Chapter

International economic relations and armed conflict

Wolff Heintschel von Heinegg

The 1998-2000 Eritrea-Ethiopia war and its aftermath in international legal perspective : from 2000 Algiers Agreements to the 2018 Peace Agreement

The Hague : Asser Press, 2021

p. 449-467

English

The law of international armed conflict provides for a variety of principles and rules aimed at the protection of economic interests of both the belligerent States and their respective nationals, including entities. This chapter gives an assessment of the jurisprudence of the Eritrea-Ethiopia Claims Commission (EECC) relevant to international economic relations during the Eritrean-Ethiopian armed conflict with a view to testing the effectiveness of the applicable law. While many of the facts at issue before the EECC were disputed or not absolutely verifiable, the Commission has contributed to some important clarifications. Furthermore, based on the law of armed conflict as generally recognised by the international community, it has also contributed to a clarification of the applicable law and, thus, to its consolidation especially regarding the effects of armed conflict on treaties, the complementarity between international humanitarian law and human rights law during armed conflicts and the protection of private property rights of enemy nationals in enemy territory. The law of neutrality played instead a minor role during the conflict because there had been no extensive interference by neither belligerent with third States, their nationals, or their aviation and navigation.

• The 1998-2000 Eritrea-Ethiopia war and its aftermath in international legal perspective : from 2000 Algiers Agreements to the 2018 Peace Agreement / Andrea de Guttry, Harry H. G. Post, Gabriella Venturini, editors