United Nations Security Council Resolution 2621 – The situation between Iraq and Kuwait (UN Compensation Commission)
Resolution 2621 (2022)
The Security Council,
Recalling all of its relevant resolutions on Iraq, including 660 (1990), 674 (1990), 686 (1991), 687 (1991), 692 (1991), 1483 (2003) and 1956 (2010),
Taking note with appreciation of the Final Report of the Governing Council of the United Nations Compensation Commission (“the Governing Council”) to the Security Council (UN Doc. S/2022/104), on the United Nations Compensation Commission (“the Commission”) and the United Nations Compensation Fund (“the Fund”),
Underlining Decision No. 277 of the Governing Council of 9 February 2022, which declared that “Iraq has fulfilled its international obligations to compensate all claimants awarded compensation by the Commission for losses and damages suffered as a direct result of Iraq’s unlawful invasion of Kuwait”, and decided that “effective immediately, the Government of Iraq is no longer required to deposit a percentage of proceeds from export sales of petroleum, petroleum products and natural gas into the Fund”,
Noting that the Commission was established by the Security Council for payment of compensation in relation to the liability identified in para. 2 (b) of resolution 686 (1991), paras. 16 and 18 of resolution 687 (1991) and resolution 692 (1991),
Appreciating the commitment of the Government of Iraq to meeting its obligations under relevant Security Council resolutions and Governing Council decisions and its cooperation over the lifespan of the Commission, and commending its resolute efforts in this respect even under difficult circumstances,
Appreciating also the cooperation of the Government of Kuwait with both the Commission and the Government of Iraq, and commending the goodwill it has shown to the Government of Iraq during the Commission’s process, including its support for Iraq’s requests to suspend its deposits into the Fund in 2014, 2015 and 2016,
Welcoming the improved relations between Iraq and Kuwait,
Acknowledging the involvement by international organisations and other member States in the Commission’s claims process and distribution of awards,
Acting under Chapter VII of the Charter of the United Nations,
- Decides that the Commission has fulfilled its mandate under resolutions 687 (1991) and 692 (1991) and other relevant resolutions of the Security Council;
2. Reaffirms that Iraq has fulfilled its international obligations to compensate all claimants awarded compensation by the Commission for direct loss, damage
– or injury to foreign Governments, nationals and corporations as a result of its unlawful invasion and occupation of Kuwait, as set out in paragraphs 16 and 18 of resolution 687 (1991)and resolution 692 (1991);
3. Confirms that the Government of Iraq is no longer required to deposit a percentage of proceeds from export sales of petroleum, petroleum products and natural gas into the Fund;
4. Confirms that the Commission’s claims process is now complete and final and that no further claims shall be made to the Commission;
5. Encourages recipients of environmental remediation and restoration awards issued by the Commission to continue carrying out projects consistent with existing commitments, and keeping Iraq appropriately informed of progress on the projects through the United Nations Secretariat;
6. Requests the United Nations Secretariat to provide access to the Government of Iraq, upon its request, to the claims records of the Commission, in accordance with relevant archival policies and procedures of the United Nations for this purpose;
7. Decides to terminate the mandate of the Commission, and, in accordance with Decision No. 277 of the Governing Council, directs the Commission to conclude the outstanding matters necessary for its closure and for the dissolution of the Fund by the end of 2022, and to return to the Government of Iraq any amounts remaining in the Fund at the point of dissolution;
8. Decides to conclude its consideration of compensation by the Commission for liability as set out in paragraphs 16 and 18 of resolution 687 (1991) and resolution 692 (1991) and that upon completion of the outstanding matters described in paragraph 7, the Commission shall be closed and the Fund shall be dissolved.
Adopted by the Security Council at its 8972nd meeting, on 22 February 2022.
