environmental contexts that shaped the nation‟s policy on national security are not accepted by Eritrea as they negate interlink of peace and security, and human right and development. 288. The Eritrea-Ethiopia border dispute was settled through a final and binding delimitation (2002) and demarcation (2007) rulings of the Independent Eritrea-Ethiopia Boundary Commission (EEBC). However, Ethiopia continues to occupy sovereign Eritrean territories in defiance to international law, the Algiers Peace Treaty, the EEBC arbitral ruling and the successive UNSC resolutions on the matter. Hence, the occupation constitutes a violation of the Eritrean people‟s right of sovereignty. This constitutes flagrant acts of aggression with consequences for regional peace and security but the International system and in particular the UNSC have failed to shoulder their responsibility. 289. Eritrea is also subjected to unjust and illegal UN Security Council sanctions since 2009. The pretext of an imminent threat to International Peace is irrational, illegal and unjust. The UNSC also forfeited its International Obligation of Good Faith (Article 2-2 of the UN Charter) by succumbing to the dictation of the US which continuously worked to twist and intimidate some members to pass sanction on Eritrea. The pretense that the request came from the AU is also not true. Furthermore, Article 39 of the Charter also dictates that the UNSC cannot pass the responsibility to invoke Chapter VII to any other organization. Hence, the sanctions also violate the right of the Eritrean people to development. Furthermore, the Eritrean people‟s right to live in peace without any threats is also violated as Eritrea also faces the belligerent stance of the US and its proxy, Ethiopia. In this context, the dream of regime change has been typical in the last 18 years. Various alternatives starting from inciting an all-out war under the pretext of a border dispute and the protracted political, economic, social and cultural conspiracies and military threats have been waged against Eritrea since 1998. The irony is that while Eritrea was faced with an arms embargo and denied of its legitimate right for self-defense, the architects of the sanction continued to arm the Ethiopian Government and destabilize the Horn of Africa. 290. The Eritrean people and Government remained resilient to defend the country‟s national security. This emanates from the belief that the biggest responsibility to the martyrs of the Eritrean liberation struggle is to never compromise on its national security. In spite of their influences, the hostilities have not been able to roll back the progress of the nation. 291. (ii) In Defense of national security 292. In a situation where the country was faced with war and hostilities, officials of Government were also detained in 2001 for conspiring and attempting to overthrow the legal government of the country and for colluding with hostile foreign powers with a view to compromise the sovereignty of the country; for undermining Eritrean national security and endangering Eritrean society and the general welfare of its people during a time of war. These are violations of the Transitional Penal Code of Eritrea: attacks on the independence Page 73 of 100

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