ADDIS ABABA UNIVERSITY

DEPARTMENT OF LAW

SECTION 2

PUBLIC INTERNATIONAL LAW ASSIGNMENT

NAME ID

[Link] Kassa UGR/2665/14

Submitted to; [Link] Alemayhu

Submission date;December/22/2024
[Link] Overview

Political tensions, border disputes, and territorial claims are all part of the complicated historical

background of the Ethiopia-Somalia conflicts. These issues stem largely from the colonial era,

when arbitrarily drawn borders divided ethnic communities, sowing the seeds of discord that

persist to this day. Following their independence, these tensions escalated, further straining

relations between the two nations. Recently, hostilities have intensified, particularly after

Ethiopia entered into an agreement with Somaliland—a self-declared independent region—in

January 2024. Somalia views this move as a direct affront to its territorial sovereignty.

Amid this fraught backdrop, the Ankara Agreement, facilitated by Turkey, represents a pivotal

effort to address the enduring conflicts. The agreement aims to foster dialogue and cooperation

between Ethiopia and Somalia while upholding the sovereignty and territorial integrity of both

nations. This essay explores the Ethiopia-Somalia conflict and the Ankara Agreement through

the lens of international law, examining key principles, mediation strategies, relevant case law,

and the humanitarian considerations that underpin these disputes.

 [Link] Context of the Disputes [Factual Background]
The Ogaden region, which is primarily inhabited by Somalis in Ethiopia, is the focal point of the
main territorial dispute. Following its independence in 1960, Somalia claimed the Ogaden,
claiming that the land belonged to the Somali people, who were separated into several states.
This allegation sparked the Ogaden War (1977-1978), in which Somalia invaded Ethiopia in an
attempt to conquer the territory. The conflict ended in a significant setback for Somalia, resulting
in a shift in regional power balances.1
In the years thereafter, several incidents, including cross-border conflicts and political tensions,
have exacerbated relations between Ethiopia and Somalia. The rise of militant groups like Al-
Shabaab complicated matters even more, as Ethiopia moved in Somalia to tackle these threats,
prompting charges of violating Somalia's sovereignty.2

3. International Law Based Analysis

Before seeing it under the scope of international law it is good to understand the recent situation
that leads to the current international law based analysis.
Current Events
Ethiopia and Somaliland, a self-declared sovereign region that has not gained international
recognition, reached an agreement in January [Link] Ethiopia is landlocked, the main
benefit of this agreement was access to the Red Sea port of Berbera, which is essential to its

1 Menkhaus, K. (2007). "The Crisis in Somalia: Tragedy in Five Acts." African Security Studies, 16(2), 1-10.

2 "Ethiopian-Somali War Over the Ogaden Region (1977–1978)"on black past

"Buried in the Sands of the Ogaden: Lessons from an Obscure Cold War Flashpoint in Africa"

23 [Link]
sea_6726567_

3
trade. The Somali government was enraged by the deal because it saw it as a clear violation of its
territorial integrity and sovereignty.

In reaction to mounting tensions, Turkey, a rising diplomatic power in the area, has initiated a
mediation initiative.4 Following separate discussions in Ankara with Ethiopian Prime Minister
Abiy Ahmed and Somali President Hassan Sheikh Mohamud, Turkey encouraged talks to
resolve the disagreement. These negotiations, scheduled for February 2024, attempt to address
the fundamental difficulties raised by the Ethiopia-Somaliland agreement in the goal of restoring
diplomatic relations and encouraging regional [Link] Ankara Agreement marks a
watershed moment in East African diplomacy, demonstrating the value of negotiation in settling
complex territory disputes. The willingness of both sides to participate in negotiations represents
a significant shift in an area long plagued by conflict and instability.

Now we go back to the international law analysis

[Link] law's applicability

The International Court of Justice highlighted the importance of colonial borders and historical
treaties in assessing territorial claims in the "Frontier Dispute Case".5

The notion that historical background and acknowledgment of current borders are essential in
settling conflicts is supported by this example. The borders from the colonial era are crucial to
comprehending the validity of both countries' claims to the disputed areas in the Ethiopia-
Somalia situation.[International Court of Justice. (1986). Burkina Faso/Mali Frontier Dispute
Case.]
Finally, the ''Arbitral Award in the Boundary Dispute between Eritrea and Ethiopia (2002)''
provides guidance on how to settle boundary disputes in the Horn of Africa. The decision, which
upheld Ethiopia's territorial sovereignty, highlights the importance of international arbitration is
used to resolve conflicts, and both parties must agree to the ruling in order to maintain a
permanent peace.

4 International Crisis Group. (2024). "Ethiopia and Somalia: A Fragile Peace." Retrieved from [International Crisis
Group]([Link]

5 Burkina Faso/Mali, case in 1986

The other Important precedents for comprehending territorial disputes and the application of
international law principles can be found in international case law. Since it established the idea
that efficient control and ongoing government are essential components in deciding sovereignty,
the "Island of Palmas Case (1928)" is very pertinent.6 The Permanent Court of Arbitration
decided in the Netherlands' favor in this case, upholding its claim to the island on the basis of
administrative authority and historical presence.
The approach established in the "Island of Palmas Case" can guide the debates around the
Ogaden region in the context of the Ethio-Somalia issues. Somalia's claims are complicated by
Ethiopia's long-standing administrative control over this region, underscoring the need of
efficient government in territorial conflicts
[Link] Conflict Resolution and Mediation
In international law, mediation is a vital instrument for amicably settling conflicts. Chapter VI of
the UN Charter places a strong emphasis on the value of amicable dispute resolution techniques
like conciliation, mediation, and negotiation. When mediation is done well, it can give disputing
parties a forum to discuss their issues and look for solutions that work for both of them.7

One crucial element in reducing tensions is Turkey's mediation involvement in the Ethiopia-
Somalia conflicts. Turkey is upholding the values set forth in international law by mediating
negotiations between Ethiopia and Somalia, encouraging communication over disputes. The
potential for diplomacy to promote regional stability is highlighted by the impending
negotiations, which are intended to address the issues raised by the Ethiopia-Somaliland accord.

Nevertheless, a number of circumstances, including as the parties' willingness to negotiate in

good faith and the involvement of outside influences, might affect how effective mediation is. As
mentioned, Turkey's attempts at mediation may be hampered by the participation of regional

6 Permanent Court of Arbitration. (1928). Island of Palmas Case (Netherlands v. United States). Reports of International Arbitral
AwUnited Nations Charter, Chapter VI:

[Link] Settlement of Disputes

Article 33ards, Vol. II, p. 829

7United Nations. (2016). Guidance for Effective Mediation.

countries like the United Arab Emirates and the complicated historical background of
Somaliland's status. In order for mediation to be successful, these outside influences must be
addressed while making sure that Somalia and Ethiopia both feel their interests and sovereignty
are upheld.

C. Regional and Humanitarian Consequences

Given the continuous wars in both countries, the Ethio-Somalia tensions have significant
humanitarian ramifications. Millions of people's lives and means of subsistence are at risk as
tensions build due to the possibility of more violence and instability. Internal armed conflicts
have caused food insecurity, displacement, and ethnic bloodshed throughout the Horn of Africa.

Beyond Ethiopia and Somalia, the Ankara Agreement has regional ramifications. Greater
collaboration between East African countries could result from a successful settlement of their
differences, which could improve trade, security, and economic growth. On the other hand, if
these tensions are not resolved, they may intensify already-existing conflicts, attract other actors,
and further destabilize the area.

furthermore In these kinds of confrontations, international law is essential to defending human

rights. In order to lessen the impact of conflicts on populations that are already at risk,
humanitarian law principles—such as the protection of civilians and the proscription against
attacking non-combatants—are essential. The Ankara Agreement presents a chance to give
humanitarian issues top priority and guarantee that any settlement upholds the rights and dignity
of individuals impacted by the conflicts.

Last but not least we got

[Link] of Sovereignty and Territorial Integrity
According to the Montevideo Convention, the fundamental tenets of international law are
sovereignty and territorial integrity. The requirements for statehood are outlined in Article 1 of
this Convention and include having a government, a permanent population, a defined territory,
and the ability to interact with other states. When examining the validity of territorial claims, like
the contested Ogaden region, this paradigm is essential.8

8 Shaw, M. N. (2017). International Law. Cambridge University Press.

The internationally recognised concepts of sovereignty and territorial integrity, as contained in
the United Nations Charter and the Montevideo Convention on the Rights and Duties of States
(1933), are central to the Ethio-Somalia issues. Article 2(4) of the UN Charter emphasises the
prohibition of using force to undermine a state's territorial integrity or political independence.
This principle emphasizes that governments must respect each other's boundaries and avoid
activities that could jeopardize neighbouring countries' sovereignty.9

In the framework of the Ethio-Somalia disputes, Ethiopia reached a deal with Somaliland in
January 2024 that recognised Somaliland's authority while granting Ethiopia access to the
Berbera port. This deal generated serious issues about Somalia's sovereignty, as it effectively
recognised an area claiming independence without international recognition. The Somali
government sees this as a direct insult to its territorial integrity, claiming that it violates the
principles set by the Montevideo Convention.

While Ethiopia claims that the agreement gives important economic benefits and trade access,
Somalia sees it as a violation of its territorial integrity. The case exemplifies a basic tension
between national interests and international legal standards, as Ethiopia's activities may be
interpreted as undermining Somalia's claim to the Ogaden region and larger Somali territory. The
idea of self-determination is particularly relevant, as the people of Somaliland have declared
independence and seek international recognition. However, the larger backdrop of the dispute
complicates matters, as the international community generally supports the current borders set
during the colonial period. This conflict between self-determination and territorial integrity
presents a serious challenge to international law in handling the Ethio-Somalia crisis.
The Ankara Accord: A Positive Development?
1. Important Clauses and Their Legal Consequences
The pledge to hold talks to resolve the disagreements resulting from Ethiopia's agreement with
Somaliland is one of the main tenets of the Ankara Agreement. This clause highlights the value

9 United Nations. (1970). Declaration on Principles of International Law concerning Friendly Relations and

Cooperation among States.

of diplomacy in handling complicated matters while also being consistent with the peaceful
dispute settlement tenets of international law. A change in regional dynamics is shown in both
countries' readiness to put communication above confrontation by agreeing to discuss.

The pact also included pledges to advance shared prosperity and strengthen economic
cooperation. Considering the economic difficulties both nations are facing, this factor is
especially pertinent. Since economic connection frequently lowers the likelihood of conflict,
increased commerce and cooperation can act as a foundation for stability. However, it is also
necessary to take into account the legal ramifications of such economic arrangements, especially
with regard to adherence to international trade laws and regulations.

2. Difficulties and Restrictions

Notwithstanding the beneficial structure the Ankara Agreement established, a number of obstacles and
restrictions may prevent it from being implemented. The agreement's enforcement mechanism is one of
the main challenges. The parties may find it difficult to keep their promises in the absence of a strong
framework to guarantee compliance, which could result in ongoing hostilities.

Support from the international community will be crucial to the Ankara Agreement's implementation.
External assistance can promote communication and supply the resources required for peacebuilding
initiatives. However, as seen by the engagement of the UAE and Turkey, conflicting interests among
international entities may also make matters more difficult. Overall, there are still many obstacles to
overcome even though the Ankara Agreement is a positive beginning in addressing the Ethiopia-Somalia
conflicts. To guarantee the agreement's effectiveness and promote enduring peace in the area, it will be
crucial to address enforcement procedures, political will, and possible uncertainties.

Additionally, Another essential component of the agreement's successful implementation is political will.
Despite internal pressures and long-standing grievances, the accord must be given top priority by both
Somali and Ethiopian officials. The political environment may become more complex due to the
existence of conflicting interests, especially those of outside parties like the United Arab Emirates and the
dynamics of regional rivalry. Furthermore, there can be ambiguities or holes in the agreement that could
cause disagreements in the future. For example, the details of how to handle the territorial claims over the
Ogaden region are still up for debate, despite the obvious pledge to respect each other's sovereignty. The
possibility of rekindled conflict endures in the absence of a clear framework for dealing with such
divisive topics.

REFERENCES - Bercovitch, J., & Houston, A. (2000). "Conflict Resolution and the Management of International Relations."
International Studies Review, 2(1), 1-24.

- International Court of Justice. (1928). Island of Palmas Case.

- International Court of Justice. (1986). Frontier Dispute Case (Burkina Faso/Mali).

- Human Rights Watch. (2023). "Human Rights in the orn of Africa: A Report on the Humanitarian Crisis."

- United Nations Office for the Coordination of Humanitarian Affairs (OCHA). (2023). "Horn of Africa: Humanitarian Response
Plan."

- Turkish Ministry of Foreign Affairs. (2024). "Joint Declaration on the Ankara Agreement.

- International Law Association. (2020). *Mediation in International Disputes*.

- United Nations. (1945). Charter of the United Nations.

- Lewis, I. M. (2002). A Modern History of the Somali: Nation and State in the Horn of Africa. Ohio University Press.

- Menkhaus, K. (2007). "The Crisis in Somalia: Tragedy in Five Acts." African Security Studies, 16(2), 1-10.

- BBC News. (2024). "Ethiopia and Somalia agree to end bitter Somaliland port feud."

- International Crisis Group. (2024). "Ethiopia and Somalia: A Fragile Peace." Retrieved from [International Crisis Group]
([Link]

- United Nations. (1970). Declaration on Principles of International Law concerning Friendly Relations and Cooperation among
States.

- Shaw, M. N. (2017). International Law. Cambridge University Press.

- United Nations. (2016). Guidance for Effective Mediation.