1 Eritrea's Claims 15, 16, 23 & 27-32, Memorial, filed by Eritrea on Nov. 15, 2002, para. 1.01.

2 Partial Award, Prisoners of War, Eritrea's Claim 17 Between the State of Eritrea and The Federal Democratic Republic of Ethiopia 46 (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].

3 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].

4 Letter from H.E. Meles Zenawi to UN Secretary-GeneralBoutros Boutros-Ghali, Dec. 13, 1991, UN Doc. A/C.3/47/5 (1992).

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

6 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].

7 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 [hereinafter Protocol I].

8 See Eritrea's Statements of Claim, Claim 27 (Hiwot Nemar-iam); Claim 28 (Belay Redda); Claim 29 (Sertzu Gebre Meskel); Claim 30 (Fekadu Andemeskal); Claim 31 (Me-brahtu Gebremedhim) and Claim 32 (Mebrat Gebreamlak), filed by Eritrea on December 12, 2001.

9 Commission Decision No. 3: Remedies, issued July 24, 2001.

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

11 African Charter of Human & People's Rights, June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5; 21 I.L.M. p. 58 (1982). Ethiopia signed the African Charter on June 15, 1998 and ratified it on June 22, 1998. Eritrea signed on January 14, 1999 and ratified on March 15, 1999.

12 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 6.

13 See Partial Award in Eritrea's POW Claims, supra note 2, at para. 38; Partial Award in Ethiopia's POW Claims, supra note 2, at para. 29; Partial Award in Eritrea's Central Front Claims, supra note 3, at para. 21; Partial Award in Ethiopia's Central Front Claims, supra note 3, at para. 15

14 See Partial Award in Eritrea's Central Front Claims, supra note 3, at para. 23; Partial Award in Ethiopia's Central Front Claims, supra note 3, at para. 17.

15 The Handbook Of Humanitarian Law In Armed Conflicts p. 233 (DieterFlecked., 1995) [herein after Handbook Of Humanitarian Law].

16 Id. p. 281.

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

18 Acquisition of nationality by marriage was subject to substantial restrictions. The spouse had to live in Eritrea with the Eritrean spouse for at least three years; renounce foreign nationality; and sign an oath of allegiance. The Eritrean Nationality Proclamation No. 21/1992, Apr. 6, 1992, art. 6.

19 The Eritrean Referendum Proclomation No. 22/1992, Apr. 7. 1992 (emphasis added).

20 Transcript of the Eritrea-Ethiopia Claims Commission Hearings of March 2004, Peace Palace, The Hague, at pp. 631,645. The Commission considers it relevant that the Eritrean authorities chose to address the question of nationality in a separate and earlier proclamation, not as part of Proclamation No. 22/1992. Incorporating the nationality provisions into the Referendum Proclamation might have indicated that the determination of nationality was for a limited purpose, i.e. solely for the Referendum. That was not the course Eritrea chose.

21 See Ian Brownlie, Principles Of Public International Law pp. 70-72 (6th ed. 2003); Akehurst'smodern Introduction To International Lawpp. 75-81 (Peter Malanczuk, ed., 7th rev. ed. 1997).

22 Agreed Minutes of the Fourth Ethio-Eritrean Joint High Commission Meeting (August 1996), para. 4.3.4.

23 Lord Mcnair & Arthur D. Watts, The Legal Effects Of War p. 70 (4th ed. 1966).

24 Universal Declaration on Human Rights, G.A. Res. 217A (III), U.N. Doc. A/810 (1948).

25 Ethiopia's subsequent call for registration of Eritrean nationalsin August 1999, infra at para. 74, clearly refers to persons acquiring Eritrean nationality in connection with participation in the Referendum. This is at odds with Eritrea's claim that Ethiopia's position regarding the loss of Ethiopian nationality was devised after-the-fact for purposes of legal argument

26 I Oppenheim's International Law § 413, pp. 940-941 (Sir Robert Jennings & Sir Arthur Watts eds., 1996)

27 Writers on international humanitarian law are to the same effect. See, e.g., Doehring, Karl, Aliens, Expulsion and Depottation, in 8 Encyclopedia Of Public International Law p. 16 (1985)Google Scholar (“[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. 3637 (1958), quoted in 10 Digest Of International outset of a conflict“); Handbook Of Humanitarian Law, supra note 15, at § 589(5), p. 287 (forced “repatriation [of nationals of an enemy state] must be considered as permissible“); Mcnair & Watts, supra note 23, at p. 76 (“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.

28 Eritrea's evidence also included several declarations from rural people forcibly expelled from Tigray in mid2001 and evidence of international protests by the UN Secretary Generaland others regarding the 2001 expulsions. However, as indicated supra, at para. 16, claims for the 2001 expulsions are outside the Commission's temporal jurisdiction.

29 See paras. 19 and 20 supra.

30 Eritrea maintained throughout that only Ethiopian nationalswere expelled. Ethiopia maintained that it only expelled Eritrean nationals “who had been individually determined to be Eritrean nationals (as well as threats to Ethiopia's national security.“) (Ethiopia's Counter-Memorial, filed by Ethiopia on Jan. 15, 2004, p. 109, para. 6.85.)

31 See para. 40 supra.

32 Supra paras. 19 and 20.

33 Geneva Convention IV, supra note 6, at art. 36(1); Protocol I, supra note 7, at art. 75.

34 See Partial Award in Eritrea's POW Claims, supra note 2, at paras. 24 and 28.

35 Partial Award in Eritrea's Pow Claims, supra note 2, at para. 28. Handbook Of Humanitarian Law, supra note 15, at § 583 (p. 281).

36 Leslie c. Green, The Contemporary Law Of Armed Conflict p. 89 (2d ed. 2000).

37 Partial Award in Eritrea's Pow Claims, supra note 2, at para. 28.

39 As noted above, under Article 35 of Geneva Convention IV, a belligerent can prevent nationals of an enemy belligerent from leaving its territory if they may assist the opposing war effort. Such persons can also be assigned residence or interned if the requirements of Article 41 are met.

40 Partial Award in Eritrea's POW Claims, supra note 2, at Part V.D.

41 See Geneva Convention IV, supra note 6, at art. 27; Protocol I, supra note 7, at art. 27.

42 II International Law: A Treatise: Disputes,War And Neutrality p. 326 (H. Lauterpacht ed., 7th ed. 1952) [hereinafter Disputes, War And Neutrality]. There was a major case of confiscation of private enemy property in 1793, at the outbreak of war between France and Germany. Id.

43 Treaty of Amity, Commerce and Navigation between Great Britain and the United States, Nov. 19, 1794, 52 Consol. T.S. p. 243.

44 Hague Convention (IV) Respecting the Laws and Customs of War on Land and Annexed Regulations, Oct. 18, 1907, 36 Stat. p. 2277,1 Bevans p. 631 [hereinafter Hague Regulations].

45 George Schwarzenberger, li International Law As Applied By International Courts And Tribunals - The Law Of Armed Conflict p. 259(1968).

46 Canada's law of armed conflict manual defines pillage as“the violent acquisition of property for private purposes ….Pillage is theft.…” Office of the Judge Advocate General, The Law of Armed Conflict at the Operational and Tactical Level, B-GG-005-027/AF-021, p. 6-6.

47 Property in occupied territory receives special protection. Article 53 of Geneva Convention IV, supra note 6, prohibits destruction of private property there except where “rendered absolutely necessary by military operations.'’ Article 47 of the Hague Regulations, supra note 44, forbids pillage in occupied territory. Other relevant provisions include Articles 49, 51 and 52 (limiting levies, contributions and requisitions in occupied territory) and Article 53 (allowing occupying forces to take possession only of State property) of the Hague Regulations.

48 Ch. Rousseau, droit international public, pp. 346-347 (septieme, 1973). (“During the First World War, almost all belligerent States … took very rigorous restrictive measures, ranging from simple freezing (France) to the liquidation and saleof the assets of enemy subjects (Great Britain, Germany)…. [During the Second World War]: a regime analogous to that of 1914-constructed around the three ideas of control, freezing and liquidation - was applied by all belligerents.“)

49 Brownlie, supra note 21, at p. 514; Disputes, War And Neutrality, supra note 42, at pp. 326-331.

50 Treaty of Peace at Versailles, June 28, 1919, 225 Consol. T.S. p. 188. On the liquidation of German-owned private property by the Allied and Associated Powers under the Treaty of Versailles, see Schwarzenberger, supra note 45, at pp. 84-88.

51 Treaty of Peace with Italy (art. 79), with Bulgaria (art. 25), and with Hungary (art. 29).

52 See, e.g., Article 38 of Geneva Convention IV, requiring that “the situation of protected persons shall continue to be regulated, in principle, by the provisions concerning aliens in timeof peace.“

53 See para. 27 supra.

54 Unicef report on situation of deportees, Africa News (Aug. 19, 1998).