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Reports of International Arbitral Awards, Vol. XXVI

image of Reports of International Arbitral Awards, Vol. XXVI

International arbitral and judicial awards are of considerable importance, for they are a subsidiary means for the determination of the rules of law as provided in Article 38 of the Statute of the International Court of Justice. They are also important from the point of view of the progressive development of international law, a task which Article 13 of the Charter places under the responsibility of the General Assembly of the United Nations. This Volume XXVI contains decisions of the Eritrea-Ethiopia Claims Commission as well as additional decisions of the Eritrea-Ethiopia Boundary Commission.

English, French

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Partial Award, Western and Eastern Fronts—Ethiopia’s Claims 1 & 3, decision of 19 December 2005

Question of evidence—difficult assessment of credibility of conflicting evidence— requirement of clear and convincing evidence—sworn witness declarations considered as a more trustworthy form of written testimony than sworn claims forms—limited weight given to ambiguous intercepts of Eritrean military communications— lowered standard of evidence for rape claims—difficulty to evaluate description of events passed through multiple layers of translation.

English, French

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