Equipo Nizkor - Cyprus: Law on the ratification of Additional Protocol I to the Geneva Conventions, 1979.

No. 43 of 1979

A LAW RATIFYING THE ADDITIONAL PROTOCOL (PROTOCOL I) TO THE GENEVA CONVENTIONS OF 12 AUGUST, 1949 AND PROVIDING FOR OTHER RELATED MATTERS.

The House of Representatives enacts as follows:

1. This Law may be cited as the Additional Protocol (Protocol I) Short title, to the Geneva Conventions (Ratification) Law of 1979.

2. In this Law, unless the context otherwise requires-

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

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

"Protocol" means the Additional Protocol (Protocol I) to the Geneva Conventions of 12 August, 1949, the context of which is set out in English in Part I of the Schedule and in Greek translation in Part II of the Schedule:

Provided that in case of contrast between the two contexts, the context set out in Part I of the Schedule shall prevail;

"Republic" means the Republic of Cyprus.

3. The Protocol, signed by the Republic in 12 July 1978,by virtue of the Decision of the Council of Ministers, No. 17.006 dated 20 June 1978, is ratified by this Law.

4.-(1) Any person who, in spite of nationality, commits in the Republic or outside the Republic any serious violation of the provisions of the Protocol, or takes part or assists or incites another person in the commission of such a violation, shall be guilty of an offence and in case of conviction-

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

(ii) in case of another serious violation as hereinabove mentioned, he shall be liable to the sentence of 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 relevant to the trial or punishment, the offence is considered being committed in this territory.

(3) If in judicial proceedings instituted under this Law a question has been raised regarding the circumstances under which in accordance with Article I paragraphs 3 and 4 of the Protocol, this shall be applied, the Minister decides on it; a document which includes any such decision signed by the Minister 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 judicial proceedings instituted under Article 4, the Criminal Procedure Law in force for the time being, concerning the trial of offences before the Assize Courts, shall be applied.

6. -(1) The use for any purpose of a distinctive emblem or signal which is used in the Republic, under the provisions of this Protocol, and 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(l) is 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. 1518, 12 May 1979. Unofficial translation provided by the International Committee of the Red Cross.]

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12May1979 - CYP

Law on the ratification of Additional Protocol I to the Geneva Conventions

[Source: Official Gazette of the Republic of Cyprus, No. 1518, 12 May 1979. Unofficial translation provided by the International Committee of the Red Cross.]