Geneva Conventions Act 1957 (c. 52)

Modifications etc. (not altering text)

C1 Scheds. 5, 6, inserted (20.7.1998) by 1995 c. 27, ss. 6, 7(2); S.I. 1998/1505, art. 2

SCHEDULES

[F1 FIFTH SCHEDULE U.K. PROTOCOL I

Textual Amendments

F1 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F2 PART III U.K. Methods and Means of Warfare Combatant and Prisoner-of-War Status

Textual Amendments

F2 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F3 SECTION I— U.K. METHODS AND MEANS OF WARFARE

Textual Amendments

F3 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F4 Article 35— U.K. Basic rules

Textual Amendments

F4 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F5 1 U.K. In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited.

Textual Amendments

F5 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F6 2 U.K. It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.

Textual Amendments

F6 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F7 3 U.K. It is prohibited to employ methods or means of warfare which are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment.

Textual Amendments

F7 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F8 Article 36— U.K. New weapons

Textual Amendments

F8 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.

F9 Article 37— U.K. Prohibition of perfidy

Textual Amendments

F9 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F10 1 U.K. It is prohibited to kill, injure or capture an adversary by resort to perfidy. Acts inviting the confidence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of international law applicable in armed conflict, with intent to betray that confidence, shall constitute perfidy. The following acts are examples of perfidy:

(a) the feigning of an intent to negotiate under a flag of truce or of a surrender;

(b) the feigning of an incapacitation by wounds or sickness;

(c) the feigning of civilian, non-combatant status; and

(d) the feigning of protected status by the use of signs, emblems or uniforms of the United Nations or of neutral or other States not Parties to the conflict.

Textual Amendments

F10 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F11 2 U.K. Ruses of war are not prohibited. Such ruses are acts which are intended to mislead an adversary or to induce him to act recklessly but which infringe no rule of international law applicable in armed conflict and which are not perfidious because they do not invite the confidence of an adversary with respect to protection under that law. The following are examples of such ruses: the use of camouflage, decoys, mock operations and misinformation.

Textual Amendments

F11 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F12 Article 38— U.K. Recognised emblems

Textual Amendments

F12 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F13 1 U.K. It is prohibited to make improper use of the distinctive emblem of the red cross, red crescent or red lion and sun or of other emblems, signs or signals provided for by the Conventions or by this Protocol. It is also prohibited to misuse deliberately in an armed conflict other internationally recognised protective emblems, signs or signals, including the flag of truce, and the protective emblem of cultural property.

Textual Amendments

F13 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F14 2 U.K. It is prohibited to make use of the distinctive emblem of the United Nations, except as authorised by that Organisation.

Textual Amendments

F14 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F15 Article 39— U.K. Emblems of nationality

Textual Amendments

F15 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F16 1 U.K. It is prohibited to make use in an armed conflict of the flags or military emblems, insignia or uniforms of neutral or other States not Parties to the conflict.

Textual Amendments

F16 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F17 2 U.K. It is prohibited to make use of the flags or military emblems, insignia or uniforms of adverse Parties while engaging in attacks or in order to shield, favour, protect or impede military operations.

Textual Amendments

F17 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F18 3 U.K. Nothing in this Article or in Article 37, paragraph 1(d), shall affect the existing generally recognised rules of international law applicable to espionage or to the use of flags in the conduct of armed conflict at sea.

Textual Amendments

F18 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F19 Article 40— U.K. Quarter

Textual Amendments

F19 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

It is prohibited to order that there shall be no survivors, to threaten an adversary therewith or to conduct hostilities on this basis.

F20 Article 41— U.K. Safeguard of an enemy hors de combat

Textual Amendments

F20 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F21 1 U.K. A person who is recognised or who, in the circumstances, should be recognised to be hors de combat shall not be made the object of attack.

Textual Amendments

F21 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F22 2 U.K. A person is hors de combat if:

(a) he is in the power of an adverse Party;

(b) he clearly expresses an intention to surrender; or

(c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable of defending himself;

provided that in any of these cases he abstains from any hostile act and does not attempt to escape.

Textual Amendments

F22 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F23 3 U.K. When persons entitled to protection as prisoners of war have fallen into the power of an adverse Party under unusual conditions of combat which prevent their evacuation as provided for in Part III, Section I, of the Third Convention, they shall be released and all feasible precautions shall be taken to ensure their safety.

Textual Amendments

F23 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F24 Article 42— U.K. Occupants of aircraft

Textual Amendments

F24 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F25 1 U.K. No person parachuting from an aircraft in distress shall be made the object of attack during his descent.

Textual Amendments

F25 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F26 2 U.K. Upon reaching the ground in territory controlled by an adverse Party, a person who has parachuted from an aircraft in distress shall be given an opportunity to surrender before being made the object of attack, unless it is apparent that he is engaging in a hostile act.

Textual Amendments

F26 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F27 3 U.K. Airborne troops are not protected by this Article.

Textual Amendments

F27 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F28 SECTION II— U.K. COMBATANT AND PRISONER-OF-WAR STATUS

Textual Amendments

F28 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F29 Article 43— U.K. Armed forces

Textual Amendments

F29 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F30 1 U.K. The armed forces of a Party to a conflict consist of all organised armed forces, groups and units which are under a command responsible to that Party for the conduct of its subordinates, even if that Party is represented by a government or an authority not recognised by an adverse Party. Such armed forces shall be subject to an internal disciplinary system which, inter alia , shall enforce compliance with the rules of international law applicable in armed conflict.

Textual Amendments

F30 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F31 2 U.K. Members of the armed forces of a Party to a conflict (other than medical personnel and chaplains covered by Article 33 of the Third Convention) are combatants, that is to say, they have the right to participate directly in hostilities.

Textual Amendments

F31 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F32 3 U.K. Whenever a Party to a conflict incorporates a paramilitary or armed law enforcement agency into its armed forces it shall so notify the other Parties to the conflict.

Textual Amendments

F32 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F33 Article 44— U.K. Combatants and prisoners of war

Textual Amendments

F33 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F34 1 U.K. Any combatant, as defined in Article 43, who falls into the power of an adverse Party shall be a prisoner of war.

Textual Amendments

F34 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F35 2 U.K. While all combatants are obliged to comply with the rules of international law applicable in armed conflict, violations of these rules shall not deprive a combatant of his right to be a combatant or, if he falls into the power of an adverse Party, of his right to be a prisoner of war, except as provided in paragraphs 3 and 4.

Textual Amendments

F35 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F36 3 U.K. In order to promote the protection of the civilian population from the effects of hostilities, combatants are obliged to distinguish themselves from the civilian population while they are engaged in an attack or in a military operation preparatory to an attack. Recognising, however, that there are situations in armed conflicts where, owing to the nature of the hostilities an armed combatant cannot so distinguish himself, he shall retain his status as a combatant, provided that, in such situations, he carries his arms openly:

(a) during each military engagement, and

(b) during such time as he is visible to the adversary while he is engaged in a military deployment preceding the launching of an attack in which he is to participate.

Acts which comply with the requirements of this paragraph shall not be considered as perfidious within the meaning of Article 37, paragraph 1(c).

Textual Amendments

F36 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F37 4 U.K. A combatant who falls into the power of an adverse Party while failing to meet the requirements set forth in the second sentence of paragraph 3 shall forfeit his right to be a prisoner of war, but he shall, nevertheless, be given protections equivalent in all respects to those accorded to prisoners of war by the Third Convention and by this Protocol. This protection includes protections equivalent to those accorded to prisoners of war by the Third Convention in the case where such a person is tried and punished for any offences he has committed.

Textual Amendments

F37 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F38 5 U.K. Any combatant who falls into the power of an adverse Party while not engaged in an attack or in a military operation preparatory to an attack shall not forfeit his rights to be a combatant and a prisoner of war by virtue of his prior activities.

Textual Amendments

F38 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F39 6 U.K. This Article is without prejudice to the right of any person to be a prisoner of war pursuant to Article 4 of the Third Convention.

Textual Amendments

F39 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F40 7 U.K. This Article is not intended to change the generally accepted practice of States with respect to the wearing of the uniform by combatants assigned to the regular, uniformed armed units of a Party to the conflict.

Textual Amendments

F40 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F41 8 U.K. In addition to the categories of persons mentioned in Article 13 of the First and Second Conventions, all members of the armed forces of a Party to the conflict, as defined in Article 43 of this Protocol, shall be entitled to protection under those Conventions if they are wounded or sick or, in the case of the Second Convention, shipwrecked at sea or in other waters.

Textual Amendments

F41 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F42 Article 45— U.K. Protection of persons who have taken part in hostilities

Textual Amendments

F42 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F43 1 U.K. A person who takes part in hostilities and falls into the power of an adverse Party shall be presumed to be a prisoner of war, and therefore shall be protected by the Third Convention, if he claims the status of prisoner of war, or if he appears to be entitled to such status, or if the Party on which he depends claims such status on his behalf by notification to the detaining Power or to the Protecting Power. Should any doubt arise as to whether any such person is entitled to the status of prisoner of war, he shall continue to have such status and, therefore, to be protected by the Third Convention and this Protocol until such time as his status has been determined by a competent tribunal.

Textual Amendments

F43 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F44 2 U.K. If a person who has fallen into the power of an adverse Party is not held as a prisoner of war and is to be tried by that Party for an offence arising out of the hostilities, he shall have the right to assert his entitlement to prisoner-of-war status before a judicial tribunal and to have that question adjudicated. Whenever possible under the applicable procedure, this adjudication shall occur before the trial for the offence. The representatives of the Protecting Power shall be entitled to attend the proceedings in which that question is adjudicated, unless, exceptionally, the proceedings are held in camera in the interest of State security. In such a case the detaining Power shall advise the Protecting Power accordingly.

Textual Amendments

F44 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F45 3 U.K. Any person who has taken part in hostilities, who is not entitled to prisoner-of-war status and who does not benefit from more favourable treatment in accordance with the Fourth Convention shall have the right at all times to the protection of Article 75 of this Protocol. In occupied territory, any such person, unless he is held as a spy, shall also be entitled, notwithstanding Article 5 of the Fourth Convention, to his rights of communication under that Convention.

Textual Amendments

F45 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F46 Article 46— U.K. Spies

Textual Amendments

F46 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F47 1 U.K. Notwithstanding any other provision of the Conventions or of this Protocol, any member of the armed forces of a Party to the conflict who falls into the power of an adverse Party while engaging in espionage shall not have the right to the status of prisoner of war and may be treated as a spy.

Textual Amendments

F47 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F48 2 U.K. A member of the armed forces of a Party to the conflict who, on behalf of that Party and in territory controlled by an adverse Party, gathers or attempts to gather information shall not be considered as engaging in espionage if, while so acting, he is in the uniform of his armed forces.

Textual Amendments

F48 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F49 3 U.K. A member of the armed forces of a Party to the conflict who is a resident of territory occupied by an adverse Party and who, on behalf of the Party on which he depends, gathers or attempts to gather information of military value within that territory shall not be considered as engaging in espionage unless he does so through an act of false pretences or deliberately in a clandestine manner. Moreover, such a resident shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured while engaging in espionage.

Textual Amendments

F49 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F50 4 U.K. A member of the armed forces of a Party to the conflict who is not a resident of territory occupied by an adverse Party and who has engaged in espionage in that territory shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured before he has rejoined the armed forces to which he belongs.

Textual Amendments

F50 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F51 Article 47— U.K. Mercenaries

Textual Amendments

F51 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F52 1 U.K. A mercenary shall not have the right to be a combatant or a prisoner of war.

Textual Amendments

F52 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2

F53 2 U.K. A mercenary is any person who:

(a) is specially recruited locally or abroad in order to fight in an armed conflict;

(b) does, in fact, take a direct part in the hostilities;

(c) is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party;

(d) is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict;

(e) is not a member of the armed forces of a Party to the conflict; and

(f) has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces.]

Textual Amendments

F53 Fifth and Sixth Schedules inserted (20.7.1998) by 1995 c. 27, s. 6, Sch.; S.I. 1998/1505, art. 2