University Of Minnesota Human Rights Library

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In rebuttal, Eritrea presented proof that its own forces, at least to some extent, endured these same tough transportation conditions, notably given the shortage of paved roads in Eritrea. The Ethiopian POW declarations consistently recount hours and days of travel on overcrowded military vehicles or buses, over rough roads, in extremes of heat and cold, with few if any bathroom breaks and little if any food and water. Earlier sections of this Award address Ethiopia’s claims alleging violations of core components of this regime involving killings, bodily or mental abuse of POWs, or matters important to POWs’ survival, corresponding to food, housing and medical care. As noted beforehand, Geneva Convention III establishes a particularly detailed regime.

The success of constitutionalising climate clauses would depend on a model new theory of constitutionalism that is ready to deliver these competing objectives. ‘The formulation and execution, via law, of a plan of territorial ordering that ensures the efficient and sustainable use of the natural resources of the Nation, in accordance with the need of adaptation to local weather change, is a priority of the State’. ‘The State shall, within the utilisation of natural assets and administration of the environment—[…] set up and implement mechanisms that tackle climate change’. ‘The State has a policy to guard the surroundings; manages, and successfully and stably use natural resources; protects the character and biodiversity; takes initiative in prevention and resistance in opposition to pure calamities and response to local weather change’. 65 On the other hand, it will need a conception of respectable order and authority that simultaneously delivers the requirements of excellent government, including constraints, transparency, accountability and the rule of legal guidelines of common software.

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