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STATES OF JERSEY
GENEVA CONVENTIONS: ADDITIONAL PROTOCOL III – EXTENSION TO JERSEY
Lodged au Greffe on 24th January 2011 by the Chief Minister
STATES GREFFE
2011 Price code: C P.9
PROPOSITION
THE STATES are asked to decide whether they are of opinion
to signify, pursuant to Article 31(1)(b)(i) of the States of Jersey Law 2005, whether they agree that a request be made to Her Majesty in Council for the making of an Order in Council that would extend to Jersey, with appropriate modifications and adaptations, Section 1 of, and the Schedule to, the Geneva Conventions and UN Personnel (Protocols) Act 2009, as summarised in the report of the Chief Minister dated 24th January 2011.
CHIEF MINISTER
REPORT
Executive Summary
The purpose of this Proposition is to request the States to consider whether they agree in principle to the Geneva Conventions Act (Jersey) Order 2011 (draft text attached at Appendix 1), which implements in Jersey the Additional Protocol III to the Geneva Conventions.
The Protocol introduces a new distinctive emblem, the red crystal, in addition to the existing red cross and red crescent, to be used in situations where the existing symbols might be wrongly perceived as having religious connotations. The Protocol puts the new emblem on the same legal footing as the existing emblems recognised by the Geneva Conventions.
Extension of the Protocol will enhance the international reputation of Jersey by sending a strong and positive message, demonstrating that Jersey stands alongside the rest of the international community in recognising the importance of the Protocol, as well as reaffirming its support for the institution of the International Committee of the Red Cross (ICRC).
Background
An International Diplomatic Conference adopted the (Third) Protocol Additional to the Geneva Conventions on 8th December 2005, and the UK signed the Protocol on the same day. The Protocol is the result of a long process of international negotiations initiated by the International Committee of the Red Cross (ICRC). One of its objectives is to enable national humanitarian societies of countries who did not want to choose between the existing emblems to join the International Red Cross and Red Crescent Movement.
The text of the Protocol can be found on the ICRC website (www.icrc.org/ihl.nsf/FULL/615?OpenDocument) and in the schedule appended to the Geneva Conventions and UN Personnel (Protocols) Act 2009 (www.opsi.gov.uk/acts/acts2009/ukpga_20090006_en_1)
Aim of the Protocol
The Protocol introduces a new distinctive emblem, the red crystal, in addition to the existing red cross and red crescent, to be used in situations where the existing emblems might be wrongly perceived as having religious connotations. The Protocol puts the new emblem on the same legal footing as the existing emblems recognised by the Geneva Conventions.
The Conventions provide for the emblems to be used to identify the personnel, material and buildings of armed forces medical services, protecting them and their patients against attack in situations of armed conflict. The Protocol allows armed forces medical services, without prejudice to their current emblems, to make temporary use of any recognised distinctive emblem where this may enhance protection. For instance, the UK will continue to use the red cross as its protective emblem for Defence Medical Services, but may decide to use the red crystal or the red crescent in situations where these are likely to afford a higher level of protection.
Steps required to meet the terms of the Protocol
Legislation necessary to give effect to the Protocol in UK law, the Geneva Conventions and United Nations (Protocols) Act 2009, received Royal Assent on 2nd July 2009. The Act amends the Geneva Conventions Act 1957 (already extended to Jersey by Order in Council), which makes it a criminal offence to misuse the distinctive emblems, by extending these provisions to the red crystal. The UK thus complied with Article 6 of the Protocol which requires states parties to take measures necessary for the prevention and repression of misuse of the new emblem.
Extension of the Protocol to Jersey requires measures for the prevention and repression of misuse of the emblem. This will be effected, if the States agree, by extending the relevant provisions of the Geneva Conventions and UN Personnel (Protocols) Act 2009, section 1 and the Schedule, to the Crown Dependencies by Order in Council, as provided by section 3(3) of the Act in conjunction with section 8(2) of the Geneva Conventions Act 1957, as amended in 1995.
Financial and manpower implications
There will be no additional manpower, revenue or capital requirements arising from this provision.
24th January 2011
APPENDIX 1
S T A T U T O R Y I N S T R U M E N T S
2011 No.
GENEVA CONVENTIONS
The Geneva Conventions Act (Jersey) Order 2011
Made - - - - 2011
Coming into force - - 2011 At the Court at Buckingham Palace, the 13th day of October 2011
Present
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the power conferred by section 8(2) of the Geneva Conventions Act 1957(1), as applied by section 7(4) of the Geneva Conventions (Amendment) Act 1995(2) and section 3(3) of the Geneva Conventions and United Nations Personnel (Protocols) Act 2009(3),having noted that the States of Jersey have signified, pursuant to Article 31 of the States of Jersey Law 2005, that they agree that section 1 of, and the Schedule to, the said Act of 2009 should extend to Jersey so as to be law in Jersey, by and with the advice and consent of Her Privy Council, makes the following Order:
- This Order may be cited as the Geneva Conventions Act (Jersey) Order 2011, and
shall come into force on the seventh day after it is registered by the Royal Court of Jersey.
- Section 1 of, and the Schedule to, the Geneva Conventions and United Nations
Personnel (Protocols) Act 2009 shall extend to Jersey subject to the exceptions and modifications specified in the Schedule to this Order.
Judith Simpson Clerk of the Privy Council
- 1957 c.52.
- 1995 c.27.
- 2009 c.6.
SCHEDULE
Article 2
EXCEPTIONS AND MODIFICATIONS SUBJECT TO WHICH SECTION 1 OF, AND THE SCHEDULE TO, THE GENEVA CONVENTIONS AND UNITED NATIONS PERSONNEL (PROTOCOLS) ACT 2009 EXTEND TO JERSEY
- References to –
- the Geneva Conventions Act 1957,
- the Geneva Conventions (Amendment) Act 1995,
- the Geneva Conventions and United Nations Personnel (Protocols) Act 2009,
or to any provision of any of those Acts shall be construed as references to the Act or provision as it has effect in Jersey.
- In section 1(5) for subsection (4D) (as inserted) substitute–
"(4D) For the purposes of subsection (4B) of this section references in subsection
- of this section to the coming into operation of this Act in Jersey shall be construed as references to the coming into operation in Jersey of section 1 of the Geneva Conventions and United Nations Personnel (Protocols) Act 2009 by virtue of the Geneva Conventions Act (Jersey) Order 2011."
- Omit section 1(6)
EXPLANATORY NOTE (This note is not part of the Order)
This Order extends section 1 of, and the Schedule to, the Geneva Conventions and United Nations Personnel (Protocols) Act 2009 to Jersey subject to exceptions and modifications.
APPENDIX 2