1 On 4 June 1998, Ethiopia accepted the peace proposals submitted to both sides by the Us/Rwanda Facilitators. The key elements of the package are:

Withdrawal of Eritrean forces to the positions they had held before 6 May 1998:-

Restoration of the previous civilian administration in the area;

Peaceful lnegotiation on the border dispute on the basis of established colonial treaties and international law applicable to such treaties, with the participation of a qualified technical team.

2 On 5 June 1998, the OAU Council of Ministers meeting in a spsecial session in Ouagadougou, capital of Burkina Faso, urgently appealed to the two parties ' to put an end concurrently and sumultaneously, to all hositilities, accept and implement the recommendation of the [ US/Rwanda] facilitators.

The OAU Mission, under the Chairmanship of President Blaise Compaore of Burkina Faso and including the Presidents of Zimbabwe and Djibouti as well as the Secretary General of the OAU discussed on June 18 the implementation of the United states/Rwandan Facilitation Plan, which had become a plan adopted by the OAU, with the Ethiopian Prime Minister, Mr. Meles Zenawi. the Mission left for Asmara the same day and was told that Badme and its environs were Eritrean territory. The OAU Delegation briefed the Ethiopian Prime Minister on 19 June 1998 on the conclusion of its mission characterized as unsuccessful by secretary General Salim A. Salim of the OAU because, he said Eritrea rejected the plan proposed by the United States/Rwanda facilitators, accepted by Ethiopia and adopted by the OAU.

3 L. Oppenheim, International Law: A 'Treatise, 7th edition, 1948, 631

4 Fong Yue Ting V. United States, 149 U.S. 698, 707 (1892); Wong Wing v. United States, 163 U.S. 228, 231 (1898), Nicoli v. Brigges, 83 F. (2d), 375, 376 (C.C.A. 10th.1936); and Ex parte Pettine, 259 Fed. 733, 734 (D.Mass-1919).

5 L. Oppenheim, p. 632.

6 Ian Brounlie, Principles of Public International Law, 2nd edition, p. 506.

7 Max Soresen, Manual of Public International Law, 1968, p. 482.

8 D.P.O' Connell, International Law for Students, 1971, p. 287.

9 D.W. Greig, International Law, 2nd edition, 1976, p. 427.

10 Payappilly Itty Varghese, International Law and Organization, 1952, p. 301.

11 Ibid.

12 The influx of foreign national had increased in late 19 th and early 2o th centuries. There was a large community of Europeans in living in Ethiopia.

13 Jacques Auberson, Eude sur le Regime Juridique des 'Etrangers en Ethiopia (1936), p.54.

14 Ibid., 63.

15 Ibid.

16 The Proclamation Regulating the Issuance of Travel Documents and Visas, and Registration of foreigners in Ethiopia, Proc. No. 271/1969, Year 28, No. 25, Article 10(1) (a).

17 Ibid, Article 10 (a) (b).

18 Ibid. Article 7.

19 Ibid, Article 10 (2).

20 Ibid Article 3 (11).

21 Ibid Article 10 (5).

22 The United Nations Origanization Refugee Convention of 28 July 1951 [ 189 UNTS 137], Article 10(5).

23 In many other countries, courts only give recommendation for deportation.

24 The Ethiopian Penal Code of 1949, Articles 154 (2) and 155 (1).

25 Ibid., Article 155(2).

26 The Proclamation Regulating the Issuance of Travel Documents and Visas, and Registration of Foreigners in Ethiopia, Proc.No.271/1969,Year 28 No.25 Article 10(3)

27 Ibid, Article 10(4).

28 The Supreme Court of the United State of America, has confirmed the power of the political branches of the Government to exercise the power to deport foreign national. Insofar as the permission of Congress is not required, the court's position is opposed to submission of deportation decisions to judicial review. As the consensus is that a deportation order is not a punishment, neither constitutional safeguards nor judicial review are recognised regarding the grounds for deportation.

29 Updated memorandum by the Government of the Federal Democratic Republic of Ethiopia issued on July 16,1998.

30 M.N. Shaw, International Law, 2nd edition, 1986, pp. 428-429.

31 On " June 1998, the Ethiopian Government released a document on the organization of the EPLF network under zone 7 with four branches throughout Ethiopia.

32 This is published on June 12,1998 issue of London Times.

33 Chase case (U.S.A Mexico) Moore I.A., P. 3336,1846.

34 Ambassador Duri Mohammed's Letter No.9/1998/551,22 June, 1998.

35 International law does not prohibit the deportation en masse of foreign nationals, although such action may be treated an friendly act.

36 Eritrea has unleashed, the unprovoked aggression against Ethiopia in violation of Article 2 of the United Nations Charter which requires all members states to refain in their relations from the treat or use of force against the territorial integrity of political independence of any state. Eritrea has turned down all peace proposals in disregard of peaceful resolution of the conflict.

37 The fact that large number of undesirable foreigners are deported does not necessarily warrant that mass deportation is being carried out. For instance, the United States of America, a country to which every year tens thousands of peoples from different countries of the world migrate, deport large number of foreign nationals to their respective countries. For instance, from 1926 to 1946 every year tens of thousands of undesirable foreign nationals were deported by order of U.S. Attorney General Office. Despite this increased number of foreign nationals deported who found themselves in violation of the U.S Immigration law during these years, the United States' did not reflect a hostile attitude toward a group of people.