REPORT AND RECOMMENDATIONS MADE BY THE D2 PANEL OF COMMISSIONERS CONCERNING PALESTINIAN INDIVIDUAL CLAIMS FOR DAMAGES

See Report and recommendations made by the Panel of Commissioners concerning the sixth instalment of individual claims for damages above USD 100,000 (category D' claims) (S AC.26 2000 24) (the Sixth Instalment Report ).

See Report and recommendations made by the Panel of Commissioners concerning part one of the first instalment of individual claims for damages above US 100,000 (Category D' claims) (S AC.26 1998 1), paragraph 223.

The total amount of compensation sought is USD 613,814,608, comprising USD 574,200,000 for damage to aquatic biota, USD 16,599,464 for damage to shoreline resources and USD 23,015,144 for lost recreational opportunities.

According to the Gender Equality Act an injured party may demand compensation for damage and termination of the harmful activity.

Claim No. 5000460 is for compensation for damage to or depletion of terrestrial, marine and groundwater resources, including the expenses of compensatory projects proposed to address the damage or depletion.

No compensation is recommended where it has not been possible to determine what proportion of the damage, if any, can reasonably be attributed directly to Iraq's invasion and occupation of Kuwait.

Some delegations expressed support for the requirement to have appropriate financial security to cover claims for compensation as proposed in paragraph 3.

Mindful of this risk, the Panel has only recommended compensation for losses that are either personal to the claimant in this instalment or advanced on behalf of eligible family members or eligible business partners.

The Commission then advised these individual claimants to resubmit their claims for business losses on category D claim forms.

Iraq, therefore, argues that all claims for compensation for interim loss of non commercial environmental resources should be rejected.

The buyer's right to recover the sum prepaid had to be set off against the damages suffered by the seller, so that there was no liability of the latter.

The D2 Panel of Commissioners is one of two Panels appointed to review individual claims for damages above 100,000 United States dollars (USD) (category D claims).

LEGAL FRAMEWORK Mandate of the Panel The mandate of the Panel is to review the F4 claims and, where appropriate, recommend compensation.

The Committee expressed concern that women lacked access to remedies to claim compensation for damages upon violation of the rights set out in the Convention.

The background to these groups of claims is set out in the Report and recommendations made by the Panel of Commissioners concerning the first instalment of Palestinian late claims' for damages up to USD 100,000 (category C' claims) (S AC.26 2003 26).

After these transfers and additions, the claims remaining in the thirtieth instalment therefore relate to 25 claims for the losses of 24 companies and are hereinafter referred to as the claims in this instalment . They are set out in table 1 below.

In a number of instances, claimants appeared not to recognize the types of losses or amounts claimed in their claims or some of the documents provided in support of their claims.

In the first F4 report, the Panel recommended awards for monitoring and assessment projects to identify and evaluate damage or loss suffered as a result of Iraq's invasion and occupation of Kuwait.

With respect to the stand alone claims in this instalment, there is one occasion where more than one claim has been filed for the losses of the same company by the same individual claimant.

Three of the claims in this instalment include a claim for what the Panel considers to be the individual claimant's equity interest in a company.

For that reason, the Panel finds that claims for compensation for mental pain and anguish can only be brought by individuals who satisfy the criteria established by the Governing Council in its decision 3.

Iraq states that Kuwait's claim for loss of individual well being is inadmissible because it relates to losses suffered directly by individuals who could have submitted such claims to the Commission.

In the fourth F4 instalment, Saudi Arabia submitted a claim for the cost of remediating marine subtidal damage.

Three of the 605 detainee claims include D8 D9 (individual business) loss claims for losses sustained by Kuwaiti companies, of which the deceased detainees were shareholders.

Saudi Arabia notes that it did not claim the costs of restoration for these two items of damage in its claim No. 5000455, which was reviewed in the fourth F4 instalment.

The claim unit reviewed in this report is for compensation for the loss incurred as a result of the damage to subtidal habitats until they recover to pre invasion conditions.

Summary of recommended awards for the claims of Kuwait Claims of the Kingdom of Saudi Arabia Overview In the fifth F4 instalment, the Panel reviewed four claims submitted by Saudi Arabia for damage resulting from Iraq's invasion and occupation of Kuwait.

Some of these projects were intended to provide information to assist with the review of substantive claims by producing scientific and technical information about the nature and extent of environmental damage and potential remediation measures.

See Report and recommendations made by the Panel of Commissioners concerning the seventh instalment of individual claims for damages up to US 100,000 (category C' claims) (S AC.26 1999 11) (the Seventh C' Report ).

Damage to natural resources without commercial value Some of the claims in the fifth F4 instalment are for compensation for losses in relation to natural resources alleged to have been damaged as a result of Iraq's invasion and occupation of Kuwait.

See Report and recommendations made by the Panel of Commissioners concerning part one of the first instalment of individual claims for damages above US 100,000 (category D' claims) (S AC.26 1998 1), paragraphs 61 63.

Hence, a claim for equity interests is generally duplicative of other asset losses already claimed.

Protocol to Amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage and Convention on Supplementary Compensation for Nuclear Damage

Consequently, with regard to the claim for damage to areas other than the core and peripheral areas, the Panel finds that Saudi Arabia has failed to meet the evidentiary requirements for compensation as specified in article 35(3) of the Rules.

Saudi Arabia recalls that it submitted a claim in the fourth F4 instalment for the costs of restoration of the damage described in paragraphs 588 and 589 above.

In this regard, the Panel notes that Iraq does not deny that claimants are entitled to claim compensation for the temporary loss of resources which have an economic value ( which are traded in the market ), such as fisheries and crops.

A significantly greater number of claimants in this instalment than in the regular category D claims programme filed for losses resulting from Iraq's criminalization of the use of the Kuwaiti dinars and the imposition of the Iraqi dinars as the official currency of Kuwait during the occupation period.

The Claimants maintain that the methodologies adopted by them in estimating damage suffered by them or the compensation claimed for such damage are fully in accordance with Security Council resolution 687 (1991) and Governing Council decision 7 and are not inconsistent with any rules or principles of international law.

The compensation did not take into account the broad impairments of reduced quality of life or the increased risks that Iraq imposed on the entire populations of the Claimants.

Both claimants claimed for their respective share of the joint venture's losses only.

Subject matter Equal treatment in relation to compensation for expropriation of property

The Panel recommends compensation in relation to the claim for loss of support and MPA.

Considers, that Azerbaijan has the right for appropriate compensation with regard to damages it suffered, and puts the responsibility for the adequate compensation of these damages on Armenia.

While they currently seek compensation, they sought a remedy of restoration at an earlier point and of their own accord modified those pleadings to omit this aspect of remedy.