Algiers Agreement (2000)

The purpose of the agreement was to:

• End/terminate hostilities permanently and agree to refrain from the threat or use of force.
• Respect and implement fully the provisions of an agreement on cessation of hostilities signed on 18 June 2000.
• Release and repatriate all prisoners of war and all other persons detained.
• Provide humane treatment to each other's nationals and persons of each other's national origin within their respective territories.

The agreement established three commissions: the Eritrea–Ethiopia Boundary Commission (to delimit and demarcate the border between the two states), the Eritrea–Ethiopia Claims Commission (to assess claims for damages stemming from the war), and an independent and impartial body appointed by the UN Secretary General to investigate the beginnings of the war.^[1][2]

Each commission was composed of five members and located in The Hague, Netherlands. Each country was to appoint two commissioners who were not nationals of the country. The president of each commission was selected by the other commissioners. Provision was made that if they failed to agree on a president within 30 days, the Secretary-General of the United Nations would appoint a president after consultation with the parties. The Boundaries Commission and the Claims Commission would work with the Permanent Court of Arbitration to judge each party’s claims.^[3][4]

In July 2001, the Commission sat to decide its jurisdiction, procedures and possible remedies. The result of this sitting was issued in August 2001. In October 2001, following consultations with the Parties, the Commission adopted its Rules of Procedure. In December 2001, the Parties filed their claims with the commission. The claims filed by the Parties relate to such matters as the conduct of military operations in the front zones, the treatment of POWs and of civilians and their property, diplomatic immunities and the economic impact of certain government actions during the conflict.^[5]

On 13 April 2002, the Eritrea–Ethiopia Boundary Commission, in collaboration with Permanent Court of Arbitration in The Hague, agreed upon a "final and binding" verdict. The ruling awarded some territory to each side, but Badme (the flash point of the conflict) was awarded to Eritrea.^[6][7] At the same time, on 21 December 2005, another commission at the Permanent Court of Arbitration ruled that Eritrea broke international law when it attacked Ethiopia in 1998, triggering the broader conflict.^[8] At the end of 2005, final awards had been issued on claims on Pensions, and Ports. Partial awards have been issued for claims about: Prisoners of War, the Central Front, Civilians Claims, the Western and Eastern Fronts, Diplomatic, Economic and property losses, and Jus ad bellum.

The Ethiopia–Eritrean Claims Commission ruled that:

15. The areas initially invaded by Eritrean forces on that day [12 May 1998] were all either within undisputed Ethiopian territory or within territory that was peacefully administered by Ethiopia and that later would be on the Ethiopian side of the line to which Ethiopian armed forces were obligated to withdraw in 2000 under the Cease-Fire Agreement of 18 June 2000. In its Partial Award in Ethiopia’s Central Front Claims, the Commission held that the best available evidence of the areas effectively administered by Ethiopia in early May 1998 is that line to which they were obligated to withdraw in 2000. ...

16. Consequently, the Commission holds that Eritrea violated Article 2, paragraph 4, of the Charter of the United Nations by resorting to armed force to attack and occupy Badme,

then under peaceful administration by Ethiopia, as well as other territory in the Tahtay Adiabo and Laelay Adiabo Weredas of Ethiopia, in an attack that began on 12 May 1998, and is liable to compensate Ethiopia, for the damages caused by that violation of international law.

— Eritrea Ethiopia Claims Commission^[9]

Both countries initially vowed to accept the decision wholeheartedly the day after the ruling was made official.^[10] A few months later, however, Ethiopia requested clarifications, then stated it was deeply dissatisfied with the ruling.^[11][12][13] In September 2003, Eritrea refused to agree to a new commission,^[14] which they would have had to agree to if the old binding agreement was to be set aside,^[15] and asked the international community to put pressure on Ethiopia to accept the ruling.^[14] In November 2004, Ethiopia accepted the ruling "in principle".^[16]

Still, the border question remained in dispute. In September 2007, Ethiopia alleged that Eritrea was violating the agreement, and warned that it could use this as grounds to terminate or suspend the agreement.^[17] In November 2007, the EEBC concluded the demarcation phase of the Algiers Agreement;^[18] by the end of 2007, however, an estimated 4000 Eritrean troops remained in the 'demilitarized zone' with a further 120,000 along its side of the border. Ethiopia maintained 100,000 troops along its side,^[19][20] and low-scale conflict had continued in the meantime.^[21]

Overall, while the treaty succeeded in stopping the full-scale war, it failed to fully resolve the border dispute, as the fighting over this would continue until 2018.^[22]

Christine Gray, in an article in the European Journal of International Law (2006), questioned the jurisdiction of the Claims Commission to decide whether Eritrea had violated international law, saying that "there were many factors which suggested that the Commission should have abstained from giving judgment," and that making this ruling through an arbitration court was inappropriate. Additionally, she stated that the hearing for this claim – according to the Algiers Agreement – was to be heard by a separate commission, and to be an investigation of exclusively factual concern, not compensation.^[23]

The Ethiopian government under the leadership of new prime minister Abiy Ahmed unexpectedly announced on 5 June 2018 that it fully accepted the terms of the Algiers Agreement. Ethiopia also announced that it would accept the outcome of the 2002 UN-backed Eritrea-Ethiopia Boundary Commission (EEBC) ruling which awarded disputed territories including the town of Badme to Eritrea.^[24]

• 2018 Eritrea–Ethiopia summit
• Ethiopia–Tigray peace agreement

• De Guttry, Andrea; Post, Harry H. G.; Venturini, Gabriella (2009). The 1998-2000 war between Eritrea and Ethiopia: an international legal perspective. The Hague: T.M.C. Asser Press. ISBN 978-90-6704-291-8.
• Murphy, Sean D.; Kidane, Won; Snider, Thomas R. (2013). Litigating war: arbitration of civil injury by the Eritrea-Ethiopia Claims Commission. Oxford: Oxford University Press. ISBN 978-0-19-979372-3.
• Romaniuk, Scott Nicholas; Mott, Christopher Douglas (March 2011). "Playing Poker with the Rule of Law: The United Nations and International Peacebuilding Strategies during the Eritrean-Ethiopian War". Journal of Politics and Law. 4 (1): 3–14.

 

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Algiers Agreement

• Full text of Algiers Agreement, UN Peacemaker
• All Peace Agreements for Eritrea, UN Peacemaker
• All Peace Agreements for Ethiopia, UN Peacemaker