Compensation for War Damages Under Jus ad Bell UM

Abstract

Between 1998 and 2000 Eritrea and Ethiopia fought a bloody war over a territorial dispute killing tens of thousands of people and causing millions of dollars of damages. After the cessation of the hostilities parties agreed to settle their differences by means of arbitration and signed a treaty in Algiers on 12 December 2000. Pursuant to this agreement, parties established, among other things, a Claims Commission ‘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 owned or controlled by the other party that are (a) related to the conflict that was the subject of the Framework Agreement, the Modalities for its Implementation and the Cessation of Hostilities Agreement, and (b) result from violations of international humanitarian law, including the 1949 Geneva Conventions, or other violations of international law’. On 17 December 2005 the Eritrea Ethiopia Claims Commission held that Eritrea had breached its obligations under Article 2(4) of the Charter of the United Nations. The scope of damages for which Eritrea would be liable because of its violation of jus ad bellum would be determined in the damages phase of these proceedings. This contribution discusses the scope of a state’s obligation to provide compensation for breaches of jus ad bellum.