§ Lord Kennetasked Her Majesty's Government:
On what grounds they have filed a claim against Iraq for environmental damage caused during the Gulf War, and what agreement within NATO precludes them from the claiming against the United States for the environmental damage from toxic wastes left behind in Holy Loch by the US Forces based there.
Earl HoweUnder UN Security Council Resolution 687, Iraq is liable in international law for any environmental damage which resulted from its illegal invasion and occupation of Kuwait. In accordance with Decision 7 of the Governing Council of the UN Compensation Commission, the Government submitted a claim for compensation in respect of:
- (a) the UK's contribution to the expenditure by International Maritime Organisation in tackling oil pollution in the Gulf;
- (b) expenditure on the provision of oil skimmers to assist the Government of Bahrain in defending ecologically sensitive areas against the threat of oil; and
- (c) expenditure on a survey of bird life in the Gulf.
There is no specific agreement within NATO which precludes claiming against the United States for environmental damage from toxic material. However, the overall volume of such material which has been found at Holy Loch, in the latest survey work, is very small. Only a certain amount of this could be attributed to the United States activities. The debris in the Loch comprises mainly scrap metal and other accumulated rubbish. In addition, a number of wrecks have been identified.