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Claims Against Iraq (Category “A” Claims)
Published online by Cambridge University Press: 01 January 2021
Abstract
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
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- © Cambridge University Press 1998