One of ethiopias claims was that eritrea initiated the armed conflict by an illegal use of force. 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. The role of international law and the state department legal adviser. Roots of the conflict between ethiopia and eritrea involve more than a poorly demarcated 1,000 km border. On 19 december 2005, the eritreaethiopia claims commission the. Ethiopias foreign minister, seyoum mesfin, announced the decision of the border commission on saturday at the ministry of foreign affairs. Current p university of richmond, school of law richmond. Professor of law, penn state dickinson school of law.
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. Asil insight september 4, 2009 eritreaethiopia claims. 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. On april th 2002 the permanent court of arbitration in the hague published the conclusions of the eritrea ethiopia boundary commission. Claims tribunal iusct, the united nations compensation commission uncc, and the eritreaethiopia claims commission eecc. Securing the peace between eritrea and ethiopia the recent assertion of the new prime minister of ethiopia, dr. Eritreaethiopia boundary commission decision regarding. According to the ap, both sides will accept the awards, but neither is apparently thrilled with the final. Following the breakout of armed conflict between the federal democratic republic of ethiopia ethiopia and the state of. Among the more significant holdings of the commission were. Introduction violations of international humanitarian law1 are compensable. The 1908 treaty delimits the eastern sector of the boundary by tracing it from rendacoma at a distance of 60 km parallel to the red sea coast in a southeasterly direction all the way to mount mussa ali at the point where the borders of eritrea, ethiopia and djibouti meet welde giorgis, 2014, 570582. Specifically, two key issues will be analyzed, namely the commissions findings that the geneva conventions and some provisions of additional. The mandate of the commission is to decide through binding arbitration all claims for loss, damage or injury by one government against the other, and by nationals including both natural and juridical persons of one party against the government of the other party or entities.
He was a commissioner on the eritreaethiopia claims commission, which successfully addressed extensive claims following the two countries 1998. Summary the canadian council for refugees ccr urges the minister of public safety to impose a moratorium on removals to eritrea in light of the systematic, widespread and gross human rights violations occurring throughout the country. Decision of the eritrea ethiopia boundery commission on the border between eritrea and ethiopia. Before joining the firm, she was the first general counsel for the korean peninsula energy development organization and, while with the us state department, the us agent to the iranus claims tribunal. Ethiopia occupies eritrean territory, having reneged on a commitment, made in an agreement ending a twoyear war between the countries, to accept as final a border demarcated by a neutral border commission.
A claims commission in 2005 found eritrea had violated international law by attacking ethiopia in 1998. Eritreaethiopia, awards on occupation how does law. 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 ethioeritrea claims commission on use of force. The level of organization of the armed actors 7878 contents 11. Commission shall be made by a majority of the commissioners. Eritrea brought claims against ethiopia before the eritreaethiopia claims commission the commission, alleging that ethiopia wrongfully denationalised, expelled and detained thousands of ethiopian citizens of eritrean origin andor nationality in connection with the 19982000 armed conflict between the two countries. The mandate of the commission is to decide through binding arbitration all claims. Eritreaethiopia, partial award on pows how does law. Ethiopias refusal to withdraw its troops from badme 49 contents. It also provided the setting for a multitude of violations of humanitarian and human rights laws that were brought before the eritreaethiopia claims commission. Ethiopia eritrea background to the ethiopia eritrea border. Reid as a witness in the hearing of those claims in march 2004. Panel 1 the legacy of the eritreaethiopia claims commission john crook, george washington university law school chiara giorgetti, university of richmond school of law sean d.
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. The awards on liability and damages for violations of international humanitarian law of the eritreaethiopia claims commission uncover both the extent of state responsibility for unlawful displacement and deportation of civilian population resulting from wrongful actions of belligerents under international law and the availability of remedies for victims of such violations. For more detailed commentary on the work of the commission, see christine gray, the eritreaethiopia claims commission oversteps its boundaries. On 19 december 2005 the eritrea ethiopia 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. The eritreaethiopia claims commission oversteps its. The ethio eritrea claims commission on use of force. 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. An independent ethiopiaeritrea boundary commission eebc was mandated to delineate and demarcate the border, and released a legallybinding decision in april 2002 in favour of eritrea s territorial claims. Ethiopia has resisted implementing the decisions made by the eritreaethiopia border commission eebc, eritrea has imposed unilateral restrictions on the united nations mission in ethiopia and eritrea unmee, and both states have rejected the eebcs. Since eritrea s independence, eritrea and ethiopia had disagreed about the exact demarcation of their borders, and in may 1998, eritrea initiated border clashes that developed into a fullscale war that left more than 80,000 dead and further destroyed both countries ailing economies. 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. If the inline pdf is not rendering correctly, you can download the pdf file here. 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.
Eritreaethiopia claims commission oversteps its boundaries. Programs created as part of peace agreements include the 19962003 commission for real property claims of displaced persons and refugees crpc in bosnia and herzegovina and the 2000 eritrea ethiopia claims commission eecc. Eritreaethiopia claims commission final award ethiopias damages. The peace agreement signed between ethiopia and eritrea in. The government of the state of eritrea and the government of the federal democratic republic of ethiopia the parties. Category 1 claims of natural persons for unlawful expulsion from the country of their residence. Under the autocratic rule of ethiopian emperor haile selassie, eritreas autonomy was eroded and in 1962 its status. By a letter dated 7 june 2002 eritrea requested that the commission adopt an interim order. Finally in 2004, the eritreaethiopia claims commission eecc, which was established to decide, through binding arbitration, claims brought by the two governments and their nationals, determined that those who had qualified to participate in the referendum had acquired dual nationality because both states continued to treat them as nationals. Pdf the eritreaethiopia conflict and the algiers agreement. The damage awards of the eritreaethiopia claims commission. The damage awards of the eritreaethiopia claims commission, 9 the law and practice of international tribunals 1 2010.
Eritreaethiopia claims commission final award eritreas damages. Was the eritreaafiethiopia claims commission merely a zerosum. Christine gray abstract 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 1998 2000 war between the two states is a troubling one. 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. Review panel established under the convention on the conservation and. All claims submitted to the commission shall be filed no later than one year from the effective date of this agreement.
Displacement of civilians during armed conflict in the light. Pdf the eritreaethiopia claims commission and customary. United nations a hfiih general assembly p security council. Duration and cost of statestate arbitration proceedings. Ethiopias claim 6 between the federal democratic republic of ethiopia and the state of eritrea by the claims commission, composed of. The findings by the claims commission and the eebc in effect contradicted each other.
United nations a hfiih general assembly p security. The united nations high commission for refugees reported at the end of 2014 that 416,857 eritreans have lodged asylum claims or are registered as refugees, over 9 percent of the. 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. Under the autocratic rule of ethiopian emperor haile selassie, eritrea s autonomy was eroded and in 1962 its status. 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. The commission notes that, in many situations, the choice of verbal formula to describe the necessary degree of connection will result in no difference in outcomes. These included arrangements regarding the pensions of former ethiopian state employees, military personnel and. The eritreaethiopia boundary commission delivered its decision on delimitation of the border between eritrea and ethiopia to representatives of. Won kidane, civil liability for violations of international humanitarian law. In 1991, while eritrea was still a part of ethiopia, both.
Reids august 1999 report, entitled ethiopian nationals in asmara. Sep 24, 20 the aim of the article is to highlight several issues concerning the customary international law status of a number of international humanitarian law ihl treaty provisions that arose during the proceedings of the eritrea ethiopia claims commission. 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. Peace agreements digital collection eritreaethiopia agreement agreement between the government of the federal democratic republic of ethiopia. Monetary payments for civilian harm in international and. Eritreaethiopia claims commission, final award, pensions. Eritreaethiopia claims commission, partial award, prisoners of war, ethiopias claim 4, between the federal democratic republic of ethiopia and the state of eritrea. The aim of the article is to highlight several issues concerning the customary international law status of a number of international humanitarian law ihl treaty provisions that arose during the proceedings of the eritreaethiopia claims commission. The algiers agreement was a peace agreement between the governments of eritrea and ethiopia signed on december 12, 2000, at algiers, algeria for the formal end the eritreanethiopian war, a border war fought by the two countries from 1998 to 2000. Eritrea continues to try to destabilize ethiopia by funding and arming insurrection. Eritrea ethiopia boundary commission decision regarding delimitation of the border between the state of eritrea and the federal democratic republic of ethiopia by the boundary commission, composed of. A report, as documentary annex a, volume 3, to eritreas countermemorial to ethiopias claim 5, filed by eritrea on january 15, 2004 in the civilians claims, and the commission heard dr. Professor sir elihu lauterpacht, cbe, qc, president prince bola adesumbo ajibola, san, kbe, cfr professor w. In may 1998, hostilities between ethiopia and eritrea led to a large scale war that began when eritrean forces occupied the border town o.
Eritrea brought claims against ethiopia before the eritrea ethiopia claims commission the commission, alleging that ethiopia wrongfully denationalised, expelled and detained thousands of ethiopian citizens of eritrean origin andor nationality in connection with the 19982000 armed conflict between the two countries. Eritreaethiopia claims commission awards final damages. The eritreaethiopia claims commission and customary. The war report armed conflicts in 2018 acknowledgements the war report 2018 was supervised and edited by dr annyssa bellal, strategic adviser on ihl and senior research fellow at the geneva academy of international. Eritrea ethiopia boundery commission eebc decisions. Displacement of civilians during armed conflict in the. The parties shall file their briefs and supporting e idence on group. The ethiopiaeritrea border conflict and the role of the. The eritreaethiopia claims commission oversteps its boundaries. The eritreaethiopia conflict and the algiers agreement.
The recent decision by the eritreaethiopia claims commission on the ius ad bellum claims of ethiopia that eritrea had. 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 government of the state of eritrea of december 12, 2000 the agreement. Prisoners of war, ethiopias claim 4 paras 1 to 80 source. 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. Finally in 2004, the eritrea ethiopia claims commission eecc, which was established to decide, through binding arbitration, claims brought by the two governments and their nationals, determined that those who had qualified to participate in the referendum had acquired dual nationality because both states continued to treat them as nationals. The visible and invisible world of international claims. Icj case ethiopia v eritrea by teimun newsletter issuu. While awarding badme to eritrea, the claims commission established under article 5 of the algiers agreement found eritrea to be the aggressor triggering the border conflict by invading badme, then administered by ethiopia. The commission has decided that claims may be filed in the following six categories. Idps returned or resettled but border tensions remain.
The court concluded that a large part of the western border sector will be awarded to eritrea near the yirga triangle. The center for preventive action avoiding conflict in the. The bush administration in shaping foreign policy in times of crisis. You can access the damages decisions for eritrea here, and those for ethiopia here. In particular, the commission placed badme, the border town over which the war had broken out, in eritrea.
Lalive, attorneysatlaw, geneva, switzerland associate, international arbitration, 2003 2005 principle associate in charge of the management of two international arbitrations at uncc worth several billion dollars. Oct 24, 2018 6 eritrea ethiopia claims commission, pca case no. Ari dybnis, was the eritreaethiopia claims commission merely a zerosum game. 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. Paul lucy reed the hague, december 19, 2005 partial awardjus ad bellumethiopias claims 18 between the claimant. He is a judge on natos administrative tribunal and frequently acts as arbitrator in international investment and other disputes in icsid, the permanent court of arbitration, and other settings. Eritrea ethiopia claims commission, 12 tilburg foreign l. The awards on liability and damages for violations of international humanitarian law of the eritrea ethiopia claims commission uncover both the extent of state responsibility for unlawful displacement and deportation of civilian population resulting from wrongful actions of belligerents under international law and the availability of remedies for victims of such violations. The 19982000 border war represents the highest point in the current eritreaethiopia conflict.
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