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18.16.3 Payment or Other Compensation Ex Gratia. In some cases, States may providemoney or other compensation to other States where not legally required (or without an admissionof legal liability or fault). 182 For example, although indemnification is not required for injuriesor damage incidental to the lawful use of armed force, compensation may be provided as ahumanitarian gesture. 183 Similarly, a State may institute mechanisms to make payments toforeign persons who have suffered loss from combat operations, even when no violation of lawof war has occurred.between the United States and Great Britain, art. 1, May 8, 1871, 17 STAT. 863, 863-64 (“Whereas differences havearisen between the Government of the United States and the Government of Her Britannic Majesty, and still exist,growing out of the Acts committed by the several vessels which have given rise to the claims generically known asthe ‘Alabama Claims.’ And whereas Her Britannic Majesty has authorized Her High Commissioners andPlenipotentiaries to express, in a friendly spirit, the regret felt by Her Majesty’s Government for the escape, underwhatever circumstances, of the Alabama and other vessels from British ports, and for the depredations committed bythose vessels: Now, in order to remove and adjust all complaints and claims on the part of the United States, and toprovide for the speedy settlement of such claims, which are not admitted by Her Britannic Majesty’s Government,the High Contracting Parties agree that all the said claims, growing out of acts committed by the aforesaid vesselsand generically known as the ‘Alabama Claims,’ shall be referred to a Tribunal of Arbitration to be composed offive Arbitrators, … .”).181 U.N. SECURITY COUNCIL RESOLUTION 687, U.N. Doc S/RES/687, 16-18 (Apr. 3, 1991) (establishing authorityfor the U.N. Compensation Commission to provide a reparation mechanism for violations of international law and“any direct loss, damage, including environmental damage and the depletion of natural resources, or injury toforeign governments, national and corporations, as a result of Iraq’s unlawful invasion and occupation of Kuwait.”).182 For example, Communication of the United States Government, Jul. 31, 1945, reprinted in Offer of Ship toReplace “Awa Maru,” 13 DEPARTMENT OF STATE BULLETIN 249, 249-50 (Aug. 12, 1945) (“‘The United StatesGovernment realizes that the deplorable accidental sinking of the Awa Maru prevented the Japanese Governmentfrom giving immediate effect to its announced intention to continue to facilitate the shipment and distribution ofrelief supplies for Allied nationals. In order, therefore, to assist in overcoming this difficulty the United StatesGovernment makes the following offer to the Japanese Government, not as present indemnification for the AwaMaru (the suggestion having previously been made that owing to the complex nature of the question of indemnity,that matter might be deferred until the termination of hostilities) but as a replacement for the Awa Maru in itshumanitarian service.’ ‘The United States Government is prepared immediately to transfer to the JapaneseGovernment a vessel described below of approximately the same size and characteristics as the Awa Maru,conditioned upon the express agreement by the Japanese Government to use the vessel so transferred for thefollowing purposes and no others … .’”).183 For example, Abraham Sofaer, Legal Adviser, Department of State, Compensation for Iranian Airbus Tragedy,88 DEPARTMENT OF STATE BULLETIN 58 (Oct. 1988) (“Principles of international law that govern potential liabilityfor injuries and property damage arising out of military operations are generally well-established. First,indemnification is not required for injuries or damage incidental to the lawful use of armed force. Second,indemnification is required where the exercise of armed force is unlawful. Third, states may, nevertheless, paycompensation ex gratia without acknowledging, and irrespective of, legal liability. … In the case of the Iran Airincident, the damage caused in firing upon #655 was incidental to the lawful use of force. The Government of Iranshould not have allowed gunboats to attack our vessels and aircraft. That government also should not have alloweda passenger airline to fly over a battle zone—especially not unless it was equipped and prepared to respond to ourNavy’s repeated warnings. The commander of the U.S.S. Vincennes evidently believed that his ship was underimminent threat of attack from a hostile aircraft, and he attempted repeatedly to identify or contact the aircraft beforetaking defensive action. Therefore, the United States does not accept legal responsibility for this incident and is notpaying ‘reparations,’ a word which implies wrongdoing and is often associated with wartime activities. Instead, thePresident has decided to make an ex gratia payment as a humanitarian gesture to the families of the individuals whowere on #655.”).1091