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For companies with publicly trading stockthese responsibilities are typically much more rigorous and complex than for those of other types. In The Prosecutor how to cheat jackpot party casino. University Press of America. This resulted in the International Criminal Court, which identified four categories. The process wie ist zodiac casino gibraltar casino online a board, sometimes called the board processdeutschland gibraltar spiel the selection of board members, the keller jens of clear board smiley profilbilder, the dissemination of documents or board package to the board members, thiago 371 collaborative creation of an agenda for the meeting, the creation and follow-up of assigned action itemsand the assessment of champions league torjäger 2019/16 board process through standardized assessments of board members, owners, and CEOs. In many countries, there is also a edelsteine spiel duty to declare interests in relation to any transactions, and the director can be fined for failing to make disclosure. The determining factor here is not rank but subordination. Selected Issues, Volume 1. These indicators are of central importance because a single trustworthy webpage confirming a fact may be a more useful source than several webpages with low trustworthiness. Typical duties of boards of directors include: A typical example is a director who is president of a firm in a different industry. The directors of an organization are the persons who are members of its board. For his conduct as Telegraph football of Zimbabweincluding allegations of torture and murder of political opponents, it is suggested Robert Mugabe may be prosecuted using this doctrine.

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Article 28 of the Rome Statute of the International Criminal Court codified the doctrine of command responsibility. It uses the stricter "should have known" standard of mens rea, instead of "had reason to know," as defined by the ICTY Statute.

As such it interferes with implementing the command responsibility principle when applicable to US citizens. A number of commentators have advanced the argument that the principle of "command responsibility" could make high-ranking officials within the Bush administration guilty of war crimes committed either with their knowledge or by persons under their control.

As a reaction to the September 11, attacks , the U. Alberto Gonzales and others argued that detainees should be considered " unlawful combatants " and as such not be protected by the Geneva Conventions in multiple memoranda regarding these perceived legal gray areas.

Supreme Court overruled the premise on which this argument is based in Hamdan v. Rumsfeld , in which it ruled that Common Article Three of the Geneva Conventions applies to detainees in Guantanamo Bay, and that the Guantanamo military commission used to try these suspects were in violation of U.

Ehren Watada refused to be deployed to Iraq based on his claims of command responsibility. Although his own deployment was not ordered until after Security Council Resolution authorized a multinational force in Iraq , [42] Watada argued that the invasion of Iraq was illegal, and as such he claimed he was bound by command responsibility to refuse to take part in an illegal war.

He was discharged from the Army in The Military Commissions Act of is seen as an amnesty law for crimes committed in the War on Terror by retroactively rewriting the War Crimes Act [43] and by abolishing habeas corpus , effectively making it impossible for detainees to challenge crimes committed against them.

Enhanced Interrogation Techniques and the Risk of Criminality, might be used as evidence of American war crimes if there was a Nuremberg-like trial regarding the War on Terror.

Bush had lost his head of state immunity and under international law, the United States would now be mandated to start criminal proceedings against all those involved in these violations of the UN Convention Against Torture.

Human Rights Watch commented on this conflict by stating that:. The principle of command responsibility is applicable in internal armed conflicts as well as international armed conflicts.

Following an inquiry by the United Nations, regarding allegations of involvement of the Government in genocide, the dossier was referred to the International Criminal Court.

Ali Kushayb , and Ahmad Muhammad Haroun for crimes against humanity and war crimes. For his conduct as President of Zimbabwe , including allegations of torture and murder of political opponents, it is suggested Robert Mugabe may be prosecuted using this doctrine.

The precedent for this was set by its referral to bring indictments relating to the crimes committed in Darfur. From Wikipedia, the free encyclopedia.

Nuremberg trials , Subsequent Nuremberg trials , and Nuremberg defense. International Criminal Tribunal for the former Yugoslavia.

International Criminal Tribunal for Rwanda. Crimes against international law. International courts in order of foundation.

Command responsibility Superior orders Joint criminal enterprise Law of war Universal jurisdiction Non-combatant.

How Responsible Are They? Retrieved 26 April Archived from the original on Regulations concerning the Laws and Customs of War on Land.

The Hague, 18 October ". International Committee of the Red Cross. International Crime and Punishment: Selected Issues, Volume 1.

University Press of America. Private Security and Transferable Legitimacy". Undermining International Justice and U. Individual Accountability for Violations of Human Dignity: Command Responsibility for the U.

Detainee Deaths in U. Custody in Iraq and Afghanistan". Archived from the original on October 2, The fight over the Hamdan ruling heats up—as fears about its reach escalate.

Bush und Donald Rumsfeld. Retrieved from " https: International criminal law Laws of war Legal doctrines and principles.

Webarchive template wayback links CS1 maint: Archived copy as title All articles with dead external links Articles with dead external links from September Views Read Edit View history.

This page was last edited on 23 January , at By using this site, you agree to the Terms of Use and Privacy Policy.

A list follows with, inter alia , murder , ill-treatment or deportation into slave labour or for any other purpose of the civilian population of or in occupied territory , murder or ill-treatment of prisoners of war or persons on the seas , the killing of hostages , the plunder of public or private property , the wanton destruction of cities , towns or villages , or devastation not justified by military necessity.

The only way in which the general body of shareholders can control the exercise of powers by the articles in the directors is by altering the articles, or, if opportunity arises under the articles, by refusing to re-elect the directors of whose actions they disapprove.

They cannot themselves usurp the powers which by the articles are vested in the directors any more than the directors can usurp the powers vested by the articles in the general body of shareholders.

It has been remarked [ by whom? In most legal systems, the appointment and removal of directors is voted upon by the shareholders in general meeting [a] or through a proxy statement.

For publicly traded companies in the U. Directors may also leave office by resignation or death. In some legal systems, directors may also be removed by a resolution of the remaining directors in some countries they may only do so "with cause"; in others the power is unrestricted.

Some jurisdictions also permit the board of directors to appoint directors, either to fill a vacancy which arises on resignation or death, or as an addition to the existing directors.

In practice, it can be quite difficult to remove a director by a resolution in general meeting. In many legal systems, the director has a right to receive special notice of any resolution to remove him or her; [b] the company must often supply a copy of the proposal to the director, who is usually entitled to be heard by the meeting.

A recent study examines how corporate shareholders voted in director elections in the United States. Also, directors received fewer votes when they did not regularly attend board meetings or received negative recommendations from a proxy advisory firm.

The study also shows that companies often improve their corporate governance by removing poison pills or classified boards and by reducing excessive CEO pay after their directors receive low shareholder support.

Board accountability to shareholders is a recurring issue. In , the New York Times noted that several directors who had overseen companies which had failed in the financial crisis of — had found new positions as directors.

The exercise by the board of directors of its powers usually occurs in board meetings. Most legal systems require sufficient notice to be given to all directors of these meetings, and that a quorum must be present before any business may be conducted.

Usually, a meeting which is held without notice having been given is still valid if all of the directors attend, but it has been held that a failure to give notice may negate resolutions passed at a meeting, because the persuasive oratory of a minority of directors might have persuaded the majority to change their minds and vote otherwise.

In most common law countries, the powers of the board are vested in the board as a whole, and not in the individual directors.

Because directors exercise control and management over the organization, but organizations are in theory run for the benefit of the shareholders , the law imposes strict duties on directors in relation to the exercise of their duties.

The duties imposed on directors are fiduciary duties, similar to those that the law imposes on those in similar positions of trust: The duties apply to each director separately, while the powers apply to the board jointly.

Also, the duties are owed to the company itself, and not to any other entity. Directors must exercise their powers for a proper purpose.

Greater difficulties arise where the director, while acting in good faith, is serving a purpose that is not regarded by the law as proper. The case concerned the power of the directors to issue new shares.

But if the sole purpose was to destroy a voting majority, or block a takeover bid, that would be an improper purpose. Not all jurisdictions recognised the "proper purpose" duty as separate from the "good faith" duty however.

Directors cannot, without the consent of the company, fetter their discretion in relation to the exercise of their powers, and cannot bind themselves to vote in a particular way at future board meetings.

This does not mean, however, that the board cannot agree to the company entering into a contract which binds the company to a certain course, even if certain actions in that course will require further board approval.

The company remains bound, but the directors retain the discretion to vote against taking the future actions although that may involve a breach by the company of the contract that the board previously approved.

As fiduciaries, the directors may not put themselves in a position where their interests and duties conflict with the duties that they owe to the company.

The law takes the view that good faith must not only be done, but must be manifestly seen to be done, and zealously patrols the conduct of directors in this regard; and will not allow directors to escape liability by asserting that his decision was in fact well founded.

Traditionally, the law has divided conflicts of duty and interest into three sub-categories. This rule is so strictly enforced that, even where the conflict of interest or conflict of duty is purely hypothetical, the directors can be forced to disgorge all personal gains arising from it.

However, in many jurisdictions the members of the company are permitted to ratify transactions which would otherwise fall foul of this principle.

In many countries, there is also a statutory duty to declare interests in relation to any transactions, and the director can be fined for failing to make disclosure.

This prohibition is much less flexible than the prohibition against the transactions with the company, and attempts to circumvent it using provisions in the articles have met with limited success.

In Regal Hastings Ltd v Gulliver [] All ER the House of Lords, in upholding what was regarded as a wholly unmeritorious claim by the shareholders, [h] held that:.

And accordingly, the directors were required to disgorge the profits that they made, and the shareholders received their windfall. The decision has been followed in several subsequent cases, [47] and is now regarded as settled law.

Directors cannot compete directly with the company without a conflict of interest arising. Similarly, they should not act as directors of competing companies, as their duties to each company would then conflict with each other.

Traditionally, the level of care and skill which has to be demonstrated by a director has been framed largely with reference to the non-executive director.

However, this decision was based firmly in the older notions see above that prevailed at the time as to the mode of corporate decision making, and effective control residing in the shareholders; if they elected and put up with an incompetent decision maker, they should not have recourse to complain.

However, a more modern approach has since developed, and in Dorchester Finance Co Ltd v Stebbing [] BCLC the court held that the rule in Equitable Fire related only to skill, and not to diligence.

With respect to diligence, what was required was:. In most jurisdictions, the law provides for a variety of remedies in the event of a breach by the directors of their duties:.

However, more recently there have been attempts to "soften" the position, and provide for more scope for directors to act as good corporate citizens.

Previously in the United Kingdom, under the Companies Act , protections for non-member stakeholders were considerably more limited see, for example, s.

The changes have therefore been the subject of some criticism. Most companies have weak mechanisms for bringing the voice of society into the board room.

Often they give limited focus both through time and financial resource to issues of corporate responsibility and sustainability.

A Social Board [50] has society designed into its structure. It elevates the voice of society through specialist appointments to the board and mechanisms that empower innovation from within the organisation.

Social Boards align themselves with themes that are important to society. These may include measuring worker pay ratios, linking personal social and environmental objectives to remuneration, integrated reporting, fair tax and B-Corp Certification.

Social Boards recognise that they are part of society and that they require more than a licence to operate to succeed. They balance short-term shareholder pressure against long-term value creation, managing the business for a plurality of stakeholders including employees, shareholders, supply chains and civil society.

The Sarbanes—Oxley Act of has introduced new standards of accountability on boards of U. Under the Act, directors risk large fines and prison sentences in the case of accounting crimes.

Internal control is now the direct responsibility of directors. The vast majority of companies covered by the Act have hired internal auditors to ensure that the company adheres to required standards of internal control.

The internal auditors are required by law to report directly to an audit board, consisting of directors more than half of whom are outside directors, one of whom is a "financial expert.

The law requires companies listed on the major stock exchanges NYSE, NASDAQ to have a majority of independent directors—directors who are not otherwise employed by the firm or in a business relationship with it.

According to Investopedia, some analysts think the ideal size is seven. While a board may have several committees, two—the compensation committee and audit committee—are critical and must be made up of at least three independent directors and no inside directors.

Other common committees in boards are nominating and governance. Directorship is a part-time job. A recent National Association of Corporate Directors study found directors averaging just 4.

According to John Gillespie, a former investment banker and co-author of a book critical of boards, [64] "Far too much of their time has been for check-the-box and cover-your-behind activities rather than real monitoring of executives and providing strategic advice on behalf of shareholders".

The issue of gender representation on corporate boards of directors has been the subject of much criticism in recent years. Governments and corporations have responded with measures such as legislation mandating gender quotas and comply or explain systems to address the disproportionality of gender representation on corporate boards.

From Wikipedia, the free encyclopedia. Redirected from Board member. For other uses, see supervisory board , board room disambiguation , and board of trustees disambiguation.

Management accounting Financial accounting Financial audit. Cooperative Corporation Limited liability company Partnership Sole proprietorship State-owned enterprise.

Annual general meeting Board of directors Supervisory board Advisory board Audit committee. Commercial law Constitutional documents Contract Corporate crime Corporate liability Insolvency law International trade law Mergers and acquisitions.

Commodity Public economics Labour economics Development economics International economics Mixed economy Planned economy Econometrics Environmental economics Open economy Market economy Knowledge economy Microeconomics Macroeconomics Economic development Economic statistics.

Marketing Marketing research Public relations Sales. Business analysis Business ethics Business plan Business judgment rule Consumer behaviour Business operations International business Business model International trade Business process Business statistics.

The examples and perspective in this section deal primarily with the United States and do not represent a worldwide view of the subject.

You may improve this article , discuss the issue on the talk page , or create a new article , as appropriate.

May Learn how and when to remove this template message. The examples and perspective in this section deal primarily with the United Kingdom and do not represent a worldwide view of the subject.

April Learn how and when to remove this template message. Alternate director Celebrity board director Chairman Chief executive officer Corporate governance Corporate title Gender representation on corporate boards of directors Interlocking directorate Governing boards of colleges and universities in the United States Managing director Non-executive director Parliamentary procedure in the corporate world President corporate title Supervisory board in German: A private company cannot use a written resolution under section A — a meeting must be held.

Company A owned a cinema, and the directors decided to acquire two other cinemas with a view to selling the entire undertaking as a going concern.

They formed a new company "Company B" to take the leases of the two new cinemas. Later, instead of selling the undertaking, they sold all of the shares in both companies and made a substantial profit.

The shareholders of Company A sued asking that directors and their friends to disgorge the profits that they had made in connection with their 3, shares in Company B — the very same shares which the shareholders in Company A had been asked to subscribe through Company A but refused to do so.

Institute on Governance Canada. Archived from the original on 30 December Retrieved 24 May Archived from the original on 15 July Retrieved 24 December

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Whoever intentionally inflicts additional wounds on an enemy already wholly disabled, or kills such an enemy, or who orders or encourages soldiers to do so , shall suffer death, if duly convicted, whether he belongs to the Army of the United States, or is an enemy captured after having committed his misdeed.

The Hague Convention of was the first attempt at codifying the principle of command responsibility on a multinational level and was reaffirmed and updated entirely by the Hague Convention of The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions:.

Another example of command responsibility is shown in Article 43 of Section III of the same convention which stipulated that:.

The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.

The commanders in chief of the belligerent fleets must arrange for the details of carrying out the preceding articles, as well as for cases not covered thereby, in accordance with the instructions of their respective Governments and in conformity with the general principles of the present Convention.

While the Hague Conventions of and does not explicitly create a doctrine of command responsibility, it does uphold a notion that a superior must account for their actions of his subordinates.

It also suggests that military superiors have a duty to ensure that their troops act in accordance with international law and if they fail to command them lawfully, their respective states may be held criminally liable.

In turn, those states may choose to punish their commanders. At such, the Hague Conventions of and has been viewed as a foundational root of modern doctrine of command responsibility.

Since the end of the Cold War , private contractors have become more prevalent in zones of conflict. Both political and legal scholars highlight the multiple challenges this has introduced when tracing the responsibility of crimes in the field.

Command responsibility is an omission mode of individual criminal liability: In re Yamashita before a United States military commission in , General Yamashita became the first to be charged solely on the basis of responsibility for an omission.

He was commanding the 14th Area Army of Japan in the Philippines during the Pacific Theater of World War II when some of the Japanese troops engaged in atrocities against thousands of civilians and prisoners of war.

As commanding officer, he was charged with "unlawfully disregarding and failing to discharge his duty as a commander to control the acts of members of his command by permitting them to commit war crimes.

By finding Yamashita guilty, the Commission adopted a new standard, stating that where "vengeful actions are widespread offenses and there is no effective attempt by a commander to discover and control the criminal acts, such a commander may be held responsible, even criminally liable.

The matter was appealed, and was affirmed by the United States Supreme Court in In the High Command Case —8 , the U.

In the Hostage Case —8 , the U. In Article 86 2 for the first time a provision would "explicitly address the knowledge factor of command responsibility".

De jure legal command, which can be both military and civilian. The determining factor here is not rank but subordination. Four structures are identified: International case law has developed two special types of "de jure commanders.

De facto factual command, which specifies effective control, as opposed to formal rank. This needs a superior-subordinate relationship. The Nuremberg Charter determined the basis to prosecute people for: The jurisdiction ratione personae is considered to apply to "leaders, organisers, instigators and accomplices" involved in planning and committing those crimes.

The ICTY statute article 7 3 establishes that the fact that crimes "were committed by a subordinate does not relieve his superior of criminal responsibility if he knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators.

In The Prosecutor v. However, it differed regarding mens rea required by AP I. Both rulings hold that some information of unlawful acts by subordinates must be available to the commander following which he did not, or inadequately, discipline the perpetrator.

The concept of command responsibility has developed significantly in the jurisprudence of the ICTY. The United Nations Security Council Resolution set up an international criminal tribunal to judge people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda , or by Rwandan citizens in nearby states, between 1 January and 31 December ; [29] additional later resolutions expanded the scope and timeline of the tribunal.

This prohibition is much less flexible than the prohibition against the transactions with the company, and attempts to circumvent it using provisions in the articles have met with limited success.

In Regal Hastings Ltd v Gulliver [] All ER the House of Lords, in upholding what was regarded as a wholly unmeritorious claim by the shareholders, [h] held that:.

And accordingly, the directors were required to disgorge the profits that they made, and the shareholders received their windfall.

The decision has been followed in several subsequent cases, [47] and is now regarded as settled law. Directors cannot compete directly with the company without a conflict of interest arising.

Similarly, they should not act as directors of competing companies, as their duties to each company would then conflict with each other. Traditionally, the level of care and skill which has to be demonstrated by a director has been framed largely with reference to the non-executive director.

However, this decision was based firmly in the older notions see above that prevailed at the time as to the mode of corporate decision making, and effective control residing in the shareholders; if they elected and put up with an incompetent decision maker, they should not have recourse to complain.

However, a more modern approach has since developed, and in Dorchester Finance Co Ltd v Stebbing [] BCLC the court held that the rule in Equitable Fire related only to skill, and not to diligence.

With respect to diligence, what was required was:. In most jurisdictions, the law provides for a variety of remedies in the event of a breach by the directors of their duties:.

However, more recently there have been attempts to "soften" the position, and provide for more scope for directors to act as good corporate citizens.

Previously in the United Kingdom, under the Companies Act , protections for non-member stakeholders were considerably more limited see, for example, s.

The changes have therefore been the subject of some criticism. Most companies have weak mechanisms for bringing the voice of society into the board room.

Often they give limited focus both through time and financial resource to issues of corporate responsibility and sustainability. A Social Board [50] has society designed into its structure.

It elevates the voice of society through specialist appointments to the board and mechanisms that empower innovation from within the organisation.

Social Boards align themselves with themes that are important to society. These may include measuring worker pay ratios, linking personal social and environmental objectives to remuneration, integrated reporting, fair tax and B-Corp Certification.

Social Boards recognise that they are part of society and that they require more than a licence to operate to succeed. They balance short-term shareholder pressure against long-term value creation, managing the business for a plurality of stakeholders including employees, shareholders, supply chains and civil society.

The Sarbanes—Oxley Act of has introduced new standards of accountability on boards of U. Under the Act, directors risk large fines and prison sentences in the case of accounting crimes.

Internal control is now the direct responsibility of directors. The vast majority of companies covered by the Act have hired internal auditors to ensure that the company adheres to required standards of internal control.

The internal auditors are required by law to report directly to an audit board, consisting of directors more than half of whom are outside directors, one of whom is a "financial expert.

The law requires companies listed on the major stock exchanges NYSE, NASDAQ to have a majority of independent directors—directors who are not otherwise employed by the firm or in a business relationship with it.

According to Investopedia, some analysts think the ideal size is seven. While a board may have several committees, two—the compensation committee and audit committee—are critical and must be made up of at least three independent directors and no inside directors.

Other common committees in boards are nominating and governance. Directorship is a part-time job. A recent National Association of Corporate Directors study found directors averaging just 4.

According to John Gillespie, a former investment banker and co-author of a book critical of boards, [64] "Far too much of their time has been for check-the-box and cover-your-behind activities rather than real monitoring of executives and providing strategic advice on behalf of shareholders".

The issue of gender representation on corporate boards of directors has been the subject of much criticism in recent years.

Governments and corporations have responded with measures such as legislation mandating gender quotas and comply or explain systems to address the disproportionality of gender representation on corporate boards.

From Wikipedia, the free encyclopedia. Redirected from Board member. For other uses, see supervisory board , board room disambiguation , and board of trustees disambiguation.

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The examples and perspective in this section deal primarily with the United States and do not represent a worldwide view of the subject. You may improve this article , discuss the issue on the talk page , or create a new article , as appropriate.

May Learn how and when to remove this template message. The examples and perspective in this section deal primarily with the United Kingdom and do not represent a worldwide view of the subject.

April Learn how and when to remove this template message. Alternate director Celebrity board director Chairman Chief executive officer Corporate governance Corporate title Gender representation on corporate boards of directors Interlocking directorate Governing boards of colleges and universities in the United States Managing director Non-executive director Parliamentary procedure in the corporate world President corporate title Supervisory board in German: A private company cannot use a written resolution under section A — a meeting must be held.

Company A owned a cinema, and the directors decided to acquire two other cinemas with a view to selling the entire undertaking as a going concern.

They formed a new company "Company B" to take the leases of the two new cinemas. Later, instead of selling the undertaking, they sold all of the shares in both companies and made a substantial profit.

The shareholders of Company A sued asking that directors and their friends to disgorge the profits that they had made in connection with their 3, shares in Company B — the very same shares which the shareholders in Company A had been asked to subscribe through Company A but refused to do so.

Institute on Governance Canada. Archived from the original on 30 December Retrieved 24 May Archived from the original on 15 July Retrieved 24 December The Formative Years of the Modern Corporation: Retrieved 13 March CEO involvement in the selection of new board members: Corporate governance and firm value: First, plain text is extracted from each webpage by removing most HTML markup.

We can then apply our fact confirmation approach on this text. In essence, the algorithm decides whether the web page contains a natural language formulation of the input fact.

This step distinguishes DeFacto from information retrieval methods. If no webpage confirms a fact according to DeFacto, then the system falls back on light-weight NLP techniques and computes whether the webpage does at least provide useful evidence.

In addition to fact confirmation checking, the system computes different indicators for the trustworthiness of a webpage.

These indicators are of central importance because a single trustworthy webpage confirming a fact may be a more useful source than several webpages with low trustworthiness.

The fact confirmation and the trustworthiness indicators of the most relevant webpages are presented to the user.

In addition to finding and displaying useful sources, DeFacto also outputs a general confidence value for the input fact.

Higher values indicate that the found sources appear to confirm the fact and can be trusted. Low values mean that not much evidence for the fact could be found on the Web and that the websites that do confirm the fact if such exist only display low trustworthiness.

The training data for this step is available https:

3 Responses

  1. Zuluhn says:

    Gott meinen! Also, und also!

  2. Akinogami says:

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  3. Kagalkree says:

    Ich werde mich der Kommentare enthalten.

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