Claims Against Iraq (Category “C” Claims)

Abstract

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