From: Biniam Haile \(SWE\) (eritrea.lave@comhem.se)
Date: Tue Aug 18 2009 - 04:32:51 EDT
Permanent Court of Arbitration (PCA)
Eritrea-Ethiopia Claims Commission
http://www.pca-cpa.org/showpage.asp?pag_id=1151
The Eritrea-Ethiopia Claims Commission was established and operates
pursuant to Article 5 of the Agreement signed in Algiers on December 12,
2000 between the Governments of the State of Eritrea and the Federal
Democratic Republic of Ethiopia
<http://www.pca-cpa.org/upload/files/Algiers%20Agreement.pdf>
http://www.pca-cpa.org/upload/files/Algiers%20Agreement.pdf
(the "December Agreement").
The Commission is directed to "decide through binding arbitration all
claims for loss, damage or injury by one Government against the other,
and by nationals (including both natural and juridical persons) of one
party against the Government of the other party or entities owned or
controlled by the other party that are (a) related to the conflict that
was the subject of the Framework Agreement, the Modalities for its
Implementation and the Cessation of Hostilities Agreement, and (b)
result from violations of international humanitarian law, including the
1949 Geneva Conventions, or other violations of international law."
Pursuant to the December Agreement, the Commission is an independent
body. Its seat is in The Hague, although it has met informally with the
parties elsewhere.
The members of the Commission are:
Professor Hans van Houtte (President)
Judge George Aldrich (appointed by Ethiopia)
Mr. John Crook (appointed by Eritrea)
Dean James Paul (appointed by Ethiopia)
Ms. Lucy Reed (appointed by Eritrea)
The Permanent Court of Arbitration ("PCA") serves as registry to the
Commission.
The Commission held informal meetings on organizational matters with
representatives of the parties at the PCA's premises in March and May of
2001. In July 2001, it held hearings on significant questions related to
its jurisdiction, procedures and possible remedies. The Commission
benefited from substantial memoranda filed by the parties prior to both
the May and July sessions. In August 2001, the Commission issued its
Decisions Numbers 1-5. These address significant jurisdictional and
procedural issues bearing on the preparation and presentation of claims.
In August 2001, representatives of the Commissions and of both parties
met informally with claims experts from the International Organization
on Migration to discuss technical issues related to the design and
implementation of possible mass claims filing systems. During this
period, the Commission provided additional procedural guidance in
several letters to the parties.
In October 2001, following consultations with the parties, the
Commission adopted its Rules of Procedure. As required by Article 5(7)
of the December Agreement, the Commission's Rules are based on the PCA's
Optional Rules for Arbitrating Disputes Between States, adapted to
reflect the Commission's mandate and anticipated workload.
In December 2001, both parties filed their claims in compliance with the
12 December 2001 filing deadline established by Article 5(8) of the
December Agreement. Neither party utilized the possibility, created by
Chapter Three of the Commission's Rules, of filing claims utilizing
possible mass claims procedures. State-to-state claims were filed on
behalf of the Government of Ethiopia. The Government of Eritrea filed
claims on its behalf, as well on behalf of named individuals. The claims
filed by the parties relate to such matters as the conduct of military
operations in the front zones, the treatment of POWs and of civilians
and their property, diplomatic immunities and the economic impact of
certain government actions during the conflict. Although the total
number of claims filed by each party differs, several of Ethiopia's
claims include extensive sub-elements. Accordingly, the overall scope of
the issues raised in the two parties' claims appears broadly similar.
After the claims were filed, the Commission analyzed the initial filings
and requested and received the parties' views regarding the priorities
and sequence for its work. Taking account of the views of both parties,
in February 2002, the Commission scheduled the filing of statements of
defense in all claims. Both parties have filed all of their statements
of defense in accordance with this schedule. (The Commission's February
2002 order indicated that the Commission did not expect to authorize
additional time for the statements of defense, and it has not done so.)
The Commission decided to bifurcate its further work by dealing first
with issues of liability and only subsequently with the determination of
damages.
In May 2002, the Commission identified the first three sets of claims
for oral hearings, and set the dates for hearings on liability,
memorials and counter-memorials in those claims. The Commission decided
to begin with the two parties' claims alleging mistreatment of their
respective prisoners of war; followed by their claims of misconduct
related to the armed conflict in the Central Front; followed by their
allegations of mistreatment of civilians. Memorials and some
counter-memorials have been filed in these three groups of cases as
ordered. Following an informal meeting with the parties in July 2002,
the Commission also established a schedule for the filings and initial
hearings in all of the remaining claims. In August 2002, the President
of the Commission met in Geneva with officials of the International
Committee of the Red Cross. This meeting sought to determine whether the
ICRC would consent to the parties' use in the POW claims of certain
materials originated by the ICRC and in the parties' possession. The
ICRC was not prepared to consent to such use by the parties.
The Commission's hearings on the parties' prisoner of war claims took
place as scheduled over ten hearing days at the Peace Palace in December
2002. The Partial Awards are available below.
In light of requests received from both parties, the Commission in
February 2003 adjusted its schedule of future filings and hearings to
take account of requirements resulting from other proceedings involving
the parties and of the breadth and complexity of the work remaining to
be done. Throughout this process, the Commission and the parties have
worked cooperatively, with a view to expeditious and orderly resolution
of the Commission's caseload. The Commission and the parties have met
informally several times to discuss possible means for focusing and
facilitating the claims process. (The December Agreement calls for the
Commission to endeavor to complete its work within three years of the
closing date for filing claims.)
On September 1, 2003, the Federal Democratic Republic of Ethiopia asked
the Commission to provide an interpretation of the partial award in
Ethiopia's claim under Article 21 of the Commission's Rules of
Procedure. After receiving the views of both parties, the Commission
declined that request expressing doubts whether it involved a matter of
interpretation for purposes of the Rules.
The Commission also noted that the specific provisions cited in the
request related to matters different from the subject of the request.
Emphasizing that providing an interpretation lies in its discretion, the
Commission recalled the great volume of pending work and the parties'
and Commission's common determination to complete it in an expeditious
and orderly way.
The Commission held hearings in camera at the Peace Palace on the
Central Front claims from both parties from 11 to 21 November 2003. The
Partial Awards, released on April 28, 2004, are available below.
The Commission held hearings in camera at the Peace Palace on the Home
Front claims from both parties from 9 to 19 March 2004.The Partial
Awards, released on December 17, 2004, are available below.
The Commission held hearings in camera at the Peace Palace on the
parties' remaining liability claims in April 2005. The Awards, as well
as the Commission's Decision No. 6, released on December 19, 2005, are
available below.
The Commission has now embarked on the damages phase of its work.
The Commission held the first round of hearings in the damages phase in
April 2007. The Commission issued Decision No. 7 "Guidance Regarding Jus
ad Bellum Liability", and Decision No. 8 "Relief to War Victims" on July
27, 2007. The Decisions are available below.
The Commission held the second round of hearings in the damages phase in
May 2008.
General information on the activities of the Commission was provided by
the Chairman for inclusion in the first report of the Secretary-General
of the United Nations to the Security Council, which can be downloaded
here in PDF:
Progress Report of the Secretary-General on Ethiopia and Eritrea,
September 4, 2003
UN Doc. S/2003/858
Progress report of the Secretary-General on Ethiopia and Eritrea, June
19, 2001
UN Doc. S/2001/608
Decisions: http://www.pca-cpa.org/showpage.asp?pag_id=1151
Partial Awards:
Prisoners of War - Eritrea's Claim 17
Prisoners of War - Ethiopia's Claim 4
Central Front - Eritrea's Claims 2, 4, 6, 7, 8 & 22
Central Front - Ethiopia's Claim 2
Civilians Claims - Eritrea's Claims 15, 16, 23 & 27-32
Civilians Claims - Ethiopia's Claim 5
Western Front, Aerial Bombardment and Related Claims - Eritrea's Claims
1, 3, 5, 9-13, 14, 21, 25 & 26
Western and Eastern Fronts - Ethiopia's Claims 1 & 3
Diplomatic Claim - Eritrea's Claim 20
Diplomatic Claim - Ethiopia's Claim 8
Loss of Property in Ethiopia Owned by Non-Residents - Eritrea's Claim 24
Economic Loss Throughout Ethiopia - Ethiopia's Claim 7
Jus Ad Bellum - Ethiopia's Claims 1-8
Final Awards: http://www.pca-cpa.org/showpage.asp?pag_id=1151
Pensions - Eritrea's Claims 15, 19 & 23
Ports - Ethiopia's Claim 6
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