With respect to the claims in this instalment, the Panel notes that in some cases the only credible evidence of the claimant's ownership of the business is either a pre or post invasion attestation from the licence holder attesting to the claimant's ownership of the business.

The Court held the wording to be sufficiently broad to include tort claims, thus concluding for the power of the arbitral tribunal to award damages in tort.

These claims lack either the claimant's signature or evidence of authority to act on the part of the individual who filed the claim on behalf of the claimant.

The claim form contains an affirmation by the claimant that he or she suffered direct losses as a result of Iraq's invasion and occupation of Kuwait and has not previously filed a claim with the Commission.

This claimant seeks compensation in the amount of USD 171,000,600 for D8 D9 business losses allegedly sustained by his unincorporated business as a direct result of Iraq's invasion and occupation of Kuwait.

Some claims in the fourth instalment lacked either (a) the claimant's signature affirming the information provided in the claim and the losses being claimed, or (b) evidence of authority on the part of the individual who filed the claim on behalf of the claimant.

For example, in UNCC claim No. 3012210 the claimant, who was 22 years old at the time of the invasion, asserted tangible property and profit losses totalling USD 5.6 million for his auto repair shop in Kuwait.

The Panel noted that several of the auditors had included pre invasion client lists in support of their claims.

The Republic of Croatia is therefore of the opinion that the elaboration of the order of precedence in which such claims could be filed shall depend on clarification of the provision concerning the right to reparation, as well as the establishment of legal certainty in respect of the right to claim reparation for violations of human rights and humanitarian law.

No compensation has been recommended for C7 Real Property losses where claimants fail to establish the fact of ownership.

The fifth F4 instalment consists of 19 claims submitted by six governments (collectively the Claimants ) concerning damage caused by Iraq's invasion and occupation of Kuwait.

While the claimants in this instalment claimed for D2 and D3 losses more frequently than claimants in the regular category D claims programme and asserted higher claimed amounts, 103 of the 117 claims are not recommended for compensation as the claimants failed to prove the essential requirements of ownership, loss or causation.

The affirmation is provided when the claimant or his or her authorized representative signs the claim.

Three of the claims in this instalment include a claim for what the Panel considers to be the individual claimant's equity interest in a company.

For their part, the Claimants concerned assert that they are entitled to submit claims for public health losses.

The Working Group notes that the secretariat will provide to the Government of Kuwait the claim form to be used to file the bedoun claims, which will include, inter alia, an affirmation by the claimants that they suffered direct losses as a result of Iraq's invasion and occupation of Kuwait and had no earlier opportunity to file claims with the Commission.

Some claimants have withdrawn part or all of their claims through the Palestinian Authority.

The Governing Council determined in decision 123 that a claim can only be found to be a stand alone claim if the claimant first demonstrates that he or she had the authority to act on behalf of the Kuwaiti company in filing a claim.

Iran, therefore, could have included these claim units in the submissions that it filed within these deadlines.

Other claimants backdated post invasion documents to make them appear to have been created pre invasion.

Claim No. 5000286 Agricultural resources Claim No. 5000286 comprises three claim units, with an asserted value of USD 441,895,991, for alleged losses to agricultural crops caused by air pollution and acid rain resulting from Iraq's invasion and occupation of Kuwait.

At times the claim preparers appeared to be more familiar with the claims than the claimants.

In the view of the Panel, this should involve the services of a qualified senior epidemiologist.

With one exception, the Panel confirms that these claimants demonstrated that they had authority to file the claim on behalf of the company.

19. The second alternative, which should be avoided, obliges victims to seek compensation first from those responsible for the violation.

6. It is clear that the right to claim reparation for violations of human rights and international humanitarian law should be given primarily to the direct victim in cases where the direct victim is unable to claim or precluded from claiming reparation, such right should be enjoyed by the descendants of the direct victim, and subsidiarilly to the persons closely connected with the direct victim.

Recommended award for claim No. 5000301 Claim No. 5000288 Other resources Claim No. 5000288 comprises six claim units, with a total asserted value of USD 7,916,024,475, for losses resulting from Iraq's invasion and occupation of Kuwait.

Of these claims, the Panel recommends awards of compensation for two claims, while no awards are recommended for the remaining 16 claims.

Subsequently, in response to claim development, the individual claimant stated that he had no ownership interest in the company, and that his claim relating to the company was submitted in error by his claim preparer.

As the documents demonstrate that the Palestinian claimants had an ownership interest in the lighting businesses as at 2 August 1990, and as the Kuwaiti claimant has not established that she purchased their ownership interest and their right to claim for compensation in the post liberation period, the Panel finds that the Palestinian claimants are entitled to claim for their percentage of the losses of the lighting businesses and should be compensated for their demonstrated losses.

One claim in the sixth instalment was found to be a duplicate of a claim awarded compensation in the fifth instalment.

Accordingly, the claimant is entitled to a 12 month period for his claimed D8 D9 (individual business) losses.

The service estimations rely on assigning ecological benefit (or uplift ) values to sites depending on their level of current development and the possibility of future development.

TECHNICAL ANNEXES TO THE FIFTH F4 INSTALMENT REPORT

The Claimant states that, following the Iraqi invasion of Kuwait, it evacuated its diplomats and temporarily closed its embassy in Kuwait City.

Second claim unit Intertidal shoreline habitats Saudi Arabia seeks compensation in the amount of USD 5,369,894,855 for severe and persistent damage to a large area of its intertidal shoreline habitats resulting from the oil spills caused by Iraq's invasion and occupation of Kuwait.

A total of 37 confirmed matches were identified, which related either to claims filed by the same claimant within the bedoun programme or to claims filed by the same claimant in different claim categories.

The individual claimant whose claim had been identified as potentially overlapping with the E4 claim provided additional evidence and claimed for losses in addition to those losses claimed by the E4 claimant.

Third F4 instalment, claim No. 5000450 and fourth F4 instalment, claim Nos. 5000454 and 5000466.

For example, in UNCC claim No. 3012259 the claimant seeks compensation of USD 4,930,795 for business losses.

Consistent with the regular category C programme, no evidence of authority is required if the claim form is signed by the claimant's spouse or by a parent of a claimant who is a minor.

Paragraph 1(b) of decision 123 directs the Executive Secretary to transfer and process in E4 as Kuwaiti company claims those stand alone claims for which the individual claimant has been found by the D Panels to have authority to file a claim on behalf of the company ( authority to act ).

The fourthsecond group of overlapping claims initially consisted of E4 claims related to 39seven category C claims and 24 category C and D claims.

Thus, all claimants have the right to pursue their claims through other mechanisms. This includes claimants covered by paragraph 5 of Decision 43, taken on 1 October 1997, concerning the Egyptian Workers Claims.

Application of the methodology is based on the identification of the claimant s pre invasion monthly salary.