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The work of the Eritrea-Ethiopia Claims Commission1

Published online by Cambridge University Press:  17 February 2009

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Extract

The Eritrea-Ethiopia Claims Commission (EECC) is one of a pair of commissions established by the Peace Agreement of 12 December 2000 that ended a costly war between Ethiopia and Eritrea that had begun in May 1998. That war, which was sparked by disputes over the countries' common border, caused much damage and many thousands of casualties on each side. It also proved terribly expensive, as each party spent large amounts of money and incurred large debts to acquire modern weapons of war and the related munitions. Given the causes and the consequences of the war, it was, perhaps, not surprising that the Peace Agreement created a boundary commission to determine for the parties a common boundary that they would be obliged to accept, and a claims commission to resolve the claims of each party against the other for any acts arising out of the war that injured that party, including injury to its nationals, and that were in violation of international law.

However understandable in the context of the war, the creation of an international commission charged with determining which actions of the parties to a war violated the applicable international law is a rare event. While we have seen very recently the establishment of international criminal tribunals for the punishment of war crimes by individuals, we have not seen the creation of any other international tribunal that has the task of deciding the legal responsibility of a state for violations of the laws of war.

Type
Current Developments
Copyright
Copyright © T.M.C. Asser Instituut and the Authors 2003

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References

3. Agreement Between the Government of the Federal Democratic Republic of Ethiopia and the Government of the State of Eritrea, concluded at Algiers on 12 December 2000.

4. For the texts of these awards, see Permanent Court of Arbitration, recent and pending cases <http://www.pca-cpa.org>; 42 ILM (2003) p. 1056Google Scholar and 42 ILM (2003) p. 1083Google Scholar.

5. For the texts of these awards, see Permanent Court of Arbitration, recent and pending cases <http://www.pca-cpa.org>.

6. Delivered on 17 December 2004.

7. Partial Award, Prisoners of War, Ethiopia's Claim 4, paras. 12–13 and Partial Award, Prisoners of War, Eritrea's Claim 17, paras. 11–12.

8. Ibid., para. 32 and para. 41, respectively.

9. Ibid., para. 37 and para. 46, respectively.

10. Ibid., para. 56 and para. 54, respectively.

11. Partial Award, Prisoners of War, Ethiopia's Claim 4, para. 61.

12. Partial Award, Prisoners of War, Eritrea's Claim 17, para. 163.

13. Partial Award, Central Front, Eritrea's Claims 2, 4, 6, 7, 8 & 22, paras. 5–7 and Partial Award, Central Front, Ethiopia's Claim 2, paras. 6–8.

14. Ibid., para. 24 and para. 18, respectively.

15. Partial Award, Central Front, Ethiopia's Claim 2, para. 77.

16. Ibid., paras. 27–29.

17. Ibid., para. 48.

18. Ibid., para. 49.

19. Ibid., paras. 50–51.

20. Partial Award, Central Front, Eritrea's Claims 2, 4, 6, 7, 8 & 22, para. 113.