Geneva Conventions Act 1957

7 Interpretation. U.K.

(1) In this Act the following expressions have the following meanings respectively, that is to say—

• F1 . . .

• “enactment” includes an enactment of the Parliament of Northern Ireland;

• “protected internee” means a person protected by the convention set out in the Fourth Schedule to this Act [F2 (including a person so protected by virtue of the first protocol)]and interned in the United Kingdom;

• “protected prisoner of war” means a person protected by the convention set out in the Third Schedule to this Act [F3 (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;]

• [F4 “ 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; ]

• “the protecting power”, in relation to a protected prisoner of war or a protected internee, means the power or organisation which is carrying out, in the interests of the power of which he is a national, or of whose forces he is, or was at any material time, a member, the duties assigned to protecting powers under the convention set out in the Third [F5 Schedule to this Act, the convention set out in the Fourth Schedule to this Act or the first protocol;]

• “the scheduled conventions” means the conventions set out in the Schedules to this Act.

• [F6 “ 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. ] [F7 ;

• “ the third protocol ” means the Protocol, additional to the Geneva Conventions of 12 August 1949, relating to the Adoption of an Additional Distinctive Emblem (Protocol III ) done on 8 December 2005, the text of which is set out in Schedule 7 ]

(2) Save where the context otherwise requires, references in this Act to any enactment shall be construed as references to that enactment as amended by or under any other enactment.

[F8 (3) If the ratification by the United Kingdom of the first protocol or the second protocol is subject to any reservation or accompanied by a declaration—

(a) Her Majesty may by Order in Council certify that such a reservation or declaration has been made and the terms in which it was made; and

(b) the protocol shall for the purposes of this Act be construed subject to and in accordance with any reservation or declaration so certified.

(4) If such a reservation or declaration is withdrawn (in whole or part), an Order in Council under the foregoing subsection may certify that fact and revoke or amend any Order in Council containing the terms of that reservation or declaration.

(5) If the first protocol is further revised under Article 98 of the protocol, Her Majesty may by Order in Council amend the Fifth Schedule to this Act so as to ensure that the Schedule sets out the text of the protocol as in force in relation to the United Kingdom.]

Textual Amendments

F1 Words in s. 7(1) repealed (1.9.2001) by 2001 c. 17, s. 83, Sch. 10 (with s. 78); S.I. 2001/2161, art. 2

F2 Words in s. 7 inserted (20.7.1998) by 1995 c. 27, s. 4(2); S.I. 1998/1505, art. 2

F3 Words in s. 7 inserted (20.7.1998) by 1995 c. 27, s. 4(3); S.I. 1998/1505, art. 2

F4 Definition in s. 7 inserted (20.7.1998) by 1995 c. 27, s. 4(4); S.I. 1998/1505, art. 2

F5 Words in s. 7 substituted (20.7.1998) by 1995 c. 27, s. 4(5); S.I. 1998/1505, art. 2

F6 Definition inserted (20.7.1998) by 1995 c. 27, ss. 4(6), 7(2); S.I. 1998/1505, art. 2

F7 Words in s. 7(1) added (5.4.2010) by Geneva Conventions and United Nations Personnel (Protocols) Act 2009 (c. 6), ss. 1(7), 3(1); S.I. 2009/2892, art. 2

F8 S. 7(3)-(5) inserted (20.7.1998) by 1995 c. 27, s. 4(7); S.I. 1998/1505, art. 2