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War Reparations and the UN Compensation CommissionDesigning Compensation After Conflict$
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Timothy J. Feighery, Christopher S. Gibson, and Trevor M. Rajah

Print publication date: 2015

Print ISBN-13: 9780199389735

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780199389735.001.0001

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Applicable Law

Applicable Law

Jus ad Bellum, Jus in Bello, and the Legacy of the Un Compensation Commisson

Chapter:
(p.48) (p.49) (p.50) (p.51) Chapter 3 Applicable Law
Source:
War Reparations and the UN Compensation Commission
Author(s):

Veijo Heiskanen

Nicolas Leroux

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199389735.003.0003

The legal foundation of the UNCC is resolution 687 (1991), in which the Security Council reaffirmed Iraq’s liability for its unlawful invasion and occupation of Iraq. This chapter explores the legal nature of this determination, and its implications in terms of the rules of international law applicable to the UNCC. It addresses whether in assessing the overall legitimacy of the work of the UNCC, resolution 687 should be characterized as a quasi-judicial determination holding Iraq liable for a breach of its legal obligations under the UN Charter, or as an executive decision, that is, as a determination made for the purpose of restoring international peace and security. It also addresses whether, given that Iraq’s liability arises out of its invasion and occupation of Kuwait, the law applicable before the Commission was jus in bello, or the law of armed conflict, or jus ad bellum, the law of peace.

Keywords:   resolution 687, applicable law, jus in bello, jus ad bellum, United Nations Charter, Article VII

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