Geneva Conventions (Amendment) Act 1995

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Geneva Conventions (Amendment) Act 1995

An Act to make provision for the amendment of the Geneva Conventions Act 1957 to enable effect to be given to the Protocols additional to the Geneva Conventions of 1949 done at Geneva on 10 June 1977; and for connected purposes.

[19 th July 1995]

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 Amendment of section 1 of the 1957 Act

(1) Section 1 (grave breaches of scheduled conventions) of the [1957 c. 52.] 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—

“(1 A) 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) In subsection (3)—

(a) for the words from the beginning to “jurisdiction” there shall be substituted the words “In Scotland, the sheriff shall have no jurisdiction”; and

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

(5) In subsection (4) , for the words from the beginning to “applies)” there shall be substituted the words “If in proceedings for an offence under this section any question arises under Article 2 of any of the scheduled conventions or Article 1 or 3 of the first protocol (which relate to the circumstances in which the conventions and protocol apply)”.

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

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

“(4 A) 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 [1995 c. 27.] 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 Brit...

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