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Western Front, Aerial Bombardment and Related Claims, Partial Award—Eritrea’s Claims

Eritrea Ethiopia Claims Commission, 2005
Dec. 19, 2005, 45 I.L.M. 396 (2006)


Facts

Ethiopia bombed a large power station in Eritrea, causing significant damage. The power station was not yet fully operational at the time of the bombing. However, construction was substantially completed, and the station had been able to supply power to nearby areas, including a naval base and port, as part of a testing phase. The power station was to transmit power throughout Eritrea once fully operational. Eritrea brought a claim before an international arbitral commission, alleging that the bombing of the power station was unlawful, because the station was not a legitimate military objective. At trial, a witness for Eritrea conceded that the station “was going to be a major asset” for the country, because the plant being used to supply power to the area at the time was “on its last legs.” 

Rule of Law

Issue

Holding and Reasoning

Dissent (Van Houtte)

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