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Law (2014:812) About The Protection Of Identifiers In International Humanitarian Law

Original Language Title: Lag (2014:812) om skydd för kännetecken i den internationella humanitära rätten

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The policy of the law



section 1 of this Act contains provisions for the implementation of

provisions on the characteristics according to the following international

conventions and protocols on international humanitarian

right:



1. The Geneva Conventions of 12 August 1949, and relating to the

the enhancement of the wounded and the sick, treatment for

combat forces in the field (Su 1953:14),



2. The Geneva Conventions of 12 August 1949, and relating to the

improvement of the treatment of the wounded, sick and

shipwrecked belonging to the armed forces at sea (SUN

1953:15),



3. The Geneva Conventions of 12 August 1949 for the protection of

civilian persons in time of war (Su 1953:17),



4. additional protocols of 8 June 1977 to the

The Geneva Conventions of 12 August 1949, and relating to the protection of

the victims of international armed conflicts (Su 1979:22),



5. Additional Protocol II of 8 June 1977 to the

The Geneva Conventions of 12 August 1949, and relating to the protection of

the victims of non-international armed conflicts (SUN

1979:23),



6. Additional Protocol III on 8 december 2005 to

The Geneva Conventions of 12 August 1949, and relating to the adoption of

Another characteristic,



7. The Hague Convention of 14 May 1954 for the protection of

cultural property in the event of armed conflict, together with

Additional Protocol (SUN 1985:7).



Protected characteristics



section 2 of the Following characteristics is protected under this law:



1. a mark which consists of a red cross on a white background,

or the designation "Red Cross" or "Genèvekorset",



2. a mark which consists of a red frame in the shape of a square

set on a head on a white background, or the term "Red

the Crystal ",



3. a mark which consists of a Red Crescent on a white background,

or the appellation "Red Crescent",



4. a mark which consists of a Red Lion and a red Sun against

white background, or the term "Red Lion and Sun",



5. a mark that distinguishes civil defence and which consists of a

equilateral blue triangle on orange background,



6. a mark that distinguishes establishments and installations

contain dangerous forces, consisting of three brilliant

Orange circles placed on the same axis,



7. a mark that denotes cultural property, consisting of a

coat of arms with the tip down and with a blue-white snedkors,

or a combination of the three repeated such marks in a

triangle.



Permitted use of the characteristics



section 3 Characteristics in section 2 may be used publicly only if it

is compatible with 4-8 sections, public international law and rules on

characteristics of the conventions and protocols referred to in paragraph 1.



section 4 of the Military health care and military chaplain,

use the characteristics of 2 § 1-4.



Swedish military medical and chaplain may use

only the sign in section 2 1. A characteristic of 2-4 may

be used temporarily if it can strengthen the protection.



paragraph 5 of the International Red Cross organizations and national

compounds that are attached to them may use characteristics in

2 § 1-4.



A Swedish National Association may use only the sign

in section 2 1. Sign in 2 § 2 may be used temporarily

If this is because of the special circumstances required for

to facilitate the work. If the Association is advising the military

health care, the Association in addition to temporarily use a

characteristics as the military health care system temporary uses

in order to strengthen the protection provided for in paragraph 4, second subparagraph.



The first paragraph also applies to other unions that have to

task to assist the military health care system during an armed

conflict. A Swedish compound, use only the sign

in section 2 1. Such use requires the permission of the Government

or the authority, as the Government determines. The authorisation may

also refer to the occasional use of another sign

the military health care system temporarily uses to

strengthen the protection referred to in paragraph 4(2).



6 § Civil medical services may use the marks in 2 § 1-4 during a

armed conflict.



Swedish health care may use only the mark of 1.

Such use requires authorisation from the Government or the

the Government authority determines.



If there are special reasons and the Association of Swedish Red

The cross has provided consent, Swedish health care use

mark in 2 § 1 to designate in peacetime of vehicles

used as ambulances and to show help stations

are intended exclusively for free care of wounded and

sick. Such use requires authorisation by the Government or

the Government authority determines.



section 7 of the Medical and chaplain who participates in an operation

under United Nations auspices, in common use

one of the characteristics of 2 § 1-4.



Swedish medical and chaplain may use such

common characteristics only if the Government or the

authority that the Government has given consent to

it.



section 8 Characteristics in section 2 of the 5 – 7 may only be used after

the permission of the Government or the authority that the Government

determines.



Criminal responsibility



§ 9 The who in contravention of this Act, use of a sign in

section 2 for the products, services, or activities or for

marking on signs, posters or similar is convicted of

unauthorized use of the characteristics of the international

humanitarian law to fines or imprisonment of up to six

months. The same applies to the other in the course of trade

use of such a sign in contravention of this Act.



The first paragraph also applies to anyone who uses a

characteristics that may be confused with a sign in section 2.



In minor cases, it should not be responsible.



Authorization



section 10 of the Government or the authority, as the Government determines

may provide for fees for the examination of

requests for permission to use a characteristic as

This law.



Transitional provisions



2014:812



1. this law shall enter into force on the day the Government determines.

The Act repeals the law (1953:771) concerning the protection of certain

international medical indications, etc.



2. the provisions on the use of the characteristics referred to in

2 § 3 and 4 shall not apply in relation to the goods or

nutritional characteristics which has been registered or used before

the entry into force of the repealed Act.



3. the provisions on the use of the characteristics referred to in

2 § 2, 6 and 7 shall not apply in relation to the goods

or nutritional characteristics which has been registered or used

before the entry into force, provided that the use

do not give the impression to be in protective order during an armed

conflict.