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RS 0.518.523 Additional Protocol of 8 December 2005 to the Geneva Conventions of 12 August 1949 on the Adoption of an Additional Distinctive Sign (Protocol III) (with Annex)

Original Language Title: RS 0.518.523 Protocole additionnel du 8 décembre 2005 aux Conventions de Genève du 12 août 1949 relatif à l’adoption d’un signe distinctif additionnel (Protocole III) (avec annexe)

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0.518.523

Original text

Additional Protocol to the Geneva Conventions of 12 August 1949 concerning the Adoption of an Additional Distinctive Sign

(Protocol III)

Agreed at Geneva on 8 December 2005

Approved by the Federal Assembly on March 24, 2006 1

Instrument of ratification deposited by Switzerland on 14 July 2006

Entered into force for Switzerland on 14 January 2007

(State on 30 June 2015)

Preamble

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 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

Art. 1 Compliance and coverage of this Protocol

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.

Art. 2 Distinctive Signs

(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.

Art. 3 Indicative use of the emblem of the third Protocol

(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:

(a)
A distinctive sign recognized by the Geneva Conventions or a combination thereof; or
(b)
Another emblem which a High Contracting Party has effectively used and which has been communicated to the other High Contracting Parties and to the International Committee of the Red Cross through the depositary prior to the adoption of the Protocol.

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.

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 in order to facilitate their work, Use the distinctive sign referred to in s. 2 of this Protocol.

Art. 5 Missions under United Nations auspices

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.

Art. 6 Prevention and suppression of abuse

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.

Art. 7 Dissemination

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.

Art. 8 Signature

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.

Art. Ratification

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.

Art. 10 Accession

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.

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 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.

Art. 12 Conventional reports upon entry into force of this Protocol

(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.

Art. 13 Amendment

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.

Art. 14 Denunciation

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.

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)
The signatures to this Protocol and the instruments of ratification and accession deposited in accordance with Art. 8, 9 and 10;
(b)
Of the date on which this Protocol enters into force in accordance with Art. 11, within 10 days after entry into force;
(c)
Communications received pursuant to s. 13;
(d)
Denunciations notified in accordance with Art. 14.
Art. 16 Registration

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.


Art. 17 Authentic texts

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)

Annex

Emblem of the Third Protocol

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

Art. 1 Distinctive sign

Image

Art. 2 Indicative use of the emblem of the third Protocol

Image

Image

Incorporation under s. 3


Scope of application on 30 June 2015 2

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

Reservations and declarations are not published in the RO. The texts can be consulted at the website of the depository www.dfae.admin.ch/depositaire or obtained from the Directorate of International Public Law (DDIP), International Treaty Section, 3003 Berne.
A
For the Kingdom in Europe.

RO 2007 189 ; FF 2006 1889


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).


Status on June 30, 2015