The 1998-2000 War Between Eritrea and Ethiopia : An International Legal Perspective - Andrea De Guttry

The 1998-2000 War Between Eritrea and Ethiopia

An International Legal Perspective

By: Andrea De Guttry (Editor), Harry H. G. Post (Editor), Gabriella Venturini (Editor)

Hardcover | 13 August 2009

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process of demarcation stalled. Later it was resumed, but since November 2008 the activities of the EEBC have stopped without a final solution. Since July 2003, the Eritrea-Ethiopia Claims Commission has issued a considerable number of de- sions on claims by either Party on a wide variety of subjects, e. g. , the treatment and exchange of prisoners of war, aerial bombardments, claims of civilians, liability issues, etc. In 2005 and 2007, the Commission issued further partial and final awards on issues of diplomatic law, economic relations during armed conflict (including on the taking and destruction of property) and on various claims regarding violations of International Humanitarian Law. These will be discussed and examined in Part V, in light of the current legal framework. Undoubtedly, the Commission has brought considerable innovations to the state of the law. Its decision on the jus ad bellum is particularly striking. The EECC found that in 1998 Eritrea had launched armed attacks on Ethiopia in violation of the prohibition on the threat and the use of force. In Part IV this 'central' decision is extensively discussed and commented upon. In the next and final phase of its activities the Claims Commission will assess damages and award compensation for the successful claims. In Part VI the fra- work of the law of state responsibility and of compensation and damages as it stands now is examined and explained taking into account important modern armed c- flicts such as the Gulf Wars.

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