The Policy Requirement Sample Clauses

The Policy Requirement. In Kunarac, the ICTY Appeals Chamber rejected the defense’s claim that crimes against humanity had to have been committed pursuant to a “plan or policy.” In its 82 Prosecutor x. Xxxxxx & Xxxxxx, IT-95-14/2, Judgment, paras. 175, 178 (26 Feb. 2001). 83 Prosecutor x. Xxxxxxx, IT-95-14-T, Judgment, para. 207 (3 Mar. 2000). 84 IMT JUDGMENT, 60. 85 Prosecutor x. Xxxxx, IT-94-1-T, Judgment, para. 648 (7 May 1997). 86 Xxxxxxxx, 933. 87 XXXXXXX XXXXXXX, THE INTERNATIONAL CRIMINAL COURT: A COMMENTARY ON THE ROME STATUTE 143 (2010). view, “[t]here was nothing in the Statute or in customary international law at the time of the alleged acts” – 1992-1993 – “which required proof of the existence of a plan or policy to commit those crimes.”88 It cited a variety of legal sources in defense of that conclusion, ranging from Article 6(c) of the London Charter to the Secretary- General’s Report on the Security Council resolution that created the ICTY.89 Xxxx Xxxxxxx has convincingly demonstrated that the Appeals Chamber misrepresented the vast majority of the sources it cited in “famous footnote” 114 and conveniently omitted a number of sources that would have undermined its claim that the pre-ICTY customary definition of crimes against humanity did not contain a policy requirement. 90 Although not mentioned by Xxxxxxx, Xxxxxxx similarly misused Law No. 10 and the NMT judgments. The Appeals Chamber cited Law No. 10 as evidence that a policy was not required, but failed to mention that it was designed to “give effect to the terms” of the London Charter,91 which specifically limited the category of potential defendants to persons “acting in the interests of the European Axis countries, whether as individuals or as members of organizations.”92 Even worse, the Chamber simply disregarded the Justice tribunal’s adoption of the policy requirement – a position taken by the Einsatzgruppen, Ministries, and Medical tribunals, as well – on the ground that Xxxxxxxxxxxx, the High Court of Australia case, had ostensibly shown that the judgment did not consitute “an authoritative statement of customary international law.” As discussed earlier, however, Xxxxxxxxxxxx wrongly assumed that the NMTs were national courts applying domestic law. The Appeals Chamber was also willing, a mere 25 paragraphs later, to rely exclusively on Xxxx to hold that enslavement as a crime against humanity did not require mistreatment.93 Unlike the ICTY, the ICC has specifically incorporated a policy requirement int...
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Related to The Policy Requirement

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

  • Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • NOW, THEREFORE the parties hereto agree as follows:

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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