Decree No. 7196, June 1, 2010

Original Language Title: Decreto nº 7.196, de 1º de Junho de 2010

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DECREE NO. 7,196, OF 1º JUNE 2010.

Promuling the Additional Protocol to the Geneva Conventions of August 12, 1949 on the Adoption of Distinctive Emblem Additional (Protocol III), approved in Geneva, on December 8, 2005, and signed by Brazil on March 14, 2006.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso IV, of the Constitution, and

Considering that the National Congress has approved, by means of the Legislative Decree no 348, of June 26, 2009, the Additional Protocol to the 1949 Geneva Conventions concerning the Adoption of Additional Distinctive Emblem (Protocol III), celebrated on December 8, 2005, and signed by Brazil on March 14 of 2006;

Considering that the Brazilian Government deposited the instrument of ratification of the said Constitution to the Swiss Federal Council, the depositary of the Geneva Conventions and the Additional Protocols of 1977, on August 28, 2009;

Whereas the Agreement entered into force for Brazil, in the external legal plan, on February 28, 2010;

DECRETA:

Art. 1º The Additional Protocol to the Geneva Conventions of August 12, 1949, concerning the Adoption of Additional Distinctive Emblem (Protocol III), apensed by copy to present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º Are subject to the approval of the National Congress any acts that may result in revision of the said amendments or that carries charges or gravy commitments to the national heritage, pursuant to art. 49, inciso I, of the Constitution.

Art. 3º This Decree comes into effect on the date of its publication.

Brasilia, 1º June 2010; 189º of the Independence and 122º of the Republic.

LUIZ INACIO LULA DA SILVA

Ruy Nunes Pinto Nogueira

Additional Protocol to the Geneva Conventions of August 12, 1949 Relative to the Adoption of Additional Distinctive Emblem

(Protocol III)

December 8, 2005

Preamble

The High Contracting Parties,

Reaffirming the provisions of the Geneva Conventions of August 12, 1949 (not least articles 26, 38, 42 and 44 of the First Geneva Convention) and, if it is the case, of its Additional Protocols of June 8, 1977 (not least Articles 18 and 38 of the First Additional Protocol and Article 12 of the Second Additional Protocol), concerning the use of the emblems badges;

Wishing to complement the provisions mentioned above, in order to reinforce its protection value and its universal character;

Observing that the present Protocol does not reach the recognized right of the High Contracting Parties to continue using the emblems in accordance with the obligations arising from the Geneva Conventions and, if it is the case, of its Additional Protocols;

Recording that the obligation to respect people and goods protected by the Geneva Conventions and their Additional Protocols arise from the protection that gives them international law and do not depend on the use of the badges, the signos or distinguishing signs;

Ressaling that the distinctive emblems do not presuppose any religious, ethnic, racial, regional or political signification;

Highlighting the need to ensure full respect the obligations relating to the distinctive emblems recognized in the Geneva Conventions and, if it is the case, in their Additional Protocols;

Recalling that article 44 of the First Geneva Convention sets out the distinction between the protective use and the indicative use of the distinctive emblems;

Recording as well that the National Societies that carry out activities in the territory of another State must ensure that the emblems they intend to use in these activities can be used in the country where they develop their activities as well as in countries of transit;

Recognizing the difficulties that some States and National Societies may face in the use of the existing distinctive emblems;

Considering the determination of the International Committee of the Red Cross, of the International Federation of Red Cross Societies and from the Red Crescent and the International Red Cross and Red Crescent Movement to retain their names and their current distinctive emblems;

Concame the following:

Article 1º-Respect and field of application of this Protocol

1. The High Contracting Parties undertake to respect and enforce the present Protocol in all circumstances.

2. The present Protocol reaffirms and complements the provisions of the four Geneva Conventions of October 12, 1949 (henceforth,?Geneva Conventions?) and, if it is the case, of its two Additional Protocols of June 8, 1977 (henceforth,?Additional Protocols of 1977?) concerning the distinctive emblems, namely the red cross, the red crescent and the lion and the red sun, and it is applied in the same circumstances as those provisions.

Article 2º-distinguishing signs

1. The present Protocol recognizes additional distinctive emblem to the distinctive emblems of the Geneva Conventions, for the same purposes. The distinctive emblems have the same status.

2. That additional distinctive signal, composed of red frame, having the squared form supported on the tip, on white background, corresponds to the illustration contained in the Annex to this Protocol. In this Protocol, such a sign will be referred to as? emblem of the third Protocol?.

3. The conditions of use and respect of the emblem of the third Protocol are identical to those set out by the Geneva Conventions and, if it is the case, by its Additional Protocols of 1977.

4. The medical services and the religious personnel of the armed forces of the High Contracting Parties may, without prejudice to their current emblems, use the provisional title any distinctive emblem mentioned in paragraph 1º of this article, if such use is able to reinforce its protection.

Article 3º-indicative use of the emblem of the third Protocol

1. The National Societies of the High Contracting Parties that decide to use the emblem of the third Protocol will, when they use that emblem as per the relevant national legislation, choose, by way of the indicative title:

a) a distinctive emblem recognized by the Geneva Conventions or a combination of these emblems, or

b) a another emblem that a High Contracting Party has effectively used and communicated to the other High Contracting Parties and to the International Committee of the Red Cross, by means of the depositary, prior to the adoption of this Protocol. The incorporation should be carried out as per the illustration contained in the Annex to the present Protocol.

2. A National Society that chooses to incorporate within the emblem of the third Protocol an other emblem, pursuant to paragraph 1º of this Article, may, as per its national legislation, use the denomination of that emblem and display it in its national territory.

3. National Societies may, as per their national legislation and in exceptional circumstances, in order to facilitate their work, to use the temporary title the distinctive emblem mentioned in Article 2º of this Protocol.

4. This article does not affect the legal condition of the distinctive emblems recognized in the Geneva Conventions and in this Protocol; and does not affect the legal condition of any specific emblem when it is incorporated under the indicative title as per paragraph 1º of this article.

Article 4º-International Committee of the Red Cross and the 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 personnel, they may, in exceptional circumstances and to facilitate their work, use the distinctive emblem mentioned in Article 2º of this Protocol.

Article 5º-Missions under the auspices of the United Nations

The medical services and the religious personnel participating in the operations under the auspices of the United Nations may, with the agreement of the participating States, use one of the distinctive emblems mentioned in Articles 1º and 2º.

Article 6º-Prevention and suppression of abuse

1. The provisions of the Geneva Conventions and, if it is the case, of the Additional Protocols of 1977, which govern the prevention and suppression of the abusive use of the distinctive emblems, shall be applied in an identical manner to the emblem of the third Protocol. Particularly, the High Contracting Parties shall take the necessary measures with a view to preventing and repressing, at all times, any abuse of the use of the distinctive emblems, mentioned in Articles 1º and 2º, and of their denomination, such as the pérard use and the imitation of any sign or denomination.

2. Independent of paragraph 1º of this Article, the High Contracting Parties may allow those who have previously used the emblem of the third Protocol, or any sign constituting their imitation, to follow using such an emblem, provided that such use does not intend, in time of armed conflict, to confer the protection of the Geneva Conventions and, if it is the case, of the Additional Protocols of 1977, and considering that the rights authorizing such use have been acquired prior to the adoption of the present Protocol.

Article 7º-Diffusion

The High Contracting Parties undertake, in time of peace and in armed conflict time, to spread the present Protocol as widely as possible in their respective Country and above all to include their study in the military instruction programs and to encourage their study by the civilian population, so that instrument can be known by the armed forces and the civilian population.

Article 8º-Signature

The present Protocol will be open to signature for the Parties of the Geneva Conventions on the day of their adoption and will remain open to the signing for subsequent twelve-month period.

Article 9º-Ratification

The present Protocol will be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss Federal Council, the depositary of the Geneva Conventions and the Additional Protocols of 1977.

Article 10-Accession

This Protocol will be open to the accession of any Party of the Non-signatory Geneva Conventions of this Protocol. The instruments of accession shall be deposited with the depositary.

Article 11-Entry into force

1. The present Protocol shall enter into force six months after the deposit of two instruments of ratification or accession.

2. For each of the Parties of the Geneva Conventions that ratify it or accede to it, this Protocol shall enter into force six months after the deposit by the Party of its instrument of ratification or accession.

Article 12-Conventional relations with the entry into force of this Protocol

1. When the Parties to the Geneva Conventions are also Parties to this Protocol, the Conventions shall be applied with the complementation of this Protocol.

2. If one of the Parties to the conflict is not bound by this Protocol, the Parties to this Protocol shall follow through on it in their reciprocal relations. They shall remain, ademal, bound by this Protocol with respect to the said Party if it accepts and applies the present provisions.

Article 13-Emenda

1. Every High Contracting Party may propose amendments to this Protocol. The text of any amendment bill shall be communicated to the depositary who, after consultation with the set of the High Contracting Parties, of the International Committee of the Red Cross and of the International Federation of Red Cross and Crescent Societies Red, it should decide whether it is convenient to convene a conference to examine the proposed amendment.

2. The depositary shall invite to that conference the High Contracting Parties, as well as the Parties to the Geneva Conventions, signatories or not of this Protocol.

Article 14-Denpronunciation

1. In the event of a High Contracting Party denouncing the present Protocol, the denunciation shall only produce its effects one year upon receipt of the instrument of denunciation. If, in the meantime, within that year, the whistleblower Party finds itself in a situation of armed conflict or occupation, the effect of the denunciation shall remain suspended until the end of the armed conflict or occupation.

2. The complaint shall be notified in writing to the depositary, who shall inform all the High Contracting Parties of that notification.

3. The complaint will only take effect with respect to the whistleblower Party.

4. No denunciation notified under paragraph 1º shall have effect on the obligations relating to this Protocol already contracted by the whistleblower on grounds of armed conflict or occupation, for all acts committed prior to the said denunciation become effective.

Article 15-Notification

The depositary shall inform the High Parties Contractors and the Parties to the Geneva Conventions, whether or not they are a signatory to this Protocol, on:

a) the signatures made to this Protocol and the instruments of ratification and accession deposited pursuant to the articles 8º, 9º and 10;

b) the date on which the present Protocol to come into force, as per Article 11, in up to 10 days after its entry into force;

c) the communications received in compliance with article 13;

d) the complaints notified in accordance with article 14.

Article 16-Registration

1. After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations in order to be registered and published, pursuant to Article 102 of the Charter of the United Nations.

2. The depositary shall also inform the Secretariat of the United Nations of all ratifications, adhesions and denunciations it receives in relation to this Protocol.

Article 17-Authentic Texts

The original of the present Protocol, whose texts in Arabic, Chinese, Spanish, French, English and Russian are equally authentic, must be deposited with the depositary, which must send certified copies of the same to all Parties of the Geneva Conventions.

* * * *

ANNEX

EMBLEM OF THE THIRD PROTOCOL

(Article 2º, paragraph 2º, and article 3º, paragraph 1º, of the Protocol)

Article 1º-Emblema badge

Article 2-Use indicative of the emblem of the third Protocol

Insertion

second art. 3º


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