GENEVA CONVENTIONS AND UNITED NATIONS PERSONNEL (PROTOCOLS) ACT 2009
(2009 c. 6)
CONTENTS
1 Amendments
of the Geneva Conventions Act 1957
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SCHEDULE – Schedule 7 to be
inserted into the Geneva Conventions
Act 1957
ELIZABETH II
2009 c. 6
AN ACT to amend the Geneva
Conventions Act 1957 so as to give effect to
the Protocol additional to the Geneva Conventions of 12 August 1949
done on 8 December 2005; and to amend the United Nations Personnel Act 1997
so as to give effect to the Optional Protocol to the Convention on the Safety
of United Nations and Associated Personnel adopted by the General Assembly of
the United Nations on 8 December 2005.
[2nd July 2009]
BE IT ENACTED by the Queen’s most
Excellent Majesty, by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows[1] –
1 Amendments
of the Geneva Conventions Act 1957
(1) The
Geneva
Conventions Act 1957
(c. 52) is amended as follows.
(2) In section 1
(grave breaches of Conventions and protocols), in subsection (1), for
“or the first protocol” substitute “, the first protocol or
the third protocol”.
(3) In subsection (1A)
of that section, after paragraph (b) insert
“;
and
(c) a grave breach of the
third protocol is anything which for the purposes of Article 6 of the
protocol constitutes the perfidious use of the emblem specified in
section 6(1)(f) of this Act”.
(4) In section 6 (use
of the Red Cross and other emblems), in subsection (1), after paragraph (e)
insert
“;
(f) the emblem of a red
frame in the shape of a square on edge on a white ground, conforming to the
illustration in Article 1 of the Annex to the third protocol (and whether
or not incorporating another emblem, or a combination of emblems, in accordance
with Article 3 of the protocol), or the designation “Red
Crystal” or “third Protocol emblem” ”.
(5) After
subsection (4A) of that section, insert –
“(4B) Subsection (4) of this section shall apply
in relation to a design or wording reproducing or resembling the emblem or a
designation specified in paragraph (f) of subsection (1) of this
section as it applies to designs or wording reproducing or resembling an emblem
or designation specified in paragraph (b) or (c) of that subsection.
(4C) But subsection (4) of this
section shall not apply by virtue of subsection (4B) of this section where
the use of the design or wording concerned is such as would appear, in time of
armed conflict, to confer the protection of the scheduled conventions and,
where applicable, the first protocol and the second protocol.
[(4D) For the purposes
of subsection (4B) of this section references in subsection (4) of
this section to the coming into operation of this Act in Jersey shall be
construed as references to the coming into operation of section 1 of, and
the Schedule to, the Geneva
Conventions and United Nations Personnel (Protocols) Act 2009 in
Jersey.]
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(7) In section 7
(interpretation), at the end of subsection (1) add
“;
“the third protocol” means the Protocol, additional to
the Geneva Conventions of 12 August 1949, relating to the Adoption of
an Additional Distinctive Emblem (Protocol III) done on
8 December 2005, the text of which is set out in Schedule 7”.
(8) After Schedule 6
(which sets out the text of the second protocol), insert the Schedule 7
contained in the Schedule to this Act (which sets out the text of the third
protocol).
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SCHEDULE
(Section 1(8))
schedule 7 to be inserted into the
geneva conventions act 1957
“SCHEDULE 7
(Section 7(1))
protocol additional to the geneva
conventions of 12 august 1949, and relating to the adoption of an
additional distinctive emblem (protocol iii), 8 december 2005
Preamble
The High Contracting Parties,
Reaffirming the provisions of the Geneva Conventions of
12 August 1949 (in particular Articles 26,
38, 42 and 44 of the First Geneva Convention) and, where applicable, their
Additional Protocols of 8 June 1977 (in particular Articles 18
and 38 of Additional Protocol I and Article 12 of Additional
Protocol II), concerning the use of distinctive emblems,
Desiring
to supplement the aforementioned provisions so as to
enhance their protective value and universal character,
Noting
that this Protocol is without prejudice to the recognized right of High
Contracting Parties to continue to use the emblems they are using in conformity
with their obligations under the Geneva Conventions and, where applicable, the
Protocols additional thereto,
Recalling
that the obligation to respect persons and objects protected by the Geneva
Conventions and the Protocols additional thereto derives from their protected
status under international law and is not dependent on use of the distinctive
emblems, signs or signals,
Stressing
that the distinctive emblems are not intended to have any religious, ethnic,
racial, regional or political significance,
Emphasizing the importance of ensuring full respect for the obligations
relating to the distinctive emblems recognized in the Geneva Conventions, and,
where applicable, the Protocols additional thereto,
Recalling
that Article 44 of the First Geneva Convention makes the distinction
between the protective use and the indicative use of the distinctive emblems,
Recalling
further that National Societies undertaking activities on the territory of
another State must ensure that the emblems they intend to use within the
framework of such activities may be used in the country where the activity
takes place and in the country or countries of transit,
Recognizing the difficulties that certain States and National Societies may
have with the use of the existing distinctive emblems,
Noting the
determination of the International Committee of the Red Cross, the
International Federation of Red Cross and Red Crescent Societies and the
International Red Cross and Red Crescent Movement to retain their current names
and emblems,
Have agreed on the following:
Article 1 – Respect for
and scope of application of this Protocol
1 The
High Contracting Parties undertake to respect and to ensure respect for this
Protocol in all circumstances.
2 This
Protocol reaffirms and supplements the provisions of the four Geneva
Conventions of 12 August 1949 (“the Geneva Conventions”)
and, where applicable, of their two Additional Protocols of 8 June 1977
(“the 1977 Additional Protocols”) relating to the distinctive
emblems, namely the red cross, the red crescent and the red lion and sun, and
shall apply in the same situations as those referred to in these provisions.
Article 2 –
Distinctive emblems
1 This
Protocol recognizes an additional distinctive emblem in addition to, and for
the same purposes as, the distinctive emblems of the Geneva Conventions. The
distinctive emblems shall enjoy equal status.
2 This
additional distinctive emblem, composed of a red frame in the shape of a square
on edge on a white ground, shall conform to the illustration in the Annex to
this Protocol. This distinctive emblem is referred to in this Protocol as the
“third Protocol emblem”.
3 The
conditions for use of and respect for the third Protocol emblem are identical
to those for the distinctive emblems established by the Geneva Conventions and,
where applicable, the 1977 Additional Protocols.
4 The
medical services and religious personnel of armed forces of High Contracting
Parties may, without prejudice to their current emblems, make temporary use of
any distinctive emblem referred to in paragraph 1 of this Article where
this may enhance protection.
Article 3 –
Indicative use of the third Protocol emblem
1 National
Societies of those High Contracting Parties which decide to use the third
Protocol emblem may, in using the emblem in conformity with relevant national
legislation, choose to incorporate within it, for indicative purposes:
(a) a
distinctive emblem recognized by the Geneva Conventions or a combination of
these emblems; or
(b) another
emblem which has been in effective use by a High Contracting Party and was the
subject of a communication to the other High Contracting Parties and the
International Committee of the Red Cross through the depositary prior to the
adoption of this Protocol.
Incorporation shall conform to the illustration in the Annex to this
Protocol.
2 A
National Society which chooses to incorporate within the third Protocol emblem
another emblem in accordance with paragraph 1 above, may, in conformity
with national legislation, use the designation of that emblem and display it
within its national territory.
3 National
Societies may, in accordance with national legislation and in exceptional
circumstances and to facilitate their work, make temporary use of the
distinctive emblem referred to in Article 2 of this Protocol.
4 This
Article does not affect the legal status of the distinctive emblems recognized
in the Geneva Conventions and in this Protocol, nor does it affect the legal
status of any particular emblem when incorporated for
indicative purposes in accordance with paragraph 1of this Article.
Article 4 – International
Committee of the Red Cross and International Federation of Red Cross and Red
Crescent Societies
The International Committee of the Red Cross and the International
Federation of Red Cross and Red Crescent Societies, and their duly authorized
personnel, may use, in exceptional circumstances and to facilitate their work,
the distinctive emblem referred to in Article 2 of this Protocol.
Article 5 –
Missions under United Nations auspices
The medical services and
religious personnel participating in operations under the auspices of the
United Nations may, with the agreement of participating States, use one of the
distinctive emblems mentioned in Articles 1 and 2.
Article 6 –
Prevention and repression of misuse
1 The
provisions of the Geneva Conventions and, where applicable, the 1977 Additional
Protocols, governing prevention and repression of misuse of the distinctive
emblems shall apply equally to the third Protocol emblem. In particular, the
High Contracting Parties shall take measures necessary for the prevention and
repression, at all times, of any misuse of the
distinctive emblems mentioned in Articles 1 and 2 and their designations,
including the perfidious use and the use of any sign or designation
constituting an imitation thereof.
2 Notwithstanding
paragraph 1 above, High Contracting Parties may permit prior users of the
third Protocol emblem, or of any sign constituting an imitation thereof, to
continue such use, provided that the said use shall not be such as would
appear, in time of armed conflict, to confer the protection of the Geneva
Conventions and, where applicable, the 1977 Additional Protocols, and provided
that the rights to such use were acquired before the adoption of this Protocol.
Article 7 –
Dissemination
The High Contracting
Parties undertake, in time of peace as in time of armed conflict, to
disseminate this Protocol as widely as possible in their respective countries
and, in particular, to include the study thereof in
their programmes of military instruction and to encourage the study thereof by
the civilian population, so that this instrument may become known to the armed
forces and to the civilian population.
Article 8 –
Signature
This Protocol shall be
open for signature by the Parties to the Geneva Conventions on the day of its
adoption and will remain open for a period of twelve months.
Article 9 –
Ratification
This Protocol shall be
ratified as soon as possible. The instruments of ratification shall be deposited
with the Swiss Federal Council, depositary of the Geneva Conventions and the
1977 Additional Protocols.
Article 10 –
Accession
This Protocol shall be
open for accession by any Party to the Geneva Conventions which has not signed
it. The instruments of accession shall be deposited with the depositary.
Article 11 –
Entry into force
1 This
Protocol shall enter into force six months after two instruments of
ratification or accession have been deposited.
2 For
each Party to the Geneva Conventions thereafter ratifying or acceding to this
Protocol, it shall enter into force six months after the deposit by such Party
of its instrument of ratification or accession.
Article 12 –
Treaty relations upon entry into force of this Protocol
1 When
the Parties to the Geneva Conventions are also Parties to this Protocol, the
Conventions shall apply as supplemented by this Protocol.
2 When
one of the Parties to the conflict is not bound by this Protocol, the Parties
to the Protocol shall remain bound by it in their mutual relations. They shall
furthermore be bound by this Protocol in relation to each of the Parties which
are not bound by it, if the latter accepts and applies the provisions thereof.
Article 13 –
Amendment
1 Any
High Contracting Party may propose amendments to this Protocol. The text of any
proposed amendment shall be communicated to the depositary, which shall decide,
after consultation with all the High Contracting Parties, the International
Committee of the Red Cross and the International Federation of Red Cross and
Red Crescent Societies, whether a conference should be convened to consider the
proposed amendment.
2 The
depositary shall invite to that conference all the High Contracting Parties as
well as the Parties to the Geneva Conventions, whether or not
they are signatories of this Protocol.
Article 14 –
Denunciation
1 In
case a High Contracting Party should denounce this Protocol, the denunciation
shall only take effect one year after receipt of the instrument of
denunciation. If, however, on the expiry of that year the denouncing Party is
engaged in a situation of armed conflict or occupation, the denunciation shall
not take effect before the end of the armed conflict or occupation.
2 The
denunciation shall be notified in writing to the depositary, which shall
transmit it to all the High Contracting Parties.
3 The
denunciation shall have effect only in respect of the denouncing Party.
4 Any
denunciation under paragraph 1 shall not affect the obligations already
incurred, by reason of the armed conflict or occupation, under this Protocol by
such denouncing Party in respect of any act committed before this denunciation
becomes effective.
Article 15 –
Notifications
The depositary shall inform the High Contracting Parties as well as
the Parties to the Geneva Conventions, whether or not
they are signatories of this Protocol, of:
(a) signatures affixed to
this Protocol and the deposit of instruments of ratification and accession
under Articles 8, 9 and 10;
(b) the date of entry into
force of this Protocol under Article 11 within ten days of said entry
into force;
(c) communications received
under Article 13;
(d) denunciations under
Article 14.
Article 16 –
Registration
1 After
its entry into force, this Protocol shall be transmitted by the depositary to
the Secretariat of the United Nations for registration and publication, in
accordance with Article 102 of the Charter of the United Nations.
2 The
depositary shall also inform the Secretariat of the United Nations of all
ratifications, accessions and denunciations received by it with respect to this
Protocol.
Article 17 –
Authentic texts
The original of this Protocot of which the
Arabic, Chinese, English, French, Russian and Spanish texts are equally
authentic, shall be deposited with the depositary, which shall transmit
certified true copies thereof to all the Parties to the Geneva Conventions.
annex
third
protocol emblem
(Article 2, paragraph 2
and Article 3, paragraph 1 of the Protocol)
Article 1 –
Distinctive emblem
Article 2 –
Indicative use of the third Protocol emblem