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18.12.1 Investigation by the U.N. Security Council Under the Charter of the UnitedNations. Under the Charter of the United Nations, the U.N. Security Council may investigateany dispute, or any situation that might lead to international friction or give rise to a dispute, inorder to determine whether the continuance of the dispute or situation is likely to endanger themaintenance of international peace and security. 121 This authority of the U.N. Security Councilto investigate situations includes any such situations that involve violations of the law of war.The U.N. Security Council has provided for the establishment of commissions of inquiryor commissions of experts to report on violations of the law of war. 12218.12.2 Determining Liability and Determining That Compensation Should Be Paid. TheU.N. Security Council may, in appropriate cases, affirm that States are liable for violations ofinternational law and establish mechanisms to facilitate the payment of compensation for suchviolations. 123COUNCIL RESOLUTION 955, U.N. Doc S/RES/955 (Nov. 8, 1994) (“Expressing once again its grave concern at thereports indicating that genocide and other systematic, widespread and flagrant violations of internationalhumanitarian law have been committed in Rwanda, Determining that this situation continues to constitute a threat tointernational peace and security,”).121 U.N. CHARTER art. 34 (“The Security Council may investigate any dispute, or any situation which might lead tointernational friction or give rise to a dispute, in order to determine whether the continuance of the dispute orsituation is likely to endanger the maintenance of international peace and security.”).122 For example, U.N. SECURITY COUNCIL RESOLUTION 780, U.N. Doc S/RES/780 (Oct. 6, 1992) (“Requests theSecretary-General to establish, as a matter of urgency, an impartial Commission of Experts to examine and analysethe information submitted pursuant to resolution 771 (1992) and the present resolution, together with such furtherinformation as the Commission of Experts may obtain through its own investigations or efforts, of other persons orbodies pursuant to resolution 771 (1992), with a view to providing the Secretary-General with its conclusions on theevidence of grave breaches of the Geneva Conventions and other violations of international humanitarian lawcommitted in the territory of the former Yugoslavia.”); U.N. SECURITY COUNCIL RESOLUTION 935, U.N. DocS/RES/935 (Jul. 1, 1994) (“Requests the Secretary-General to establish, as a matter of urgency, an impartialCommission of Experts to examine and analyse information submitted pursuant to the present resolution, togetherwith such further information as the Commission of Experts may obtain through its own investigations or the effortsof other persons or bodies, including the information made available by the Special Rapporteur for Rwanda, with aview to providing the Secretary-General with its conclusions on the evidence of grave violations of internationalhumanitarian law committed in the territory of Rwanda, including the evidence of possible acts of genocide.”); U.N.SECURITY COUNCIL RESOLUTION 1564, U.N. Doc S/RES/1564 (Sept. 18, 2004) (“Requests that the Secretary-General rapidly establish an international commission of inquiry in order immediately to investigate reports ofviolations of international humanitarian law and human rights law in Darfur by all parties, to determine also whetheror not acts of genocide have occurred, and to identify the perpetrators of such violations with a view to ensuring thatthose responsible are held accountable, calls on all parties to cooperate fully with such a commission, and furtherrequests the Secretary-General, in conjunction with the Office of the High Commissioner for Human Rights, to takeappropriate steps to increase the number of human rights monitors deployed to Darfur.”).123 See, e.g., U.N. COMPENSATIONS COMMISSION GOVERNING COUNCIL, Report and Recommendations Made by thePanel of Commissioners Appointed to Review the Well Blowout Control Claim (the “WBC Claim”), U.N. Doc.S/AC.26/1996/R.27/Annex, 22 68 (Dec. 18, 1996) (“The Security Council having determined, under Chapter VIIof the Charter, that compensation in accordance with international law should be provided to foreign Governments,nationals and corporations for any direct loss, damage or injury sustained by them as a result of Iraq’s unlawfulinvasion and occupation of Kuwait, in order to restore international peace and security, the issue of Iraq’s liabilityhas been resolved by the Security Council and constitutes part of the law applicable before the Commission.”); id. at67 (“According to paragraph 16 of Security Council resolution 687 (1991), which under article 31 of the Rulesforms part of the law applicable before the Commission, ‘Iraq . . . is liable under international law for any direct1079

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