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Prisoners of War - Eritrea's Claim 17, Eritrea v Ethiopia, Partial Award, ICGJ 350 (PCA 2003), 1st July 2003, Eritrea-Ethiopia Claims Commission



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  • Use of Force, War, Peace and Neutrality
  • Public International Law
  • International Law
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Whether and to what extent the Commission had jurisdiction over Eritrea’s claims concerning the treatment of its prisoners of war (‘POWs’) by Ethiopia.

Whether the applicable provisions of the Geneva Conventions represented customary international law, and how the burden of proof in establishing the customary status of treaty rules was allocated.

What the evidentiary standard was for finding violations of humanitarian law.

For which breaches of humanitarian law Ethiopia was liable.

Whether Eritrea’s request that the Commission order the return of personal property of Eritrean POWs that was taken by Ethiopia or its personnel should be upheld.

Keywords: Burden of proof; Customary international law; Evidence; International courts and tribunals, jurisdiction; International humanitarian law, war crimes—outrages upon dignity; International humanitarian law, war crimes—rape and sexual violence; International humanitarian law, war crimes—violence to life or person; Prisoners of war; Standard of proof; State succession, international agreements; Torture; Treaties, entry into force; Treaties, ratification

Legal Material.  19681 words. 

Subjects: Use of Force, War, Peace and Neutrality ; Public International Law ; International Law ; Law

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