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The UN Compensation Commission: Old Rules, New Procedures on War Reparations

Andrea Gattini

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Abstract

Since its inception, the legitimacy of the United Nations Compensation Commission (UNCC) has been controversial, particularly the Security Council's competence to establish it. In this article, the author maintains that the UNCC, although it represents an unprecedented example of institutionalized international cooperation, follows and improves on the tradition of international law rules on war reparations. Although some of its procedural and substantial aspects might be open to criticism, the work hitherto accomplished by the various UNCC panels shows a very high standard of legal skill and fairness, and has contributed significantly to the clarification and development of various international law rules on claims settlement. Nevertheless, a final political compromise with Iraq is necessary if the UNCC is to be acknowledged as the first fully successful model of a collective relief system organized by the international community in response to an aggression.

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