Won kidane, civil liability for violations of international humanitarian law. Commission shall be made by a majority of the commissioners. The commission has decided that claims may be filed in the following six categories. But did ethiopia and eritrea really fight over the. The commission s mandate temporal scope of jurisdiction under article 51 of the agreement of december 12, 2000 the agreement, the commission has jurisdiction over all claims for loss, damage or injury by one government against the other. The damage awards of the eritreaethiopia claims commission. Eritreaethiopia, awards on occupation how does law protect. It also provided the setting for a multitude of violations of humanitarian and human rights laws that were brought before the eritreaethiopia claims commission. Jul 01, 2003 partial award prisoners of war ethiopias claim 4 between the federal democratic republic of ethiopia and the state of eritrea by the claims commission, composed of.
Under the autocratic rule of ethiopian emperor haile selassie, eritreas autonomy was eroded and in 1962 its status. The peace agreement signed between ethiopia and eritrea in. This statement is issued by the eritreaethiopia boundary commission the commission following its meeting in private session in the hague on 20 november 2006 to consider the further procedures to be followed in connection with the demarcation of the boundary between. The commissions mandate temporal scope of jurisdiction under article 51 of the agreement of december 12, 2000 the agreement, the commission has jurisdiction over all claims for loss, damage or injury by one government against the other. Bbc news africa eritrea, ethiopia make border claims. The ethioeritrea claims commission on use of force. All claims submitted to the commission shall be filed no later than one year from the effective date of this agreement. Icj case ethiopia v eritrea by teimun newsletter issuu. For my comments, i will focus on the experience of the eritreaethiopia claims commission, before which i appeared on behalf of the government of ethiopia from 2001 to 2008. Eritrea asks the commission to find ethiopia liable for loss, damage and injury suffered by the claimant, including loss, damage and injury suffered by eritrean nationals and persons of eritrean national origin and agents, as a result of alleged infractions of international law occurring during the 19982000 international armed conflict between. The experience of the eritreaethiopia claims commission by. The commissions mandate temporal scope of jurisdiction under article 51 of the agreement of december 12, 2000 the agreement, the commission has jurisdiction over all claims for loss, damage or. Aug 18, 2009 the eritreaethiopia claims commission was established and operates pursuant to article 5 of the agreement signed in algiers on december 12, 2000 between the governments of the state of eritrea and the federal democratic republic of ethiopia the december agreement. In the absence of effective rebuttal by eritrea, the commission finds eritrea liable for permitting unnecessary suffering of pows during transfer between camps.
Ethiopia and eritrea disputed nearly threefourths of the border defined by the commission, and the town of badme in the west became a major flash point. After eritrea became independent in 1993, the state of eritrea eritrea and the federal democratic republic of ethiopia ethiopia entered into discussions and arrangements regarding the rights and obligations of the previously unitary state of ethiopia. One of ethiopias claims was that eritrea initiated the armed conflict by an illegal use of force. Eritreaethiopia, partial award on pows how does law. Romesh weeramantry in its seven partial awards and two final awards issued on 19 december 2005, the eritrea ethiopia claims commission1 has produced a significant body of case law on the subject of international armed conflict. Eritrea was found to have triggered the war by attacking ethiopian troops around badme, according to a 2005 ruling by the eritreaethiopia claims commission, a body based in the hague that was. Uganda and the decision of the eritreaethiopia claims commission. Apr, 2002 the eritrea ethiopia boundary commission delivered its decision on delimitation of the border between eritrea and ethiopia to representatives of the two governments on saturday, april, 2002. In the agreement, the two parties reaffirmed the agreement on cessation of hostilities, which had.
The 19982000 border war represents the highest point in the current eritreaethiopia conflict. Partial award prisoners of war ethiopias claim 4 between the federal democratic republic of ethiopia and the state of eritrea by the claims commission, composed of. Yesterday, the eritrea ethiopia claims commission awarded final damage awards for the fifteen partial and final awards on liability it rendered between july 1, 2003 and december 19, 2005. Yesterday, the eritreaethiopia claims commission awarded final damage awards for the fifteen partial and final awards on liability it rendered between july 1, 2003 and december 19, 2005. Partial award prisoners of war ethiopia s claim 4 between the federal democratic republic of ethiopia and the state of eritrea by the claims commission, composed of. If the inline pdf is not rendering correctly, you can download the pdf file here. On august 17, 2009, the eritreaethiopia claims commission issued its final awards on the claims of the two sides for injury and loss suffered during their 19982000 conflict. Eritreaethiopia claims commission eritrea real clear. Noting that article 5, paragraph 1, of the agreement of 12 december 2000 requires the commission to entertain all claims for loss, damage or injury that are related to the conflict and result from violations of international humanitarian law, the commission decided that the parties may file claims on behalf of an individual national in more than one of the categories 15 in the mass claims. Eritreaethiopia claims commission awards final damages. In may 1998, hostilities between ethiopia and eritrea led to a large scale war that began when eritrean forces occupied the border town o. Why eritreas border with ethiopia is a conflict zone.
The eritreaethiopia claims commission oversteps its. Asil insight september 4, 2009 eritreaethiopia claims. Claims shall be submitted to the commission by each of the parties on its own behalf and on behalf of its nationals, including both natural and juridical persons. The eritreaethiopia claims commission was established and operates pursuant to article 5 of the agreement signed in algiers on december 12, 2000 between the governments of the state of eritrea and the federal democratic republic of ethiopia the december agreement. Paul lucy reed the hague, december 19, 2005 partial awardjus ad bellum ethiopia s claims 18 between the claimant. The border commission charged with deciding on the border between ethiopia and eritrea is due to finish two weeks of hearings on friday.
By a letter dated 7 june 2002 eritrea requested that the commission adopt an interim order. Eritrea reportedly said its relation with neighboring ethiopia can be amended providing its long time foe honors international obligations by withdrawing from occupied territories. In december 2005, the eritrea ethiopia claims commission eecc rules meanwhile that eritrea violated international law when it invaded badme in 1998, at the start of the conflict. The eritreaethiopia claims commission is to decide all claims for loss, damage or injury by one government against the other, and by nationals of one party against the government of the other party or entities owned or controlled by the other party that are related to the border conflict. The eritreaethiopia boundary commission delivered its decision on delimitation of the border between eritrea and ethiopia to representatives of. Eritreaethiopia boundary commissions 2002 delimitation decision, already under challenge by ethiopia, at a time of increasing tension along the border. Roots of the conflict between ethiopia and eritrea involve more than a poorly demarcated 1,000 km border. The recent decision by the eritreaethiopia claims commission on the ius ad bellum claims of ethiopia that eritrea had violated the law on the use of force in starting the 19982000 war between the two states is a troubling one.
Eritrea was found to have triggered the war by attacking ethiopian troops around badme, according to a 2005 ruling by the eritrea ethiopia claims commission, a body based in the hague that was. Ethiopia vows to give disputed badme town to eritrea voice. On august 17, 2009, the eritrea ethiopia claims commission issued its final awards on the claims of the two sides for injury and loss suffered during their 19982000 conflict. Er17 has been brought to the commission by the claimant, the state of eritrea eritrea, pursuant to article 5 of the agreement between the government of the federal democratic republic of ethiopia and the. The conflict also stems from disputes between the two sides over economic and political affairs, such as foreign policy and trade, dating from eritreas succession from ethiopia. Eritrea says relation with ethiopia can be amended madote. In appropriate cases, each party may file claims on behalf of persons of eritreans or ethiopian origin who may not be its nationals.
In 1991, while eritrea was still a part of ethiopia, both. You can access the damages decisions for eritrea here, and those for ethiopia here. The border commission was established following the peace agreement between the two countries signed in algiers in december 2000. Under the autocratic rule of ethiopian emperor haile selassie, eritrea s autonomy was eroded and in 1962 its status.
Between 1998 and 2000, the parties waged a costly, largescale international armed conflict along several areas of their common frontier. Eritreaethiopia claims commission, partial award western. Category 1 claims of natural persons for unlawful expulsion from the country of their residence. Eritreaethiopia boundary commission decision regarding. The notion of armed attack in the nicaragua judgment and. Ethiopia, unlike eritrea, brought separate claims for alleged violations of customary international law requirements following the death of a pow. Matheson background in may 1998 an armed conflict broke out between eritrea and ethiopia that extended over two years and caused substantial loss of life, personal injury and economic damage. Eritreaethiopia claims commission, final award, pensions. Pdf the eritreaethiopia claims commission and customary. Aug 17, 2009 final award eritreas damages claims 1 i. Mass civil injury and the eritreaethiopia claims commission terrorism and global justice murphy, sean d.
Dec 12, 2000 noting that article 5, paragraph 1, of the agreement of 12 december 2000 requires the commission to entertain all claims for loss, damage or injury that are related to the conflict and result from violations of international humanitarian law, the commission decided that the parties may file claims on behalf of an individual national in more than one of the categories 15 in the mass claims. On 19 december 2005 the eritreaethiopia claims commission decided on ethiopia s claims that eritrea had violated the rules of international law on the use of force in its partial award on the ius ad bellum claims of ethiopia. Paul lucy reed the hague, december 19, 2005 partial awardjus ad bellumethiopias claims 18 between the claimant. It raises questions about the proper role of arbitral tribunals in such cases.
Such claims shall be considered by the commission on the same basis as claims submitted on behalf of that partys nationals. Eritreaethiopia claims commission the eritreaethiopia claims commission the commission was established and operates pursuant to article 5 of the agreement signed in algiers on 12 december 2000 between the governments of the state of eritrea and the federal democratic republic of ethiopia the december agreement. With this final award in eritreas claims for damages, and its companion final award in ethiopias damages claims, the eritreaethiopia claims commission largely completes its work. Jun 26, 2018 in december 2005, the eritrea ethiopia claims commission eecc rules meanwhile that eritrea violated international law when it invaded badme in 1998, at the start of the conflict. The commission finds that it does not have jurisdiction over ethiopia s claim for the loss of property in eritrea s ports to the extent that it is based on property not owned by ethiopia or ethiopian nationals. I call on the eritrean government to take the same stand,ethiopias new prime minister abiy ahmed said in his inaugural address at the national parliament on. Eritrea ethiopia claims commission, partial award, civilian. Litigating war offers an indepth examination of the law and procedure of the eritreaethiopia claims commission, which was tasked with deciding, through binding arbitration, claims for losses, damages, and injuries resulting from the 19982000 eritreanethiopian war. For more detailed commentary on the work of the commission, see christine gray, the eritreaethiopia claims commission oversteps its boundaries. With this final award in eritrea s claims for damages, and its companion final award in ethiopia s damages claims, the eritreaethiopia claims commission largely completes its work. 1 the eritreaethiopia boundary commission hereinafter the commission was established pursuant to an agreement dated 12 december 2000, alternately entitled agreement between the government of the state of eritrea and the government of the federal democratic republic of ethiopia and agreement.
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