CLAIMS AGAINST IRAQ

Claims Under the November 14, 2012 Referral

By letter dated November 14, 2012, U.S. Department of State Legal Adviser Harold Hongju Koh requested, pursuant to 22 U.S.C. § 1623(a)(1)(C), that the Commission adjudicate claims of U.S. nationals against Iraq for personal injury (First Iraq Claims Program).  The November 2012 referral consisted of claims of U.S. nationals who had already received compensation from the State Department under the 2010 Claims Settlement Agreement for hostage-taking, and authorized the Commission to award additional compensation to those individuals, provided they could show, among other things, that they suffered a “serious personal injury” during their detention.  The referral covered injuries arising from certain specified acts, such as “sexual assault, coercive interrogation, mock execution, or aggravated physical assault.”  On March 26, 2013, the Commission published notice in the Federal Register announcing the commencement of the First Iraq Claims Program pursuant to Title I of the International Claims Settlement Act of 1949 and the Legal Adviser’s November 2012 referral letter.  Notice of Commencement of Iraq Claims Adjudication Program, and of Program Completion Date, 78 Fed. Reg. 18,365 (March 26, 2013). 

The Commission received 28 claims pursuant to the November 2012 referral letter and rendered Final Decisions in all of the claims, issuing awards totaling $14.5 million.  All of the Commission's decisions are now posted on the Final Opinions and Orders page of this website.  Following completion of the program on February 2, 2016, see 80 Fed. Reg. 72,738 (November 20, 2015), the Commission made a final certification of the awards to the Secretary of the Treasury for payment, in accordance with section 5 of the ICSA (22 U.S.C. § 1624).

Claims Under the October 7, 2014 Referral

Under 22 U.S.C. § 1623(a)(1)(C), the Commission was authorized to adjudicate claims of U.S. nationals against a foreign government that were included in a category of claims referred to it by the Secretary of State.  On October 7, 2014, the Legal Adviser of the U.S. Department of State referred to the Commission for adjudication three categories of claims within the scope of the Claims Settlement Agreement Between the Government of the United States of America and the Government of the Republic of Iraq(“CSA”), signed on September 2, 2010.  The categories referred were as follows:

Category A: This category shall consist of claims by U.S. nationals for hostage-taking by Iraq in violation of international law prior to October 7, 2004, provided that the claimant was not a plaintiff in pending litigation against Iraq for hostage taking at the time of the entry into force of the Claims Settlement Agreement and has not received compensation under the Claims Settlement Agreement from the U.S. Department of State.

Category B: This category shall consist of claims of U.S. nationals for death while being held hostage by Iraq in violation of international law prior to October 7, 2004.

Category C: This category shall consist of claims of U.S. nationals for any personal injury resulting from physical harm to the claimant caused by Iraq in violation of international law prior to October 7, 2004, provided that the claimant: 1) had pending litigation against Iraq arising out of acts other than hostage taking; 2) has not already been compensated pursuant to the Claims Settlement Agreement; and 3) does not have a valid claim under and has not received compensation pursuant to Category B of this referral.

On October 23, 2014, the Commission published notice in the Federal Register announcing the commencement of adjudication of claims under this program.  Notice of Commencement of Claims Adjudication Program, 79 Fed. Reg. 63,439(October 23, 2014).  The Commission set a deadline of October 23, 2015 for the filing of claims.  On April 3, 2020, the Commission published notice in the Federal Register announcing the completion of the adjudication of claims .  Notice of Completion of Claims Adjudication Program, 85 Fed. Reg. 65 (April 3, 2020).

ADJUDICATION STATUS

Below please find the final claim statistics of the Commission's adjudication under this Referral.  For more detailed information, please refer to the program index.