192 Access to Redress for Stateless Persons Under International Law Article 5.1 of the UNCC’s Rules which allowed a state to submit claims ‘at its discretion, of other persons resident in its territory’109 who were not their nationals.110 Some states were willing to adopt a more expansive definition, while others continued to adhere to the “traditional” rule of diplomatic protection and submitted claims only on behalf of their own nationals.111 However, part of the requirements for individuals to be able to file claims through this mechanism was to hold legal residence in the country where they were at the moment of filing the application, and this translated into many individuals being unable to file claims.112 Another challenge became clear: some states would be unwilling or unable to submit claims on behalf of stateless persons. For this reason, Article 5.2 of the Rules was included in the UNCC’s Rules, allowing for an appointed body or authority to submit claims on behalf of individuals whose claims could not be submitted by a state.113 Three UN agencies, the UN Development Program (UNDP), UN Relief and Works Agency for Palestine Refugees (UNRWA),114 and UN High Commissioner for Refugees (UNHCR) were appointed to submit claims on behalf of stateless individuals.115 Another challenge the UNCC faced was late claims, as not everyone who had been affected by the Gulf War was able to file claims on time; this challenge affected stateless persons, especially Palestinians.116 However, the UNCC was able to turn this challenge into an opportunity to ensure access to redress. In 2001, a late claims117 program was established, taking care of Palestinians who had been unable to file claims during the regular period.118 Under the late claims program, the Palestinian Authority (PA) was able to submit approximately 46,400 claims.119 This was an unprecedented occurrence, as it appears that the PA was able to exercise State powers and submit claims, even though initially only formally recognized States could file claims.120 Furthermore, in 2004, a “special accelerated program”121 was created for Bidoon stateless persons living in Kuwait.122 While three UN agencies were able to file claims on behalf of Palestinians, no entity took the responsibility to file claims on behalf of the Bidoon.123 Eventually, Kuwait requested to the UNCC’s 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 UNCC Governing Council, S/AC.26/1992/10 (26 June 1992), at 5. Additionally, the UNCC allowed for a ‘widening of the definition of ‘resident’, by allowing states to determine their own definition’. See C Whelton, ‘The United Nations Compensation Commission and International Claims Law: A Fresh Approach’ (1993) 26 Ottawa Law Review 607. C Whelton, ‘The United Nations Compensation Commission and International Claims Law: A Fresh Approach’ (1993) 26 Ottawa Law Review 607. For example, Canada was willing to submit claims on behalf of stateless persons and refugees who had a claim to compensation before the UNCC, as long as these individuals met the residency criteria. However, those who did not meet the criteria were able to file claims through UNHCR in Canada. See C Whelton, ‘The United Nations Compensation Commission and International Claims Law: A Fresh Approach’ (1993) 26 Ottawa Law Review 607. UNCC Governing Council, S/AC.26/1992/10 (26 June 1992), at 5. UNRWA’s mandate focuses on Palestinian refugees. See L Bartholomeusz, ‘The Mandate of UNRWA at Sixty’ (2009) 28(2–3) Refugee Survey Quarterly 452. CR Payne & PH Sand, Gulf War Reparations and the UN Compensation Commission: Environmental Liability (1st, Oxford University Press, 2011), at 9. LA Taylor, ‘The United Nations Compensation Commission’ in C Ferstman, M Goetz, & A Stephens (eds), Reparations for victims of genocide, war crimes and crimes against humanity (1st, Nijhoff, 2009), at 202. Ibid, at 202. D Campanelli, ‘The United Nations Compensation Commission (UNCC): Reflections on its Judicial Character’ (2005) 4(1) The Law & Practice of International Courts and Tribunals 107. LA Taylor, ‘The United Nations Compensation Commission’ in C Ferstman, M Goetz, & A Stephens (eds), Reparations for victims of genocide, war crimes and crimes against humanity (1st, Nijhoff, 2009), p. 202; United Nations Security Council, Report and recommendations made by the Panel of Commissioners concerning the first instalment of Palestinian “late claims” for damages up to USD 100,000 (category C claims) (2003) S/AC.26/2003/26, at 4. Palestine has several of the characteristics required for statehood (territory, population, government, among others) and in the present day enjoys some degree of recognition as a state within the international community. Several states recognize Palestine as a state. Furthermore, in 2012 Palestine was upgraded to ‘non-member observer state’ at the United Nations and has acceded to various international treaties, including the Rome Statute of the ICC which only allows states to become parties. However, Palestinians are often considered stateless persons, but not due to lack of a legal link with a state, but due to their state’s lack of full-statehood. However, at the time when the UNCC was formed, this was not the case, and Palestine did not enjoy the level of recognition as a state as it does in the present. LA Taylor, ‘The United Nations Compensation Commission’ in C Ferstman, M Goetz, & A Stephens (eds), Reparations for victims of genocide, war crimes and crimes against humanity (1st, Nijhoff, 2009), at 202. Ibid, at 202. TJ Feighery, CS Gibson, & T.M. Rajah (eds), War Reparations and the UN Compensation Commission: Designing Compensation After Conflict (1st, Oxford University Press, 2014), at 126.