Rechtsherstel als moreel design: De Uitkeringsregeling NS voor vervolgingsslachtoffers

Wouter Veraart

Rechtsherstel als moreel design: De Uitkeringsregeling NS voor vervolgingsslachtoffers

Translated title of the contribution: Reparation as Moral Design: The Benefit Scheme for Victims of Persecution of the Dutch Railways

Wouter Veraart

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Abstract

Salo Muller, a Dutch-Jewish Holocaust-survivor, was able to convince the Dutch Railways (NS) to provide compensation to Jewish victims of the Nazi persecution who were transported by NS to the Dutch concentration camps and from there to the German border. The Dutch Railways profited financially from these transports. The Germans paid NS bills with money from looted Jewish assets.
The Benefit Scheme is understood to offer an allowance on moral grounds and not a form of compensation. NS is not legally liable, stated Roger van Boxtel, CEO of NS. A moral gesture remains.
But does this specific form of reparation meet the internationally recognized requirements of transitional justice? Is the allowance from NS sufficient to qualify as a successful form of restoration of rights? Or should the voluntary allowance rather be seen as a form of corporate marketing, which does not yet fundamentally change the basic attitude of the company towards its own past?
While answering this question in detail, a comparison is made with the case of the French railways (SNCF) that inspired Salo Muller.

Translated title of the contribution	Reparation as Moral Design: The Benefit Scheme for Victims of Persecution of the Dutch Railways
Original language	Dutch
Place of Publication	Hilversum
Publisher	Uitgeverij Verbum
Number of pages	61
ISBN (Electronic)	9789493028456
Publication status	Published - 8 Oct 2020

Bibliographical note

'Rechtsherstel als moreel design' has previously been published in Overheid en Aansprakelijkheid 2020/26, p. 49-62, at Wolters Kluwer Publishers. Wolter Kluwer authorized this reissue. In the book-version some minor adjustments were made.

Keywords

transitional justice
Holocaust
reparation
railroads
accountability
SNCF
NS
Deportation
law
Second World War
corporate crime

VU Research Profile

Governance for Society

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

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Side-boekje Rechtsherstel als moreel design - Wouter Veraart dd 8 oktober 2020 def IIFinal published version, 1.34 MB

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title = "Rechtsherstel als moreel design: De Uitkeringsregeling NS voor vervolgingsslachtoffers ",

abstract = "Salo Muller, a Dutch-Jewish Holocaust-survivor, was able to convince the Dutch Railways (NS) to provide compensation to Jewish victims of the Nazi persecution who were transported by NS to the Dutch concentration camps and from there to the German border. The Dutch Railways profited financially from these transports. The Germans paid NS bills with money from looted Jewish assets.The Benefit Scheme is understood to offer an allowance on moral grounds and not a form of compensation. NS is not legally liable, stated Roger van Boxtel, CEO of NS. A moral gesture remains.But does this specific form of reparation meet the internationally recognized requirements of transitional justice? Is the allowance from NS sufficient to qualify as a successful form of restoration of rights? Or should the voluntary allowance rather be seen as a form of corporate marketing, which does not yet fundamentally change the basic attitude of the company towards its own past?While answering this question in detail, a comparison is made with the case of the French railways (SNCF) that inspired Salo Muller.",

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N2 - Salo Muller, a Dutch-Jewish Holocaust-survivor, was able to convince the Dutch Railways (NS) to provide compensation to Jewish victims of the Nazi persecution who were transported by NS to the Dutch concentration camps and from there to the German border. The Dutch Railways profited financially from these transports. The Germans paid NS bills with money from looted Jewish assets.The Benefit Scheme is understood to offer an allowance on moral grounds and not a form of compensation. NS is not legally liable, stated Roger van Boxtel, CEO of NS. A moral gesture remains.But does this specific form of reparation meet the internationally recognized requirements of transitional justice? Is the allowance from NS sufficient to qualify as a successful form of restoration of rights? Or should the voluntary allowance rather be seen as a form of corporate marketing, which does not yet fundamentally change the basic attitude of the company towards its own past?While answering this question in detail, a comparison is made with the case of the French railways (SNCF) that inspired Salo Muller.

AB - Salo Muller, a Dutch-Jewish Holocaust-survivor, was able to convince the Dutch Railways (NS) to provide compensation to Jewish victims of the Nazi persecution who were transported by NS to the Dutch concentration camps and from there to the German border. The Dutch Railways profited financially from these transports. The Germans paid NS bills with money from looted Jewish assets.The Benefit Scheme is understood to offer an allowance on moral grounds and not a form of compensation. NS is not legally liable, stated Roger van Boxtel, CEO of NS. A moral gesture remains.But does this specific form of reparation meet the internationally recognized requirements of transitional justice? Is the allowance from NS sufficient to qualify as a successful form of restoration of rights? Or should the voluntary allowance rather be seen as a form of corporate marketing, which does not yet fundamentally change the basic attitude of the company towards its own past?While answering this question in detail, a comparison is made with the case of the French railways (SNCF) that inspired Salo Muller.

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KW - Holocaust

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KW - accountability

KW - SNCF

KW - NS

KW - Deportation

KW - law

KW - Second World War

KW - corporate crime

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BT - Rechtsherstel als moreel design

PB - Uitgeverij Verbum

CY - Hilversum

ER -

Rechtsherstel als moreel design: De Uitkeringsregeling NS voor vervolgingsslachtoffers

Abstract

Bibliographical note

Keywords

VU Research Profile

UN SDGs

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Rechtsherstel als moreel design: Enkele kritische opmerkingen bij de Uitkeringsregeling NS voor vervolgingsslachtoffers

Two Rounds of Postwar Restitution and Dignity Restoration in the Netherlands and in France

Ontrechting en rechtsherstel in Nederland en Frankrijk in de jaren van bezetting en wederopbouw

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