Hostname: page-component-7479d7b7d-pfhbr Total loading time: 0 Render date: 2024-07-11T02:26:22.294Z Has data issue: false hasContentIssue false
  • English
  • Français

The United Nations Register of Damage (UNRoD) Rules and Regulations Governing the Registration of Claims

Published online by Cambridge University Press:  27 February 2017

Rhodri C. Williams
Rhodri C. Williams*
Affiliation:
New York University
Get access Rights & Permissions [Opens in a new window]

Abstract

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
International Legal Materials
Information
International Legal Materials , Volume 49 , Issue 2 , April 2010 , pp. 620 - 628
Copyright
Copyright © American Society of International Law 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Endnotes

* This text was reproduced and reformatted from the text available at UNRod website (visited March 29, 2010) http://www.unrod.org/docs/UNRoD%20Rules%20and%20Regulations.pdf

1 G.A. Res. 10/17, ¶ 3(a), U.N. Doc. A/RES/ES-10/17 (Jan. 24, 2007).

2 Id.

3 Letter from the Secretary General to the President of the General Assembly, U.N. Doc. A/ES-10/389 (June 22, 2007) [hereinafter 2007 Letter from Secretary General].

4 S.C. Res. 242, U.N. Doc. S/RES/242 (Nov. 22, 1967).

5 S.C. Res. 478, U.N. Doc. S/RES/478 (Aug. 20, 1980).

6 For records and statements of the Tenth Emergency Special Session of the UN General Assembly, see http://www.un.org/ga/sessions/emergency10th.shtml.

7 U.N. Office for the Coordination of Humanitarian Affairs [UNOCHA] and U.N. Relief and Works Agency for Palestinian Refugees in the Near East [UNRWA], The Humanitarian Impact of the Barrier: Four Years after the Advisory Opinion of the International Court of Justice on the Barrier (July 2008, updated Aug. 2008), at 4, available at http://www.ochaopt.org/documents/Barrier_Report_July_2008.pdf.

8 S.C. Res. 1515, U.N. Doc. S/RES/1515 (Nov. 19, 2003).

9 G.A. Res. 10/14, U.N. Doc. A/RES/ES-10/14 (Dec. 12, 2003).

10 Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, 2004 I.C.J. 131, at 163 (July 9) [hereinafter I.C.J. Advisory Opinion].

11 Id.

12 G.A. Res. 10/15, ¶ 4, U.N. Doc. A/RES/ES-10/15 (Aug. 2, 2004).

13 Letter from the Secretary General to the President of the General Assembly, U.N. Doc. A/ES-10/294 (Jan. 13, 2005).

14 U.N. Secretary General, Report of the Secretary General Pursuant to General Assembly Resolution ES-10/15 delivered to the General Assembly, U.N. Doc A/ES-10/361 (Oct. 17, 2006) [hereinafter 2006 Secretary General Report].

15 G.A. Res. 10/17, supra note 1, ¶¶ 5, 7, 15, and 16.

16 2007 Letter from Secretary General, supra note 3.

17 Letter from the Secretary General addressed to the President of the General Assembly, U.N. Doc. A/ES-10/455 (May 4, 2009). The report notes that the Executive Director of UNRoD was appointed in January 2008.

18 Center on Housing Rights and Evictions, Rights without Remedy: The impact of Israel’s illegal Wall in the occupied Palestinian territory on the human rights of the Palestinian people, five years after the Advisory Opinion of the International Court of Justice, at 10 (2009), available at http://www.reliefweb.int/rw/RWFiles2009.nsf/FilesByRWDocUnidFilename/PSLG-7TSDHN-full_report.pdf/$File/full_report.pdf [hereinafter Rights Without Remedy].

19 G.A. Res.10/17, supra note 1, ¶ 8.

20 Rights Without Remedy, supra note 18, at 10.

21 U.N. Register of Damage Rules and Regulations Governing the Registration of Claims art. 7 (June 19, 2009), available at http://www.unrod.org/docs/UNRoD%20Rules%20and%20Regulations.pdf [hereinafter UNRoD Rules].

22 Id. art. 4.

23 Rights Without Remedy, supra note 18, at 10.

24 Id.; see also Press Release, BADIL Resource Center for Palestinian Residency and Refugee Rights, What’s the Problem with the UN Register of Damage Caused by Israel’s Wall in the Occupied Palestinian territories? (Nov. 18, 2006).

25 The ICJ Advisory Opinion initially refers to Israel’s obligation to provide compensation for “any form of material damage” resulting from the Wall’s construction (para. 153) but phrases its findings more broadly, holding that Israel is obliged to repair “all damage” caused by said construction (para. 163(3)(C)). Meanwhile, Resolution ES-10/17 mandates UNRoD to record “the damage” caused by the wall (para. 3(a)) and invites the Board to devise eligibility criteria for inclusion of “damages and losses” caused by the Wall in the Register (para. 6(c)).

26 According to the Rules, claimants must show that “the claimed damage is material” in order for their claims to be eligible for consideration (Article 2(e)). The same requirement was proposed in the Secretary General Report, supra note 14, ¶ 16.

27 I.C.J. Advisory Opinion, supra note 10 (paragraphs 133 and 153 of the Opinion cite types of damage ranging from destruction and seizure of residential and agricultural property to impeded access to means of subsistence, urban centers, places of work, health services, educational facilities, and water sources).

28 2006 Secretary General Report, supra note 14, ¶ 17.

29 UNRoD Rules art. 11(1), supra note 21 (the six categories comprise agriculture, commercial, residential, employment, access to services, and “public resources and other—the latter not being open to individual claimants).

30 UN OCHA and UNRWA, supra note 7, at 19.

31 Rights Without Remedy, supra note 18, at 7-8, 10.

32 Id. at 10.

33 UNRoD Rules art. 1(13), supra note 21 (defining “person” as “an individual, corporation, public sector entity, international organization, the Palestinian Authority or other legal entity”).

34 2006 Secretary General Report, supra note 14, ¶ 4.

35 Id.

36 Id. ¶ 18.

37 G.A. Res.10/17, supra note 1, ¶ 3(a).

38 Id. ¶ 6(g). While the Secretary General’s Report foresees the engagement of experts, it does not include experts in these fields. See 2006 Secretary General Report, supra note 14, ¶ 10.

39 Rights Without Remedy, supra note 18, at 10.

40 UNRoD Rules art. 11(2)g, supra note 21.

41 Id. art. 3.

42 See generally Pablo de Greiff, The Handbook of Reparations (2006).

43 UNRoD Rules arts. 12(5) and 14(2), supra note 21.

44 Id. art. 8(1).

45 Id. art. 8(2); but see art. 11(2)i.

46 See Parliamentary Assembly of the Council of Europe, Res. 1708 (2010), Solving Property Issues of Refugees and Internally Displaced Persons, ¶ 10.1 (adopted 28 January 2010) (“[member states are invited to] guarantee timely and effective redress for the loss of access and rights to housing, land and property abandoned by refugees and [internally displaced persons] without regard to pending negotiations concerning the resolution of armed conflicts or the status of a particular territory–. . . .”); see also G.A. Res. 60/147, ¶ 15, UN Doc. A/RES/60/147 (Mar. 21, 2006) (“In accordance with its domestic laws and international legal obligations, a State shall provide reparations to victims for acts or omissions which can be attributed to the State and constitute gross violations of international human rights law or serious violations of international humanitarian law. In cases where a person, a legal person, or other entity is found liable for reparation to a victim, such party should provide reparation to the victim or compensate the State if the State has already provided reparation to the victim.”); and Cyprus v. Turkey, App. No. 25781/94, Judgment ¶ 174 (Eur. Ct. H.R. May 10, 2001) (“. . . the intercommunal talks [in pursuit of a political solution to the conflict between Greek and Turkish Cypriots] cannot be invoked in order to legitimate a violation of the [European Convention on Human Rights]”).