Lawrence W. Newman has been a partner in the New York office of Baker & McKenzie since 1971, when, together with the late Professor Henry deVries, he founded the litigation department in that office. He is the author/editor of 4 works on international litigation/arbitration.
Michael Burrows, Formerly, Of Counsel, Baker & McKenzie, New York.
On August 2, 1990, Iraq invaded Kuwait. In retaliation, the United States, along with coalition forces from across the globe, responded to this aggression with Operation Desert Storm, leading to Iraq's surrender and the end of the war on March 2, 1991. Shortly thereafter, on April 3, 1991, the United Nations Security Council declared in its Resolution 687 that: "Iraq ... is liable under international law for any direct loss, damage, including environmental damage and the depletion of natural resources, or injury to foreign governments, nationals and corporations, as a result of Iraq's unlawful invasion and occupation of Kuwait."1 Resolution 687 established Iraq's liability and provided the basis for the United Nations Compensation Commission ("UNCC"), which would hear and resolve claims against Iraq arising out of the Gulf War.2 Since over five years have passed since the "unlawful invasion" it is appropriate at this time to examine the consequences of the actions taken by the United States and the United Nations.