Eritrea’s Damages Claims (Eritrea/Ethiopia)

Abstract

Claims — Eritrea — Ethiopia Claims Commission — Eritrean — Ethiopian war 1998-2000 — Eritrea’s claims — Liability phase — Commission deciding on extent of Ethiopia’s liability in Awards — Final phase — Damages phase — Eritrea claiming compensation for violations of international law — Nationality of claims — Eritrea also claiming on behalf of its nationals — Dual nationals and long-term residents — Lack of time and resources — State-to-State claims — Claims divided into two groups — Group Number One comprising war front, prisoner of war and displaced persons claims and preliminary issues — Group Number Two comprising all remaining claims including civilians or home front claims and six individual claims — Quantum of damage

Damages — “Fast-track” damages phase — Monetary compensation — Satisfaction — Quantification of monetary damages — Function of compensation — Chorzów Factory test — Parties’ economic positions — Relevance — Economic conditions — Applicable legal principles — Article 5(13) of Algiers Agreement of 12 December 2000 — Relevant international law rules — Res judicata — Role of evidence and burden of proof — Proof of facts — Causation — Factors in assessment of compensation — Nature, seriousness and extent of unlawful acts — Intention — Mitigating circumstances — Victim numbers — Implication of injuries for victims — Group Number One damages claims — Ethiopia liable for damage on Central and Western Fronts — Loss of personal and business property — Damage to or destruction of buildings — Consequential damages — Damage to cultural property — Mistreatment of prisoners of war — Rape — Displacement of population of Awgaro — Group Number Two damages claims — Deprivation of nationality — Applicability of dominant and effective nationality rule — Wrongful expulsion — Harsh conditions of departure — Property losses by persons previously residing in Ethiopia — Property losses by non-residents — Other non-resident property — Unlawful detention of Eritrean civilians — Diplomatic claim — Individual claims — Compensation awarded to Eritrea for Ethiopia’s violations of jus in bello

State responsibility — Causation — Proximity — Nationality of claims — Responsibility for violations of jus in bello

War and armed conflict — Enforcement and implementation — Damages — For violations of jus ad bellum and jus in bello — Eritrea–Ethiopia Claims Commission