Geneva Conventions and United Nations Personnel (Protocols) Bill [HL]

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Geneva Conventions and United Nations Personnel (Protocols) Bill [HL]

Geneva Conventions and United Nations Personnel (Protocols) Bill [HL]
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A
Bill
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.
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:—
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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
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(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 “;
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(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”
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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
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Bill 69
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Geneva Conventions and United Nations Personnel (Protocols) Bill [HL]
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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
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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 passing of this Act shall be construed
as references to the passing of the Geneva Conventions and United
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Nations Personnel (Protocols) Act 2009.”
(6)
In section 6A (regulations), in subsection (1)(b), for “or the second protocol”
substitute “, the second protocol or the third protocol”.
(7)
In section 7 (interpretation), at the end of subsection (1) add “;
“the third protocol” means the Protocol, additional to the Geneva
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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
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third protocol).
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Amendments of the United Nations Personnel Act 1997
(1)
Section 4 of the United Nations Personnel Act 1997 (c. 13) (meaning of “UN
worker”) is amended as follows.
(2)
In subsection (2)—
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(a)
for “subsection (3)” substitute “subsections (3) and (3A)”, and
(b)
in paragraph (c)(i), for “the maintenance or restoration of international
peace and security” substitute “a purpose mentioned in subsection
(2A)”.
(3)
After subsection (2) insert—
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“(2A)
The purposes referred to in subsection (2)(c)(i) are—
(a)
maintaining or restoring international peace and security;
(b)
delivering humanitarian, political or development assistance in
peacebuilding;
(c)
delivering emergency humanitarian assistance.”
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(4)
After subsection (3) insert—
“(3A)
In this section “UN operation” also does not include any operation in
respect of which a declaration is made in accordance with Article II(3)
of the Optional Protocol (opt-out for operation to deliver emergency
humanitarian assistance in response to natural disaster).”
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(5)
In subsection (4), after the definition of “the Convention” insert—
““the Optional Protocol” means the Optional Protocol to the
Convention adopted by the General Assembly of the United
Nations on 8 December 2005;”

Geneva Conventions and United Nations Personnel (Protocols) Bill [HL]
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Commencement, extent and short title
(1)
Sections 1 and 2 come into force on such day as the Secretary of State may by
order appoint.
(2)
An order under subsection (1)—
(a)
must be made by statutory instrument, and
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(b)
may make different provision for different purposes.
(3)
Section 8(2) of the Geneva Conventions Act 1957 (c. 52) (power to extend
provisions to the Channel Islands, the Isle of Man and British overseas
territories) applies in relation to the provisions of section 1 and the Schedule as
if they were contained in that Act.
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(4)
Section 9(2) of the United Nations Personnel Act 1997 (c. 13) (power to extend
provisions to the Channel Islands, the Isle of Man and British overseas
territories) applies in relation to the provisions of section 2 as if they were
contained in that Act.
(5)
This Act may be cited as the Geneva Conventions and United Nations
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Personnel (Protocols) Act 2009.

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Geneva Conventions and United Nations Personnel (Protocols) Bill [HL]
Schedule — Schedule 7 to be inserted into the Geneva Conventions Act 1957

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
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(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
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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
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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
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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
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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
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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,
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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

Geneva Conventions and United Nations Personnel (Protocols) Bill [HL]
Schedule — Schedule 7 to be inserted into the Geneva Conventions Act 1957
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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,
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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:
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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
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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.
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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.
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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”.
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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
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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
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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:

Geneva Conventions and United Nations Personnel (Protocols) Bill [HL]
Schedule — Schedule 7 to be inserted into the Geneva Conventions Act 1957
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(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
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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
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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
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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
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Protocol, nor does it affect the legal status of any particular
emblem when incorporated for indicative purposes in accordance
with paragraph 1 of this Article.
Article 4 — International Committee of the Red Cross and International Federation of
Red Cross and Red Crescent Societies
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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.
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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.
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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
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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.
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Geneva Conventions and United Nations Personnel (Protocols) Bill [HL]
Schedule — Schedule 7 to be inserted into the Geneva Conventions Act 1957
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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