Posted the: 2015-09-23 Numac: 2015015105 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE April 20, 2015. -Act on assent to the additional protocol to the Geneva Conventions of 12 August 1949, and relating to the adoption of an additional distinctive sign (Protocol III), adopted in Geneva on December 8, 2005 (1) (2) PHILIPPE, King of the Belgians, to all, present and future, hi.
The House of representatives has adopted and we sanction the following: Article 1.
This Act regulates a matter referred to in article 74 of the Constitution.
S. 2. the additional protocol to the Geneva Conventions of 12 August 1949, relating to the adoption of an additional distinctive sign (Protocol III), adopted at Geneva on December 8, 2005, will come out full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, April 20, 2015.
PHILIPPE by the King: the Minister of foreign and European Affairs D. REYNDERS seen and sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be): Documents: 54-0887.
Full record: 19/03/2015.
(2) date of entry into force for the Belgium: 2015-11-12.
Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the adoption of an additional distinctive sign (Protocol III) preamble the High Contracting Parties, (PP1) Reaffirming the provisions of the Geneva Conventions of 12 August 1949 (1) (in particular, arts. 26, 38, 42 and 44 of the Geneva Convention 1st (2)) and, where applicable, their additional protocols of 8 June 1977 (3) (in particular articles 18 and 38 of additional Protocol I (4) and art. 12 of the additional Protocol II (5)), concerning the use of distinctive signs;
(PP2) desiring to complete the provisions mentioned above in order to strengthen their protective value and their universal character;
(PP3) noting that this Protocol is without prejudice to the recognized right of High Contracting Parties to continue to use the emblems they use in accordance with the obligations imposed on them under the Geneva Conventions and, where applicable, their additional protocols;
(PP4) Recalling that the obligation to respect persons and property protected by the Geneva Conventions and their additional protocols derives from the protection conferred on them by international law and does not depend on the use of the emblems, signs or distinctive signals;
(PP5) stressing that the distinctive signs are not supposed to have religious, ethnic, racial, regional or political significance;
(PP6) stressing the need to ensure full respect for the obligations related to the distinctive signs recognized in the Geneva Conventions and, where applicable, in their additional protocols;
(PP7) Recalling that art. 44 1st Geneva Convention establishes the distinction between protective use and indicative use of distinctive signs;
(PP8) Recalling further that national societies that undertake activities in the territory of another State must ensure that the emblems that they plan to use in the context of these activities can be used in the country where activities are carried out these as well as in the countries of transit;
(PP9) acknowledging the difficulties that the use of existing identifiers may pose to some States and some national societies;
(PP10) Noting the commitment of the international Committee of the Red Cross, the International Federation of the societies of the Red Cross and Red Crescent and the international movement of the Red Cross and Red Crescent to retain their names and their current distinctive signs;
agreed to the following: _ (1) RS 0.518.12, 0.518.23, 0.518.42, 0.518.51 (2) RS 0.518.12 (3) RS 0.518.521, 0.518.522 (4) RS 0.518.521 (5) RS 0.518.522 Article 1. Compliance and field 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 Conventions of Geneva of August 12, 1949 (hereinafter "the Geneva Conventions') and, where applicable, of their two additional protocols of 8 June 1977 (hereinafter ' the additional protocols of 1977") relating to distinctive signs, namely the Red Cross, Red Crescent and lion and Red Sun, and if applied in the same situations as those in which it is made reference in those provisions.
S. 2 distinctive signs 1. This Protocol recognizes an additional distinctive sign in addition to the distinctive signs of the Geneva Conventions and for the same purposes. Distinctive signs have the same status.
2. the distinguishing sign additional, consisting of a red frame in the shape of a square on the tip, on a white background, is consistent with the figure contained in the annex to this Protocol. In this Protocol, reference is made to this distinctive sign as "third Protocol emblem".
3. the conditions of use and respect of the third Protocol emblem are identical to those established for the distinctive signs of the Geneva Conventions and, where applicable, their additional protocols of 1977.
4. health services and religious personnel of the armed forces of the High Contracting Parties may, without prejudice to their current emblems, use temporary any distinctive sign mentioned in the by. 1 of this article, if such use is likely to strengthen their protection.
3 indicative use of the third Protocol 1 emblem. The national societies of the High Contracting Parties who decide to use the third Protocol emblem may, when they will use this emblem in accordance with the relevant national legislation, choose to incorporate, indicatively: has) a distinguishing recognized by the Geneva Conventions or a combination of these emblems; or (b) another emblem that a high contracting party has actually used and which was the subject of a communication to the other High Contracting Parties and the international Committee red cross through the depositary before the adoption of this Protocol.
Incorporation must be carried out in accordance with the illustration presented in the annex to this Protocol.
2. a national society that chooses to incorporate within the third Protocol emblem another emblem, according to the by. 1 of the present article, may, in accordance with national legislation, use the name of this emblem and wear this emblem on its national territory.
3. the national societies may, in accordance with their national legislation and in exceptional circumstances and to facilitate their work, use temporarily the distinguishing sign referred to in art. 2 of this Protocol.
4. This section does not affect the legal status of the distinctive emblems recognized in the Geneva Conventions and in this Protocol; It does not affect the legal status of any particular emblem when it is incorporated with indicative pursuant to the by. 1 of this article.
S. 4. international Committee of the Red Cross and International Federation of the societies of the Red Cross and the Red Crescent on the international Committee of the Red Cross and the International Federation of Red Cross and Red Crescent societies, so that their staff duly authorized, may, in exceptional circumstances and to facilitate their work, make use of the distinctive emblem referred to in art. 2 of this Protocol.
5 missions under the auspices of the United Nations medical services and religious personnel participating in operations under the auspices of the United Nations may, with the agreement of the participating States, use one of the distinctive signs mentioned in art. 1 and 2.
6 prevention and repression of misuse 1. The provisions of the Geneva Conventions and, where applicable, of 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 Contracting Parties shall take the measures necessary to prevent and suppress, anytime, misuse of the distinctive emblems mentioned in the art. 1 and 2 and their description, including the perfidious use and the use of any sign or designation constituting an imitation.
2. Notwithstanding the by. 1 of the present article, the High Contracting Parties may authorize the previous users of emblem of the third Protocol, or of any sign constituting an imitation thereof, to continue such use, provided that such use can appear, in time of armed conflict, such as to confer the protection of the Geneva Conventions and, where applicable, the additional protocols of 1977 , and as far as rights authorizing such use were acquired before the adoption of this Protocol.
S. 7 dissemination the high Parties contracting undertake, in time of peace as in time of armed conflict, to disseminate this Protocol as widely as possible in their respective countries and, in particular, to include the study in military training programs and encourage the study by the civilian population, so that this instrument can be known of the armed forces and the civilian population.
S. 8. signature this Protocol shall be
opened for signature by the Parties to the Geneva Conventions the day of its adoption and will remain open for a period of twelve months.
S. 9 ratification this Protocol shall be ratified as soon as possible. Instruments of ratification shall be deposited with the Swiss federal Council, depositary of the Geneva Conventions and the additional protocols of 1977.
S. 10 accession this Protocol shall be open for the accession of any party to the Geneva Conventions not signatory to this Protocol. The instruments of accession shall be deposited with the depositary.
S. 11 entry into force 1. This Protocol shall enter into force six months after two instruments of ratification or accession.
2. for each of the Parties to the Geneva Conventions, ratifying or acceding to it subsequently, this Protocol shall enter into force six months after the deposit by that party of its instrument of ratification or accession.
S. 12 conventional reports upon the entry into force of this Protocol 1. Where the Parties to the Geneva Conventions are also Parties to this Protocol, the Conventions shall apply as they are supplemented by this Protocol.
2. If one of the Parties to the conflict is not bound by this Protocol, the Parties to this Protocol will remain nevertheless bound by it in their mutual relations. They will be bound also by the Protocol for that party, if the latter accepts and applies the provisions.
S. 13 Amendment 1. Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary that, after consultation with all the High Contracting Parties, of the international Committee of the Red Cross and the International Federation of the societies of the Red Cross and Red Crescent, will decide whether to convene a conference to consider the proposed amendments.
2. the depositary shall invite to this conference of the High Contracting Parties and the Parties signatories of the Geneva Conventions or of this Protocol.
S. 14 denunciation 1. In the event that a high contracting party denounces this Protocol, the denunciation shall operate its effects only one year after receipt of the instrument of denunciation. If however, at the end of this year, the denouncing party is in a situation of armed conflict or occupation, the effect of the denunciation will remain suspended until the end of the armed conflict or occupation.
2. the denunciation shall be notified in writing to the depositary, who will inform all the High Contracting Parties of this notification.
3. the denunciation shall have effect only in respect of the denouncing party.
4. any denunciation notified under the terms of by. 1 will not affect the obligations already incurred because of the armed conflict or occupation in respect of this Protocol by the party denouncing for any act committed before such denunciation becomes effective.
15. notifications the depositary shall inform the high Parties contracting as well as the Parties to the Geneva Conventions, whether they are signatories of this Protocol: a) signatures affixed to this Protocol and the instruments of ratification and accession deposited in accordance with the art. 8, 9 and 10;
(b) of the date on which this Protocol comes into force in accordance with art. 11, within 10 days of the effective date;
(c) communications received pursuant to art. 13;
(d) denunciations notified pursuant to art. 14 s. 16 registration 1.
After its entry into force, the Protocol will be forwarded by the depositary to the United Nations Secretariat for the purposes of registration and publication, in accordance with art. 102 of the Charter of the United Nations.
2. the depositary will also inform the United Nations Secretariat of all ratifications, accessions and denunciations that it may receive about this Protocol.
17 authentic texts the original of this Protocol, of which the Arabic, Chinese, English, french, Russian and Spanish texts are also authentic, shall be deposited with the depositary, who will send certified true copies to all Parties to the Geneva Conventions.
Annex third Protocol emblem (article 2, para. 2, and art. 3, para. 1, Protocol) for consulting the table, see list of bound States / OrganisationsDate AuthentificationType of consentementDate Consentemententree force local Albania adhesion06/200806 02/08/2008 ALLEMAGNE13/03/2006Ratification17/06/200917/12/2009 ANGOLA14/03/2006indetermine ARGENTINE13/03/2006Ratification16/03/201116/09/2011 Armenia membership12/08/201112/02/2012 AUSTRALIE08/03/2006Ratification15/07/200915/01/2010 AUTRICHE08/12/2005Ratification03/06/200903/12/2009 BELARUS adhesion31. 03/09/2011 201130 BELGIQUE08/12/2005Ratification12/05/201512/11/2015 2005indtermine-12-BOLIVIE08 Bosnia-HERZEGOVINE14/03/2006indetermine BRESIL14/03/2006Ratification28/08/200928/02/2010 BULGARIE14/03/2006Ratification13/09/200613/03/2007 BURKINA FASO07/12/2006indetermine BURUNDI08/12/2005indetermine BELIZE adhesion03/04/200703/10/2007 19/06/2006Ratification26/11/200726/05/2008 Cape Verde (Islands) 10/01/2006indetermine CHILI08/12/2005Ratification06/07/200906/01/2010 CHYPRE19/06/2006Ratification27/11/200727/05/2008 2005indetermine-12-COLOMBIE08 CONGO (Republic) 2005indetermine-12-08 COOK Islands
Adhesion07/09/201107/03/2012 Korea 2006indetermine-08-SUD02 COSTA-RICA08/12/2005Ratification30/06/200830/12/2008 CROATIE29/05/2006Ratification13/06/200713/12/2007 DANEMARK08/12/2005Ratification25/05/200725/11/2007 Republic DOMINICAINE26/07/2006Ratification01/04/200901/10/2009 EL SALVADOR08/03/2006Ratification12/09/200712/03/2008 EQUATEUR08/12/2005indetermine ESPAGNE23/12/2005Ratification10/12/201010/06/2011 ESTONIE14/03/2006Ratification28/02/200828/08/2008 States-UNIS08/12/2005Ratification08/03/200708/09/2007 ETHIOPIE13/03/2006indetermine Fiji adhesion30/07/200830/01/2009
FINLANDE14/03/2006Ratification14/01/200914/07/2009 FRANCE08/12/2005Ratification17/07/200917/01/2010 GHANA14/06/2006indetermine GRECE08/12/2005Ratification26/10/200926/04/2010 GUATEMALA08/12/2005Ratification14/03/200814/09/2008 GUYANA adhesion21/09/200921/03/2010 GEORGIE28/09/2006Ratification19/03/200719/09/2007 HAITI06/12/2006indetermine HONDURAS13/03/2006Ratification08/12/200608/06/2007 HONGRIE19/06/2006Ratification15/11/200615/05/2007 IRLANDE20/06/2006indetermine ISLANDE17/05/2006Ratification04/08/200604/02/2007 ISRAEL08/12/2005Ratification22/11/200722/05/2008 ITALIE08/12. 2005Ratification29/200929 01/07/2009 2006indetermine-12-JAMAIQUE05 KAZAKHSTAN adhesion24/06/200924/12/2009 KENYA30/03/2006Ratification28/10/201328/04/2014 LETTONIE20/06/2006Ratification02/04/200702/10/2007 LIECHTENSTEIN08/12/2005Ratification24/08/200624/02/2007 LITUANIE06/12/2006Ratification28/11/200728/05/2008 LUXEMBOURG08/12/2005Ratification27/01/201527/07/2015 Macedonia (EX - REP. OF Yugoslavia) 18/05/2006Ratification14/10/200814/04/2009 2005indetermine-12-MADAGASCAR08 2005indetermine-12-MALTE08 MEXIQUE16/11/2006Ratification07/07/200807/01/2009 MOLDAVIE13/09/2006Ratification19/08/200819/02/2009 MONACO15/03/2006Ratification12/03/200712/09/2007 NAURU27/06/2006Ratification04/12/201204/06/2013 NICARAGUA08/03/2006Ratification02/04/200902/10/2009 NORVEGE08/12/2005Ratification13/06/200614/01/2007 new-ZELANDE19/06/2006Ratification23/10/201323/04/2014 2006indetermine-03-NEPAL14 Uganda adhesion21/05/200821/11/2008 PANAMA19/06/2006Ratification30/04/201230/10/2012
PARAGUAY14/03/2006Ratification13/10/200813/04/2009 country-rate14/03/2006Ratification13/12/200613/06/2007 PHILIPPINES13/03/2006Ratification22/08/200622/02/2007 POLOGNE20/06/2006Ratification26/10/200926/04/2010 PORTUGAL08/12/2005Ratification22/04/201422/10/2014 2005indetermine-12-PEROU08 ROUMANIE20/06/2006Ratification15/05/201515/11/2015 Kingdom-UNI08/12/2005Ratification23/10/200923/04/2010 2006indetermine-12-RUSSIE07 SAINT-MARIN19/01/2006Ratification22/06/200722/12/2007 SERBIE31/03/2006Ratification18/08/201018/02/2011 SIERRA LEONE20/06/2006indetermine SINGAPOUR02/08/2006Ratification07/07/200807/01/2009
SLOVAQUIE25/04/2006Ratification30/05/200730/11/2007 SLOVENIE19/05/2006Ratification10/03/200810/09/2008 SUEDE30/03/2006Ratification21/08/201421/02/2015 SUISSE08/12/2005Ratification14/07/200614/01/2007 SURINAM adhesion25/06/201325/12/2013 TANZANIE08/12/2005indetermine REP.
TCHEQUE12/04/2006Ratification23/05/200723/11/2007 Palestinian territories adhesion04/01/201504/01/2015 TIMOR08/12/2005Ratification29/07/201129/01/2012 TOGO26/06/2006indetermine TURQUIE07/12/2006indetermine UKRAINE23/06/2006Ratification19/01/201019/07/2010 URUGUAY13/03/2006Ratification19/10/201219/04/2013