Equipo Nizkor - Trininad and Tobago: The Geneva Conventions Act, 2008.

Arrangement of Sections

PART I
Preliminary

Section

1. Short title
2. Interpretation

PART II
Punishment of Offenders under the Conventions and Protocol I

3. Punishment of grave breaches of the Conventions and Protocol I
4. Attorney General's consent required for prosecution
5. Proof of application of the Conventions or Protocol I

PART III
Legal Proceedings in respect of Protected Persons

6. Notice of trial of protected persons to be served on protecting power
7. Appeals by protected prisoners of war and internees
8. Defence Act to apply

PART IV
Use of the Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms

9. Use of red cross, red crescent, and other emblems etc.
10. offences and penalties

PART V
General

11. Regulations
12. Saving
13. Repeals

Schedule 1–The Geneva Convention for the Amelioration of the Conditions of the Wounded and Sick in Armed Forces in the Field, done at Geneva on 12th August, 1949
Schedule 2–The Geneva Convention for the Amelioration of the Conditions of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, done at Geneva on 12th August, 1949
Schedule 3–The Geneva Convention relative to the treatment of Prisoners of War, done at Geneva on 12th August, 1949
Schedule 4–The Geneva Convention relative to the Protection of Civilian Person in Time of War, done at Geneva on 12th August, 1949
Schedule 5–The Protocol Additional to the Geneva Conventions of 12th August, 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), done at Geneva on 8th June, 1977
Schedule 6–The Protocol Additional to the Geneva Conventions of 12th August, 1949, and relating to the Protection of Victims of Non-international Armed Conflicts (Protocol II), done at Geneva on 8th June, 1977

First Session Ninth Parliament Republic of Trinidad and Tobago

REPUBLIC OF TRINIDAD AND TOBAGO
Act No. 25 of 2008

[L.S.]

An Act to enable effect to be given to certain Conventions done at Geneva on 12th August, 1949 and to the Protocols additional to those Conventions done at Geneva on 8th June, 1977 and for related purposes

[Assented to 15th December, 2008]

Enactment

Enacted by the Parliament of Trinidad and Tobago as follows:–

PART I
Preliminary

Short title

1. This Act may be cited as the Geneva Conventions Act, 2008.

Interpretation

2. In this Act–

"court" includes a court martial convened pursuant to the Defence Act (chap. 14:01);

"the Conventions" means the First Convention, the Second Convention, the Third Convention and the Fourth Convention;

"the First Convention" means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, adopted at Geneva on 12th August, 1949, a copy of which Convention (not including the annexes to that Convention) is set out in Schedule 1;

"the Second Convention" means the Geneva Convention for the Amelioration of the Conditions of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, adopted at Geneva on 12th August, 1949, a copy of which Convention (not including the annex to that Convention) is set out in Schedule 2;

"the Third Convention" means the Geneva Convention relative to the Treatment of Prisoners of War, adopted at Geneva on 12th August, 1949, a copy of which Convention (not including the annexes to that Convention) is set out in Schedule 3;

"the Fourth Convention" means the Geneva Convention relative to the Protection of Civilian Persons in Time of War, adopted at Geneva on 12th August, 1949, a copy of which Convention (not including the annexes to that Convention) is set out in Schedule 4;

"prisoners' representative", in relation to a particular protected prisoner of war at a particular time, means the person by whom the functions of prisoners' representative within the meaning of Article 79 of the Third Convention were exercisable in relation to that prisoner at the camp or place at which that prisoner was, at or last before that time, detained as a protected prisoner of war;

"protected internee" means a person protected by the Fourth Convention or Protocol I, and interned in Trinidad and Tobago;

"protected prisoner of war" means a person protected by the Third Convention or a person who is protected as a prisoner of war under Protocol I;

"the protecting power", in relation to a protected prisoner of war or a protected internee, means the power or organization 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 Third Convention, the Fourth Convention or Protocol I;

"Protocol I" means the Protocol Additional to the Geneva Conventions of 12th August, 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), done at Geneva on 8th June, 1977, a copy of which Protocol (including Annex 1 to that Protocol) is set out in Schedule 5.

PART II
Punishment of Offenders under the Conventions and Protocol I

Punishment of grave breaches of the Convention and Protocol I

3. (1) A person, whatever his nationality, who, in Trinidad and Tobago or elsewhere, commits or aids, abets or procures any other person to commit a grave breach of any of the Conventions or of Protocol I, commits an indictable offence and is liable on conviction to the penalty specified in subsection (2).

(2) The penalty for an offence under subsection (1) is–

(a) where the offence involves the wilful killing of a person protected by the relevant Convention or by Protocol I, the penalty for murder; and

(b) in any other case, imprisonment for life.

(3) For the purposes of this section–

(a) a grave breach of the First Convention is a breach of that Convention involving an act referred to in Article 50 of that Convention committed against persons or property protected by that Convention;

(b) a grave breach of the Second Convention is a breach of that Convention involving an act referred to in Article 51 of that Convention committed against persons or property protected by that Convention;

(c) a grave breach of the Third Convention is a breach of that Convention involving an act referred to in Article 130 of that Convention committed against persons or property protected by that Convention;

(d) a grave beach of the Fourth Convention is a breach of that Convention involving an act referred to in Article 147 of that Convention committed against persons or property protected by that Convention; and

(e) a grave breach of Protocol I is anything referred to as a grave breach of the Protocol in paragraph 4 of Article 11, or paragraph 2, 3 or 4 of Article 85, of the Protocol.

(4) In the case of an offence under this section committed outside Trinidad and Tobago, a person may be proceeded against, indicted, tried and punished in any place in Trinidad and Tobago as if the offence had been committed in Trinidad and Tobago.

(5) Nothing in this section limits or affects the operation of section 11 of the International Criminal Court Act, 2006.

Attorney General's consent required for prosecution

4. (1) Proceedings for an offence under section 3 may Attorney General's not be instituted in any court in Trinidad and Tobago without the consent of the Attorney General.

(2) Notwithstanding subsection (1), a person charged with an offence under section 3 may be arrested, or a warrant for his arrest may be issued and executed, and the person may be remanded in custody or granted bail, even though the consent of the Attorney General to the institution of proceedings for the offence has not been obtained, but no further proceedings can be taken until that consent has been obtained.

Proof of application of the Conventions or Protocol I

5. If, in proceedings under this Part in respect of a grave breach of any of the Conventions or of Protocol I, a question arises under–

(a) Article 2 or Article 3 of that Convention, which relate to the circumstances in which the Convention applies; or

(b) Article 1 or Article 3 of Protocol I, which relate to the circumstances in which that Protocol applies,

a certificate under the hand of the Minister with responsibility for foreign affairs certifying to any matter relevant to that question is prima facie evidence of the matter so certified.

PART III
Legal Proceedings in respect of Protected Persons

Notice of trial of protected persons to be served on protecting power

6. (1) The court before which–

(a) a protected prisoner of war is brought up for trial for an offence; or

(b) a protected internee is brought up for trial for an offence for which that court has power to sentence him to death or to imprisonment for a term of two years or more,

shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2), so far as they are known to the prosecutor, has been served not less than three weeks previously on the protecting power and, if the accused is a protected prisoner of war, on the accused and the prisoners' representative.

(2) The particulars referred to in subsection (1) are–

(a) the full name, date of birth and description of the accused, including his profession or trade; and where the accused is a protected prisoner of war, the accused's rank and his army, regimental, personal and serial number;

(b) the place of detention, internment or residence of the accused;

(d) the court before which the trial is to take place and the time and place appointed for the trial.

(3) For the purposes of this section, a document purporting–

(a) to be signed on behalf of the protecting power or by the prisoners' representative or by the person accused; and

(b) to be an acknowledgment of the receipt by that power, representative or person on a specified day of a notice described in the document as a notice under this section,

shall, unless the contrary is shown, be sufficient evidence that the notice required by subsection (1) was served on that power, representative or person on that day.

Appeals by protected prisonners of war and internees

7. (1) Where a protected prisoner of war or a protected internee has been sentenced by a court to death or to imprisonment for two years or more, the time allowed for an appeal or leave to appeal against the conviction or sentence runs from the day on which the protecting power was notified of the conviction and sentence by–

(a) an officer of the Defence Force, in the case of a protected prisoner of war; or

(b) the Minister with responsibility for foreign affairs, in the case of a protected internee.

(2) Notwithstanding this Act or any other written law, where a protected prisoner of war or a protected internee has been sentenced to death by a court, the sentence shall not be executed before the expiration of six months from the date on which the protecting power is given notice in writing by the appropriate person referred to in subsection (1).

(3) The notice referred to in subsection (2) shall contain–

(a) a precise wording of the finding and sentence;

(b) a summary of the preliminary enquiry; and

Defence Act to apply

8. (1) The provisions of the Defence Act relating to discipline apply to every prisoner of war who is alleged to have committed an offence under section 3 and those provisions are deemed to have applied to him at the time the alleged offence was committed.

(2) A prisoner of war referred to in subsection (1) is deemed for the purposes of discipline to be under the command of the commanding officer of the unit of Defence Force that is holding that prisoner in custody.

PART IV
Use of the red cross and other emblems, signs, signals, identity cards, insignia and uniforms

Use of the red cross, red crescenty and other emblems etc

9. (1) No person shall without the consent in writing of the Minister with responsibility for national security use or display for any purpose whatsoever–

(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";

(c) the following emblem in red on, and completely surrounded by, a white ground, that is to say, a lion passing 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, or the designation "Red Lion and Sun";

(d) the emblem 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;

(e) the sign of an equilateral blue triangle on, and completely surrounded by, an orange ground, being the international distinctive sign of civil defence;

(f) any of the distinctive signals specified in Chapter III or Annex 1 to Protocol I, being the signals of identification for medical units and transports;

(g) the sign consisting of a group of three bright orange circles of equal size, placed on the same axis, the distance between each circle being one radius, being the international special sign for works and installations containing dangerous forces;

(h) a design, wording or signal so nearly resembling any of the emblems designations, signs or signals specified in paragraph (a), (b), (c), (d), (e), (f) or (g) as to be capable of being mistaken for, or, as the case may be, understood as referring to, one of those emblems, designations, signs or signals;

(i) such other flags, emblems, designations, signs, signals, designs, wordings, identity cards, information cards, insignia or uniforms as are prescribed for the purpose of giving effect to the Conventions or Protocols.

(2) This section extends to the use in or outside of Trinidad and Tobago of an emblem, designation, sign, signal, design, wording, identity card, information card, insignia or uniform referred to in subsection (1) on any ship or aircraft registered in Trinidad and Tobago.

Offences and penalties

10. (1) Any person who contravenes section 9(1) commits and offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of six months or both.

(2) Where a court convicts a person of an offence under section 9(1), the court may order the forfeiture to the State of–

(a) any goods or other article or in connection with which an emblem, designation, sign, signal, design or wording was used by that person; and

(b) any identity cards, information cards, insignia or uniforms used in the commission of the offence.

(3) Where a body corporate commits an offence under section 9(1) with the consent or connivance of a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, the officer and the body corporate, are liable to be proceeded against and punished in accordance with subsection (1).

PART V
General

Regulations

11. The Minister with responsibility for national Regulations security may make regulations subject to negative resolution of Parliament–

(a) prescribing the form of flags, emblems, designations, signs, signals, designs, wordings, identity cards, information cards, insignia or uniforms for use for the purposes of giving effect to the Conventions or the Protocols or both, and regulating their use;

(b) respecting the provisions of the Third Convention set out in schedule 3 for the protection of prisoners of war; and

Saving

12. In the case of a trade mark registered before the saving passing of this Act, sections 9 and 10 do not apply by reason only of its consisting of or containing a sign specified in section 9(1)(b) or (c) or a design resembling such a sign, and where a person is charged with using such a sign or design for any purpose and it is proved that the person used it otherwise than as, or as part of, a trade mark so registered, it is a defence for the person to prove–

(a) that the person lawfully used that sign or design for that purpose before the passing of this Act; or

(b) in a case where the person is charged with using the sign or design upon goods or any other article, that the sign or design had been applied to the goods or that article before the person acquired it by some other person who had manufactured or dealt with it in the course of trade and lawfully used the sign or design upon similar goods or articles before the passing of this Act.

Repeals

13. The following enactments are repealed:

(a) the Geneva Conventions Acts, 1911, 1937 and 1957 (United Kingdom Acts), in so far as they have effect in Trinidad and Tobago (1 & 2 Geo. 5 c. 20 I Edw. 8 & I Geo. 6 c. 15 5 & 6 Eliz. 2 c. 52); and

(b) the Geneva Conventions (Supplementary Provisions) Act, 1960 (Cap, 8 (F. A.)).

SCHEDULE 1
Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. Geneva, 12 August 1949.

SCHEDULE 2
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea. Geneva, 12 August 1949

SCHEDULE 3
Convention (Ill) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949

SCHEDULE 4
Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.

SCHEDULE 5
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.

SCHEDULE 6
Protocol Additional to the Geneva Conventions of 12 August, 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977.

Passed in the Senate this 29th day of July, 2008.

Clerk of the Senate

Passed in the House of Representatives this 7th day of November, 2008.

Clerk of the House

[Source: Geneva Conventions Act, Chapter 12:09, Act No. 25 of 2008. By way of: Laws of Trinidad and Tobago, Ministry of the Attorney General and Legal Affairs, Government of the Republic of Trinidad and Tobago.]

Legislation
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15Dec08 - TTO

The Geneva Conventions Act, 2008

[Source: Geneva Conventions Act, Chapter 12:09, Act No. 25 of 2008. By way of: Laws of Trinidad and Tobago, Ministry of the Attorney General and Legal Affairs, Government of the Republic of Trinidad and Tobago.]