Joint Criminal Enterprise Sample Clauses

Joint Criminal Enterprise. The NMTs’ jurisprudence concerning enterprise liability has had relatively little effect on modern JCE doctrine. International tribunals have generally relied on the NMTs to establish the customary status of particular forms of JCE. In Xxxxx, the ICTY Appeals Chamber cited Einsatzgruppen as an example of “basic’ JCE (JCE I) – a correct interpretation of the tribunal’s position, although the Chamber actually cited the prosecution’s opening argument instead of the judgment.123 In Case No. 2, the ECCC relied on Law No. 10, Justice, and XxXXX for the existence of JCE I and “systemic” JCE (JCE II) under customary international law. 124 Finally, in Rwamakuba, the ICTR Appeals Chamber cited Justice and XxXXX as evidence that customary international law permits a defendant to be convicted of genocide via XXX X.125 These citations are clearly justified, although it is important to note that the tribunals did not specifically distinguish between “basic” and “systemic” JCEs. That does not mean that Case No. 2 was wrong to cite the NMT judgments for the customary status of JCE II; the Xxxx tribunal clearly considered the concentration-camp system to be a systemic JCE, as indicated by its rejection of Xxxxxxx’x claim that convicting him for playing a “minor” role in the system constituted guilt by association: As the officer in charge of personnel, [Xxxxxxx] was as much an integral part of the whole organization and as essential a cog in its operation as any other of Xxxx'x subordinates. He was in command of one of the essential ingredients of successful functioning. This has no relation to “group condemnation,” which has been so loudly decried. Personnel were just as important and essential in the whole nefarious plan as 120 Id. at 696 (Xxxxxx, X., dissenting). 121 Xxxxxxx, Trial Judgment, para. 282. 122 Id., para. 282 n. 508. 123 Xxxxx, Appeals Judgment, para. 200 and n. 245. 124 Case No. 2, Appeals Decision on JCE, paras. 65-69. 125 Rwamakuba, Appeals Judgment, paras. 15-22. barbed wire, watch dogs, and gas xxxxxxxx. The successful operation of the concentration camps required the coordination of men and materials, and Xxxxxxx to a substantial degree supplied the men.126 The ICTY takes the position that JCE II is “a variant” of JCE I, because it equally relies on a complex and carefully designed division of labor.127 The Xxxx tribunal’s emphasis on the “coordination” that was required to execute the “nefarious plan” behind the concentration camps indicates that it w...
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Related to Joint Criminal Enterprise

  • Joint Enterprise Each Borrower has requested that Agent and Lenders make this credit facility available to Borrowers on a combined basis, in order to finance Borrowers’ business most efficiently and economically. Borrowers’ business is a mutual and collective enterprise, and the successful operation of each Borrower is dependent upon the successful performance of the integrated group. Borrowers believe that consolidation of their credit facility will enhance the borrowing power of each Borrower and ease administration of the facility, all to their mutual advantage. Borrowers acknowledge that Agent’s and Lenders’ willingness to extend credit and to administer the Collateral on a combined basis hereunder is done solely as an accommodation to Borrowers and at Borrowers’ request.

  • Health Care Operations “Health Care Operations” shall have the same meaning as the term “health care operations” in 45 CFR §164.501.

  • Associated Enterprises Where (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly.

  • HEALTH AND WELFARE 36.01 Health and welfare benefits shall be as contained in Appendix "A" of this Agreement and shall form part of this Agreement.

  • HEALTH CARE PLANS ‌ Notwithstanding the references to the Pacific Blue Cross Plans in this article, the parties agree that Employers, who are not currently providing benefits under the Pacific Blue Cross Plans may continue to provide the benefits through another carrier providing that the overall level of benefits is comparable to the level of benefits under the Pacific Blue Cross Plans.

  • HEALTH AND WELFARE PLAN 9.01 The Employer shall make available the following or similar benefits as mutually agreed between the Employer and the Union to eligible regular full-time employees (as defined below). The cost of the benefits under Sections 9.07, 9.08, 9.09, 9.10, 9.11, 9.12 and 9.13 below shall be paid one hundred percent (100%) by the Employer. An eligible full-time employee shall be one who has three (3) consecutive months current employment at the effective date of the Plan. Benefits for full-time employees who are laid off will be maintained by the Employer for one half (½) of the employee's recall period as specified in Section 14.04 on the following basis: - B.C. Medical Services Plan (M.S.P.) - Group Life Insurance - Hearing aid, eyeglasses and prescription drug coverage A regular full-time employee who does not have three (3) months' current consecutive full-time service at the effective date of the Plan, or a new employee, shall be eligible the day following the date their current consecutive full-time service reaches three (3) months. 9.02 A regular full-time employee reduced to part-time shall continue to be eligible to participate in the Plan. Full-time employees reducing to below thirty-two (32) hours per week shall receive proportionate Weekly Indemnity benefits. Employees shall return completed enrollment forms as soon as possible. The Employer will only offer benefits after first eligibility test is met. If refused at that time by the employee, further testing is not required. If an employee later wants coverage, it is his or her responsibility to make application to the Employer. If he or she is eligible for coverage, the same rules regarding late enrollment as apply to full- time staff may be imposed. 9.03 The Employer shall also make available the benefits to employees (except students) who work an average of thirty-two (32) hours per week for a period of three (3) consecutive months. Such employees shall receive the same benefits as set out for full-time employees in this Section of the Agreement. 9.04 For the purposes of entitlement and disentitlement, the conditions set out below will apply: A. Employees who average thirty-two (32) hours per week for a three (3) month period will be eligible for all benefits under Section 9 on the first of the month following meeting this requirement. Eligibility verifications will be done each month ending on the last Saturday of the month on a 4, 4, 5 basis, i.e.: if an employee had averaged thirty-two (32) hours per week in the three (3) months prior to April 25, he/she would become eligible for the benefit package on May 1. B. If an employee fails to meet the eligibility test, he/she will continue to be eligible for three (3) months. At that time he/she will be tested again and, if eligible, will continue receiving benefits. If not eligible, will cease receiving benefits. Thereafter at the end of each month, the employee's eligibility will be tested and, as soon as he/she becomes eligible again, benefits will be reinstated. 9.05 The Employer shall also make available: - Medical Services Plan (M.S.P.) - Extended Health Benefit (E.H.B.) - Hearing Aid, Eyeglass, Prescription Drug Plan (H.E.P.) to employees (except students) who work an average of twenty-four (24) hours per week for a period of three (3) consecutive months. For the purposes of entitlement and disentitlement, the hours' tests set out above will apply, but will be based on twenty-four (24) hours instead of thirty-two (32) hours per week. New employees who are covered by the B.C. Medical Services Plan at the date of their employment can elect to maintain their continuity of coverage to be paid as defined above. 9.06 Enrollment of group benefits shall be compulsory at the option of the Employer. The Employer, at his option, may require all enrollment cards to be signed within three (3) months from the date that regular full-time employment commenced. If, under exceptional circumstances, an employee does not sign an enrollment card within three (3) months of employment, he or she may be allowed a further month of grace at the option of the Employer. A period of grace longer than one (1) month may be allowed by the Employer; but, in such cases, a medical examination at the employee's own expense shall be compulsory and a three (3) month penalty period may be imposed.

  • Enterprise Clarify specific needs of client/other employees; provide information and advice; follow-up on client/employee needs; clarify the nature of a verbal message; identify options for resolution and act accordingly.

  • Extended Health Care Plan ‌ The Employer shall pay the monthly premium for regular employees entitled to coverage under a mutually acceptable extended health care plan.

  • Disadvantaged Business Enterprise To the extent authorized by applicable federal laws, regulations, or requirements, the Recipient agrees to facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in the Underlying Agreement as follows:

  • Health and Welfare Fund Pursuant to provisions contained in a pre­ vious Collective Bargaining Agreement, there has been established a Health and Welfare Fund known as the “ Retail Meat Cutter Unions and Employers Joint Health and Welfare Fund For The Chicago Area” ; said Fund is hereinafter referred to as the “ Health and Welfare Fund.”

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