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18May1966 - CYP

A law to ratify certain international conventions concluded in Geneva in 12 August, 1949, enforce them and provide for other related matters.

No. 40 of 1966

A LAW TO RATIFY CERTAIN INTERNATIONAL CONVENTIONS CONCLUDED IN GENEVA IN 12 AUGUST,1949, ENFORCE THEM AND PROVIDE FOR OTHER RELATED MATTERS.

The House of Representatives enacts as follows:

1. This Law may be cited as the Geneva Conventions Ratification Law of 1966.

2. In this Law unless the context otherwise requires-

    "Council of Ministers" means the Council of Ministers of the Republic;

    "Geneva Conventions" means the International Conventions set out in the annexed Schedule;

    "Minister" means the Minister of Foreign Affairs of the Republic;

    "Republic" means the Republic of Cyprus.

3. The Geneva Conventions signed by the Minister in 3rd May, 1962, by virtue of the Council of Ministers' decision No. 1702 published in Annex Fourth of the Official Gazette of the Republic of 5th April 1962, under the second paragraph of Article 169 of the Constitution of the Republic, are hereby ratified in accordance with the provisions of the said paragraph of the article hereinabove.

4.-(1) Any person who, inspite of nationality, commits in the Republic or outside the Republic, any serious violation or takes of the part, or assists or incites another person in the commission of serious violations of the Geneva Conventions, from those mentioned in the following Articles of the relative Conventions, namely-

    (a) in Article 50 of the Convention set out in Part I of the of the Schedule;

    (b) in Article 51 of the Convention set out in Part II of the Schedule;

    (c) in Article 130 of the Convention set out in Part III of the Schedule;

    (d) in Article 147 of the Convention set out in Part IV of the Schedule;

shall be guilty of an offence and in case of conviction-

    (i) if the said serious violation is intentional homicide of a person protected by the relative Convention, he shall be liable to imprisonment for life;

    (ii) in case of another serious violation as mentioned hereinabove, he shall be liable to imprisonment for a term not exceeding fourteen years.

(2) In case an offence provided by this Article has been committed outside the Republic, a person may be persecuted, charged with the offence, be tried and punished anywhere within the territory of the Republic, as if the offence had been committed in this territory; for all purposes relative or relevant to the trial or punishment, the offence is considered being committed in this territory.

(3) If in judicial proceedings instituted under this Law regarding serious violation of any of the Geneva Conventions, a question has been raised by virtue of Article 2 of this Convention (concerning the circumstances under which the Convention shall be applied), the Minister decides on it; a document which includes any decision of the Minister signed by him or another person acting on his behalf shall be admitted as evidence, purporting to be signed in this manner, until the contrary is proved.

5. In any proceedings instituted under this Law, the provisions in force for the time being, concerning the procedure followed during the trial of offences before the Assize Courts will be applied.

6.-(1) The use for any purpose of the distinctive emblem which is used in the Republic under the provisions of the Geneva Conventions, without the Council of Ministers' permission, is prohibited.

(2) This permission shall be granted either in general or for a specific purpose and it shall be published in the Official Gazette of the Republic.

(3) Any person who violates the provisions of subsection (1) shall be guilty of an offence and in case of conviction he shall be liable to a fine not exceeding fifty pounds.

[Source: Official Gazette of the Republic of Cyprus, No. 510, 18 July 1966. Unofficial translation provided by the International Committee of the Red Cross.]

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This document has been published on 26Aug19 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.