Conditions

What you need to know before submitting a claim. If you are eligible for compensation for the victim to whom your request relates, you will be offered a settlement agreement. This is a document that contains conditions. One of those conditions is that you will receive compensation in full and final discharge. This means that you can no longer successfully submit a claim to a civil court based on liability of the Dutch State for the fate of your relative who was in the Dutchbat compound in Potočari in the late afternoon of 13 July 1995, and for whose death you have received compensation.

Other things you need to know about the arrangement

  • Under the Arrangement, a brother or sister of a victim who has been awarded compensation, cannot receive a second compensation. Only the wife or partner, the parents and children who have a first-degree family relationship with more than one victim, can receive more than one compensation. This means: If you sign the settlement agreement as a brother or sister, you will not be eligible for any other compensation. If you sign the settlement agreement as a first-degree relative, you can no longer receive compensation for your brother or sister.
  • If you have a first-degree family relationship with more than one victim, you may file more than one request for compensation. You must file a separate request for each victim.
  • The amount of compensation you can receive under the settlement arrangement is fixed. You cannot claim more than the fixed compensation amount under the arrangement.
  • The possibility of submitting a claim cannot be transferred to anyone else and the arrangement is not open to heirs of relatives mentioned in the arrangement.
  • If you have submitted a claim and you are eligible for compensation, but you subsequently die, your proven heir(s) will receive the compensation.
  • By submitting a claim, you declare that you are familiar with the ‘Implementation Protocol’ and agree to the obligations contained in it. You can read the Implementation Protocol here.
  • You cannot lodge an objection or apply for judicial review of a decision denying your claim.

FAQ

We ask you to provide a number of documents. Why?

  • Your proof of identity will show that you are submitting the claim yourself.
  • The documents that you use to demonstrate that you have/had a family relationship with the victim will ensure that only people who are entitled to compensation under the arrangement actually become eligible for it.
  • If witness statements are used to demonstrate compliance with any of the conditions for compensation, these must be statements by at least two witnesses, made to a municipal official or civil-law notary. We ask this so that we can make a better assessment of the reliability of those statements.

Implementation Protocol

The Implementation Protocol contains a detailed description of our procedures. You can read the Implementation Protocol here. By submitting a claim, you declare that you are familiar with the ‘Implementation Protocol’ and agree to the obligations contained in it.

Index