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Ethiopia to put Eritrea in huge |
Addis Ababa, Ethiopia, 12/22 -
Ethiopia is preparing a post-war compensation claims list that
will put Eritrea in the hole of hundreds of millions of dollars,
a senior foreign ministry official said here Wednesday.
Ibrahim Idris, director general of the Legal Affairs Department
in the ministry, said the Eritrea-Ethiopia Claims Commission has
issued the fourth set of awards that by and large was favourable
to Ethiopia.
"We accept the ruling of the Commission. But, we are only
disappointed by its decision on the [Assab] port claim because
we wanted Eritrea to be held directly liable for loss of our
property," said Ibrahim.
He said the Commission would in January 2006 fix a date for its
next meeting at the Permanent Court of Arbitration in The Hague
for the two countries to present the claims in detail.
The Commission would also determine the time and mode of payment
of the claims.
The set of awards covers Ethiopia`s claims that include `jus ad
bellum` (right to war) as well as diplomatic and economic
damages.
At the end of the 1998-2000 border war between the two
neighbouring countries, Eritrea had also raised claims against
Ethiopia regarding diplomatic and economic damages, aerial
bombardment, occupation and internal displacement of its people.
Ethiopia`s claim that is bound to have far reaching consequences
in the efforts of the international community to resolve the
crisis between the two countries was that Eritrea started the
war by invading on 12 May 1998 the Ethiopian territory in
violation of Article 2 (4) of the United Nations Charter.
In its decision, the Claims Commission asserts that Eritrea
violated the UN Charter by attacking and occupying the town of
Badme, then under Ethiopian administration.
The Commission has found Eritrea liable to compensate Ethiopia
for the damages caused by the violation of the international
law.
"Given the absence of an armed attack against Eritrea, the
attack that began on May 12 cannot be justified as lawful
self-defence under the UN Charter," the Commission ruled.
Also, the Commission decided that Eritrean authorities failed to
take effective measures to prevent rape of women by their
soldiers in some geographic areas in Ethiopia, including Dalul
and Elidar `weredas`(districts).
In contrast, the Commission rejected Eritrea`s claims that
Ethiopia engaged in frequent physical abuse of civilians on the
Eritrean western front in which Ethiopia conducted military
operations.
On Ethiopia`s eastern front, the Commission held Eritrea liable
for both widespread looting and property destruction in Dalul
and Elidar.
"Failure of the Eritrean military to enforce discipline
presumably explains Ethiopia`s clear and convincing evidence of
a pattern of looting and deliberate property damage committed by
Eritrean soldiers," the Commission observed.
The Commission held Ethiopia liable for the destruction, on the
Eritrean side, of only four compounds in Barentu and two
compounds in Tokombia.
On Ethiopia`s economic claims for damage resulting from the
invasion, the Commission has stated that losses attributable to
Eritrea`s use of force would be considered in the damages phase,
following additional briefing by the parties.
"This is an encouraging result because it leaves open the
possibility of pursuing significant damages based on the harm
that the war brought to Ethiopia`s economy," the foreign affairs
ministry said in a press briefing note.
According to Reta Alemu, the ministry`s First Secretary, the
level of damages would be addressed in the next phase when each
side will submit its claims for the Commission to determine the
value.
Under the Algiers Agreement of December 2000, Ethiopia and
Eritrea established a neutral Claims Commission to decide
through binding arbitration all claims for loss, damage or
injury related to the two-year border war. |
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