Geneva Conventions and United Nations Personnel (Protocols) Act 2009
Jurisdiction | UK Non-devolved |
(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“ , the second protocol or the third protocol ” .(7) In section 7 (interpretation) , at the end of subsection (1) add“ subsections (3) and (3A) ” , andin 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— 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
- ; 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
- ;
- (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”
- “(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 passing of this Act shall be construed as references to the passing of the Geneva Conventions and United Nations Personnel (Protocols) Act 2009.
- ; “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
- “(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.
- “(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) .
- “the Optional Protocol” means the Optional Protocol to the Convention adopted by the General Assembly of the United Nations on 8 December 2005;
To continue reading
Request your trial