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United Nations Compensation Commission Governing Council: Decision Concerning Part Two of the First Instalment of Individual Claims for Damages Above US $100,000 (Category “D” Claims)

Published online by Cambridge University Press:  27 February 2017

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Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 37 , Issue 4 , July 1998 , pp. 897 - 912
Copyright
Copyright © American Society of International Law 1998

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References

* UN Document S/AC.26/Dec. 49 (1998).

1 The text of the report is attached hereto (document S/AC.26/1998/3).

1/ S/AC.26/1991/10.

2/ S/AC.26/1998/1.

3/ Three sets of outside expert consultants were retained to assist in the review of the Claim. One set of experts reviewed the non-art personal property claim and the D7 real property claim; another expert reviewed the claim in respect of the Islamic Art Collection; and another expert reviewed the claim concerning the Book Collection.

4/ See part VI of the First Report.

5/ See para. 76 of the First Report.

6/ S/AC.26/1996/R.16.

7/ See paras. 19-29 of the First Report.

8/ S/22409.

9/ Ibid., paras 9-10.

10/ S/22535, para. 367.

11/ As part of the methodology for D4 (MV) claims, the Panel accepted a drop registration certificate as proof of ownership and loss. Drop registration certificates were issued by the Traffic Department in Kuwait after the invasion, in order to certify deregistration of a motor vehicle due to loss or destruction of the vehicle as a result of the invasion and occupation of Kuwait by Iraq. See First Report, paras. 259-274.

12/ S/22709.

13/ See para. 272 of the First Report. In that paragraph, the Panel stated the following: “Generally speaking, a claimant should not be awarded more than the claimed amount”.

14/ See note 31 of the First Report.

15/ S/AC.26/1992/16.

16/ Ibid., paras. 2-3.