Eritrea-Ethiopia Claims Commission Findings August 2009

 

Permanent Court of Arbitration Eritrea-Ethiopia Claims Commission

English Version: Cases | PCA-CPA

Following the breakout of armed conflict between the Federal Democratic Republic of Ethiopia (“Ethiopia”) and the State of Eritrea (“Eritrea”) in May 1998, the governments of Ethiopia and Eritrea “permanently terminate[d] military hostilities between themselves” pursuant to an agreement signed in Algiers on 12 December 2000 (the “Algiers Agreement”).

Two commissions were established under the Algiers Agreement. Article 4 provided for the establishment of a Boundary Commission and Article 5 provided for the establishment of a Claims Commission.

The Claims Commission was established to “decide through binding arbitration all claims for loss, damage or injury by one Government against the other” related to the armed conflict and resulting from “violations of international humanitarian law, including the 1949 Geneva Conventions, or other violations of international law.” The Parties were entitled to submit claims on their own behalf and on behalf of their nationals (including both natural and legal persons), or in appropriate circumstances, persons of Ethiopian or Eritrean origin who were not nationals.

The Commission was seated in The Hague with the Permanent Court of Arbitration serving as registry.

Between July 2001 and August 2001, the Commission held hearings on significant questions related to jurisdiction, procedure and possible remedies. The Commission addressed these issues in Decisions 1-5, issued in August 2001.

In October 2001, the Commission adopted its Rules of Procedure following consultation with the Parties. These rules were based on the Permanent Court of Arbitration Optional Rules for Arbitration Disputes Between Two States.

The Parties filed their claims by 12 December 2001, addressing matters including the conduct of military operations in the front zones, treatment of prisoners of war, treatment of civilians and their property, diplomatic immunities and the economic impact of certain government actions during the conflict.

The Commission decided to bifurcate proceedings, dealing first with issues of liability and reserving the determination of damages for a later stage. The Commission heard: the prisoner of war claims in December 2002; the Central Front claims in November 2003; the Home Front claims in March 2004; and the remaining liability claims in April 2005. The Commission held two rounds of hearings on damages in April 2007 and May 2008.

In total, the Commission delivered 15 partial and final awards on liability and concluded its work on 17 August 2009, when it delivered its final awards on damages.