Volume 109 - 1998
Front matter
Prelims
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- 01 January 2021, p. i
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Case Report
Claims Against Iraq (Category “A” Claims)
- United Nations Compensation Commission. 15 September 1994 1 February 1995 23 March 1995 1 September 1995 31 October 1995 10 July 1996
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- 01 January 2021, pp. 1-117
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Claims — Mass claims processing — Claims arising out of Iraq's invasion and occupation of Kuwait — Claims for forced departure from Iraq or Kuwait — Methodology — Computer verification — Consideration of sample claims — Statistical analysis — Evidence — Fixed sums of compensation — Safeguards against double claiming
Claims — Nationality of claims — Dual nationality — Dual nationals possessing Iraqi citizenship — Whether other citizenship acquired in good faith — Whether necessary to show that other nationality effective — Claimants for whom no State will act — Standing of international organization to claim
Damages — Compensation for forced departure from Iraq or Kuwait — Fixed sums in compensation — Interest — Date from which interest payable — Date of invasion of Kuwait taken as date from which interest payable irrespective of actual date of loss
International organizations — United Nations — Security Council — Powers — Affirmation of Iraq’s liability to compensate for losses caused by invasion and occupation of Kuwait — Security Council Resolution 687 — Establishment of United Nations Compensation Commission — Nature and functions of Commission — Standing of international organizations to bring claims before the Commission
International tribunals — United Nations Compensation Commission — Nature and functions — Whether political or judicial organ — Procedure — Mass claims processing — Evidence — Relationship between Panel of Commissioners and Governing Council
State responsibility — For losses occasioned by invasion of another State — Iraqi invasion of Kuwait — Losses sustained by individuals forced to depart from Iraq or Kuwait — Proof that losses caused by the invasion
War and armed conflict — Consequences — Responsibility for violations of the laws of armed conflict — Responsibility for losses caused by invasion — Iraqi invasion of Kuwait — United Nations Compensation Commission
Claims Against Iraq (Category “B” Claims)
- United Nations Compensation Commission. 14 April 1994 10 November 1994 19 January 1995 20 October 1995
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- 01 January 2021, pp. 118-204
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Claims — Mass claims processing — Claims arising out of Iraq’s invasion and occupation of Kuwait — Claims for death or serious personal injury — Methodology — Computer verification — Consideration of sample claims — Statistical analysis — Evidence — Proof of torture and rape — Evidence required for other claims of death or personal injury — Hostages
Claims — Beneficiaries — Claims in respect of death — Who may submit claims — Definition of family member — Terms “parent” and “child” to be interpreted by reference to national law — Cases in which deceased had more than one spouse — Whether each spouse entitled to claim — Claims in respect of serious personal injury — Whether claim can be brought by someone other than the injured person — To whom compensation payable — Compensation for abortion and miscarriage — Whether to be treated as injuries to the woman — Relationship between serious personal injury and mental pain and anguish
Claims — Nationality of claims — Dual nationality — Dual nationals possessing Iraqi citizenship — Whether other citizenship acquired in good faith — Whether necessary to show that other nationality effective — Claimants for whom no State will act — Standing of international organization to claim — Claim by member of Iraqi Armed Forces who was not a citizen of Iraq
Damages — Compensation for death or serious personal injury — Fixed sums in compensation — Interest — Date from which interest payable — Date of invasion of Kuwait taken as date from which interest payable irrespective of actual date of loss
International organizations — United Nations — Security Council — Powers — Affirmation of Iraq’s liability to compensate for losses caused by invasion and occupation of Kuwait — Security Council Resolution 687 — Establishment of United Nations Compensation Commission — Nature and functions of Commission — Standing of international organizations to bring claims before the Commission
International tribunals — United Nations Compensation Commission — Nature and functions — Whether political or judicial organ — Procedure — Mass claims processing — Evidence — Relationship between Panel of Commissioners and Governing Council
State responsibility — For losses occasioned by invasion of another State — Iraqi invasion of Kuwait — Responsibility of Iraq for losses caused by the invasion and occupation of Kuwait — Causation — Proof — Claims for serious personal injury and death — Mine explosions occurring after the end of hostilities — Injuries sustained in States other than Iraq or Kuwait — Exclusion of claims for injuries to members of Coalition Armed Forces — Whether applicable to members of Kuwaiti Armed Forces injured in the invasion or shortly afterwards — Motor vehicle accidents — Injuries occasioned by lack of medical care
War and armed conflict — Consequences — Responsibility for violations of the laws of armed conflict — Responsibility for losses caused by invasion — Iraqi invasion of Kuwait — Responsibility for injuries to members of coalition armed forces — Prisoners of war and victims of violations of the law of armed conflict — United Nations Compensation Commission
Claims Against Iraq (Category “C” Claims)
- United Nations Compensation Commissi. 2 September 1994 30 March 1996 14 June 1996 16 October 1996
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- 01 January 2021, pp. 205-478
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Claims — Mass claims processing — Claims arising out of Iraq’s invasion and occupation of Kuwait — Claims for losses of less than US $100,000 sustained by individuals — Methodology — Computer verification — Consideration of sample claims — Statistical analysis — Evidence — Proof of physical injury — Proof of mental suffering — Proof of ownership and loss of property — Proof of causation — Safeguards against double claiming
Claims — Nationality of claims — Dual nationality — Dual nationals possessing Iraqi citizenship — Whether other citizenship acquired in good faith — Whether necessary to show that other nationality effective — Claimants for whom no State will act — Standing of international organization to claim
Damages — Compensation for losses sustained by individuals — Methods of assessment of compensation — Compensation for death, injury and mental pain and anguish — Valuation of property — Estimated valuations — Whether claimant ever entitled to more than the sum claimed — Employment-related losses — Loss of income from property — Exchange rates — Date at which amount to be converted from currency of loss into United States dollars — Interest — Date from which interest payable — Date of invasion of Kuwait taken as date from which interest payable irrespective of actual date of loss
International organizations — United Nations — Security Council — Powers — Affirmation of Iraq’s liability to compensate for losses caused by invasion and occupation of Kuwait — Security Council Resolution 687 — Establishment of United Nations Compensation Commission — Nature and functions of Commission — Standing of international organizations to bring claims before the Commission
International tribunals — United Nations Compensation Commission — Nature and functions — Whether political or judicial organ — Procedure — Mass claims processing — Evidence — Relationship between Panel of Commissioners and Governing Council
State responsibility — For losses occasioned by invasion of another State — Iraqi invasion of Kuwait — Losses sustained by individuals — Proof that losses caused by the invasion War and armed conflict — Consequences — Responsibility for violations of the laws of armed conflict — Responsibility for losses caused by invasion — Iraqi invasion of Kuwait — United Nations Compensation Commission
Well Blowout Control Claim
- United Nations Compensation Commission. 15 November 1996
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- 01 January 2021, pp. 479-551
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Claims — Large claims — United Nations Compensation Commission — Claim by the Kuwait Oil Company (“KOC”) for the cost of extinguishing fires at the oil well-heads in Kuwait — Evidence of cause of damage — Costs — Evidence that costs actually incurred — Attribution of costs to particular claims — Use of expert accountancy reports to verify costs
Damages — Principles — Claim by the KOC for the cost of extinguishing fires at the oil well-heads in Kuwait — Heads of damage — General principles of international law — Mitigation of damages — Interest — Date from which interest to be awarded — Date taken to be 19 October 1991 — Use of different date for calculating interest in other claims
Environment — Pollution — Environmental damage resulting from Iraq’s invasion and occupation of Kuwait — Security Council Resolution 687 — Iraq responsible for such damage — Provision for claims by States and international organizations in respect of environmental damage — Threat to environment caused by fires at oil well-heads in Kuwait — Claim by corporation — Whether admissible
International organizations — United Nations — Security Council — Powers — Affirmation of Iraq’s liability to compensate for losses caused by invasion and occupation of Kuwait — Security Council Resolution 687 — Establishment of United Nations Compensation Commission — Nature and functions of Commission — Standing of claimants
International tribunals — United Nations Compensation Commission — Nature and functions — Hearings before Panel of Commissioners — Quasi-judicial character — Application of rules of due process — Procedure — Consideration of evidence — Overlap between different claims
State responsibility — For losses occasioned by invasion of another State — Iraqi invasion of Kuwait — Iraqi responsibility for losses resulting directly from invasion and occupation — Proof of causation — Damage to oil wells — Allegation by Iraq that damage caused by Coalition armed forces — Whether relieving Iraq of responsibility — Application of general principles of State responsibility by United Nations Compensation Commission
War and armed conflict — Consequences — Responsibility for damage occasioned by armed conflict — Liability of aggressor — Iraqi invasion and occupation of Kuwait — Responsibility of Iraq for losses resulting directly from invasion and occupation — Damage to oil well-heads in Kuwait — Whether attributable to sabotage by Iraqi forces — Whether caused by Coalition armed forces’ bombing campaign — Whether Iraq responsible if damage caused by military operations of Coalition — United Nations Compensation Commission
Other
Additional Materials
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- 01 January 2021, pp. 552-686
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