Semi-final and final problem, 2002-2003
Gospel Oil Inc. v. Gee Ali
House of Lords
Following the invasion and occupation of Iraq by the United Kingdom and USA in March 2003, the US military authorities in Baghdad adopt a decree (Military Decree 369) confiscating without compensation certain items of property belonging to prominent members of the Ba’ath Party. Decree 369 states that the property in question is being confiscated on the grounds that it was obtained as part of the Ba’ath Party’s oppression of the population of Iraq. The property is sold at auction and the proceeds applied by the military authorities to pay for the rebuilding of parts of Baghdad damaged during the conflicts of 1980-2003.
One item of property is a painting “The Mamma Lisa” by Leo da VeniVidi which had been owned by Gee Ali, a prominent Ba’ath Party official. The painting is purchased at auction in Baghdad by Gospel Oil Inc, a US oil company, and sent to London for display in Gospel’s offices there. Gee Ali brings proceedings in London claiming title to the painting. He argues that both the invasion of Iraq and the confiscation of the painting were unlawful under international law.
The High Court dismisses the claim. On appeal, the Court of Appeal decides that (a) it cannot rule on the question whether or not the invasion of Iraq was unlawful (applying the decisions in Buttes v. Hammer [1982] AC 888 and CND v. The Prime Minister 17th December 2002) but (b) the taking of the painting was unlawful in any event and, applying the principles laid down by the House of Lords in Kuwait Airways Corporation v Iraqi Airways Company Nos 4 & 5 [2002] AC 883, the courts would therefore disregard the decree in determining who was the owner of the painting. Gospel appeals to the House of Lords.
The following matters were determined as preliminary issues at first instance and were not appealed:-
The taking was the work of the US and not attributable to the United Kingdom in any form;
1. The taking and auction occurred before SCR 1483 conferred UN authority on the occupying powers;
2. The law of Iraq for these purposes was the pre-invasion law as altered by military decrees but that if Decree 369 was disregarded there was no relevant military legislation and that under ordinary Iraqi law the painting was the property of Gee Ali
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