The Swedish Defence International Law Regulation (1990:12)

Original Language Title: Totalförsvarets folkrättsförordning (1990:12)

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Scope and content



section 1 of this Regulation applies to the authorities during the

the Government.



In regulation, there are regulations for the guidance of interpretation

and the application of the Swedish section of the international

humanitarian law in armed conflicts in accordance with the

The Geneva Conventions of 12 August 1949 for the protection of

war victims as well as according to the 1977 Additional Protocols I and II

to the Geneva Conventions. (Conventions and protocols

has been published in Sweden's agreements with foreign

powers, Sun 1953:14-17 and SUN in 1979:22-23.)



The regulation also has regulations on specific application

The Hague Convention of 14 May 1954 for the protection of

cultural property in the event of armed conflict, together with

Additional Protocol. (The Convention has been published in Swedish

agreements with foreign powers, Sun 1985:7.)



In 20 a and 20 b § § there is also regulations in connection with the

Act (2014:812) about the protection of identifiers in the

international humanitarian law. Regulation (2014:1336).



Total Defense personnel people legal status



Combatants



section 2 of That combatants are considered those serving in the armed forces

the armed organization unless they belong to the health or

teachers staff under section 8 or 12. Regulation (1995:645).



3 § in addition to what follows from section 2, the following shall be considered as

combatants.



1. Police officers according to the law (1943:881) on police positions

during the war, participating in the Kingdom's defense.



2. The serving as security guards as protection act

(2010:305).



3. Staff of the Customs and Excise Department who serves as the

external border practitioners under the Act (1979:1088) about

the border guards in war, etc.



4. Members of the organized resistance movement.

Regulation (2012:487).



4 of those who called in to service in the defence forces shall

be regarded as combatants only when they are assigned to military equipment and

come under responsible command. Those in peace assigned personal

military equipment shall, however, be regarded as combatants already

obligation to serve.



paragraph 5 of the defence forces may, after consulting with the relevant authorities notify the

regulations for enforcement of the provisions of sections 2-4 of

combatants. Regulation (1994:653).



Civil defence personnel



6 § civil defence personnel are considered as in height

preparedness is serving in the municipal organization for

rescue services or performing tasks within

population protection, if they do not belong to professionals

According to section 8.



As civil defense personnel is also considered other staff on

request of an incident commander involved in civil protection or in

activities in accordance with Chapter 8. section 2 of the Act (2003:778) concerning the protection of

accidents. Regulation (2003:796).



section 7 of the Swedish civil contingencies Agency, notify

regulations for enforcement of the provisions of paragraph 6 of

civil defence personnel. Regulation (2008:1007).



Health care professionals



section 8 That health care professionals are considered to all personnel in the height

prepared exclusively has the task to ensure the wounded and

sick well-being through preventative or restorative measures within

the civilian and military health care, dental care or

of the veterinary surgeon are or in the local government oversight on environmental

and health protection. Regulation (1995:645).



9 repealed by Regulation (1995:645).



section 10 of those krigsplacerade in the military health

health care may carry only personal light armament.



section 11 of the Regulations for the enforcement of the provisions of

medical staff must be notified of the



1. The armed forces of personnel within the health care system,

dental care and of the veterinary surgeon are concerned about the military

the defense,



2. The National Board for other professionals, except for staff

within the civilian of the veterinary surgeon are,



3. The State's agricultural work for personnel in civil

of the veterinary surgeon are. Regulation (1995:645).



Chaplain



12 § chaplain priests and other priests considered to field, if

they are attached to the armed forces or of the civilian health

the health care system.



Chaplain who is interned in the armed forces may wear

only personal light armament under the defence forces regulations.

Regulation (1994:653).



Civilians accompanying armed forces



section 13 As civilians accompanying armed forces considered the work

the military units under special permit by the armed forces

without those officiating at the dressing and without having

the combat tasks. Regulation (1994:653).



section 14 of the defence forces shall, after consultation of the Authority for

civil contingencies Agency provide for

the enforcement of the provisions of section 13 if civilians accompanying

combat forces. Regulation (2008:1007).



Civilian personnel



section 15 As civilian personnel is considered all other staff in total defense.



Common provisions



section 16 of the People legal status under this Regulation apply only

the serving in the appropriate position.



If anyone serving in the armed forces has permission or is

leave of absence for a shorter time, he maintains, notwithstanding

in the first paragraph, his international legal position during the leave.



Identity cards, etc.



section 17, during the time when international humanitarian law in the armed

conflicts are applicable to the employees referred to in 2, 3,

6, 8 and 12 §§ at military service be provided with

identity card showing the people legal status.

In addition, medical staff and chaplain be

fitted with the armband with the red cross brand and

civil defence personnel bear the armband with the

International sign for civil defence.

Regulation (2014:1336).



section 18 of the armed forces, Police, security police,

The Swedish civil contingencies Agency, the National Board of health and welfare,

Customs Service and the State's agricultural work, during peacetime

announce the regulations and undertake the preparation needed

within each practice area for employees to

be provided with identity cards and Hallmark under

section 17.



The Swedish civil contingencies Agency will coordinate

preparations within the FOI civil part.



The defence forces shall, after consultation of the Authority for

civil contingencies agency announce the regulations and to take

the preparation of other necessary for the personnel

set out in section 13, where necessary, be provided with identity cards

showing the people legal status.

Regulation (2014:1215).



18 a of the National Heritage Board shall, after consulting the

The armed forces and the Swedish civil contingencies Agency

during peace time, to the regulations and to take the

preparations necessary for the persons referred to in

Article 17, paragraph 2 (b)), and (c)) in the 1954 Hague Convention,

be provided with characteristics and identity card as referred to in article

21 paragraph 1 and 2 of the implementing rules for the said

Convention. Regulation (2008:1007).



section 19 of the National Board of health shall, after consultation with the Swedish Migration Board

and the Swedish Red Cross in peacetime take the preparation

necessary for identification to take place of children

evacuated from or received in Sweden under article 78 of the

the 1977 Additional Protocol I.



The National Board may provide for the enforcement

the provisions of the first paragraph. Regulation (2000:531).



War captivity, etc.



19 a of The coming of the enemy force that a prisoner is required to

on request stating his rank, as well as his registration number;

full name and date of birth. Otherwise do not need any

information must be given. Regulations on prohibition to disclose information concerning the

activities in order to defend the country, see the secrecy Act (1980:100).



The armed forces must provide for the treatment of prisoners of war

who is in the Swedish force. Regulation (1996:928).



Education



20 §/expires U: 2016-04-01/

The armed forces and the authorities have a responsibility

According to section 18 of the Regulation (2006:942) on crisis preparedness and height

preparedness (the guard responsible authorities) shall ensure

to the staff for getting a

adequate training and information on international law

rules of war and under neutrality. Authority for

civil contingencies Agency will offer the

surveillance authorities responsible for basic education in

the rules of international law in times of war and in neutrality and coordinating

training in the Swedish defence civil part.

Regulation (2013:881).



20 section/entry into force: 04/01/2016

The armed forces and the authorities are monitoring the responsible authorities under the Regulation (2015:1052) concerning emergency preparedness and security preparedness of authorities responsible for measures to ensure that staff for getting a satisfactory education and information about the rules of international law in the war and under neutrality. The Swedish civil contingencies Agency will offer the security authorities responsible for basic training in the rules of international law in times of war and in neutrality and coordinate training in the Swedish Defence civilian part. Regulation (2015:1054).



Permission to use the characteristics



20 a of an application for authorisation to use a characteristic

According to the law (2014:812) about the protection of identifiers in the

international humanitarian law be reviewed by



1. The National Board of health with regard to red cross mark or

the term "Red Cross" or "Genèvekorset",



2. The Swedish civil contingencies agency when it comes

the international characteristic of civil protection services;




3. Swedish Swedish power networks when it comes to the

International sign for installations and

installations containing dangerous forces, and



4. National Heritage Board with regard to the international

the hallmark of cultural property. Regulation (2014:1336).



20 b of an application for authorization under section 20 shall be

written and contain information on the



1. applicant's name or business name and address,



2. which characteristics to which it relates,



3. purposes of use of the sign, and



4. the circumstances in General which is of importance for

the trial of the case.



The authorities referred to in paragraph 20 (a) may provide additional

regulations for the application procedure for their respective

areas of responsibility. Regulation (2014:1336).



Marking, etc.



section 21 of the defence forces in peacetime shall undertake the preparation

necessary to mark defence forces units

and nursing care of transport with red cross markings.

The armed forces may provide for demarcation.



The armed forces may, after consulting with the relevant authorities in

peacetime take preparations for medical transport aircraft

and medical transport helicopters should be able to provide such specific

signals specified in the 1977 Additional Protocol, annex I.

Regulation (2014:1336).



section 22 of the Swedish civil contingencies Agency shall

peacetime take the preparation needed to Excel

such establishments during the preparedness to use for

civil defence and emergency services with the international

the hallmark of civil defence.



Storage buildings, shelters and the stock that the municipal

the Organization of emergency assistance should use under height

readiness must be identified already in peace.



The Swedish civil contingencies Agency, after consultation

with the armed forces provide for demarcation.

Regulation (2008:1007).



section 23 of the National Board of health shall, during peacetime, take the

preparation needed to mark civil

units and medical transport vehicles with red cross markings.

Demarcation may be done already in peacetime.



The National Board may, after consulting with the defense forces announce

regulations on the demarcation. Regulation (2014:1336).



section 24 of the Swedish Swedish power networks shall ensure that

nuclear reactor buildings and dams, whose

destruction in whole or in part may give rise to hazardous

forces, is the one with the international sign for

facilities and installations containing hazardous

forces.



Swedish Swedish power grids may, after consulting the

The armed forces provide for demarcation.

Regulation (2014:1336).



section 25 of the National Heritage Board shall, during peacetime, take the

preparation needed to Excel in such cultural property

afforded special protection under article 8 of the 1954

Convention. Demarcation may be done already in peacetime.



The County Board shall, during peacetime, take the preparations

necessary to distinguish such cultural property referred to in article

17 paragraph 2 (a)) in the first subparagraph of that Convention.

Demarcation may be done already in peacetime. The Swedish National Heritage Board

shall, after consultation with the armed forces announce the regulations

needed for the task to be carried out. Regulation (2001:609).



section 26 of The public maps, red cross mark be used to

Mark units and the international

the hallmark of establishments and installations

contain dangerous forces used to mark

nuclear power plants according to National regulations.

Regulation (2014:1336).



International legal advisor



section 27 of the defence forces ' main combat organization, there shall be

international legal advisers to the armed forces

decides. These should be placed in the higher staffs and have to

Mission to provide military leaders advice on how the rules of international law in

during the war and neutrality should be applied. The advisors shall

also participating in the Headquarters planning.



Such people legal advisors receive the grade that

The armed forces decides. Regulation (1998:174).



section 28 in the defence forces peace organisation, the

Defence forces headquarters be executives with

international law expertise. In the defence forces peace organisation in

Moreover, there must be international legal adviser to the number of

as the armed forces decides. These officers shall

participate in the training of armed forces personnel about how

international law of war and neutrality should be applied and in

otherwise give each manager's advice in international legal matters.

Regulation (1998:174).



section 29 of the defence forces shall notify the regulations needed

the enforcement of the provisions of §§ 27 and 28 if

international legal advisers and executives with international law

competence in the armed forces. Regulation (1998:174).



section 30 is repealed by Regulation (2000:903).



section 31 in each County Board of war organization

There shall be two international legal adviser whose role is to provide

county executives and local governments within the County Council about how the rules of international law

in war and during neutrality should be applied. The advisers shall also

participate in the County Administrative Board's planning and training activities.

Regulation (1994:1356).



31 a of the Swedish civil contingencies Agency, notify

the regulations necessary for the execution of

the provisions of section 31 of the legal adviser.

Regulation (2008:1007).



32 § The international legal advisers and executives with

international law expertise must be lawyers.

Regulation (1998:174).



Reporting and monitoring



33 § Violations of international humanitarian law in the armed

conflicts should be reported to the Government.



34 repealed by Regulation (2000:903).



Transitional provisions



2010:524



1. This Regulation shall enter into force on 1 July 2010.



2. in accordance with the law Of protected areas Rangers (1990:217) on the protection

for socially important facilities accommodation applies section 3 of their older

version in force until 31 december 2011.

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