Geneva Conventions (Amendment) Act 1995

• Citation: 1995 c. 27
• Sections: 377

Section 1 Amendment of section 1 of the 1957 Act.

(1) Section 1 (grave breaches of scheduled conventions) of the Geneva Conventions Act 1957 (in this Act referred to as “the 1957 Act”) shall be amended as follows.

(2) In subsection (1) for the words from “any such” to “aforesaid” (in the second place it appears) there shall be substituted the words

a grave breach of any of the scheduled conventions or the first protocol shall be guilty of an offence and on conviction on indictment—

(a) in the case of a grave breach involving the wilful killing of a person protected by the convention or protocol in question, shall be sentenced to imprisonment for life;

(b) in the case of any other grave breach

(3) After subsection (1) there shall be inserted the following subsection—

(1A) For the purposes of subsection (1) of this section—

(a) a grave breach of a scheduled convention is anything referred to as a grave breach of the convention in the relevant Article, that is to say—

(i) in the case of the convention set out in the First Schedule to this Act, Article 50;

(ii) in the case of the convention set out in the Second Schedule to this Act, Article 51;

(iii) n the case of the convention set out in the Third Schedule to this Act, Article 130;

(iv) in the case of the convention set out in the Fourth Schedule to this Act, Article 147; and

(b) a grave breach of the first protocol is anything referred to as a grave breach of the protocol in paragraph 4 of Article 11, or paragraph 2, 3 or 4 of Article 85, of the protocol.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2 Amendment of section 6 of the 1957 Act.

(1) Section 6 of the 1957 Act shall be amended as follows.

(2) In subsection (1)—

(a) for the words “Army Council” there shall be substituted the words “ Secretary of State ” ; and

(b) after paragraph (c) there shall be inserted the following paragraphs—

(d) the sign of an equilateral blue triangle on, and completely surrounded by, an orange ground, being the international distinctive sign of civil defence;

(e) any of the distinctive signals specified in Chapter III of Annex I to the first protocol, being the signals of identification for medical units and transports.

(3) In subsection (2)—

(a) for the words “Board of Trade” there shall be substituted the words “ Secretary of State ” ; and

(b) after paragraph (b) there shall be inserted the following paragraphs—

(c) any design so nearly resembling the sign specified in subsection (1)(d) of this section as to be capable of being mistaken for that sign;

(d) any signal so nearly resembling any of the signals referred to in subsection (1)(e) of this section as to be capable of being mistaken for one of those signals.

(4) In subsection (3)—

(a) for the words “level 3” there shall be substituted the words “ level 5 ” ;

(b) after the words “goods” there shall be inserted the words “ or other article ” ; and

(c) after the word “designation,” there shall be inserted the words “ sign, signal, ” .

(5) After subsection (4) there shall be inserted the following subsection—

(4A) Subsection (4) of this section shall apply in relation to a design reproducing or resembling the sign specified in paragraph (d) of subsection (1) of this section as it applies to designs reproducing or resembling an emblem specified in paragraph (b) or (c) of that subsection.

For the purposes of this subsection 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 (Amendment) Act 1995.

(6) In subsection (6)—

(a) for the words “design or wording” there shall be substituted the words “ design, wording, sign or signal ” ; and

(b) for the words from “any British” to the end there shall be substituted the words

—

(a) any British ship (within the meaning of the Merchant Shipping (Registration, etc. ) Act 1993);

(b) any British-controlled aircraft or hovercraft (within the meaning of section 92 of the Civil Aviation Act 1982 or, as the case may be, that section as applied to hovercraft by virtue of provision made under the Hovercraft Act 1968).

(7) In subsection (7)—

(a) after the word “proceedings” there shall be inserted the words “ for an offence ” ; and

(b) for the words “Attorney General” there shall be substituted the words “ Director of Public Prosecutions ” .

Section 3 Regulations.

After section 6 of the 1957 Act there shall be inserted the following section—

Regulations.

(6A)

(1) The Secretary of State may make regulations—

(a) granting the authority of the Secretary of State for the purposes of subsection (1) or (2) of section 6 of this Act to persons of any description prescribed in the regulations for the use of any emblem, designation, sign, signal, design or wording referred to in those subsections;

(b) making such provision as he may think appropriate for regulating the use for the purposes of any of the scheduled conventions, the first protocol or the second protocol of any emblem, designation, sign or signal;

and any authority granted by regulations under paragraph (a) of this subsection may be subject to such limitations and conditions as may be prescribed in the regulations.

(2) Paragraph (a) of the foregoing subsection is without prejudice to the Secretary of State’s power to give his authority under subsection (1) or (2) of section 6 of this Act otherwise than by regulations under this section.

(3) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Section 4 Amendment of section 7 of the 1957 Act.

(1) Section 7 of the 1957 Act shall be amended as follows.

(2) In the definition of “protected internee”, after the word “Act” there shall be inserted the words “ (including a person so protected by virtue of the first protocol) ” .

(3) In the definition of “protected prisoner of war”, at the end, there shall be inserted the words “ (including a person protected as a prisoner of war under the first protocol) or a person entitled under the first protocol to the same protection as a prisoner of war; ” .

(4) After the definition of “protected prisoner of war” there shall be inserted the following definition—

“ the first protocol ” means the Protocol, additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of International Armed Conflicts (Protocol I) done on 10 June 1977, the text of which is set out in the Fifth Schedule to this Act;

(5) In the definition of “the protecting power”, for the words from “or, as” to the end there shall be substituted the words “ Schedule to this Act, the convention set out in the Fourth Schedule to this Act or the first protocol; ” .

(6) After the definition of “the scheduled conventions” there shall be inserted the following definition—

“ the second protocol ” means the Protocol, additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II ) done on 10 June 1977, the text of which is set out in the Sixth Schedule to this Act.

(7) After subsection (2) there shall be inserted the following subsections—

(3) If the ratification by the United Kingdom of the first protocol or the second protocol is subject to any reservation or accompanied by a declaration—

(a) Her Majesty may by Order in Council certify that such a reservation or declaration has been made and the terms in which it was made; and

(b) the protocol shall for the purposes of this Act be construed subject to and in accordance with any reservation or declaration so certified.

(4) If such a reservation or declaration is withdrawn (in whole or part), an Order in Council under the foregoing subsection may certify that fact and revoke or amend any Order in Council containing the terms of that reservation or declaration.

(5) If the first protocol is further revised under Article 98 of the protocol, Her Majesty may by Order in Council amend the Fifth Schedule to this Act so as to ensure that the Schedule sets out the text of the protocol as in force in relation to the United Kingdom.

Section 5 Repeals.

The following provisions of the 1957 Act are hereby repealed, namely—

(a) in section 6—

(i) in subsection (1), the words “emblems or designations”; and

(ii) subsection (9) (which is spent); and

(b) in section 8(2), paragraphs (d) and (e) (which are obsolete).

Section 6 Additional schedules to the 1957 Act.

The provisions set out in the Schedule to this Act shall be inserted after the Fourth Schedule to the 1957 Act as the Fifth and Sixth Schedules to that Act.

Section 7 Short title, commencement and extent.

(1) This Act may be cited as the Geneva Conventions (Amendment) Act 1995.

(2) This Act shall come into force on such day as Her Majesty may by Order in Council appoint.

(3) This Act extends to Northern Ireland.

(4) Section 8(2) of the 1957 Act (power to extend provisions to the Channel Islands, Isle of Man and colonies) shall apply in relation to the provisions of this Act as if they were contained in that Act.

Section 1

The High Contracting Parties undertake to respect and to ensure respect for this Protocol in all circumstances.

Section 1

It is the duty of the Parties to a conflict from the beginning of that conflict to secure the supervision and implementation of the Conventions and of this Protocol by the application of the system of Protecting Powers, including inter alia the designation and acceptance of those Powers, in accordance with the following paragraphs. Protecting Powers shall have the duty of safeguarding the interests of the Parties to the conflict.

Section 1

The High Contracting Parties shall, also in peacetime, endeavour, with the assistance of the national Red Cross (Red Crescent, Red Lion and Sun) Societies, to train qualified personnel to facilitate the application of the Conventions and of this Protocol, and in particular the activities of the Protecting Powers.

Section 1

This Part, the provisions of which are intended to ameliorate the condition of the wounded, sick and shipwrecked, shall apply to all those affected by a situation referred to in Article 1, without any adverse distinction founded on race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.

Section 1

All the wounded, sick and shipwrecked, to whichever Party they belong, shall be respected and protected.

Section 1

The physical or mental health and integrity of persons who are in the power of the adverse Party or who are interned, detained or otherwise deprived of liberty as a result of a situation referred to in Article 1 shall not be endangered by any unjustified act or omission. Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not indicated by the state of health of the person concerned and which is not consistent with generally accepted medical standards which would be applied under similar medical circumstances to persons who are nationals of the Party conducting the procedure and who are in no way deprived of liberty.

Section 1

Medical units shall be respected and protected at all times and shall not be the object of attack.

Section 1

The protection to which civilian medical units are entitled shall not cease unless they are used to commit, outside their humanitarian function, acts harmful to the enemy. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded.

Section 1

The Occupying Power has the duty to ensure that the medical needs of the civilian population in occupied territory continue to be satisfied.

Section 1

Civilian medical personnel shall be respected and protected.

Section 1

Under no circumstances shall any person be punished for carrying out medical activities compatible with medical ethics, regardless of the person benefiting therefrom.

Section 1

The civilian population shall respect the wounded, sick and shipwrecked, even if they belong to the adverse Party, and shall commit no act of violence against them. The civilian population and aid societies, such as national Red Cross (Red Crescent, Red Lion and Sun) Societies, shall be permitted, even on their own initiative, to collect and care for the wounded, sick and shipwrecked, even in invaded or occupied areas. No one shall be harmed, prosecuted, convicted or punished for such humanitarian acts.

Section 1

Each Party to the conflict shall endeavour to ensure that medical and religious personnel and medical units and transports are identifiable.

Section 1

The provisions of the Conventions relating to:

(a) vessels described in Articles 22, 24, 25 and 27 of the Second Convention,

(b) their lifeboats and small craft,

(c) their personnel and crews, and

(d) the wounded, sick and shipwrecked on board,

shall also apply where these vessels carry civilian wounded, sick and shipwrecked who do not belong to any of the categories mentioned in Article 13 of the Second Convention. Such civilians shall not, however, be subject to surrender to any Party which is not their own, or to capture at sea. If they find themselves in the power of a Party to the conflict other than their own they shall be covered by the Fourth Convention and by this Protocol.

Section 1

Medical ships and craft other than those referred to in Article 22 of this Protocol and Article 38 of the Second Convention shall, whether at sea or in other waters, be respected and protected in the same way as mobile medical units under the Conventions and this Protocol. Since this protection can only be effective if they can be identified and recognised as medical ships or craft, such vessels should be marked with the distinctive emblem and as far as possible comply with the second paragraph of Article 43 of the Second Convention.

Section 1

In and over those parts of the contact zone which are physically controlled by friendly forces and in and over those areas the physical control of which is not clearly established, protection for medical aircraft can be fully effective only by prior agreement between the competent military authorities of the Parties to the conflict, as provided for in Article 29. Although, in the absence of such an agreement, medical aircraft operate at their own risk, they shall nevertheless be respected after they have been recognised as such.

Section 1

The medical aircraft of a Party to the conflict shall continue to be protected while flying over land or sea areas physically controlled by an adverse Party, provided that prior agreement to such flights has been obtained from the competent authority of that adverse Party.

Section 1

The Parties to the conflict are prohibited from using their medical aircraft to attempt to acquire any military advantage over an adverse Party. The presence of medical aircraft shall not be used in an attempt to render military objectives immune from attack.

Section 1

Notifications under Article 25, or requests for prior agreement under Articles 26, 27, 28 (paragraph 4), or 31 shall state the proposed number of medical aircraft, their flight plans and means of identification, and shall be understood to mean that every flight will be carried out in compliance with Article 28.

Section 1

Medical aircraft flying over areas which are physically controlled by an adverse Party, or over areas the physical control of which is not clearly established, may be ordered to land or to alight on water, as appropriate, to permit inspection in accordance with the following paragraphs. Medical aircraft shall obey any such order.

Section 1

Except by prior agreement, medical aircraft shall not fly over or land in the territory of a neutral or other State not a Party to the conflict. However, with such an agreement, they shall be respected throughout their flight and also for the duration of any calls in the territory. Nevertheless they shall obey any summons to land or to alight on water, as appropriate.

Section 1

As soon as circumstances permit, and at the latest from the end of active hostilities, each Party to the conflict shall search for the persons who have been reported missing by an adverse Party. Such adverse Party shall transmit all relevant information concerning such persons in order to facilitate such searches.

Section 1

The remains of persons who have died for reasons related to occupation or in detention resulting from occupation or hostilities and those of persons not nationals of the country in which they have died as a result of hostilities shall be respected, and the gravesites of all such persons shall be respected, maintained and marked as provided for in Article 130 of the Fourth Convention, where their remains or gravesites would not receive more favourable consideration under the Conventions and this Protocol.

Section 1

In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited.

Section 1

It is prohibited to kill, injure or capture an adversary by resort to perfidy. Acts inviting the confidence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of international law applicable in armed conflict, with intent to betray that confidence, shall constitute perfidy. The following acts are examples of perfidy:

(a) the feigning of an intent to negotiate under a flag of truce or of a surrender;

(b) the feigning of an incapacitation by wounds or sickness;

(c) the feigning of civilian, non-combatant status; and

(d) the feigning of protected status by the use of signs, emblems or uniforms of the United Nations or of neutral or other States not Parties to the conflict.

Section 1

It is prohibited to make improper use of the distinctive emblem of the red cross, red crescent or red lion and sun or of other emblems, signs or signals provided for by the Conventions or by this Protocol. It is also prohibited to misuse deliberately in an armed conflict other internationally recognised protective emblems, signs or signals, including the flag of truce, and the protective emblem of cultural property.

Section 1

It is prohibited to make use in an armed conflict of the flags or military emblems, insignia or uniforms of neutral or other States not Parties to the conflict.

Section 1

A person who is recognised or who, in the circumstances, should be recognised to be hors de combat shall not be made the object of attack.

Section 1

No person parachuting from an aircraft in distress shall be made the object of attack during his descent.

Section 1

The armed forces of a Party to a conflict consist of all organised armed forces, groups and units which are under a command responsible to that Party for the conduct of its subordinates, even if that Party is represented by a government or an authority not recognised by an adverse Party. Such armed forces shall be subject to an internal disciplinary system which, inter alia , shall enforce compliance with the rules of international law applicable in armed conflict.

Section 1

Any combatant, as defined in Article 43, who falls into the power of an adverse Party shall be a prisoner of war.

Section 1

A person who takes part in hostilities and falls into the power of an adverse Party shall be presumed to be a prisoner of war, and therefore shall be protected by the Third Convention, if he claims the status of prisoner of war, or if he appears to be entitled to such status, or if the Party on which he depends claims such status on his behalf by notification to the detaining Power or to the Protecting Power. Should any doubt arise as to whether any such person is entitled to the status of prisoner of war, he shall continue to have such status and, therefore, to be protected by the Third Convention and this Protocol until such time as his status has been determined by a competent tribunal.

Section 1

Notwithstanding any other provision of the Conventions or of this Protocol, any member of the armed forces of a Party to the conflict who falls into the power of an adverse Party while engaging in espionage shall not have the right to the status of prisoner of war and may be treated as a spy.

Section 1

A mercenary shall not have the right to be a combatant or a prisoner of war.

Section 1

“ Attacks ” means acts of violence against the adversary, whether in offence or in defence.

Section 1

A civilian is any person who does not belong to one of the categories of persons referred to in Article 4A(1), (2), (3) and (6) of the Third Convention and in Article 43 of this Protocol. In case of doubt whether a person is a civilian, that person shall be considered to be a civilian.

Section 1

The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances.

Section 1

Civilian objects shall not be the object of attack or of reprisals. Civilian objects are all objects which are not military objectives as defined in paragraph 2.

Section 1

Starvation of civilians as a method of warfare is prohibited.

Section 1

Care shall be taken in warfare to protect the natural environment against widespread, long-term and severe damage. This protection includes a prohibition of the use of methods or means of warfare which are intended or may be expected to cause such damage to the natural environment and thereby to prejudice the health or survival of the population.

Section 1

Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be made the object of attack, even where these objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population. Other military objectives located at or in the vicinity of these works or installations shall not be made the object of attack if such attack may cause the release of dangerous forces from the works or installations and consequent severe losses among the civilian population.

Section 1

In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects.

Section 1

It is prohibited for the Parties to the conflict to attack, by any means whatsoever, non-defended localities.