Key Benefits:
Original text
(State on 30 June 2015)
The 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 1 Re 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 art. 12 of Additional Protocol II 5 ), concerning the use of distinctive signs;
(PP2) to complement the above provisions in order to strengthen their protective value and universality;
(PP3) noting that this Protocol does not affect the right of the High Contracting Parties to continue to use the emblems they use in accordance with their obligations under the Geneva Conventions and, If applicable, their Additional Protocols;
(PP4) recalling that the obligation to respect the persons and property protected by the Geneva Conventions and their Additional Protocols derives from the protection afforded to them by international law and does not depend on the use of the Emblems, signs or distinctive signs;
(PP5) stressing that distinctive signs are not intended to have religious, ethnic, racial, regional or political significance;
(PP6) stressing the need to ensure full compliance with the obligations of the distinctive signs recognized in the Geneva Conventions and, where appropriate, in their Additional Protocols;
(PP7) recalling that s. 44 of 1 Re The Geneva Convention distinguishes between the protective use and the indicative use of distinctive signs;
(PP8) further recalling that National Societies undertaking activities in the territory of another State must ensure that the emblems that they intend to use in the course of such activities can be used in the country in which they Carry out these activities as well as in the country or countries of transit;
(PP9) recognizing the difficulties that the use of existing distinctive signs may pose to certain States and to 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 keep their names and Their current distinctive signs;
Agreed to the following:
1. The High Contracting Parties undertake to respect and ensure compliance with 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, their two Additional Protocols of 8 June 1977 (hereinafter "the Protocols thereto") ") relating to distinctive signs, namely the red cross, the red crescent and the red lion and sun, and shall apply in the same situations referred to in those provisions.
(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. This additional distinctive sign, consisting of a red frame, having the shape of a square on the tip, on a white background, is in conformity with the illustration in the Annex to this Protocol. In this Protocol, reference is made to that distinctive sign as the "emblem of the Third Protocol".
3. The conditions for the use and observance of the emblem of the Third Protocol are identical to those established for distinctive signs by the Geneva Conventions and, where appropriate, by their Additional Protocols of 1977.
4. The health services and religious personnel of the armed forces of the High Contracting Parties may, without prejudice to their current emblems, use on a temporary basis any distinctive sign referred to in subs. 1 of this Article, if such use is likely to enhance their protection.
(1) The National Societies of the High Contracting Parties which decide to use the emblem of the Third Protocol may, when using this emblem in accordance with the relevant national legislation, choose to incorporate it, as Indicative:
The incorporation shall be carried out in accordance with the illustration set out in the Annex to this Protocol.
(2) A National Society which chooses to incorporate another emblem within the emblem of the Third Protocol, in accordance with par. 1 of this Article, may, in accordance with national law, use the name of this emblem and bear this emblem on its national territory.
(3) National Societies may, in accordance with their national laws and in exceptional circumstances, and in order to facilitate their work, use the distinctive sign referred to in Art. 2 of this Protocol.
(4) This Article does not affect the legal status of distinctive signs recognized in the Geneva Conventions and in this Protocol; nor does it affect the legal status of any particular emblem when it is incorporated into Indication in accordance with subs. 1 of this article.
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 in order to facilitate their work, Use the distinctive sign referred to in s. 2 of this Protocol.
The health services and religious personnel involved 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.
1. The provisions of the Geneva Conventions and, where appropriate, the Additional Protocols of 1977 which govern the prevention and enforcement of abusive uses of distinctive signs shall apply in the same way as the emblem of the third Protocol. In particular, the High Contracting Parties shall take the necessary measures to prevent and suppress, at all times, any abuse of the distinctive signs referred to in Art. 1 and 2 and their names, including their perfidious use and the use of any sign or denomination constituting an imitation thereof.
2. Notwithstanding s. 1 of this Article, the High Contracting Parties may authorize prior users of the emblem of the Third Protocol, or any sign which constitutes an imitation thereof, to continue such use, provided that such use cannot Appear, in time of armed conflict, as aiming to confer the protection of the Geneva Conventions and, where appropriate, the Additional Protocols of 1977, and provided that the rights allowing that use have been acquired before the adoption of the present Protocol.
The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate the present Protocol as widely as possible in their respective countries and, in particular, to include the study in the training programmes And to encourage the study by the civilian population, so that this instrument can be known to the armed forces and the civilian population.
This Protocol shall be open for signature by the Parties to the Geneva Conventions on the day of its adoption and shall remain open for a period of twelve months.
This Protocol shall be ratified as soon as possible. The instruments of ratification will be deposited with the Swiss Federal Council, the depositary of the Geneva Conventions and the Additional Protocols of 1977.
This Protocol shall be open for accession by any Party to the Geneva Conventions not signatory to this Protocol. Instruments of accession shall be deposited with the depositary.
(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 which will ratify or accede to it at a later date, this Protocol shall enter into force six months after the deposit by that Party of its instrument of ratification or accession.
(1) Where the 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 shall nevertheless remain bound by it in their mutual relations. They shall also be bound by this Protocol to that Party, if it accepts and applies the provisions thereof.
Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary, which, after consultation with all the High Contracting Parties, the International Committee of the Red Cross and the International Federation of Red Cross Societies and the International Federation of the Red Cross Red Crescent, will decide whether to convene a conference to consider the proposed amendment (s).
The depositary shall invite to this Conference the High Contracting Parties and the Parties to the Geneva Conventions, whether or not signatories to this Protocol.
1. In the event that a High Contracting Party denounces this Protocol, the denunciation shall have effect only one year after receipt of the instrument of denunciation. If, however, at the end of this year the reporting Party is 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 denunciation shall be notified in writing to the depositary, who shall inform all High Contracting Parties of that notification.
(3) Denunciation shall have effect only in respect of the Party.
4. No denunciation notified under s. 1 shall not affect the obligations already incurred as a result of the armed conflict or the occupation under this Protocol by the Party for any act committed before the denunciation becomes effective.
The depositary shall inform the High Contracting Parties and the Parties to the Geneva Conventions whether or not they are signatories to this Protocol:
After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for the purposes of registration and publication, in accordance with art. 102 of the United Nations Charter 1 .
(2) The depositary shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations it may receive concerning this Protocol.
The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Depositary, who shall transmit certified copies to all Parties to the Conventions Geneva.
(Suivent signatures)
(art. 2, para. 2, and art. 3, para. 1, of the Protocol)
Incorporation under s. 3 |
States Parties |
Ratification Adhesions (A) |
Entry into force |
||
Albania |
February 6 |
2008 A |
August 6 |
2008 |
Germany |
17 June |
2009 |
17 December |
2009 |
Argentina * |
March 16 |
2011 |
16 September |
2011 |
Armenia |
August 12 |
2011 A |
12 February |
2012 |
Australia |
July 15 |
2009 |
15 January |
2010 |
Austria |
3 June |
2009 |
3 December |
2009 |
Belarus |
March 31 |
2011 A |
September 30 |
2011 |
Belgium |
12 May |
2015 |
12 November |
2015 |
Belize |
3 April |
2007 A |
3 October |
2007 |
Brazil |
August 28 |
2009 |
28 February |
2010 |
Bulgaria |
13 September |
2006 |
13 March |
2007 |
Canada * |
26 November |
2007 |
26 May |
2008 |
Chile |
July 6 |
2009 |
6 January |
2010 |
Cyprus |
27 November |
2007 |
27 May |
2008 |
Costa Rica |
30 June |
2008 |
December 30 |
2008 |
Croatia |
13 June |
2007 |
13 December |
2007 |
Denmark |
25 May |
2007 |
25 November |
2007 |
El Salvador |
12 September |
2007 |
12 March |
2008 |
Spain |
10 December |
2010 |
10 June |
2011 |
Estonia |
28 February |
2008 |
August 28 |
2008 |
United States * |
8 March |
2007 |
8 September |
2007 |
Fiji |
July 30 |
2008 A |
30 January |
2009 |
Finland |
14 January |
2009 |
July 14 |
2009 |
France |
17 July |
2009 |
17 January |
2010 |
Georgia |
19 March |
2007 |
19 September |
2007 |
Greece |
26 October |
2009 |
April 26 |
2010 |
Guatemala |
March 14 |
2008 |
September 14 |
2008 |
Guyana |
21 September |
2009 A |
21 March |
2010 |
Honduras |
8 December |
2006 |
8 June |
2007 |
Hungary |
15 November |
2006 |
15 May |
2007 |
Cook Islands |
7 September |
2011 A |
7 March |
2012 |
Iceland |
August 4 |
2006 |
4 February |
2007 |
Israel * |
22 November |
2007 |
22 May |
2008 |
Italy |
29 January |
2009 |
July 29 |
2009 |
Kazakhstan |
24 June |
2009 A |
24 December |
2009 |
Kenya |
28 October |
2013 |
28 April |
2014 |
Latvia |
2 April |
2007 |
2 October |
2007 |
Liechtenstein |
August 24 |
2006 |
24 February |
2007 |
Lithuania |
28 November |
2007 |
28 May |
2008 |
Luxembourg |
27 January |
2015 |
27 July |
2015 |
Macedonia |
14 October |
2008 |
April 14 |
2009 |
Mexico |
7 July |
2008 |
7 January |
2009 |
Moldova * |
19 August |
2008 |
19 February |
2009 |
Monaco |
12 March |
2007 |
12 September |
2007 |
Nauru |
4 December |
2012 |
4 June |
2013 |
Nicaragua |
2 April |
2009 |
2 October |
2009 |
Norway |
13 June |
2006 |
14 January |
2007 |
New Zealand |
23 October |
2013 |
April 23 |
2014 |
Uganda |
21 May |
2008 A |
21 November |
2008 |
Palestine |
4 January |
2015 A |
4 January |
2015 |
Panama |
April 30 |
2012 |
30 October |
2012 |
Paraguay |
13 October |
2008 |
13 April |
2009 |
Netherlands A |
13 December |
2006 |
13 June |
2007 |
Aruba |
13 December |
2006 |
13 June |
2007 |
Curaçao |
13 December |
2006 |
13 June |
2007 |
Caribbean (Bonaire, Sint Eustatius and Saba) |
13 December |
2006 |
13 June |
2007 |
Sint Maarten |
13 December |
2006 |
13 June |
2007 |
Philippines |
22 August |
2006 |
22 February |
2007 |
Poland |
26 October |
2009 |
April 26 |
2010 |
Portugal |
22 April |
2014 |
22 October |
2014 |
Dominican Republic |
1 Er April |
2009 |
1 Er October |
2009 |
Czech Republic |
23 May |
2007 |
23 November |
2007 |
Romania |
15 May |
2015 |
15 November |
2015 |
United Kingdom |
23 October |
2009 |
April 23 |
2010 |
Akrotiri and Dhekelia |
15 June |
2011 |
15 December |
2011 |
Anguilla |
15 June |
2011 |
15 December |
2011 |
Bermuda |
15 June |
2011 |
15 December |
2011 |
Guernsey |
15 June |
2011 |
15 December |
2011 |
South Georgia and South Sandwich Islands |
15 June |
2011 |
15 December |
2011 |
Isle of Man |
15 June |
2011 |
15 December |
2011 |
Cayman Islands |
15 June |
2011 |
15 December |
2011 |
Falkland Islands |
15 June |
2011 |
15 December |
2011 |
Pitcairn Islands (Ducie, Oeno, Henderson and Pitcairn) |
15 June |
2011 |
15 December |
2011 |
Turks and Caicos Islands |
15 June |
2011 |
15 December |
2011 |
British Virgin Islands |
15 June |
2011 |
15 December |
2011 |
Jersey |
7 January |
2013 |
7 July |
2013 |
Montserrat |
15 June |
2011 |
15 December |
2011 |
St. Helena and Dependencies (Ascension and Tristan da Cunha) |
15 June |
2011 |
15 December |
2011 |
British Antarctic Territory |
15 June |
2011 |
15 December |
2011 |
British Indian Ocean Territory |
15 June |
2011 |
15 December |
2011 |
San Marino |
22 June |
2007 |
22 December |
2007 |
Serbia |
August 18 |
2010 |
18 February |
2011 |
Singapore |
7 July |
2008 |
7 January |
2009 |
Slovakia |
30 May |
2007 |
30 November |
2007 |
Slovenia |
10 March |
2008 |
10 September |
2008 |
South Sudan |
25 January |
2013 A |
25 January |
2013 |
Sweden |
August 21 |
2014 |
21 February |
2015 |
Switzerland |
July 14 |
2006 |
14 January |
2007 |
Suriname |
25 June |
2013 A |
25 December |
2013 |
Timor-Leste |
July 29 |
2011 |
29 January |
2012 |
Ukraine |
19 January |
2010 |
19 July |
2010 |
Uruguay |
19 October |
2012 |
19 April |
2013 |
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1 Art. 1 al. 1 of the AF of 24 March 2006 ( RO 2007 185 )
2 RO 2007 196 3929, 2008 665, 2009 2547, 2010 29 3529, 2011 3681, 2012 3811, 2013 2095, 2014 2415, 2015 2507. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).