The POWs have been compelled to stroll from the front for hours or days over tough terrain, often in ache from their very own wounds, often carrying wounded comrades and Eritrean provides, often in harsh climate, and often with little or no meals and water. Eritrea supplied rebuttal proof that its soldiers confronted practically the same unavoidably difficult conditions, significantly given the dearth of paved roads in Eritrea. Next, the Commission paid specific consideration to measures which might be particularly required by Geneva Convention III, corresponding to the necessities for segregation of prisoners with infectious diseases and for regular bodily examinations. Timing apart, the Ethiopian POW declarants described extraordinarily onerous conditions of evacuation. The Commission began by considering Article 15’s idea of the maintenance of POWs, which it understands to imply that a Detaining Power should do these issues required to stop significant deterioration of a prisoner’s well being.
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The Claim seeks a discovering of the legal responsibility of the Respondent, the State of Eritrea (“Eritrea”), for loss, injury and harm suffered by the Claimant on account of the Respondent’s alleged unlawful therapy of its Prisoners of War (“POWs”) who have been nationals of the Claimant.
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Both accordingly drew to the Commission’s attention in assist of their positions the reviews of outdoor observers such as the ICRC, United Nations bodies, the British Home Office, the United States Department of State and international human rights non-governmental organizations. If prisoners’ property is taken, it must be receipted and safely held for later return. As within the Parties’ prior cases, there are deep and wide-ranging conflicts within the proof. Under Article 17, id paperwork can be consulted by the Detaining Power but have to be returned to the prisoner. The Commission believes that these obligations mirror customary international legislation. The tons of of sworn declarations submitted by the 2 Parties contained disagreements on many key information.