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

Summary

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Saddam Hussein's government, and the social convulsions of its subsequent overthrow, left a wake of displaced persons. To address this looming crisis, the Coalition Provisional Authority in Iraq promulgated a regulation to establish the Iraqi Property Claims Commission (IPCC). Stigali seeks to demonstrate that, given the existence of a functional civil law system, the creation and perpetuation of the IPCC is not only an unnecessary waste of time and resources, but detrimental to the goals of the Multinational Forces in Iraq.

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Extract

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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 issue of property rights and the plight of displaced people has been the object of increasing attention in recent years. International actors interested in maintaining peace in post-conflict settings are increasingly cognizant of the importance of addressing the grievances of people who have been displaced or dispossessed of valued property.

From Bosnia to East Timor, and now Iraq, property rights have been at the center of many of the problems that individuals face in the aftermath of armed conflicts. The importance of a fair, transparent and effective property rights policy, as an element of post-conflict recovery and development, can hardly be overrated. Clear and undisputed property title plays a fundamental role in the economic recovery from conflict and is a prerequisite to attract foreign investment. The protection or restoration of property rights is closely linked to the return of refugees and displaced persons, the protection of human rights and the restoration of the rule of law. Because land is life in many war-torn societies, property right violations tend to affect all parts of the surviving populations.2

Saddam Hussein's government, and the social convulsions of its subsequent overthrow, left a wake of displaced persons.3 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.4 At least one American commander has indicated that the instability caused by such displacement is one of the most serious problems facing the Coalition today.5

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 . . . ."6 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.7 In spite of its noble motive, however, the Iraqi Property Claims Commission (IPCC) has failed. This article seeks to demonstrate that, given the existence of a functional civil law system in Iraq, the creation and perpetuation of the IPCC...

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