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Roman
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Posts: 1217
Joined: 18 Apr 2018, 17:09

How Ethiopia Can Void Eritrean Independence: ICJ

Post by Roman » 24 May 2022, 02:20

I have over the years spoken to lawyers specializing in international boundaries and laws on the issue of the Eritrean independence and what legal arguments Ethiopia has to void it.

Facts
- Eritrea's independence was declared in 1993
- The EPRDF led by the TPLF wasn't elected officially by Ethiopians till 1995

Here's the argument:

A. Ethiopia in 1993 had no elected government to make that decision. - The TPLF/EPRDF was part of the transitional government and its election occurred in 1995 not 1993. (Therefore Ethiopia had no say in this matter)


The United Nations had faced this similiar issue recently in Crimea where separatists with the help of Russia declared independence without consent of legally elected government of Ukraine. United Nations responded to this by refusing to recognize the independence of Crimea or its annexation by Russia.


B. Here's the law the government of Ethiopia should use:

UN charter:
A. Article 2-1: No State shall claim or exercise sovereignty or sovereign rights over any part of the Area or its resources, nor shall any State or natural or juridical person appropriate any part thereof. No such claim or exercise of sovereignty or sovereign rights nor such appropriation shall be recognized.

Ethiopia's sovereign rights were taken by force which is illegal under the UN charter & international law.

Where should we legally settle this matter?

I say the International Court of Justice

Axumezana
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Posts: 4056
Joined: 27 Jan 2020, 23:15

Re: How Ethiopia Can Void Eritrean Independence: ICJ

Post by Axumezana » 24 May 2022, 02:51

That is a good point ! Abiy should not issue congratulatory message and has to declare it's does not recognize the sovereignty of Eritrea. That will help at least to negotiate Red Sea Access for Ethiopia and a second chance for the Ethiopia's in Eritrea for to have a free and fair referendum.


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