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Some Critical Comments on the Approach of the Eritrea-Ethiopia Claims Commission Towards the Treatment of Protected Persons in International Humanitarian Law

ContributorsSassòli, Marco
Published inThe 1998–2000 Eritrea-Ethiopia War and Its Aftermath in International Legal Perspective, Editors Andrea de Guttry, Harry H. G. Post, Gabriella Venturini, p. 409-424
PublisherThe Hague : Asser and Springer
Edition2nd ed.
Publication date2021
Abstract

The Eritrea-Ethiopia Claims Commission did an admirable job of interpreting, applying and clarifying International Humanitarian Law (IHL) on the protection of persons. However, some of its legal findings may be criticised, which include: the repatriation of prisoners of war, which was considered as subject to reciprocity considerations; the Commission holding admissible the denial of civilians' right to return to their home countries and even their internment, merely because they were of military age; the conclusion that IHL of military occupation is inapplicable to the invasion phase; and, the impression given that isolated IHL violations do not give rise to State responsibility or that a State only has a due diligence obligation to hinder its soldiers from committing rape. In addition to criticism of the foregoing findings, this contribution finally questions the International Committee of the Red Cross's (ICRC) rejection of the requests of both parties, to submit to the Commission reports each received from the ICRC—on its visits to persons deprived of their liberty.

Keywords
  • Eritrea
  • Ethiopia
  • Arbitration
  • International humanitarian law
  • Prisoner of war
  • Repatriation
  • Reciprocity
  • Right to leave
  • Occupation
  • Standard of proof
  • Rape
  • International Committee of the Red Cross
  • Visit
  • Report
  • Internment
  • Confidentiality
  • Standard of Proof
  • State responsability
Citation (ISO format)
SASSÒLI, Marco. Some Critical Comments on the Approach of the Eritrea-Ethiopia Claims Commission Towards the Treatment of Protected Persons in International Humanitarian Law. In: The 1998–2000 Eritrea-Ethiopia War and Its Aftermath in International Legal Perspective. The Hague : Asser and Springer, 2021. p. 409–424. doi: 10.1007/978-94-6265-439-6_17
Main files (2)
Book chapter (Accepted version)
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Book chapter (Published version)
accessLevelPrivate
Identifiers
ISBN978-94-6265-438-9
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