Central Front, Ethiopia’s Claim 2 (Ethiopia/Eritrea)

Abstract

War and armed conflict — Treaties and customary international humanitarian law — Geneva Conventions, 1949 and Hague Regulations, 1907 largely reflecting principles of customary international law — Whether Additional Protocol I to the Geneva Conventions and treaties on conventional weapons and landmines having similar effect

War and armed conflict — Belligerent occupation — When territory to be considered occupied — Prior administration of territory in question — Territory subsequently awarded to occupying State by arbitral tribunal — Whether question of title relevant to applicability of law of belligerent occupation or responsibility for breach thereof — Duties of occupying power towards people and property — Civilians — Duty to protect — Duty to take all feasible precautions to prevent rape — Damage and destruction of property

War and armed conflict — Civilians — Targeting — Precautions in attack — Prohibition of attacks upon civilians — Whether shown to have been deliberate — Failure to take adequate steps to protect civilians — Landmines — Whether retreating army required to remove landmines it had installed — Abuse of civilians following capture of town

State responsibility — For acts of soldiers — Whether affected by arbitral award concerning title to area in question — Duty to control armed forces — Duty to protect civilian population and property — Apportionment of responsibility

Arbitration — Evidence — Standard of proof — Rape — Destruction of property — Proof of systematic abuse — Eritrea–Ethiopia Claims Commission