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Article IX Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Staat Israël inzake de status van hun strijdkrachten

1 The Contracting Parties waive all claims against each other for damage to or loss of property owned by them and used by their armed forces under the scope of this Agreement and for injury, including injury resulting in death, suffered by their Personnel, arising out of official duties.

2 Paragraph 1 of this Article is not applicable to claims by the Contracting Parties if the damage to or loss of property or injury, has been a result of intent to cause damage to or loss of property or injury. The Contracting Parties shall mutually determine whether there was intent to cause damage to or loss of property or injury. In that case, they shall also mutually determine the costs related to the settlement of the claim.

3 Claims arising out of damage to or loss of property or injury, caused to a Contracting Party’s Personnel during or as a consequence of the performance of Military Activities shall be settled amicably. In cases however, where a Contracting Party shall be required to pay compensation to a member of the other Contracting Party’s Personnel, as a consequence of a suit filed by that member in relation to this damage to or loss of property or injury, the other Contracting Party shall reimburse that Contracting Party in full. Such reimbursement shall include the costs and expenses of conducting the proceedings. Reimbursement shall not take place in cases of intent to cause damage to or loss of property or injury, as mutually determined by the Contracting Parties.

4 Third-party claims, other than contractual claims, for any damage to or loss of property or injury, caused by Personnel of the Sending State or by Personnel of both Contracting Parties during the execution of Military Activities, shall be settled by the Receiving State, also on behalf of the Sending State, in accordance with the laws and regulations of the Receiving State. Where such settlement is done on behalf of the Sending State, the Receiving State shall consult with the Sending State prior to concluding such settlement. Where the Sending State alone is responsible, the amount of compensation awarded or adjudicated shall be shared in a proportion of 75 percent chargeable to the Sending State and 25 percent chargeable to the Receiving State. Where it is not possible to attribute damage specifically to one of the Contracting Parties or both, the amount awarded or adjudicated shall be distributed equally between the Contracting Parties, regardless of the extent of their respective share of responsibility. Costs related to the settlement of any such claim shall be reimbursed by the Sending State according to its share of the amount of compensation.

5 Third-party claims, other than contractual claims, for any damage to or loss of property or injury, caused by Personnel of the Sending State outside of the performance of Military Activities may be settled on an ex gratia basis by the Receiving State on behalf of the Sending State, after approval of the Sending State. To this end, the Receiving State shall send a well-founded advice to the Sending State. Settlement shall take place in accordance with the laws and regulations of the Receiving State. Costs related to the settlement of any such claim shall be reimbursed by the Sending State.

6 The Sending State shall verify with the owner/lessor of non-military motor vehicles, made available to the Personnel of the Sending State, that these vehicles are adequately insured in accordance with the laws and regulations of the Receiving State.

7 The Sending State and its Personnel shall not be subject to the jurisdiction of the courts of the Receiving State in any suits filed for losses, damages or injuries caused during or as a consequence of the execution of Military Activities.

8 The Contracting Parties undertake to cooperate fully with each other with regard to the provisions of this Article.

Regeling
Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Staat Israël inzake de status van hun strijdkrachten
Soort
Verdrag
Geldend vanaf
13-10-2021
BWB-id
BWBV0006935
Versie
2021-10-13_0

In de hele regeling · Officiële tekst op wetten.overheid.nl