Eritrea-Ethiopia Claims Commission – Partial Award: Civilian Claims – Eritrea’s Claims 15, 16, 23 and 27-32

Published: 17/Dec/2004
Source: Reports of International Arbitral Awards (UN)

Summary of decision includes: Nationality—issuance of passports considered as evidence of a continued nationality—competency of a State not yet recognised de jure by the international community to confer its nationality—no automatic loss of a previous  nationality implied by the acquisition of a second nationality—no per se termination of dual nationality due to the occurrence of a war—question of dual national and loss of nationality in wartime not addressed by international humanitarian law—limitation of the State’s discretion to deprive its nationals having acquired a second nationality of its nationality by the right for each individual not to be deprived arbitrarily of one’s nationality and to become stateless—obligation to give adequate information to the individual subject to a procedure of deprivation of  nationality—lawful deprivation of nationality to dual nationals having freely decided to leave the country during the war for the enemy State or already living there—unlawful deprivation of nationality to remaining dual nationals not identified as a threat to national security or who were living in a third State.

Download decision: Eritrea-Ethiopia_Claims-Commission

Themes: Mass Expulsions, Dual Nationality, Loss and Deprivation of Nationality, State Succession, New States
Regions: Eritrea, Ethiopia
Year: 2004