Equipo Nizkor - Barbados: Geneva Conventions Act, 1980

Arrangement of Sections

Section

1. Short title
2. Conventions approved

Part I

Grave Breaches of Conventions

3. Grave breaches

Part II

Legal Proceedings in respect of Protected Persons

4. Definitions
5. Notice of trial
6. Appeal
7. Sentence of death
8. Application of Defence Act.

Part III

Related Matters

9. Use of red Cross, etc.
10. Certificate
11. Regulations
12. Repeal of 5 and 6 Eliz. 2, C.52.

FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE

I assent,
A. S. CATO
Acting Governor-General
12th September, 1980.

1980 – 40

An Act respecting the Geneva Conventions of 1949.

Commencement.

(22nd September, 1980)

ENACTED by the Parliament of Barbados as follows:

Citation

Short title

1. This Act may be cited as the Geneva Conventions Act, 1980.

Conventions approved

2. The Geneva Conventions for the protection of war victims done at Geneva on the 12th day of August, 1949 and set out in the Schedules are approved by the Parliament of Barbados.

Part I
Grave Breaches of the Conventions

Grave breaches

3. (1) A grave breach of any of the Geneva Conventions of 1949 that would, if committed in Barbados, be an offence under any law of Barbados, constitutes an offence under that law when committed outside Barbados.

(2) A person who commits a grave breach of any of the Geneva Conventions of 1949 described in subsection (1) may be tried and punished by any court in Barbados that has jurisdiction in respect of similar offences in Barbados as if the grave breach had been committed in Barbados.

(3) No proceedings in respect of a grave breach of any of the Geneva Conventions of 1949 shall be instituted in Barbados without the consent in writing of the Director of Public Prosecutions.

(4) In this section "grave breach of any of the Geneva Conventions of 1949" means any of the grave breaches referred to

(a) in article 50 of the Convention set out in the First Schedule;
(b) in article 51 of the Convention set out in the Second Schedule;
(c) in article 130 of the Convention set out in the Third Schedule; and
(d) in article 147 of the Convention set out in the Fourth Schedule.

Part II
Legal Proceedings in respect of Protected Persons

Definitions

4. In this Part

(a) "court" includes a court-martial convened pursuant to the Defence Act, 1979;
(b) "offence" means any act that is an offence under the law of Barbados or that is, by virtue of section 3, an offence under that law when committed outside Barbados;
(c) "prisoner's representative" in relation to a protected prisoner of war means the person elected or recognised as the prisoner's representative pursuant to Article 79 of the Convention set out in the Third Schedule;
(d) "protected internee" means a person interned in Barbados who is protected by the Convention set out in the
Fourth Schedule;
(e) "protecting power" means
(i) in relation to a protected prisoner of war, the country or organisation that is carrying out, in the interests of the country of which that prisoner is a national or of which forces he is or was a member at the time of his being taken
prisoner of war, the duties assigned to protecting powers under the Convention set out in the Third Schedule, and (ii) in relation to a protected internee, the country or organisation that is carrying out, in the interests of the country of which that internee is or was a national at the time of internment, the duties assigned to protecting powers
under the Convention set out in the Fourth Schedule;
(f) "protected prisoner of war" means a prisoner of war who is protected by the Convention set out in the Third
Schedule;

Notice of trial

5. (1) The court before which
(a) a protected prisoner of war is brought for trial for an offence, or
(b) a protected internee is brought for trial for an offence for which the court may sentence him to death or to imprisonment for two years or more,

May only proceed with the trial if it is proved to the satisfaction of the court that a written notice of the trial has been given to the accused and his protecting power, not less than three weeks before the commencement of the trial, and in the case of a protected prisoner of war, to his prisoner's representative.
(2) The notice referred to in subsection (1) must state
(a) the full name of the accused and a description of him, including the date of his birth, his profession or trade, and, if he is a protected prisoner of war, his rank and army, regimental, personal or serial number;
(b) the accused's place of detention, internment or residence;
(c) the offence with which the accused is charged;
(d) the court before which the trial of the accused is to take place and the time and place appointed for the trial.

Appeal

6. (1) Where a protected prisoner of war or a protected internee has been sentenced by a court to death or imprisonment for two years or more, the time allowed for an appeal or for leave to appeal, as the case may be, against the conviction or sentence runs from the day on which the protecting power was notified of the conviction and sentence.
(2) The Minister responsible for External Affairs shall notify the protecting power when a protected internee has been convicted and sentenced to a punishment described in subsection (1); and a prescribed officer of the Barbados Defence Force shall notify the protecting power when a protected prisoner of war has been convicted and sentenced to a punishment described in subsection (1).

Sentence of death

7. (1) Notwithstanding anything in this Act, or any other law, where a protected prisoner of war or a protected internee has been sentenced to death by y court, the sentence may only be carried out after the expiration of six months from the date on which the protecting power is given notice in writing by the appropriate person specified in section 6(2) of the sentence.
(2) The notice referred to in subsection (1) must contain
(a) a precise wording of the finding and sentence; (b) a summary of the preliminary inquiry; and
(c) a copy of any order denying the pardon or reprieve to the protected prisoner of war or protected internee, as the cas may be.

Application of Defence Act

8. (1) The provisions of the Defence Act, 1979 relating to discipline apply to every prisoner of war who is alleged to have committed an offence by virtue of section 3; and those provisions shall be deemed to have applied to him at the time the alleged offence was committed.
(2) A prisoner of war referred to in subsection (1) shall be deemed for the purposes of discipline to be under the command of the commanding officer of such unit of the Barbados Defence Force as is holding the prisoner in custody.

Part III
Related Matters

Use of Red Cross, etc.

9. (1) No person shall, without the authority of the Defence Board, use any of the following emblems or designations:
(a) the emblem of a red cross with vertical and horizontal arms of the same length on, and completely surrounded by, a white ground, or the designation "Red Cross" or "Geneva Cross";
(b) the emblem of a red crescent moon on, and completely surrounded by, a white ground or the designation "Red Crescent"; or
(c) the emblem of a red lion shown sideways as walking past from right to left of, and with its face turned towards, the observer, holding erect in its raised right forepaw a scimitar, with, appearing above the lion's back, the upper half of the sun shooting forth rays on, and completely surrounded by, a white ground, or the designation "Red Lion and Sun".
(2) No person shall, without the consent in writing of the Minister responsible for Consumer Affairs or a public officer authorised by the Minister, use
(a) any design that consists of a white or silver cross with vertical and horizontal arms of the same length on, and completely surrounded by, a red ground, being the heraldic emblem of the Swiss Confederation, or any other design that so nearly resembles the first mentioned design as to be capable of being mistaken for that emblem;
(b) any design or wording so nearly resembling any of the emblems or designations specified in subsection (1) as to be capable of being mistaken for, or, as the case may be, understood as referred to one of those emblems or designations.
(3) Any person who contravenes this section is guilty of an offence and liable on summary conviction to a fine of one thousand dollars or to imprisonment for six months or both.

Certificate

10. A certificate signed by the Minister responsible for External Affairs stating that on a date specified therein a state of war existed between the states named in the certificate is proof of the statements contained therein without proof of the office or signature.

Regulations

11. The Minister responsible for Defence may make regulations
(a) respecting prisoners of war held by the Barbados Defence Force;
(b) respecting the provisions set out in the Third Schedule for the protection of prisoners of war; and
(c) prescribing anything that is required to be prescribed by this Act.

Repeal of 5 & 6 Eliz. 2, C.52

The Geneva Conventions Acts, 1911, 1937 and 1957 (United Kingdom Acts), in so far as they have effect in Barbados are repealed.

[Source: Supplement to Official Gazette, 22 September 1980. By way of the International Humanitarian Law (IHL) National Implementation Data Base of the International Committee of the Red Cross]

22Sep80 - BRB

Geneva Conventions Act, 1980 – 40

[Source: Supplement to Official Gazette, 22 September 1980. By way of the International Humanitarian Law (IHL) National Implementation Data Base of the International Committee of the Red Cross]

Legislation
Bookshop \| Donate Derechos \| Equipo Nizkor