Grinder
12 August 2003, 14:23
By Jim Garamone
American Forces Press Service
WASHINGTON, Aug. 4, 2003 - The United States will pay Iraqi claims for damages
that are caused by the negligent or wrongful acts of U.S. soldiers, coalition
officials said in Baghdad Aug. 3.
As of July 31, American officials have already adjudicated 1,496 claims and
paid 1,168 in the amount of $262,945. Some 2,517 claims have been made against
the United States.
The claims are made under the Foreign Claims Act, which provides that the
military may pay claims for the wrongful or negligent acts of its forces to
inhabitants of foreign countries who file claims. Military commissions
adjudicate these claims. In Iraq, there are 31 Foreign Claims Commissions. At
brigade level, a military lawyer or judge can award damages up to $2,500. At
division level, a lawyer or judge can award up to $15,000 in damages. At the
Combined Joint Task Force 7 level, a three-person panel can award up to
$50,000.
Claims that exceed $50,000 are sent to U.S. Army Claims Service for
adjudication, officials said.
Every claim made is looked at individually, officials said. The panels examine
whether the Foreign Claims Act applies to the claim and ask "is it (the claim)
for the negligent or wrongful act of a member of the force; is it in an amount
certain, and most importantly, is it for something other than the combat
activity of United States forces," said a task force official in Baghdad.
"And this is a very key point," the official continued. "It's what is known as
the combat exclusion, because under the Foreign Claims Act, consistent with the
law of war and consistent with the practice of other nations, payments are not
authorized for damage, for injury, for death that is the result of combat
activities of U.S. forces."
While President Bush declared major combat operations over on May 1, low-
intensity combat operations continue. Damage caused by these operations may not
be remunerated.
Officials said the claims paid so far are for property loss or damage. They
said there are probably "wrongful death" claims in the system that have not
been adjudicated yet. Officials will use the traditions of Iraq to set the
damages paid for wrongful death.
The burden of proof is on the claimant to prove he suffered a loss and what the
value is. "Ways of doing that would be statements from other individuals -- if
they have receipts, photographs," officials said. "If it's serious enough,
there may be a military investigation done on it."
If the claimant is not satisfied with the decision, there is an appeals
process, officials said.
American Forces Press Service
WASHINGTON, Aug. 4, 2003 - The United States will pay Iraqi claims for damages
that are caused by the negligent or wrongful acts of U.S. soldiers, coalition
officials said in Baghdad Aug. 3.
As of July 31, American officials have already adjudicated 1,496 claims and
paid 1,168 in the amount of $262,945. Some 2,517 claims have been made against
the United States.
The claims are made under the Foreign Claims Act, which provides that the
military may pay claims for the wrongful or negligent acts of its forces to
inhabitants of foreign countries who file claims. Military commissions
adjudicate these claims. In Iraq, there are 31 Foreign Claims Commissions. At
brigade level, a military lawyer or judge can award damages up to $2,500. At
division level, a lawyer or judge can award up to $15,000 in damages. At the
Combined Joint Task Force 7 level, a three-person panel can award up to
$50,000.
Claims that exceed $50,000 are sent to U.S. Army Claims Service for
adjudication, officials said.
Every claim made is looked at individually, officials said. The panels examine
whether the Foreign Claims Act applies to the claim and ask "is it (the claim)
for the negligent or wrongful act of a member of the force; is it in an amount
certain, and most importantly, is it for something other than the combat
activity of United States forces," said a task force official in Baghdad.
"And this is a very key point," the official continued. "It's what is known as
the combat exclusion, because under the Foreign Claims Act, consistent with the
law of war and consistent with the practice of other nations, payments are not
authorized for damage, for injury, for death that is the result of combat
activities of U.S. forces."
While President Bush declared major combat operations over on May 1, low-
intensity combat operations continue. Damage caused by these operations may not
be remunerated.
Officials said the claims paid so far are for property loss or damage. They
said there are probably "wrongful death" claims in the system that have not
been adjudicated yet. Officials will use the traditions of Iraq to set the
damages paid for wrongful death.
The burden of proof is on the claimant to prove he suffered a loss and what the
value is. "Ways of doing that would be statements from other individuals -- if
they have receipts, photographs," officials said. "If it's serious enough,
there may be a military investigation done on it."
If the claimant is not satisfied with the decision, there is an appeals
process, officials said.