Practice Relating to Rule 150. Reparation
Iraq’s Law Compensating the Victims of Military Operations, Military Mistakes and Terrorist Actions (2009) states:
This law aims to compensate any individual harmed [by] military operations, military mistakes, and terrorist attacks, and to define the extent of damage, [the] basis of such compensation, and the means to demand it.
Article 2 Related Provisions:
The compensation stipulated in this law includes the following damages:
1. [Martyrdom and loss resulting from operations covered by the Act;]
2. Total or partial disability[, on the basis of a report from a competent] medical committee[;]
3. [Injuries and other instances requiring temporary treatment, on the basis of a report from a competent] medical committee[;]
4. Damage to property[;]
5. Damage related to [employment or study].
In pursuit of this law, the following entities shall be established:
First. A central commission designated as “The Central Commission for Compensating the Victims of Military Operations, Military Mistakes and Terrorist Actions”, based in Baghdad and affiliated to the Presidium of the [C]ouncil of [M]inisters.
Second. A branch commissions in Baghdad, and in the Kurdistan region, as well as in every region that would be established in the future, and in every province not affiliated to a region, designated as “The Branch Commission for Compensating the Victims of Military Operations, Military Mistakes and Terrorist Actions”. Such branch commission is entitled to initiate branches in its areas of operation, following the approval of the Central Commission.
First. The Central Commission shall assume the following duties:
a. Ratifying recommendations issued by the branch commissions related to [compensation for] property and missing persons … , including amending or nullifying [them], after the passage of the contestation period stated in Article 7 of this law.
First. Military, Ministry of Interior’s, and other security organizations’ personnel, both rank-and-file and temporarily contracted, are entitled [to the] following compensations:
a. Families of killed victims receive ID [Iraqi Dinars] 5,000,000 (Five million).
b. Victims of 75–100% disability receive ID 5,000,000 (Five million).
c. Victims of 50–75% disability receive ID 2,500,000 (Two and a half million).
d. Victims of less than 50% disability receive ID 2,000,000 (Two million).
Second. For other persons not covered with the classification stipulated in “First” above, the following compensations apply:
a. Families of killed victims receive ID 3,750,000 (Three million seven hundred and fifty thousand).
b. Victims of 75–100% disability receive ID 3,750,000 (Three million seven hundred and fifty thousand).
c. Victims of 50–75% disability receive not less than ID 2,000,000 (Two million) but not exceeding ID 3,000,000 (Three million).
d. Victims of less than 50% disability receive ID 1,750,000 (One million seven hundred and fifty thousand).
Victims’ families and victims of total and partial disabilities are awarded a residential piece of land, provide[d] that they do not own another property. Line Ministries are obligated to take the necessary actions.
First. Students who [suffered damages to] their studies [as a] consequence of incidents related to this law shall be allowed to return to their studies according to regulations set by competent departments.
Second. Civil servants [who] lost their jobs [as a] consequence of incidents related to this law shall be allowed to return to their jobs or jobs similar to their original jobs and shall be entitled [to receive] the salarie[s] and allowances due during the period of their absence.
Individuals who received judicial verdicts for terror crimes in accordance with Terrorism Law [No.] 13/2005 are excluded from the provisions of this law until proven innocent.
Article 19: Related Provisions
This law is considered as valid starting from March 20, 2003.
Armed and security forces and other security organizations’ personnel are covered by this law until the issuance of a law specifically covering these categories.
In 1996, in a letter to the UN Secretary-General, Iraq reported that “a number of United States warplanes dropped 10 heat flares in the Saddam Dam area of Ninawa Governorate in northern Iraq” and affirmed “the legally established right of the Republic of Iraq to seek compensation for the damage caused by these unwarranted actions by the United States, in accordance with the principle of international responsibility”.
In 2012, in its initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, Iraq stated:
[T]he Compensation for Persons Affected by Military Operations and Errors and Terrorist Operations Act No. 20 of 2009 was enacted. The Act aims to compensate any natural person harmed as a result of hostilities, military operations and errors. The Act provides for compensation in the following cases:
1. Martyrdom and loss resulting from operations covered by the Act;
2. Total or partial disability, on the basis of a report from a competent medical committee;
3. Injuries and other instances requiring temporary treatment, on the basis of a report from a competent medical committee;
4. Damage to property;
5. Damage related to employment or study.
Pursuant to the Act, victims or members of their family shall be granted fair compensation or a retirement pension, in accordance with the situation of the victim.