual budget of the Ministry to the concerned government organ and supervise implementation of same upon approval;
5. supervise public enterprises placed under the supervisory authority of the Ministry and defense forces’ foundations and ensure that they are fulfilling their responsibilities provided under their establishment laws;
6. engage in relationships in respect of defense matters with foreign governments and governmental and non-governmental offices and organizations;
7. coordinate nation-wide mobilization campaigns based on government decision.
8. organize and direct higher education and research institutions that shall build and enhance the capabilities and capacities of the defense forces;
9. ensure that the resources of the Ministry are utilized to accomplish intended purposes.

24. Powers and Duties of the Chief of the General Staff

1. lead the Headquarters of the Armed Forces, preside over the meetings of the Council of Defense Commanders, coordinate its activities and supervise implementation of its decisions;
2. protect the territorial integrity and sovereignty of the country, execute a state of emergency law, in the event of violations of peace and security beyond the power of regional states, work out a plan for getting the situation under control and implement same upon approval;
3. organize the National Defense Forces in line with decisions by the government;
4. ensure that the Armed Forces are combat-ready at all times;
5. command the Armed Forces and direct military operations, subject to the directive and decision of the Commander-in-Chief of the Armed Forces;
6. advise the Commander-in-Chief of the Armed Forces and the Minister on military matters.

25. Powers and Duties of the Deputy Chief of the General Staff

1. act on behalf of the Chief of the General Staff in the event of his absence;
2. lead departments organized under him;
3. perform other duties assigned to him by the Chief of the General Staff.

26. Powers and Duties of the Council of Defense Commanders

1. deliberate and advise on military operational, strategic and organizational matters; and deliberate and approve annual defense plan.
2. examine and submit the budget requirements of the defense forces for decision by the relevant organs;
3. make recommendations regarding strategic defense procurement requirements;
4. nominate officers for promotion to the ranks of Birgadier General and Major General, and present them for approval;
5. approve the promotion of the ranks of Lieutenant Colonel and Colonel upon examining their performance;
6. approve discharge from service before the retirement age of officers with the rank of Lieutenant Colonel and Colonel where the discharge is conducted due to incompetence,
7. examine and submit for decision by the relevant organs the case for discharge from service, before retirement age of a General Officer where the discharge is due to incompetence, structural change, reform or any other similar reasons;
8. examine the nomination of judges for the Primary Military Court upon the recommendation of the Chief of the General Staff, and approve their appointment;
9. advises the Chief of the General Staff on military matters.

27. Members of the Council of Defense Commanders

1. The Council of Defense Commanders shall have the following members:
   1. Chief of the General Staff (Chairperson)
   2. Deputy Chief of the General Staff (Member)
   3. Force Commanders (Member)
   4. Command Commanders (Member)
   5. Main Department Chiefs (Member)
   6. Inspector-General (Member)
2. where it is deemed necessary for the purpose, the Chief of the General Staff may summon additional commanders of the various units of the defense force to attend without vote at a meeting of the Council of Defense Commanders.

PART FIVE
MILITARY JUSTICE ORGANS

28. Establishment

1. Military Police;
2. Military Prosecutor;
3. Military Courts; and
4. Military Defense Counsel.

29. Power and Duties of the Military Police

1. prevent the commission of crimes in the defense forces;
2. maintain order and security in and around military camps and offices;
3. administer military correctional and detention sites and rehabilitate inmates;
4. investigate crimes, when committed, in accordance with the law;
5. execute and enforce decisions and orders of military or regular courts and of commanders.

30. Reporting

1. Any member of the defense forces shall have the obligation to report the commission of a military offence to an immediate leadership or to the nearest military or regular police or prosecutor.
2. A victim of a crime falling under the jurisdiction of a military court may lodge a charge himself before the military court where the military prosecutor fails to do so.
3. A commander, investigator or prosecutor to whom a crime is reported under sub-article (1) of this Article shall carry out his duties within reasonable time and in accordance with the relevant Criminal Procedure Code and this Proclamation.

31. Arresting a Suspect

1. Any member of the defense forces who has arrested a suspect in accordance with the provisions of the Criminal Procedure Code and of this Proclamation shall report to the nearest military unit leadership within a reasonable time.
2. The commander who received the report under subarticle (1) of this Article shall hand the suspect to the military investigator or regular police within a reasonable time and in accordance with the law.
3. Where there is sufficient ground for suspicion of an imminent and dangerous act of crime or threat to security in military camps, offices or barracks, commanders at all levels may conduct an arrest or a search.
4. arrest or search made in accordance with sub article (3) of this article, shall be reported to the relevant organ, and the suspect shall be brought to a court of law, or the property seized shall be handed over to the regular police within forty-eight hours excluding the time for transportation.

32. Investigation

1. where crime has been committed, or there is a tip-off or sufficient ground for suspicion that it has been committed, a military investigator, a regiment commander, or a battalion commander, and above shall investigate or order the investigation of the crime.
2. where disagreement arises regarding the initiation or discontinuation of the investigation between the investigator and the commander, the stalemate shall be resolved by the final decision of the next higherranking commander. The commander making the final decision shall provide the crime investigation unit with a written report of the decision reached regarding the initiation or discontinuation of the investigation and related matters.
3. Where the decision of the commander to withdraw investigation is found illegal, he shall be liable.
4. Where a crime falling under the jurisdiction of a military court is committed, intensive and impartial investigation shall be carried out in accordance with the relevant provisions of the Criminal Procedure Code and this Proclamation.
5. Any crime falling under the jurisdiction of a military court shall be investigated by military crimes investigation department organized at every level, or by a specially organized investigation team, or by the regular police.
6. Where crimes falling under the jurisdiction of the regular police or regular courts are committed in military camps or military holdings as stated under sub-article (1) of this Article, the commanders or military investigators shall gather evidence which could be easily lost and carry out preliminary investigation and submit the finding to the concerned regular police.

33. Execution of Sentence

1. Any sentence of imprisonment passed by a military court may be served in military or civilian prisons, as the case may be.
2. Issues relating to the transfer, pardon or amnesty and such other related rights of inmates shall be entertained by civil or military prisons where the inmate is located.

34. Power and Duty of Military Prosecutor

1. institute criminal charges on any criminal matters falling under the jurisdiction of military courts;
2. report to and consult the concerned commander where he decides to institute a criminal charge;
3. direct criminal investigations.

35. Power to Withdraw Criminal Charges on Military Offence

1. The Minister may order the withdrawal of a criminal charge on military offence specified in the Criminal Code falling under the jurisdiction of military courts if the following conditions are met:
   1. where the accused regretted for the commission of the military offence he has committed;
   2. where it is assessed that withdrawal of the charge would not result in serious damage to the institution and the nation and it is believed that the accused would become a good citizen and contribute positively to the institution or the nation;
   3. where the accused was previously of good character and has no previous criminal record; and
   4. where the accused compensated in cash or in kind or in service for the offence which was committed on the property or money of the institution, or made a binding commitment to provide such compensation.
2. where the military criminal charge was brought concurrently with ordinary criminal charge the order for withdrawal shall only apply to the military criminal charge.
3. any decision to withdraw a military criminal charge shall not have acceptability unless it is made in writing and the reasons thereof are stated.

36. Military Defense Counsel

1. A military defense counsel shall render advocacy service to persons accused of military offences.
2. A military defense counsel shall render advocacy service in the appellate and cassation courts if he has stood in the primary court representing an accused.
3. If a member of the defense forces or a civil employee of the Ministry is brought before a federal or regional state court in connection with a crime committed while carrying out a military or public duty, the Ministry shall provide him with a defense counsel.
4. A person charged with an offence before a military court shall have the right to be represented by legal counsel of his own choice.
5. Notwithstanding the provisions of sub-article (4) of this Article, for the purpose of keeping confidential information relating to national security, the court may decide that the defense counsel be chosen from among the members of the defense forces.

37. Hierarchy of Military Courts

1. the Primary Military Court; and
2. the Appellate Military Court.

38. Jurisdiction of Primary Military Court

1. The Primary Military Court shall have jurisdiction over the following matters:
   1. persons responsible for military offences provided from Article 284 to Article 322 of the Criminal Code;
   2. offences of murder or bodily assault resulting bodily injury, committed among members of the defense force;
   3. any offence committed at home by a member of the defense forces while on active combat duty;
   4. any offence committed by a member of the defense forces or a civilian on mission along with a section of an army deployed abroad while on task or active combat duty;
   5. any offence committed by civilians, members of the regular police force or militia deployed along with members of the defense forces on grounds of general mobilization or the declaration of a state of war;
   6. any offence committed by prisoner of war after being captured;
   7. offences falling under the jurisdiction of military courts committed by recruits after entering into training camps or members of national reserve force after entering into military training camps or joining the regular defense forces;
   8. Cases involving whether or not persons captivated during a time of war are prisoners of war or not .
2. If part of the offences an accused is charged with falls under the jurisdiction of a military court and a part thereof under the jurisdiction of a regular court, all charges shall be brought before the court having jurisdiction over the offence entailing the highest penalty.

39. Jurisdiction of an Appellate Military Court

1. The Appellate Military Court shall have appellate jurisdiction on cases disposed of by the Primary Military Court.
2. The Appellate Military Court shall have the power to confirm, vary or reverse the decision of the Primary Military Court.

40. Power of the Federal Supreme Court

The Federal Supreme Court shall have power of cassation over any final decision of military court which contains a basic error of law.

41. Execution of Decisions, Orders and Rulings of Military Courts

Decisions, orders and rulings rendered by military courts in relation to their jurisdiction shall bind every person. The military courts shall have the power to punish, in accordance with the law, any person or organ that disobeys same.

42. Execution of Death Sentence

A death sentence may not be executed unless approved by the Head of State. Death sentence may not be executed prior to ascertaining that it has not been commuted by pardon or amnesty.

43. Procedural Laws to be Applied by Military Courts

1. Military courts shall in disposing of cases apply the Criminal Procedure Code.
2. Where in rendering decision judges of military courts have differences of opinion, the matter shall be decided by majority vote.

44. Appointment, Term of Office and Removal of Military Court Judges

1. An officer rendering military service and having legal skills or any civilian serving as a judge in regular courts may be appointed as judge of a military court.
2. Primary Military Court judges shall be appointed by the Council of Defense Commanders upon the recommendation of the Chief of the General Staff.
3. Appellate Military Court judges shall be appointed by the Commander-in-Chief of the Armed Forces upon the recommendation of the Minister.
4. Term of office of judges of the Primary Military Court as well as the Appellate Military Court shall be five years.
5. Judges shall be removed from office where they are unable to carry out their duties due to illness or where they are found guilty of a disciplinary or criminal offence.
6. Judges shall be removed from office by the organ which appointed them.
7. Notwithstanding the provisions of sub-article (5) and (6) of this Article, any judge who is a member of the defense forces is needed for another assignment, he may be removed from office before the expiry of his term of office by the order of the Chief of the General Staff upon notifying the organ which appointed him.

45. Sitting at Military Courts

1. The case of an accused person whose offence is punishable by a simple imprisonment not exceeding three years may be tried by one judge.
2. The case of an accused person whose offence is punishable by a rigorous imprisonment exceeding three years or deciding on the legal status of prisoners of wars shall be tried by not less than three judges.
3. The number of judges sitting at the Appellate Military Court may not be less than three and the presiding judge shall be a civilian.
4. Notwithstanding to the provisions of sub-article (2) and (3) of this Article, the following issues may be carried out by one judge even if the number of judges to sit at a particular bench is not met:
   1. ascertaining the legal adequacy of a charge;
   2. adjourning a session or a case where evidences of the parties are not produced on sufficient grounds;
   3. giving orders for the arrest and appearance of an accused or a witness who failed to appear having been summoned or giving the appropriate order where the non appearance is due to failure in serving the summon;
   4. order of re-adjourning a case that adjourned for examination but the examination is not completed.
5. Notwithstanding to the provisions of sub-article (2) and (3) of this Article, the following issues may be carried out by two judges even if the number of judges to sit at a particular bench is not met:
   1. giving the appropriate order on objection to a charge or on application for bail;
   2. hearing a petition of appeal;
   3. reading a judgment rendered by three judges to the parties.
6. Among the judges sitting at a Primary Military Court at least the presiding judge shall have higher or equivalent rank with that of the accused person.
7. Where there is no equivalent rank with that of the accused person, the presiding judge shall be assigned by the Commander-in-Chief of the Armed Forces.

46. Withdrawal of Judges

1. A judge shall not sit in a case where he is related by consanguinity or affinity with one of the parties or the advocate thereof or where he believes that there is any other reason that prohibits him from rendering a fair decision or an application requesting removal is brought against him for any other reason and the application is accepted.
2. A judge may not sit in a case where the accused is a member of the unit he directs or otherwise knows the case in advance.
3. An application for removal of a judge shall be brought before the trial opens or soon after the party becomes aware of the reason for making such an application.
4. The judge against him an application for removal is made, shall withdraw where he found the application acceptable, or shall refer the matter for decision to other judges where he found the application unacceptable.
5. The remaining judges shall decide on the application without the participation of the judge against whom the application for removal is made.

47. Independence of the Judiciary

1. Military courts and judges shall carry out their duties independent of any influence from any governmental body or official, non-governmental or private organizations, or any person.
2. A judicial disciplinary committee of military court composed of two judges from military courts, two judges from regular courts and one member from commanders shall be established with the power to follow up and monitor the discipline, performance, accountability and independence of military courts and judges.
3. The judicial disciplinary committee of military courts shall be established by the Commander-inChief of the Armed Forces upon the recommendation of the Minister.
4. When an application or complaint alleging disciplinary offence against a judge is submitted to the judicial disciplinary committee of military courts, the committee shall investigate the matter and submit its result to the organ having the power to appoint the judge
5. The judicial disciplinary committee of military courts shall evaluate the performance of military court judges and propose its recommendation theron.
6. The judicial disciplinary committee of military court shall draw up its own directive to enable it to carry out its responsibilities.

PART SIX
MEDALS, RIBBON AND CERTIFICATE AND PRIVILEGES OF AWARDEES

48. Medals, Ribbon and Certificate

1. The following are medals, ribbon and certificate to the bestowed upon members of the defense forces:
   1. the Medal of the Victory of Adwa;
   2. the Medal of Heroism First Rank;
   3. the Medal of Heroism Second Rank;
   4. the Medal of Heroism Third Rank;
   5. the Medal with Palm Leaf for Participation in the Armed Struggle;
   6. he Medal without Palm Leaf for Participation in the Armed Struggle;
   7. the Medal of Distinguished Labor;
   8. the Medal of Military Service First Rank;
   9. the Medal of Military Service Second Rank;
   10. the Medal of Military Service Third Rank;
   11. the Medal of International Peace Keeping;
   12. the Medal of the Wounded;
   13. the Military Service Ribbon;
   14. Combat Certificate
2. The dimension, shape and contents of the medals, ribbon and certificate specified under sub-article (1) of this Article shall be determined by regulation of the Council of Ministers.

49. The Medal of the Victory of Adwa

1. The Medal of the Victory of Adwa is the highest award that is bestowed to an Ethiopian individual, military unit or group that has performed unparalleled feats of bravery in the battlefield.
2. An awardee of the Medal of the Victory of Adwa:
   1. shall take a seat in the place reserved for high government officials during national holiday ceremony;
   2. shall receive a special identity card autographed by the Head of the State;
   3. may have at his birth place a school, a hospital, an avenue, a public square or any other similar memorial named after him.
3. A school, a hospital, an avenue, a bridge, a public square or any other similar memorial in the federal capital city may be named after an individual who has been awarded the Medal of the Victory of Adwa for the second time. In addition a statue may be erected for the awardee.
4. A military unit or group awarded with the Medal of the Victory of Adwa shall be entitled to receive a special certificate autographed by the Head of State.
5. The provision of sub-article (2)(c) and sub-article (3) of this Article shall apply to military unit and group, with birth place substituted by the place where the heroic deed was performed.

50. The Medal of Heroism First Rank

1. The Medal of Heroism First Rank is an award that may be bestowed upon an Ethiopian individual, military unit or group that has, beyond the call of ordinary duty, achieved outstandingly honorable feats of bravery in a battlefield.
2. An awardee of the Medal of Heroism First Rank shall:
   1. Take a seat in the place reserved for high government officials during national holiday ceremony;
   2. Receive a special identity card autographed by the Commander-in-Chief of the Armed Forces.
3. A school, a hospital, an avenue, a public square or any other similar memorial in his birth place may be named after an individual who has been awarded the Medal of Heroism First Rank for the second time.
4. A school, a hospital, an avenue, a public square or other similar memorial in the federal capital city may be named after an individual who has been awarded the Medal of Heroism First Rank for the third time or the Medal of Heroism First Rank and the Medal of the Victory of Adwa.
5. A special certificate autographed by the Commanderin-Chief of the Armed Forces shall be given to a military unit or group awarded with the Medal of Heroism First Rank.
6. The provisions of sub-article (3) and (4) of this Article shall be applicable to a military unit and group, with birth place substituted by the place where the heroic deed was performed.

51. The Medal of Heroism Second Rank

1. The Medal of Heroism Second Rank is an award that is bestowed to an Ethiopian individual, military unit or group that has, beyond the call of ordinary duty, achieved very honorable feats of bravery in a battlefield.
2. An awardee of the Medal of Heroism Second Rank shall:
   1. take a seat in the place reserved for high government officials during national holiday ceremony;
   2. receive a special identity card autographed by the General Chief of Staff.
3. A military unit or group awarded with the Medal of Heroism Second Rank shall be entitled to receive a special certificate autographed by the Chief of the General Staff.

52. The Medal of Heroism Third Rank

1. The Medal of Heroism Third Rank is an award that is bestowed to an Ethiopian individual, military unit or group that has, beyond the call of ordinary duty, achieved honorable feats of bravery in the battlefield.
2. An awardee of the Medal of Heroism Third Rank shall be entitled to receive a special identity card autographed by the Chief of the General Staff.
3. An awardee of the Medal of Heroism Third Rank for the second or more time shall take a seat specifically reserved for him during national holiday ceremony.
4. A military unit or group awarded with the Medal of Heroism Third Rank shall be entitled to receive a special certificate autographed by the Chief of the General Staff.

53. The Medal with Palm Leaf for Participation in the Armed Struggle

1. The Medal with Palm Leaf for Participation in the Armed Struggle is awarded to all fighters who served for not less than ten years in the struggle from1975 to May 28, 1991 to remove the Derg (Workers’ Party of Ethiopia) regime and establish peace and democracy in Ethiopia.
2. An awardee of the Medal with Palm Leaf for Participation in the Armed Struggle shall receive a special identity card autographed by the Chief of the General Staff.

54. The Medal without Palm Leaf for Participation in the Armed Struggle

1. The Medal without Palm Leaf for Participation in the Armed Struggle is awarded to all fighters who served for less than ten years in the struggle from 1975 to May 28, 1991 to remove the Derg (Workers’ Party of Ethiopia) regime and establish peace and democracy in Ethiopia.
2. An awardee of the Medal without Palm Leaf for Participation in the Armed Struggle shall receive a special identity card autographed by the Chief of the General Staff.

55. The Medal of Distinguished Labor

1. The Medal of Distinguished Labor is an award that is bestowed to a person, military unit or group that has through mental labor or by way of invention or in any other field scored distinguished and unparalleled achievement for the mission of the defense forces.
2. An awardee of the Medal of Distinguished Labor shall:
   1. take a seat in the place reserved for high government officials during national holiday ceremony;
   2. receive a special identity card autographed by the Minister.
3. A military unit or group awarded with the Medal of Distinguished Labor shall be entitled to receive a special certificate autographed by the Minister.

56. The Medal of Military Service

1. the Medal of Military Service First Rank for a member who has served in the defense forces for not less than twenty five years;
2. the Medal of Military Service Second Rank for a member of the defense forces who has served for not less than fifteen years in the defense forces;
3. the Medal of Military Service Third Rank for a member of the defense forces who has served for not less than ten years in the defense forces.

57. Certificate of Peace Keeping

1. Members of the defense forces who have participated in peace-keeping or peacemaking missions abroad mandated by the United Nations or the African Union or as per military cooperation agreements with allied nations for more than 90 days shall receive a special certificate autographed by the Chief of the General Staff where they are not awarded with a peace keeping medal or certificate by the mission that deployed them.
2. Notwithstanding to the provision of sub-article (1) of this Article a special certificate autographed by the Chief of the General Staff shall be given to members of the defense forces who have participated for more than 90 days in military duty carried out abroad mandated by Ethiopia.

58. The Medal of the Wounded

1. The medal of the wounded is an award that is bestowed to a person who has been wounded in a battlefield.
2. An awardee of the Medal of the Wounded shall be entitled to receive a special identity card autographed by a divisional or corps commander or by an officer of equivalent rank.

59. Military Service Ribbon

The Military Service Ribbon is awarded to members of the defense forces for every 5 years of service given in loyalty to the Constitution.

60. Combat Certificate

Combat Certificate is an award to be given to a person or military unit or group having participated in a military campaign initiated and proclaimed by the government.

61. Additional Privileges of the Medal Awardees

1. receive free medical treatment in public hospitals and health centers;
2. be given priority to pursue education in public educational institutions;
3. be given priority to employment where his qualification satisfies the job descriptions required by government offices, organizations and institutions for a given position.

62. Posthumous Award of Medals

1. The appropriate medal shall be registered in the name of a person who dies after having accomplished a feat worthy of medal award.
2. Without prejudice to the provision of sub-article (1) of this Article the medal shall be given to his elder descendant; in the absence of a descendant to his spouse; in the absence of a spouse to his heir in accordance with the relevant law of succession.

63. Receiving Foreign Medals or Other Prizes

Any member of the defense forces shall not receive medal or other prize from foreign country without permission from the Ministry. However, this provision does not prohibit receiving a medal or prize awarded for participating in peace keeping mission.

64. Forfeiture of Medals, Ribbon and Certificate

1. it is discovered that the medal, ribbon or certificate was bestowed upon the awardee on the basis of wrong evidence; or
2. such an awardee has been found guilty, by a court, of offences provided from Article 246 to Article 252 of the Criminal Code

65. Rank of Medals

The order of rank of medals shall be in accordance with the order of lists provided under Article 50(1) of this Proclamation.

66. Award and Wearing of Medals and Ribbons

The award and wearing of medals and ribbons provided under this Proclamation and the details of implementation criteria shall be determined by a directive to be issued by the Council of Ministers.

67. Medals Entitling Monetary or in Kind Awards

1. the Medal of the Victory of Adwa;
2. the Medal of Heroism First Rank;
3. the Medal of Heroism Second Rank;
4. the Medal of Heroism Third Rank;
5. the Medal of Distinguished Labor.

68. Type of the Award and Beneficiaries

1. A monetary award to an individual or a group shall be given in whole to the awardee himself if surviving or to his heir if deceased.
2. An award to a military unit shall be in kind and utilization thereof shall be determined by the directive of the Ministry.
3. The amount of monetary award to each medal shall be determined by directive of the Ministry.
4. Without prejudice to the provisions from sub-article (1) to (3) of this Article, an awardee of a medal of higher rank in accordance with this Proclamation shall be entitled to higher monetary award.

PART SEVEN
MISCELLANEOUS PROVISIONS

69. Budget

1. The annual budget of the Ministry shall be allocated by the government.
2. Notwithstanding to the provision of sub-article (1) of this Article, the Ministry may utilize the following revenues for purposes of building defense capacity upon obtaining the approval of the Prime Minister:
   1. revenue generated by engaging idle facilities of defense institutions in peace times, in income generating activities;
   2. the proceeds of disposal of properties which are no more required for defense purposes;
   3. dividends from enterprises put under its supervisory authority; and
   4. revenues generated from peace keeping deployments.
3. The Ministry shall ensure that the procedures and standards provided in the federal government financial administration laws are complied with in respect of the administration of the budget and revenues referred to in sub-article (1) and (2) of this Article and cause the auditing of same by the Auditor General or an auditor designated by him.

70. Procurement and Property Administration

1. The Ministry shall, by itself, procure, administer and dispose property in accordance with the federal government procurement and property administration laws.
2. The Ministry may import equipments and weapons intended for national defense purposes free of customs duties and tax.
3. The Ministry may not be required to present customs declaration and documents to be attached thereto with respect to equipments and weapons referred to in subarticle (2) of this Article, to present the equipments and weapons for inspection and documents for examination.

71. Books of Accounts

1. The Ministry shall keep complete and accurate books of accounts.
2. Without prejudice to the provision of Article 73(3) of this Proclamation the books of accounts and financial documents of the Ministry shall be audited by internal auditor.
3. documents regarding military weapons and combat equipment procurement books of accounts, and payment documents for intelligence which are designated as top secret for the purpose of defending national interest and security by the Prime Minister upon the recommendation of the Minister and the Chief of the General Staff, may not be disclosed to anybody.

72. Power to Issue Regulation and Directive

1. The Council of Ministers may issue regulation necessary for the implementation of this Proclamation.
2. Without prejudice to Article 25 and Article 26 of this Proclamation, the Commander-in-Chief of the Armed Forces shall issue detailed directive on the respective powers and duties of the Minister and the Chief of the General Staff.
3. Without prejudice to the provision of sub-article (1) of this Article, the Ministry may issue directive necessary for the implementation of this Proclamation.

73. Duty to Cooperate

1. All federal justice organs, including the Federal Supreme Court, the Attorney General, the Federal Police Commission and the Federal Prisons Administration, shall, in their respective field of assignment, have the responsibility of cooperating with, and building the capacity of the military justice organs and supporting and making them take part in the various justice sector reform programs.
2. All the federal and regional state executive organs shall have the obligation to cooperate on matters covered under this Proclamation.

74. Repealed Law

The Defense Force Proclamation No.809/2013 is hereby repealed.

75. Effective Date

This Proclamation shall enter into force on the date of publication in the Federal Negarit Gazette.

Done at Addis Ababa, this 19th day of January , 2019.
SAHLEWORK ZEWDE
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA