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Law Approving The Protocol Additional To The Geneva Conventions Of 12 August 1949, And Relating To The Adoption Of An Additional Distinctive Sign (Protocol Iii), Adopted At Geneva On December 8, 2005 (1) (2)

Original Language Title: Loi portant assentiment au Protocole additionnel aux Conventions de Genève du 12 août 1949 relatif à l'adoption d'un signe distinctif additionnel (Protocole III), adopté à Genève le 8 décembre 2005 (1) (2)

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20 AVRIL 2015. - Act enacting the Additional Protocol to the Geneva Conventions of 12 August 1949 relating to the adoption of an additional distinguishing sign (Protocol III), adopted at Geneva on 8 December 2005 (1) (2)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. The Additional Protocol to the Geneva Conventions of 12 August 1949 relating to the adoption of an additional distinguishing sign (Protocol III), adopted at Geneva on 8 December 2005, will come out its full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 20 April 2015.
PHILIPPE
By the King:
Minister of Foreign and European Affairs,
D. REYNDERS
Seal of the State Seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 54-0887.
Full record: 19/03/2015.
(2) Effective date for Belgium: 12/11/2015.

Additional Protocol to the Geneva Conventions of 12 August 1949 relating to the adoption of an additional distinguishing sign (Protocol III)
Preamble
High Contracting Parties,
(PP1) reaffirming the provisions of the Geneva Conventions of 12 August 1949 (1) (in particular art. 26, 38, 42 and 44 of 1re Geneva Convention (2)) and, where applicable, their Additional Protocols of 8 June 1977 (3) (in particular art. 18 and 38 of Additional Protocol I (4) and Article 12 of Additional Protocol II (5) concerning the use of distinguishing signs;
(PP2) wishing to supplement the above provisions in order to enhance their protective value and universality;
(PP3) noting that this Protocol does not affect the recognized right of the High Contracting Parties to continue to use the emblems they use in accordance with their obligations under the Geneva Conventions and, where appropriate, their Additional Protocols;
(PP4) recalling that the obligation to respect persons and goods protected by the Geneva Conventions and their Additional Protocols stems from the protection afforded to them by international law and does not depend on the use of distinctive emblems, signs or signals;
(PP5) stressing that distinctive signs are not expected to have religious, ethnic, racial, regional or political meaning;
(PP6) insisting on the need to ensure full compliance with the distinguishing sign obligations recognized in the Geneva Conventions and, where appropriate, in their Additional Protocols;
(PP7) recalling that art. 44 of 1re Geneva Convention distinguishes between protective use and indicative use of distinctive signs;
(PP8) further recalling that the National Societies that undertake activities in the territory of another State must ensure that the emblems they plan to use in these activities can be used in the country where these activities take place, as well as in the transit country(s);
(PP9) recognizing the difficulties that the use of existing distinctive signs may pose to some States and certain national societies;
(PP10) noting the determination of the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and the International Red Cross and Red Crescent Movement to retain their current names and distinctive signs;
agreed that:
_______
(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 1er. Compliance and scope of application of this Protocol
1. The High Contracting Parties undertake to respect and enforce this Protocol in all circumstances.
2. This Protocol reaffirms and supplements the provisions of the four Geneva Conventions of 12 August 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 distinguishing signs, namely the Red Cross, the Red Crescent and the Red Lion and the Red Sun, and applies in the same situations referred to in these provisions.
Art. 2. Separate signs
1. This Protocol recognizes an additional distinguishing sign in addition to the distinctive signs of the Geneva Conventions and for the same purposes. Separate signs have the same status.
2. This additional distinctive sign, consisting of a red frame, having the shape of a square on the tip, on a white background, is in accordance with the illustration set out in the annex to this Protocol. In this Protocol, reference is made to this distinctive sign as "the emblem of the third Protocol".
3. Conditions for use and compliance with the third Protocol are identical to those established for distinguishing signs by the Geneva Conventions and, where applicable, by their Additional Protocols of 1977.
4. Sanitary services and religious staff of the armed forces of the High Contracting Parties may, without prejudice to their current emblems, temporarily use any distinguishing sign referred to in the para. 1 of this article, if such use is likely to enhance their protection.
Art. 3. Indicative use of the third Protocol emblem
1. National Societies of the High Contracting Parties that decide to use the third Protocol emblem may, when using this emblem in accordance with the relevant national legislation, choose to include it, for example:
(a) a distinguishing sign recognized by the Geneva Conventions or a combination of these emblems; or
(b) another emblem that a High Contracting Party has effectively used and which has been the subject of a communication to other High Contracting Parties and to the International Committee of the Red Cross through the depositary prior to the adoption of this Protocol.
The incorporation shall be carried out in accordance with the illustration set out in the Annex to this Protocol.
2. A National Society that chooses to incorporate another emblem within the emblem of the Third Protocol, in accordance with paragraph. 1 of this article may, in accordance with national legislation, use the name of this emblem and display this emblem on its national territory.
3. National Societies may, in accordance with their national legislation and in exceptional circumstances, and to facilitate their work, temporarily use the distinguishing sign referred to in art. 2 of this Protocol.
4. This article does not affect the legal status of distinguishing signs recognized in the Geneva Conventions and in this Protocol; it also does not affect the legal status of any particular emblem when it is incorporated in an indicative manner in accordance with the paragraph. 1 of this article.
Art. 4. International Committee of the Red Cross and International Federation of Red Cross and Red Crescent Societies
The International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies, as well as their duly authorized staff, may, in exceptional circumstances and to facilitate their work, use the distinguishing sign referred to in art. 2 of this Protocol.
Art. 5. Missions under United Nations auspices
Sanitary services and religious personnel involved in operations under the auspices of the United Nations may, with the consent of the participating States, use one of the distinctive signs referred to in art. 1 and 2.
Art. 6. Prevention and punishment of abuse
1. The provisions of the Geneva Conventions and, where appropriate, the Additional Protocols of 1977 that govern the prevention and suppression of abusive use of distinguishing signs will apply identically to the third Protocol. In particular, the High Contracting Parties shall take the necessary measures to prevent and suppress, at any time, any abuse of the distinctive signs mentioned in the art. 1 and 2 and their denomination, including their perfidious use and use of any sign or denomination that constitutes an imitation.
2. Notwithstanding. 1 of this Article, the High Contracting Parties may authorize the prior users of the emblem of the third Protocol, or any sign thereof, to continue such use, provided that such use may not appear, in times of armed conflict, as intended to confer the protection of the Geneva Conventions and, where applicable, of the Additional Protocols of 1977, and provided that the rights authorizing such use have been acquired before the adoption of the present Protocol.
Art. 7. Dissemination
The High Contracting Parties undertake, in times of peace and in times of armed conflict, to disseminate this Protocol as widely as possible in their respective countries and, in particular, to include it in military training programmes and to encourage its study by the civilian population so that this instrument can be known to the armed forces and the civilian population.
Art. 8. Signature
This Protocol shall be open for signature by the Parties to the Geneva Conventions on the very day of its adoption and shall remain open for a period of twelve months.
Art. 9. Ratification
This Protocol will be ratified as soon as possible. The instruments of ratification will be deposited with the Swiss Federal Council, depositary of the Geneva Conventions and the Additional Protocols of 1977.
Art. 10. Access
This Protocol shall be open to the accession of any Party to the Geneva Conventions not a signatory to this Protocol. The instruments of accession shall be deposited with the depositary.
Art. 11. Entry into force
1. This Protocol shall enter into force six months after the deposit of two instruments of ratification or accession.
2. For each Party to the Geneva Conventions that will ratify or accede to it at a later date, this Protocol shall enter into force six months after the Party deposits its instrument of ratification or accession.
Art. 12. Treaty reports as soon as this Protocol comes into force
1. When Parties to the Geneva Conventions are also Parties to this Protocol, the Conventions shall apply as 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 nevertheless remain bound by this Protocol in their mutual relations. They shall also be bound by this Protocol to that Party, if it accepts and applies the provisions thereof.
Art. 13. Amendment
1. Any High Contracting Party may propose amendments to this Protocol. The text of any draft amendment will be communicated to the depositary who, after consultation with all the High Contracting Parties, the International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies, will decide whether a conference should be convened to consider the proposed amendments or amendments.
2. The depositary shall invite the High Contracting Parties and the Parties to the Geneva Conventions, whether or not signatories to this Protocol.
Art. 14. Denunciation
1. In the event that a High Contracting Party denounces this Protocol, denunciation will only produce its effects one year after receipt of the denunciation instrument. If, however, at the expiry of this year, the Denouncing Party is in a situation of armed conflict or occupation, the effect of 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 shall inform all High Contracting Parties of this notification.
3. The denunciation will only affect the denouncing Party.
4. No denunciation notified under the paragraph. 1 shall have effect on the obligations already undertaken by the Party denouncing for any act committed before the denunciation becomes effective as a result of the armed conflict or occupation under this Protocol.
Art. 15. Notifications
The depositary shall inform the High Contracting Parties and the Parties to the Geneva Conventions whether or not they are signatories to this Protocol:
(a) signatures affixed to this Protocol and instruments of ratification and accession deposited in accordance with art. 8, 9 and 10;
(b) the date on which this Protocol comes into force in accordance with Art. 11 within 10 days of the coming into force;
(c) communications received in accordance with art. 13;
(d) denunciations notified in accordance with art. 14.
Art. 16. Registration
1. Following its entry into force, this Protocol shall be transmitted by the depositary to the United Nations Secretariat for registration and publication, in accordance with Art. 102 of the Charter of the United Nations.
2. The depositary shall also inform the United Nations Secretariat of all ratifications, accessions and denunciations that it may receive with respect to this Protocol.
Art. 17. Authentic texts
The original of this Protocol, of which the Arabic, Chinese, Spanish, French and Russian texts are equally authentic, will be deposited with the depositary, which will send certified copies to all Parties to the Geneva Conventions.

Annex
Third Protocol
(art. 2, para. 2, and art. 3, para. 1, of the Protocol)

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