The Civilian Shoe Dropping

[Steve the Planner]

jmm

I've seen this one before, and it gives me the willies about Iraq:

"363. Duty to Restore and Maintain Public Order

The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. (HR, art. 43.)"

Any statute of limitations, waiver or estoppel?

Steve

[jmm99]

is a primary source of obligations imposed on an Occupying Power - Secs 246 - 448 of FM 27-10 cover Civilians and Occupations.

I wouldn't stay awake at nights worrying about Sec 363 (thinking about looters running wild ?). The SOFA pretty much puts the two governments in a clean start situation. I expect sovereign immunity would bar most individual claims that haven't already been settled.

I don't plan on research until the multi-billion dollar suit is brought - probably by one of the US firms that advertises on TV ("Are you an Iraqi who suffered damages during the US Occupation ? Call 800-xxx-yyyy).

Regards

Miker

[Steve the Planner]

Good to know about the Status agreement.

The current class action is US Iraq assignees vs. KBR for the Burn Pits and Water Treatment. That one was just consolidated in Maryland with a law firm in Georgetown.

Been trying to learn more about it, but essentially, I believe the claim is that KBR violated it's contract in the handling of waste, uncontrolled burning including medical waste, and problems with the treatment of water.

Having seen and smelled the burn pits at Balad and Spiecher, and written a lot about water, it's not really a surprise that some particular claimants might come forward--like the electric buzz.

A total class of all Balad/Spiecher assignees would be something like 20,000 per base times two bases, times more than five rotations per year (six and 14 monthers). Heck, even the other KBR employees/contractors might be in the same class.

No doubt, more info to come.

Steve