April 7, 2010 - 1 PM
YFIL Graduate Talking Series - Isaias Yemane Tesfalidet
The Yale Forum on International Law (YFIL) is pleased to welcome
Isaias Yemane Tesfalidet
an L.L.M. student from Eritrea, who will present his paper
"Construal of the Rules on Legitimate Military Objectives under the Laws of War (jus in bello) by the Eritrea-Ethiopia Claims Commission"
April 7 at 1:00 p.m., Room 109
Isaias Yemane Tesfalidet
an L.L.M. student from Eritrea, who will present his paper
"Construal of the Rules on Legitimate Military Objectives under the Laws of War (jus in bello) by the Eritrea-Ethiopia Claims Commission"
April 7 at 1:00 p.m., Room 109
The
decision of the Eritrea-Ethiopia Claims Commission (established to
ajudicate through binding arbitration claims arising out of violations
of international law including the Geneva Conventions during the
1998-2000 war) to declare the Hirgigo power station a legitimate
military objective raises some serious questions on understanding of
the military objectives in times of conflict and the liberty that
dispute settlement organs such as this Commission enjoy in
international humanitarian law litigation while interpreting key terms.
The presentation will try to highlight some flaws in the award,
particularly the interpretation of Article 52 of Additional Protocol I
to the Geneva Conventions, and discuss how the totality of the handling
of the dispute by the Commission may create an erroneous precedent for
future international decisions regarding the definition of legitimate
military objectives in the realm of international humanitarian law.












