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) [hereinafter Partial Award in Eritrea's POW Claims]; Partial Award, Prisoners of War, Ethiopia's Claim 4 Between the Federal Democratic Republic of Ethiopia and the State of Eritrea (July 1, 2003) [hereinafter Partial Award in Ethiopia's POW Claims].

2 Partial Award, Central Front, Eritrea's Claims 2, 4, 6, 7, 8 & 22 Between the State of Eritrea and the Federal Democratic Government of Ethiopia (April 28, 2004) [hereinafter Partial Award in Eritrea's Central Front Claims]; Partial Award, Central Front, Ethiopia's Claim 2 Between the Federal Democratic Government of Ethiopia and the State of Eritrea (April 28,2004) [hereinafter Partial Award in Ethiopia's Central Front Claims].

3 Agreement on the Cessation of Hostilities, June 18, 2000.

4 See Partial Award in Eritrea's POW Claims, supra note 1, at paras. 50-53; Partial Award in Ethiopia's POW Claims, supra note 1, at paras. 45-48.

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

6 Ethiopia's Statements of Claim, Claim 5, filed by Ethiopia on December 12, 2001, p. 308.

7 See Partial Award in Eritrea's POW Claims, supra note 1, at paras. 23-26; Partial Award in Ethiopia's POW Claims, supra note 1, at paras. 19-20; Partial Award in Eritrea's Central Front Claims, supra note 2, at paras. 11-17.

8 Geneva Convention Relative to the Protection of Civilian Persons in Time of War, Aug. 12, 1949, 6 U.S.T. p. 3516, 75 U.N.T.S. p. 287 [hereinafter Geneva Convention IV].

9 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Aug 12,1949,6 U.S.T. p. 3114,75 U.N.T.S. p. 31; Geneva Convention for the Amelioration of the Condition of the Wounded.Sick and Shipwrecked Members of Armed Forces at Sea. Aug. 12, 1949, 6 U.S.T. p. 3217, 75 U.N.T.S. p. 85; Geneva Convention Relative to the Treatment of Prisoners of War, Aug. 12, 1949, 6 U.S.T. p. 3316, 75 U.N.T.S. p. 135; Geneva Convention IV, supra note 8.

10 See Partial Award in Eritrea's Pow Claims, supra note 1, at para. 38; Partial Award in Ethiopia's POW Claims, supra note 1, at para. 29; Partial Award in Eritrea's Central From Claims, supra note 2, at para. 21; Partial Award in Ethiopia's Central Front Claims, supra note 2, at para. 15.

11 Protocol Additional to the Geneva Conventions of Aug. 12, 1949, and Relating to the Protection of Victims of International Armed Conflicts, June 8, 1977, 1125 U.N.T.S. p. 3.

12 See Partial Award in Eritrea's Central Front Claims, supra note 2, at para. 23; Partial Award in Ethiopia's Central From Claims, supra note 2, at para. 17.

13 Legal Consequences of the Construction of the Wall in the Occupied Palestinian Territory (Advisory Opinion), I.C.J. REP. 2004, at advisory opinion p. 41 (para. 106).

14 African Charter of Human and People's Rights, June 27,1981, OAU Doc. CAB/LEG/67/3 rev. 5; 21 I.L.M. p. 58 (1982).

15 Convention on the Rights of the Child, Nov. 20, 1989, Dec. A/RES/44/25, 28 I.L.M. p. 1448 (1994).

16 See Michael Bothe, Karl Joseph Partsch & Waldemar Solf, New Rules For Victims Ofarmed Conflicts (1982); The Handbook Of Humanitarian Law In Armed Conflicts p. 233 (Dieter Fleck ed., 1995) [hereinafter Handbook Of Humanitarian Law]; International Committee of the Red Cross, Commentary On The Additional Protocols Of 1977 para. 3082 (1987).

17 Article 6(2) of Geneva Convention IV provides that the Convention's application in the territory of a Party to the conflict“shall cease on the general close of military operations.”However, under Article 6(4), “[protected persons whose release, repatriation or re-establishment may take place after [this date]… shall meanwhile continue to benefit by the present Convention.” See also Article 3(b) of Protocol I, underwhich the protection of the Conventions and the Protocol is extended for all persons whose “final release, repatriation or reestablishment takes place thereafter.”

18 Partial Award in Eritrea's POW Claims, supra note 1, at para. 146.

19 Julius Stone, Legal Controls Of International Conflict pp. 321-323 (1954).

20 Partial Award in Ethiopia's Pow Claims, supra note 1, para. 50.

21 Ethiopia's evidence in this regard included a few declarations describing bodies of murdered Ethiopians left in the streets, beheadings and other extreme violence allegedly directed against Ethiopians. These extreme allegations were few in number and were not corroborated by Ethiopia's other declarants or by outside observers. The Commission did not accord them significant weight.

22 The Parties did not directly address the potential relevance of pre-war agreements and arrangements between them addressing the ability of nationals of one party to conduct business in the territory of the other. The Parties appear to have regarded the operation of these instruments to have been suspended if not terminated by the conflict, but the Commission need not decide their status in the context of the present claim.

23 See para. 31 infra.

24 Additional records were attached but they reflected treatment post-dating the conflict.

25 The Commission acknowledges, as pointed out by some Eritrean declarants, that Eritrean medical records do not necessarily list nationality, making it somewhat difficult to locate records pertaining to Ethiopians. The Commission notes, however, that the National AIDS Control Program forms in the record do list nationality, and that hospital admissions forms do list the country of birth. Eritrea apparently considered the country-of-birth designation as a proxy for nationality in many cases; many of the medical records it submitted noted the patients’ birth in Ethiopia.

26 See paras. 132-135 infra.

27 See para. 120 infra.

28 See para. 46 supra.

29 See Partial Award in Eritrea's POW Claims, supra note 1, at paras. 139-142; Partial Award in Eritrea's Central Front Claims, supra note 2, at paras. 36-43; Partial Award in Ethiopia's Central Front Claims, supra note 2, at paras. 34-40.

30 Unicef Report, The Situation of Women and Children in Conflict Affected Areas in Tigray, Ethiopia, Nov. 2000, m Ethiopia's Claim 5, Memorial, filed by Ethiopia on Nov. 15, 2002 [hereinafter ET05 MEM], Documentary Annex 409 [hereinafter Unicef Report].

31 Report on the Joint Unicef/Women's Association of Tigray(“WAT“) Study of Ethiopian Deportees/Returnees from Eritrea Living in Tigray (Dec. 2001) in ET05 MEM, Documentary Annex 405 [hereinafter Report on the Joint Unicef/Wat Study].

32 Unicef Report, supra note 30, at para. 4.3.4.

33 Report on the Joint Unicef/Wat Study, supra note 31, at §§ 1.2.1,2.2.1. The study reported that 90% of the 100 persons interviewed described their departures from Eritrea to have been “forced,” but this term was used to embrace circumstances such as employment, social isolation and harassment; physically forced departures would have been inconsistent with the ICRC role in arranging returns. Accordingly, the Study used the qualified term ‘ ‘forced or induced repatriation'’ (emphasis added). Id. § 1.2.1.

34 See Partial Award in Eritrea's Central Front Claims, supra note 2, at paras. 32-34; Partial Award in Ethiopia's Central Front Claims, supra note 2, at para. 26.

35 Eritrea denied that any Ethiopians were expelled during this period pursuant to official actions or policies, contending that departures reflected free choices by those who left. For its part, Ethiopia emphasized the rules relating to expulsions of aliens in peacetime.

36 See Partial Award, Civilians Claims, Eritrea's Claims 15, 16, 23 & 27-32 Between the State of Eritrea and the Federal Democratic Government of Ethiopia (Dec. 17, 2004), Part VIII. Numerous writers on international humanitarian law affirm the right of belligerents to expel the nationals of an enemy state to their country of nationality. See, e.g., Karl Doehring, Aliens, Expulsion and Deportation, in 8 Ency clopedia Of Public International Law p. 16 (1985) (“[A] State may nonetheless be justified in expelling such a group without regard to the individual behaviour of its members, if the security and existence of the expelling State would otherwise be seriously endangered, for example … during a state of war.“); Gerald Draper, The Red Cross Conventions pp. 36-37 (1958), quoted in 10 Digest Of International Law p. 274 (Marjorie Whiteman ed., 1968) (citing “the customary right of a state to expel all enemy aliens at the outset of a conflict'’); Hand Book Of Humanitarian Law, supra note 16, at § 589(5), p. 287 (forced “repatriation [of nationals of an enemy state] must be considered as permissible“); I Oppenheim's International Law § 413, pp. 940-945 (Sir Robert Jennings & Sir Arthur Watts eds., 1996); Lord Mcnair & Arthur Watts, The Legal Effects Of War p. 76 (4th ed. 1966) (“There is no rule which requires a belligerent to allow enemy subjects to remain in his territory and he is entitled to expel them if he chooses“). Geneva Convention IV does not explicitly address expulsion of nationals of the enemy state or other aliens, instead emphasizing the right of aliens who wish to leave the territory of a belligerent to do so. See Art. 35.

37 The United Nations Secretary-General reported in December 2001 that 21,255 personsof Ethiopian origin were repatriated to Ethiopia in 2001, following the period covered by Ethiopia's claims. Progress Report of the Secretary-General on Ethiopia and Eritrea, Dec. 13, 2001, para. 47, doc. S/2001/1194.

38 Charles n. Brower & jason d. Brueschke, the iran-united states Claims Tribunal pp. 343- 365 (1998); George H. Aldrich, The Jurisprudence Of The Iran-United States Claims Tribunal pp. 464- 471 (1996).

39 Hague Con vention (IV) Respecting the La ws and Customs of War on Land and Annexed Regulations, Oct. 18, 1907, 36 Stat. p. 2277, 1 Bevans p. 631.