Claims Against Iraq (Category “B” Claims)

Abstract

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