Assessing Civil Liability for Harms to Women during Armed Conflict: The Rulings of the Eritrea-Ethiopia Claims Commission

Abstract

AbstractThis article provides a descriptive account of rulings of the Eritrea-Ethiopia Claims Commission (EECC) related to harms inflicted during the Ethiopia-Eritrea armed conflict that disproportionately affected women. Following the introduction, it presents a brief overview of the creation of the EECC and its jurisdiction, procedure and rulings. It then discusses the EECC's rulings on sexual violence, describing the special considerations for applying its standard and quantum of proof in relation to liability and damages in rape claims. The next part focuses on the import of the EECC's rulings in relation to expelled and other displaced civilians (including internally displaced persons), who were largely women and other vulnerable populations. Although the EECC did not, for the most part, find displacement itself to be a violation of the jus in bello, it did award significant amounts of compensation for harms suffered by expelled and displaced civilians and for relief provided to such persons, who were predominantly women and other vulnerable populations, as well as for Eritrea's violation of the jus ad bellum.