International Humanitarian Law and the Conduct of Hostilities in the Case-Law of the Eritrea-Ethiopia Claims Commission

Abstract

The 1998–2000 international armed conflict between Eritrea and Ethiopia was terminated by the Algiers Peace Agreement of 12 December 2000, where the two States entrusted an arbitral commission to decide claims for loss, damage or injury related to the conflict and resulting from violations of international law, notably International Humanitarian Law. This chapter discusses the awards on claims concerning the conduct of hostilities by the two States on the Central, Eastern and Western Fronts rendered by the Eritrea-Ethiopia Claims Commission established by Article 5 of the Algiers Peace Agreement. In implementing its mandate, the Claims Commission applied and interpreted a number of specific rules of International Humanitarian Law concerning means and methods of warfare as well as important principles pertaining to international law on State liability for serious violations. Although some of the approaches and solutions upheld by the Claims Commission are debatable, it is submitted that, on the whole, its case-law on the matter should be considered positively, particularly regarding the determination of the customary status of a number of provisions contained in Protocol I Additional to the Geneva Conventions.