Litigating War: Mass Civil Injury and the Eritrea-Ethiopia Claims Commission

ISBN : 9780199793723

Sean D. Murphy; Won Kidane; Thomas R. Snider
1072 ページ
164 x 241 mm

Litigating War offers an in-depth examination of the law and procedure of the Eritrea-Ethiopia Claims Commission, which was tasked with deciding, through binding arbitration, claims for losses, damages, and injuries resulting from the 1998-2000 Eritrean-Ethiopian war. After providing an overview of the war, the authors describe how the Commission was established, its jurisdiction, the sources of law it applied, its treatment of nationality and evidentiary issues, and the relief it rendered. Separate chapters then address particular topics, such as the initiation of the war, battlefield conduct, belligerent occupation, aerial bombardment, prisoners of war, enemy aliens and their property, diplomats and diplomatic property, and general economic loss. A final chapter examines the lessons that might be learned from the experience of the Claims Commission, especially with an eye to the establishment of such commissions in the future. The volume includes a preface from James Crawford and also reproduces all the key documents relating to the Commission: the bilateral agreement establishing the Commission; its rules of procedure; and its numerous decisions and arbitral awards. The analytical portion of the volume contains extensive cross-references to these primary documents. Further, a comprehensive table of contents and indexes relating to subject matter, treaties, and cases provide ready access to all the material contained within.


I. Historical Overview of the Eritrea-Ethiopia War
II. Possible Mechanisms for Litigating Mass War-Related Injury
III. The Claims Commission: Establishment, Procedures, and Cross-Cutting Decisions
IV. Violation of the Jus Ad Bellum
V. Battlefield Violations
VI. Aerial Bombardment
VII. Belligerent Occupation
VIII. Prisoners of War
IX. Enemy Aliens and Property
X. Diplomatic Violations
XI. Lessons Learned


Sean D. Murphy is the Patricia Roberts Harris Research Professor of Law at the George Washington University Law School, and a Member of the U.N. International Law Commission. Professor Murphy has represented several countries in international courts and tribunals, including Ethiopia, Kosovo, Macedonia, Suriname, and the United States. He has published articles in a variety of national and international law journals, and his books include Principles of International Law (2nd Edition, 2012) and Foreign Relations and National Security Law (with Franck, Glennon & Swaine, 4th Edition, 2012). Professor Murphy has served on the Board of Editors of the American Journal of International Law and is a Member of the U.N. International Law Commission. ; Won Kidane is an Associate Professor of Law at the Seattle University School of Law. Professor Kidane joined the faculty of the Seattle University School of Law in 2008 and has since been teaching international arbitration and litigation, among other courses. Kidane has published several law review articles and a book entitled: China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration (2011). ; Thomas R. Snider is a Counsel in the international arbitration practice group at Wilmer Cutler Pickering Hale and Dorr LLP in Washington D.C. Since 2000, Mr. Snider has represented clients in a wide range of matters involving international dispute resolution, including state-to-state arbitration, international commercial arbitration, international investment disputes, and U.S. court litigation involving the Foreign Sovereign Immunities Act. He is the co-author, along with Professor Kidane, of Combating Corruption Through International Law in Africa: A Comparative Analysis, 40 Cornell International Law Journal 691 (2007).