Courts, Confidence, and Claims Commissions: The Case for Remitting to Iraqi Civil Courts the Tasks and Jurisdiction of the Iraqi Property Claims Commission (IPCC)

The Army Lawyer, 2005

15 Pages Posted: 20 Jun 2016

Date Written: March 1, 2005

Abstract

Saddam Hussein's government, and the social convulsions of its subsequent overthrow, left a wake of displaced persons. After years of ethnic cleansing, forced migrations of ethnic groups, and continuing conflict, up to one million Iraqis are estimated to be displaced in their own country. At least one American commander indicated that the instability caused by such displacement is one of the most serious problems facing the Coalition in the aftermath of the U.S. invasion.

To address this looming crisis, on 14 January 2004, the Coalition Provisional Authority in Iraq (CPA) promulgated a regulation to establish a commission "for the purpose of collecting and resolving real property claims and to promulgate procedures for promptly resolving such claims in a fair and judicious manner[.]" The impetus for the creation of such an entity was spurred by the desire to ease post-occupation instability and to quell violence caused by ethnic tensions and an otherwise offended polity. Despite its noble motive, however, the Iraqi Property Claims Commission (IPCC) failed.

This article argued that, given the existence of a functional civil law system in Iraq, the creation and perpetuation of the IPCC was not only an unnecessary waste of time and resources, but was detrimental to the goals of the Multinational Forces in Iraq.

Keywords: Iraq, property, property law, claims commission, iraqi property, CPA, coalition provisional authority, IPCC, iraqi property claims commission, displacement, displaced persons, IDP, IDPs

JEL Classification: K33, K11, N40, N45, R52

Suggested Citation

Stigall, Dan E., Courts, Confidence, and Claims Commissions: The Case for Remitting to Iraqi Civil Courts the Tasks and Jurisdiction of the Iraqi Property Claims Commission (IPCC) (March 1, 2005). The Army Lawyer, 2005, Available at SSRN: https://ssrn.com/abstract=2797457

Dan E. Stigall (Contact Author)

U.S. Department of Justice ( email )

United States

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