Showing posts with label Compensation. Show all posts
Showing posts with label Compensation. Show all posts

Monday, October 8

How old does a crime need to be before you skip punishment?

The Germans killed 65,000 Hereros in Namibia in 1904, and very many more were cleansed from their lands. See here.

Generally, the colonial powers have escaped paying any kind of compensation to their imperial victims. Because Italy, Germany and Japan were on the receiving end, they were called as bad boys and forced to pony up. But the other colonial powers such as USSR, USA, France, UK, etc. escaped paying compensation or being really held to account. Or even now.

Pretty tragic, no? But here's a prediction, the noose is becoming tighter and tighter around the necks of interventionist powers. Over the next decade or so, it will become progressively more difficult for them to reach out and intervene without legal cover. Otherwise one can really tie up a country in legal difficulties. And do not think it is just USA and UK, you can add China, Saudi Arabia, Russia, Iran and a host of other countries to that list.

Interesting days ahead.

All this to be taken with a grain of piquant salt!!!

Saturday, September 8

What to do when a legal opponent doesnt recognise the court, the charges or the country?

An American court yesterday announced that Iran has to pay $2.65 billion in damages for the 1983 Hezbollah suicide bombing of the Marine Barracks in Lebanon which killed 241 people.

But the problem is, Iran does not recognise the court, the country, the charges and did not even bother to defend the case. So what do you do? where are you going to get the Iranian Assets from?

I am sure there are better financial minds than me who can help dig out the assets, but here are some thoughts.

No country is totally isolated, they have to do some trading somewhere. In other words, they have to play some Iranian monies somewhere outside the Iranian firms and Iran to pay for imports or some Iranian monies which are due to Iran which are sitting in some non Iranian bank/company or country.

I wonder whether it is possible to go after these sums of money? So company XYZ in say Germany has operations in USA and is purchasing equipment from or selling equipment to Iran. Now I wonder if company XYZ's assets in USA can be sequestered in lieu of the monies which is legally Iran's?

Worth considering, how about using the Alien Tort Law?

All this to be taken with a grain of piquant salt!!!