The situation between Iraq and Kuwait - Security…

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The Security Council unanimously adopted today a resolution confirming that the United Nations Compensation Commission has fulfilled its mandate in processing claims and paying compensation for losses and damage suffered by Kuwait as a direct result of Iraq’s unlawful invasion and occupation of its territory in 1990.

By the terms of resolution 2621 (2022), the 15-member Council decided that the Commission, formed in 1991, has fulfilled its mandate under resolutions 687 (1991) and 692 (1991) and other relevant resolutions of the Security Council.

Also by that text, the Council further reaffirmed that Iraq has fulfilled its international obligations to compensate all claimants awarded compensation by the Commission for direct loss, damage — including environmental damage and the depletion of natural resources — or injury to foreign Governments, nationals and corporations as a result of its unlawful invasion and occupation of Kuwait.

Also by the text, the Council decided to terminate the mandate of the Commission, and, in accordance with Decision No. 277 of the Governing Council, directs the Commission to conclude the outstanding matters necessary for its closure and for the dissolution of the Fund by the end of 2022, and to return to the Government of Iraq any amounts remaining in the Fund at the point of dissolution.

The United Nations Compensation Commission was created in 1991 as a subsidiary organ of the Security Council, with a mandate to process claims and pay compensation for losses and damage suffered as a direct result of Iraq’s unlawful invasion and occupation of Kuwait.

Following the adoption, Michael Gaffey, President of the Governing Council of the United Nations Compensation Commission, submitted its final report to the Council. It summarizes the Commission’s work since inception, almost 31 years since the Council reaffirmed Iraq’s liability under international law for any direct loss or damage resulting from its invasion and occupation of Kuwait. It also established the Compensation Commission and the Compensation Fund under Security Council resolution 692 (1991).

Ultimately, he noted, 2.7 million claims were submitted to the Commission, seeking $352 billion in compensation, and with the final payment by the Commission on 13 January 2022, a total of $52.4 billion in compensation was awarded to 1.5 million claimants — representing approximately 15 per cent of the total claimed. He said that was an historic achievement, representing the first successful example of recourse for individuals to seek compensation from an aggressor State.

He specified that the Council treated on an urgent basis the resolution of claims of individuals forced to leave Iraq or Kuwait; the claims of those who suffered serious personal injuries or whose spouse, child or parent died; and the claims of those who suffered personal losses of up to $100,000. He also affirmed that all decisions by the Council over three decades were adopted by consensus. “In marking this historic milestone, our thoughts are above all with the people of Iraq and Kuwait, who have borne a long and painful legacy of this conflict,” he said. Citing the remarkable level of national, regional and international cooperation, he said “it is not every year that a United Nations body successfully completes its work and is dissolved”, demonstrating what multiple States with different interests can achieve through positive cooperation at the United Nations.

When the floor opened for debate, speakers hailed the fulfilment of the Compensation Commission’s mandate as a landmark achievement in the history of the Security Council.

Kenya’s delegate affirmed that “rarely does the Security Council meet to consider the closure of a file following the full implementation of its decision”, describing the event as a benchmark occasion for the United Nations and multilateralism.

Ireland’s representative said the fulfilment of the mandate marks an unprecedented achievement in the annals of international claims resolution, representing the first case of individuals having recourse to seek compensation from an aggressor State.

Iraq’s Foreign Minister said the close of the 30-year-long chapter allows his country to embark on a new diplomatic, political and economic journey. In line with the resolution just adopted, Iraq has fulfilled its mandate and will no longer accept future compensation claims nor be liable for additional payments, he emphasized. He pointed out that his country carried out its obligations according to the timetable set by the Commission, despite facing economic losses due to terrorism, and stressed the need to lift measures imposed upon Baghdad under Chapter VII of the Charter of the United Nations.

Kuwait’s delegate welcomed the unanimous adoption of the resolution, the adoption of the principle of compensation and the display of strong resolve to address the terms of the initial aggression. Those efforts were intended not to punish the aggressor but to ensure accountability, he emphasized, explaining that settling claims is key to building trust and clearing up any issues in order to forge relations.

The representative of the United States said the Compensation Commission can be judged as a successful mechanism for post-conflict management, with the completion of its work serving as a reminder that “the impact of war extends for decades, even after the actual fighting may have ended”. He cautioned that Member States should continue to take actions that help to prevent armed conflict.

However, the Russian Federation’s delegate, while commending Iraq’s efforts, noted that since the crisis broke out in 1990, that country endured sanctions pressure that morphed into collective punishment of the Iraqi people. Recalling that the invasion of Iraq by the United States was carried out under the pretext of destroying non-existent weapons of mass destruction, he emphasized inadmissibility of double standards and unilateral coercive measures.

Also speaking were representatives of the United Kingdom, France, United Arab Emirates, Mexico, India, Gabon, Norway, China, Albania, Ghana and Brazil.

The meeting began at 3:04 p.m. and ended at 4:23 p.m.