The UN Security Council on Tuesday voted unanimously to end Iraq’s requirement to compensate victims of its 1990 invasion of Kuwait, with Baghdad having paid out more than US$50 billion to 1.5 million claimants.
Michael Gaffey, Ireland’s ambassador to the UN in Geneva, Switzerland, and president of the governing board of the UN Compensation Commission, whose fund decided on the claims, told the council after the vote that the body’s work was a “historic achievement for the United Nations and for effective multilateralism.”
“Ultimately, 2.7 million claims were submitted to the commission seeking US$352 billion in compensation,” he said, and the US$52.4 billion awarded to 1.5 million claimants “represents approximately 15 percent of the total claims.”
Photo: Reuters
Under a Security Council resolution adopted in April 1991 after a US-led coalition routed then-Iraqi president Saddam Hussein’s forces and liberated Kuwait in the first Gulf War, Iraq was required to set aside a percentage of proceeds from its oil exports for the fund to compensate victims of the conflict.
That share was 5 percent in 2013, when the council voted to end the possible military enforcement of several requirements imposed on Iraq after the invasion in recognition of improved relations with Kuwait. The level stood at 3 percent for Iraq’s final payment on Jan. 13.
Gaffey said the governing council adopted its final decision on Feb. 9 declaring that Iraq’s government had fulfilled its international obligations to compensate for losses and damages suffered as a direct result of its unlawful invasion of Kuwait.
He said the fund’s governing council gave priority to claims by individuals who were forced to leave Iraq or Kuwait, to those who suffered injuries, or whose spouse, child or parent died, or who suffered personal losses of up to US$100,000.
He said this humanitarian decision “marked a significant step in the evolution of international claims practice.”
However, there were also companies and businesses that received funds. Kuwait Petroleum Corp successfully claimed US$14.7 billion for oil production and sales losses resulting from damage to the country’s oil fields during the 1990-1991 Iraqi invasion and occupation.
The Security Council resolution adopted on Tuesday affirms that Iraq has fulfilled its international obligations, that “Iraq is no longer required to deposit a percentage of proceeds from export sales of petroleum, petroleum products and natural gas into the fund,” and that the commission’s claims process “is now complete and final and that no further claims shall be made to the commission.”
The council terminated the commission’s mandate under the 1991 resolution and ordered it to conclude outstanding matters so it can close by the end of this year.
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