War Act for the Netherlands

Original Language Title: Oorlogswet voor Nederland

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Law of 3 April 1996, renewing the Law of War for the Netherlands to adapt to the Constitution and to the Law of the Coordination of Exceptions (Law of the Netherlands Act)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken into consideration the fact that it is in the context of the establishment of the Coordination law of emergency conditions and with the Articles 11 , 81 and 89 of the Constitution It is desirable to redefine the Law of War for the Netherlands;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter I. General provisions

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Article 1

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  • 2 Where the act referred to in paragraph 1 has been taken, a proposal for a law shall be forwarded to the Second Chamber forthwith, on the continuation of the operation of the provisions laid down by the act referred to in paragraph 1.

  • 3 If the proposal is rejected by the States-General, the provisions which have been put into effect under paragraph 1 shall be without delay by royal decree, upon the proposal of our Minister-President.

  • 4 By royal decree, upon the nomination of our Prime Minister, provisions put into effect under paragraph 1 may be put into effect as soon as the circumstances permit this to be considered.

  • 5 The decision referred to in paragraphs 1, 3 and 4 shall be published in accordance with the procedures to be laid down therein. It shall enter into force immediately after the publication.

  • 6 The decision, referred to in the first, third and fourth paragraphs, shall in any case be placed in the State Sheet .


Article 2

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As soon as possible after the date of implementation Chapter II the two Chambers of the States-General shall be required to communicate to the two Chambers of the States, as a result of the powers conferred on them by the latter, the non-functioning of the law, or the time when the operation of these provisions has ceased to be effective. Provisions are given.


Article 3

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The powers that are in Chapter II This law is granted to our Minister of Defence or to the General State of Emergency to the military authority only to the extent that this is in the opinion of our Minister of Defence or of the Ministry of Defence. Military authority is required for the execution of the military mission to maintain external or internal security.


Article 4

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  • 1 The powers conferred upon the military authority by this law shall be exercised by military authorities appointed by our Minister of Defence as military agents.

  • 2 It shall also be governed by the hierarchical relationship of the military authorities with regard to the exercise of those powers.

  • 3 The designation, done under the first paragraph, shall be published in the Official Gazette and further in the manner laid down in the relevant Decision.


Article 5

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  • 1 A general measure of administration, on the proposal of our Minister-President, establishes an instruction for the military authority.

  • 2 Our Minister of Defence shall be empowered to give instructions for the execution of the instruction referred to in the first paragraph.


Article 6

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The law includes a provision, a decision, as well as the decommissioning of such a measure, or any modification made therein.


Article 7

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  • 1 Our Minister of Defence, or the military authority, commits in the exercise of its powers, Chapter II of this law, in advance, as far as possible, consultation with the bodies of civil authority.

  • 2 Regulations, given by our Minister of Defence or the military authority under this law, shall determine the time at which they enter into force and shall be published in accordance with the procedures laid down in those Regulations. In any case, the regulations are placed in the Official Gazette.

  • 3 Our Minister of Defence or the military authority shall notify the regulations referred to in paragraph 2 as soon as possible to the Ministers concerned and to the other authorities.

  • 4 The bodies of civil authority shall give the measures which they adopt under the Act extraordinary powers of civil authority have given or ordered, as soon as possible, knowledge to Our Minister of Defence and the military authority.

  • 5 Measures under the Act extraordinary powers of civil authority ordered, respectively, by organs of civil authority, shall continue to be excluded if, in the opinion of Our Minister of Defence, or in the case of the limited or general emergency, in the judgment of the military authority, conflict with regulations and measures, imposed by our Minister of Defence or the military authority under this law.


Article 8

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  • 1 The military shall have jurisdiction in the lawful exercise of extraordinary powers. Chapter II to use force when its purpose justifies this, partly in view of the dangers inherent in the use of violence, and that it cannot be achieved in any other way.

  • 2 If possible, the use of force shall be a warning prior to the use of force.

  • The exercise of the power specified in paragraph 1 shall be reasonable and moderate in relation to the objective pursued.

  • 4 In the case of a general measure of management, detailed rules on the use of force referred to in paragraph 1 shall be laid down.

Chapter II. Special powers

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Article 9 [ Enter into force at a time to be determined]

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Article 10 [ Enter into force at a time to be determined]

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Article 11 [ Enter into force at a time to be determined]

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Article 12 [ Enter into force at a time to be determined]

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Article 13 [ Enter into force at a time to be determined]

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Article 14 [ Enter into force at a time to be determined]

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Article 15 [ Enter into force at a time to be determined]

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Article 16 [ Enter into force at a time to be determined]

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Article 17 [ Enter into force at a time to be determined]

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Article 18 [ Enter into force at a time to be determined]

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Article 19 [ Enter into force at a time to be determined]

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Article 20 [ Enter into force at a time to be determined]

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Article 21 [ Enter into force at a time to be determined]

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Article 22 [ Enter into force at a time to be determined]

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Article 23 [ Enter into force at a time to be determined]

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Article 24 [ Enter into force at a time to be determined]

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Article 25 [ Enter into force at a time to be determined]

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Article 26 [ Enter into force at a time to be determined]

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Article 27 [ Enter into force at a time to be determined]

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Article 28 [ Enter into force at a time to be determined]

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Article 29 [ Enter into force at a time to be determined]

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Article 30 [ Enter into force at a time to be determined]

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Article 31 [ Enter into force at a time to be determined]

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Article 32 [ Enter into force at a time to be determined]

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Article 33 [ Enter into force at a time to be determined]

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Article 34 [ Enter into force at a time to be determined]

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Article 35 [ Enter into force at a time to be determined]

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Article 36 [ Enter into force at a time to be determined]

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Article 37 [ Enter into force at a time to be determined]

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Article 38 [ Enter into force at a time to be determined]

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Article 39 [ Enter into force at a time to be determined]

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Article 40 [ Enter into force at a time to be determined]

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Article 41 [ Enter into force at a time to be determined]

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Article 42 [ Enter into force at a time to be determined]

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Article 43 [ Enter into force at a time to be determined]

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Article 44 [ Enter into force at a time to be determined]

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Article 45 [ Enter into force at a time to be determined]

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Article 46 [ Enter into force at a time to be determined]

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Article 47 [ Enter into force at a time to be specified]

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Article 48 [ Enter into force at a time to be determined]

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Article 49 [ Enter into force at a time to be determined]

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Article 50 [ Enter into force at a time to be determined]

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Article 51 [ Enter into force at a time to be determined]

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Article 52 [ Enter into force at a time to be determined]

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Article 53 [ Enter into force at a time to be determined]

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Chapter III. Compensation

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Article 54

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  • 1 If by application of one of the Articles 16 , 17 and 18 The holder shall be compensated in accordance with general rules of management, unless by law or by agreement with the rightholder, or is determined otherwise.

  • 2 The same is done, if it is shown, that weapons, ammunition or explosive substances, delivered on orders pursuant to Article 20, first paragraph , not to be returned to the rightholder in the condition in which they were in the case of delivery.

  • 3 Under the rightholder in the sentence of this Article Means the owner, the limited owner, the tenant, the tenant and the merceny buyer of the case.


Article 55

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  • 1 If a case has been advanced by property, the property shall be raised at the time of payment of the claim.

  • 2 The property shall be free of all charges and rights relating to the case; only inherited services may remain established on it, but not with approval by or because of the military authority. Dike and similar charges and all taxes, known as the advanced case, or paid, shall begin from the day of the transfer of ownership of the property to the State.

  • 3 In all cases where, as a result of a claim under this law, the property has been transferred from a case which is also registry-good, the military authority shall as soon as possible for registration of that transfer in the public registers concerned. Take care.

  • 4 Article 24, 1st paragraph, of Book 3 of the Civil Code does not apply.

  • 5 In the case of the transfer of property at the time of the transfer of property to the advanced case, the issuing of mortgage tenders shall be automatically decommitted.


Article 56

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  • 1 To Obtain Compensation as referred to in Article 54 the rightholder must submit an application to our Minister of Defence.

  • 2 This application shall be made:

    • a. in the event, that the notice was made, as intended in Article 18, second paragraph , within six months of that communication;

    • b. In the case of arms, ammunition and explosive substances, delivered pursuant to Article 20 , shall be returned within six months of such return;

    • c. in all other cases within six months of the date on which Article 16 , 17 , 18 and 20 have been put out of operation.


Article 57

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  • 1 As soon as possible after receipt of the application, but within six months, our Minister of Defence shall offer a proposal for compensation or notice that no terms for compensation are present.

  • 2 If, within the period referred to in the first paragraph, no proposal or notice is received by the rightholder or does not vote in favour of this proposal or notice, he may ask the cantoncourt to fix the compensation.


Article 58

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  • 1 The provisions relating to civil action shall be in respect of the disputes referred to in Article 4 (1). Article 57, second paragraph , applicable, where the following paragraphs do not derogate from them.

  • 2 All legal claims for compensation of damages, referred to in Article 57, second paragraph , shall be notified to the court of cantonal courts.

  • 4 The claim shall be brought by the submission in duplicate of a duly motivated petition. The Registrar shall send a copy of the application to our Minister for Defence within a week of receipt of the application. Our Minister mentioned may submit to the judge a vertoogscript in two-old. The Registrar shall forward a copy of the notice to the applicant without delay.

  • 5 If, either in the application or in the notice, or in any form of writing, within one week of the dispatch of a copy of the notice to the applicant, it was requested that the case be explained orally, or the Judge should be given the right to speak the applicant and the person designated by Our Minister in the notice of his notice must be summoned to that end by the Registrar.

  • 6 The costs shall be borne by the State unless the court finds, in the circumstances of the case, terms to compensate all or part of the costs, except that the costs are borne entirely by the applicant, if it is no longer paid by the applicant; was then offered by Our Minister.


Article 59

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If overrun of the deadlines, mentioned in Article 56 and 58, third member If the rightholder cannot reasonably be charged, in the case of an application, as referred to in Article 4 (1), Article 56 , with regard to the application and, in the case of claims, as referred to in Article 57, second paragraph In respect of those claims, the time limits have not been exceeded.

Chapter IV. Coercion and Penal Provisions

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Article 60

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The authorities, with the power to exercise any power specified in this Act, shall be empowered to enforce administrative coercion in order to enforce their regulations or measures.


Article 61

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  • 2 The fact of the matter is a violation.


Article 62

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  • 1 Intentional infringement of the provisions of Article 28, first paragraph, or Article 34 shall be punished by imprisonment of up to four years or a fine of the fourth category.

  • 2 The fact of the matter is a crime.


Article 63

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  • 2 The offence referred to in the first paragraph shall be an infringement.

  • 3 Violation of on the basis of Article 20, second paragraph , given temporary arrangements, shall be punished by imprisonment of up to six years or a fine of the fourth category.

  • 4 The offence referred to in the third paragraph is a crime.


Article 64

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Violation of an on-the-ground Article 15 given temporary arrangement shall be punished by the same penalty as that imposed on it on the basis of Article 15 is laid out in another legal requirement or may be prescribed by the bodies referred to in that Article from bodies other than the State.


Article 65

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If the offences are: Articles 131 , 132 , 138 , 139 , 141 , 143 , 179 to: 182 , 184 , 186 and 187 of the Code of Criminal Law are committed during the restricted or general state of emergency, the prison sentences imposed by those provisions may be increased by a third party, and the naasthogere money-of-money category may be imposed.


Article 66

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  • 1 Except the in case of Articles 141 and 142 of the Code of Criminal Procedure During the limited and general emergency, the officials have been appointed and appointed to that end by the military authority, after consultation with our Minister of Justice.

  • 2 Of a decision referred to in paragraph 1 shall be communicated by means of a decision of the Official Gazette .

  • 3 Detailed rules on the swearing-in of persons referred to in paragraph 1 shall be adopted by general measures of management.


Article 67

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On the grounds, intended in Article 67 A of the Code of Criminal Procedure , provisional detention for violations of provisions in or pursuant to this Law, as well as for all offences, has been granted for the limited and general emergency.

Chapter V. Final provisions

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Article 68

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The Law of War for the Netherlands ( Stb 1964, 337) shall be repealed.


Article 69

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This Act, with the exception of Article 9 to: 53 1 , in force at a time to be determined by royal decree.


Article 70

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This law is cited as: War Act for the Netherlands .

Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Issued at The Hague, 3 April 1996

Beatrix

The Minister-President, Minister for General Affairs,

W. Kok

The Minister of Defence,

J. J. C. Voorhoeve

Published the ninth of July 1996

The Minister of Justice,

W. Sorgdrager