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Eritrea-Ethiopia Claims Commission (EECC): Partial Award—Diplomatic Claim,Ethiopia's Claim 8*

Published online by Cambridge University Press:  27 February 2017

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Abstract

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Type
Judical and Similar Proceedings
Information
International Legal Materials , Volume 45 , Issue 3 , May 2006 , pp. 621 - 632
Copyright
Copyright © American Society of International Law 2006

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Footnotes

*

This text was reproduced and reformatted from the text appearing at the Permanent Court of Arbitration website (visited April 04, 2006) <http://www.pca-cpa.org/>

References

Endnotes

1 Partial Award, Prisoners of War, Eritrea's Claim 17 Between the State of Eritrea and the Federal Democratic Republic of Ethiopia (July 1, 2003); Partial Award, Prisoners of War, Ethiopia's Claim 4 Between the Federal Democratic Republic of Ethiopia and the State of Eritrea (July 1, 2003); Partial Award, Central Front, Eritrea's Claims 2,4,6,7 & 22 Between the State of Eritrea and the Federal Democratic Republic of Ethiopia (April 28, 2004); Partial Award, Central Front, Ethiopia's Claim 2 Between the Federal Democratic Republic of Ethiopia and the State of Eritrea (April 28, 2004); Partial Award, Civilians Claims, Eritrea's Claims 15, 16, 23 & 27-32 Between the State of Eritrea and the Federal Democratic Republic of Ethiopia (Dec. 17,2004); Partial Award, Civilians Claims, Ethiopia's Claim 5 Between the Federal Democratic Republic of Ethiopia and the State of Eritrea (Dec. 17, 2004).

2 Vol. II, Oppenheim's international law Sect. 98 (Hersch Lauterpacht ed., Longmans, 7th ed. 1952).

3 See Leslie C. Green, the contemporary law of armed conflict p. 81 (Manchester University Press, 2d ed. 2000). The tasks of protecting powers under the 1977 Protocol Additional to the Geneva Conventions of Aug. 12,1949, and Relating to the Protection of Victims of International Armed Conflicts (“Protocol I“) are more extensive than those traditionally performed by neutral diplomats representing an adverse party. Id.

4 Vienna Convention on Diplomatic Relations, April 18, 1961. 500 U.N.T.S. p. 95.

5 Commission Decision No. 1: The Commission's Mandate/ Temporal Scope of Jurisdiction, issued July 24, 2001.

6 See Ethiopia's Claim 8, Claims for Loss, Damage or Injury to Ethiopia's Diplomatic Personnel and Diplomatic Property, Memorial, filed by Ethiopia on November 1, 2004, para 2.26 (“The Eritrean security agents arrested [the individual] again on Hamle 26,1992 E.C. or 2 August 2000 G.C.“) [hereinafter ET Diplomatic MEM] and Documentary Annexes, Vol. II, TAB 31.

7 Vienna Convention on Consular Relations, April 24, 1963, 596 U.N.T.S. p. 262.

8 United States Diplomatic and Consular Staff in Tehran (United States v. Iran), 1980 I.C.J. p. 3, at para. 86 (Judgment, May 24, 1980).

9 ET Diplomatic MEM, supra note 6, at para. 2.19.

10 Eritrea submitted Dr. Reid's August 1999 report, entitled “Ethiopian Nationals in Asmara; A Report,” as Documentary Annex A, Volume 3, to Eritrea's Counter-Memorial to Ethiopia's Claim 5, filed by Eritrea on January 15, 2004 in the Civilians Claims, and the Commission heard Dr. Reid as a witness in the hearing of those claims in March 2004.