Geneva Conventions (Amendment) Act 1995
Section 1 (grave breaches of scheduled conventions) of the Geneva Conventions Act 1957 (in this Act referred to as “the 1957 Act”) shall be amended as follows.
In subsection (1) for the words from “any such” to “aforesaid” (in the second place it appears) there shall be substituted the wordsa grave breach of any of the scheduled conventions or the first protocol shall be guilty of an offence and on conviction on indictment— .
After subsection (1) there shall be inserted the following subsection—
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for the words from the beginning to “jurisdiction” there shall be substituted the words “In Scotland, the sheriff shall have no jurisdiction”; and
for the words “Attorney General” there shall be substituted the words “Director of Public Prosecutions”.
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Section 6 of the 1957 Act shall be amended as follows.
In subsection (1)—
for the words “Army Council” there shall be substituted the words “ Secretary of State ”; and
after paragraph (c) there shall be inserted the following paragraphs—
In subsection (2)—
for the words “Board of Trade” there shall be substituted the words “ Secretary of State ”; and
after paragraph (b) there shall be inserted the following paragraphs—
In subsection (3)—
for the words “level 3” there shall be substituted the words “ level 5 ”;
after the words “goods” there shall be inserted the words “ or other article ”; and
after the word “designation,” there shall be inserted the words “ sign, signal, ”.
After subsection (4) there shall be inserted the following subsection—
In subsection (6)—
for the words “design or wording” there shall be substituted the words “ design, wording, sign or signal ”; and
for the words from “any British” to the end there shall be substituted the words—
In subsection (7)—
after the word “proceedings” there shall be inserted the words “ for an offence ”; and
for the words “Attorney General” there shall be substituted the words “ Director of Public Prosecutions ”.
After section 6 of the 1957 Act there shall be inserted the following section—
Section 7 of the 1957 Act shall be amended as follows.
In the definition of “protected internee”, after the word “Act” there shall be inserted the words “ (including a person so protected by virtue of the first protocol) ”.
In the definition of “protected prisoner of war”, at the end, there shall be inserted the words “ (including a person protected as a prisoner of war under the first protocol) or a person entitled under the first protocol to the same protection as a prisoner of war; ”.
“the first protocol” means the Protocol, additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of International Armed Conflicts (Protocol I) done on 10 June 1977, the text of which is set out in the Fifth Schedule to this Act;
In the definition of “the protecting power”, for the words from “or, as” to the end there shall be substituted the words “ Schedule to this Act, the convention set out in the Fourth Schedule to this Act or the first protocol; ”.
“the second protocol” means the Protocol, additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) done on 10 June 1977, the text of which is set out in the Sixth Schedule to this Act.
After subsection (2) there shall be inserted the following subsections—
The following provisions of the 1957 Act are hereby repealed, namely—
in section 6—
in subsection (1), the words “emblems or designations”; and
subsection (9) (which is spent); and
in section 8(2), paragraphs (d) and (e) (which are obsolete).
The provisions set out in the Schedule to this Act shall be inserted after the Fourth Schedule to the 1957 Act as the Fifth and Sixth Schedules to that Act.
This Act may be cited as the Geneva Conventions (Amendment) Act 1995.
This Act shall come into force on such day as Her Majesty may by Order in Council appoint.
This Act extends to Northern Ireland.
Section 8(2) of the 1957 Act (power to extend provisions to the Channel Islands, Isle of Man and colonies) shall apply in relation to the provisions of this Act as if they were contained in that Act.
Section 6.