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International humanitarian legislation requires that each one departures, whether lawful or not, be performed humanely, “in satisfactory situations as regards safety, hygiene, sanitation and meals.”33 Eritrea contended that these situations weren’t met; Ethiopia contended that they have been. Accordingly, in the subsequent damages portion of the Commission’s proceedings, it will not be open to Eritrea to claim damages in respect of their particular person injuries. The Commission noted above that international regulation allows a belligerent to expel the nationals of the enemy State during wartime. Thus, to the extent that those expelled were Eritrean nationals, their expulsion was lawful, even when harsh for the people affected.

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