My MUN Policy Statement - Alessandra Cestaro

 

Delegation: Kuwait.

General Assembly,6th Committee,Legal.

Question of: ‘Compensation to civilian victims, or their surviving heir, of armed conflict.’

Article 91 of the First Protocol to the Geneva Conventions 1949 provides that a party to an international armed conflict which violates the provisions of the Conventions or the Protocol ‘shall, if the case demands, be liable to pay compensation’. This Protocol is to be protected and respected by the parties to the conflict.

Subsequently, in 1991 the United Nations Compensation Commission was created as an sub-organ of the UN’s Security Council. The direct purpose to its establishment was that of processing claims to pay compensation for losses and damage (suffered under all forms) as an immediate result of Iraq’s 1990-1991 invasion and occupation of Kuwait. The Kuwaiti population suffered loss of property, of business, pain and anguish, disruption of families and so the development of a high rate of orphanage. Kuwaitis are still suffering now, due to long-term effects of the Iraqi faulting actions such as neurotoxic driven-diseases due to the exposure to drugs and chemicals. Children are frequently found to have forms of cancer unknown in Kuwait before the war, such as bone cancer in small infants and breast cancer in twelve-year olds; who were not even alive at the time of war. These are civilian victims: people constituting an innocent third party but living others’ faults on their own skin.

Kuwait, being the direct interest of the UNCC’s instalment totally agrees with its action and is committed to enhancing it. On the other hand, our delegation believes that the compensation to Kuwaitis is not sufficient. The country counts 5000 deaths of civilians caused by the Gulf War and its post-effects, together with other 1000 predicted deaths due to the incredible crisis in public health, caused by environmental damage and climatic alteration of the Iraqi attack. 87% of the war veterans’deaths is attributed to post-war diseases, showing that most probably not all damage of the Gulf war has died out still.

However, it is by no means incomprehensible that Iraqi civilian victims possess equal innocence to Kuwaitis and as such have to be compensated in an identical manner. The UNCC never lacked this understanding and so facilitated Iraq’s compensation debts by proposing and promoting the ‘Oil-For-Food Program’ enabling a humanitarian aid after the indefinable destructivity of the war. The Security Council Resolution 1330 of 4 December 2000 achieved a formalized compromise and reduced the percentage of revenue from the program that would be allocated for compensation to 25%. No matter the smoothening of the fee: it was not respected. 

Kuwaitis claiming compensation gave a total of 2’686’131 requests for a cost of 350 $ billion. The UNCC awarded Iraq a compensation fee of only 52 $ billion which would have satisfied 1.543.619 claims. Iraq only paid 22.5$ billion not respecting the UNCC’s amendment and failing to fulfil the compensation of innocent Kuwaiti victims. Moreover, if the level of awards for claims increases at the present rate, Iraq will eventually own about 117.7$ billion in compensation and will not have paid off its debt even by 2070. (according to ‘Le Monde’ newspaper.)

Kuwait, overall, is enthusiast about the proclamation of the sub-order UNCC and the action it has taken. However, this delegation feels more pressure should be put on the faulting nations condemned to resolve victim’s deprivations and agonies. Otherwise the victim’s stolen and offended lives will not get justice in change of their infringed human rights.

This dispute regards our country very closely but our awareness of the centrality of this issue throughout our international community is extremely high. Armed conflicts are increasing nowadays, examples are world-wide Somalia, Sudan, Afghanistan and right now Gaza, Palestine and Israel. Because the frequency of them taking place is rising rapidly, the gravity, the weight of this problem must not diminish in the nations’ conscience. As many already do, all should install NGO’s and create tangents for the International Committee of the Red Cross, both essential participants in the protection of civilians during armed conflict.