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war in that a State that violates the law of war shall, if the case demands, be liable to paycompensation. 17618.16.1 Agreements Between States Settling Claims. Claims may be addressed byinternational agreements between States. 177Peace treaties or other agreements concluded in connection with the cessation ofhostilities have sometimes addressed liability for violations of the law of war committed duringthat conflict. 178 Parties to the 1949 Geneva Conventions, however, cannot absolve one anotherof liability for grave breaches of the Geneva Conventions. 17918.16.2 International Claims Commissions. Compensation claims have also beenaddressed by international claims commissions established by agreement by the Parties. 180claims commission may also be established by the U.N. Security Council. 181A176 HAGUE IV art. 3 (“A belligerent party which violates the provisions of the said Regulations shall, if the casedemands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of itsarmed forces.”).177 For example, GREENSPAN, MODERN LAW OF LAND WARFARE 405 (“A recent example of the obligation of a stateto pay compensation for war crimes for which it is responsible is the agreement on reparations signed atLuxembourg on September 10, 1952, between the Federal Republic of Germany (West Germany) and Israel. Thisagreement, together with the appended protocols, provides for the payment by Western Germany to Israel of3,450,000,000 marks ($822,000,000 or £287,000,000) to make good, within the limits of its capacity, the materialdamage caused by the ‘unspeakable criminal acts [which] were perpetrated against the Jewish people during theNational Socialist régime of terror.’”) (amendment in original); Dean Acheson, The Secretary of State to the SwissMinister, Oct. 21, 1949, 64 STAT. B1097 (“I have the honor to refer to previous correspondence, and also to oraldiscussions between officials of your Government and the Government of the United States concerning claimsasserted by your Government for compensation for losses and damages inflicted on persons and property inSwitzerland during World War II by units of the United States armed forces in violation of neutral rights. On behalfof the United States Government, I wish to offer to your Government in full and final settlement of the balance dueon all claims of the character referred to in the preceding paragraph the sum of 62,176,433.06 Swiss francs, whichincludes interest through October 21, 1949. The offer is made with the understanding that the Swiss Governmentaccepts responsibility for making payment of the individual claims involved.”).178 GREENSPAN, MODERN LAW OF LAND WARFARE 592 (“Even apart from express provision in the peace treaty forpayment of indemnities or reparations, it will be recalled that compensation is payable in a proper case for violationof the rules of warfare. In general, although this last obligation extends beyond the termination of the war, a statemay provide in the peace treaty for the extinguishment or restriction of its liability in this connection.”).179 Refer to § 18.9.3 (Grave Breaches of the 1949 Geneva Conventions).180 For example, Agreement Between the Government of the State of Eritrea and the Government of the FederalDemocratic Republic of Ethiopia, art. 5(1), Dec. 12, 2000, 2138 UNTS 93, 97 (“Consistent with the FrameworkAgreement, in which the parties commit themselves to addressing the negative socio-economic impact of the crisison the civilian population, including the impact on those persons who have been deported, a neutral ClaimsCommission shall be established. The mandate of the Commission is to decide through binding arbitration allclaims for loss, damage or injury by one Government against the other, and by nationals (including both natural andjuridical persons) of one party against the Government of the other party or entities owned or controlled by the otherparty that are (a) related to the conflict that was the subject of the Framework Agreement, the Modalities for itsImplementation and the Cessation of Hostilities Agreement, and (b) result from violations of internationalhumanitarian law, including the 1949 Geneva Conventions, or other violations of international law. TheCommission shall not hear claims arising from the cost of military operations, preparing for military operations, orthe use of force, except to the extent that such claims involve violations of international humanitarian law.”); Treaty1090

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