Underlying crimes Sample Clauses

Underlying crimes. The provisions on war crimes in the Rome Statute place little emphasis on protecting the environment. There is one war crime, set out in article 8(2)(b)(iv), which explicitly addresses harm to the environment, but that provision only applies in international armed conflicts, and is subject to highly restrictive requirements, as discussed in detail in a later section of this chapter.355 In the context of non-international armed conflicts, the coverage is even sparser. There is no provision corresponding to article 8(2)(b)(iv) and no other mention of the environment in the war crimes provisions (or in the Statute for that matter). In otherwise omitting to address the environment, article 8 of the Rome Statute reflects the broader orientation of international humanitarian law towards anthropocentric, rather than eco-centric, interests. For example, the United Nations Secretary-General observed that article 3 common to the Geneva Conventions of 1949 (which is reflected in article 8(2)(c) of the Rome Statute applicable to non-international armed conflicts) “does not say anything about protecting the environment during civil wars; it addresses only humanitarian issues in the strictest sense”.356 Similarly, Additional Protocol II (which is the source of many of the prohibitions set out in article 8(2)(e) of the Rome Statute) “contains no provisions relating explicitly to the environment”.357 Nonetheless, there are several war crimes prohibitions in the Rome Statute that are indirectly relevant to environmental harm. Several prohibitions, like wilful killing358 and murder,359 inhuman treatment,360 wilfully causing great suffering, or serious injury to body or health,361 cruel treatment,362 and unlawful deportation or transfer,363 largely overlap with underlying 354 Rome Statute, article 8. 355 See below, discussion of article 8(2)(b)(iv) at Chapter II(D)(1). 356 Secretary-General Report 1993, p.8. 357 Secretary-General Report 1993, p.8. The Secretary-General added that articles 14 and 15 of Additional Protocol II are indirectly relevant to the environment, as they deal with objects indispensable to the survival of the civilian population, and works and installations containing dangerous forces, respectively.
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Related to Underlying crimes

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  • Vendor Certification of Criminal History Texas Education Code Chapter 22 8 Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district pursuant to this law. DEFINITIONS Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. Vendor certifies: NONE (Section A): None of the employees of Vendor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Vendor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided under this procurement. OR SOME (Section B): Some or all of the employees of Vendor and any subcontractor are covered employees. If this box is checked, I further certify that: (1) Vendor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history; (2) If Vendor receives information that a covered employee subsequently has a reported criminal history, Vendor will immediately remove the covered employee from contract duties and notify the purchasing entity in writing within 3 business days; (3) Upon request, Vendor will provide the purchasing entity with the name and any other requested information of covered employees so that the purchasing entity may obtain criminal history record information on the covered employees; (4) If the purchasing entity objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Xxxxxx agrees to discontinue using that covered employee to provide services at the purchasing entity. Which option does Vendor certify? None Certification Regarding "Choice of Law" Terms with TIPS Members Vendor agrees that if any "Choice of Law" provision is included in any sales agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Choice of Law" applicable to the sales agreement/contract between Vendor and TIPS Member shall be the state where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a "Choice of Law" clause that conflicts with these terms is rendered void and unenforceable. If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. Does Vendor agree? Yes

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