PROTOKOL TAMBAHAN III

Protocol additional
to the Geneva Conventions of 12 August 1949,
and relating to the Adoption
of an Additional Distinctive Emblem
(Protocol III)
Geneva, 8 December 2005
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Protocol additional to the Geneva Conventions of 12 August 1949,
and relating to the Adoption of an Additional Distinctive Emblem
(Protocol III)
Preamble
The High Contracting Parties,
(PP1) Reaffirming the provisions of the Geneva Conventions of 12 August 1949
(in particular Articles 26, 38, 42 and 44 of the First Geneva Convention) and,
where applicable, their Additional Protocols of 8 June 1977 (in particular Articles
18 and 38 of Additional Protocol I and Article 12 of Additional Protocol II),
concerning the use of distinctive emblems,
(PP2) Desiring to supplement the aforementioned provisions so as to enhance their
protective value and universal character,
(PP3) Noting that this Protocol is without prejudice to the recognized right of High
Contracting Parties to continue to use the emblems they are using in conformity
with their obligations under the Geneva Conventions and, where applicable, the
Protocols additional thereto,
(PP4) Recalling that the obligation to respect persons and objects protected by the
Geneva Conventions and the Protocols additional thereto derives from their
protected status under international law and is not dependent on use of the
distinctive emblems, signs or signals,
(PP5) Stressing that the distinctive emblems are not intended to have any religious,
ethnic, racial, regional or political significance,
(PP6) Emphasizing the importance of ensuring full respect for the obligations
relating to the distinctive emblems recognized in the Geneva Conventions, and,
where applicable, the Protocols additional thereto,
(PP7) Recalling that Article 44 of the First Geneva Convention makes the
distinction between the protective use and the indicative use of the distinctive
emblems,
(PP8) Recalling further that National Societies undertaking activities on the
territory of another State must ensure that the emblems they intend to use within
the framework of such activities may be used in the country where the activity takes
place and in the country or countries of transit,
(PP9) Recognizing the difficulties that certain States and National Societies may
have with the use of the existing distinctive emblems,
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(PP10) Noting the determination of the International Committee of the Red Cross,
the International Federation of Red Cross and Red Crescent Societies and the
International Red Cross and Red Crescent Movement to retain their current names
and emblems,
Have agreed on the following:
Article 1 - Respect for and scope of application of this Protocol
1. The High Contracting Parties undertake to respect and to ensure respect for this
Protocol in all circumstances.
2. This Protocol reaffirms and supplements the provisions of the four Geneva
Conventions of 12 August 1949 ("the Geneva Conventions") and, where applicable,
of their two Additional Protocols of 8 June 1977 ("the 1977 Additional Protocols")
relating to the distinctive emblems, namely the red cross, the red crescent and the
red lion and sun, and shall apply in the same situations as those referred to in these
provisions.
Article 2 - Distinctive emblems
1. This Protocol recognizes an additional distinctive emblem in addition to, and for the
same purposes as, the distinctive emblems of the Geneva Conventions. The
distinctive emblems shall enjoy equal status.
2. This additional distinctive emblem, composed of a red frame in the shape of a
square on edge on a white ground, shall conform to the illustration in the Annex to
this Protocol. This distinctive emblem is referred to in this Protocol as the "third
Protocol emblem".
3. The conditions for use of and respect for the third Protocol emblem are identical to
those for the distinctive emblems established by the Geneva Conventions and,
where applicable, the 1977 Additional Protocols.
4. The medical services and religious personnel of armed forces of High Contracting
Parties may, without prejudice to their current emblems, make temporary use of any
distinctive emblem referred to in paragraph 1 of this Article where this may enhance
protection.
Article 3 - Indicative use of the third Protocol emblem
1. National Societies of those High Contracting Parties which decide to use the third
Protocol emblem may, in using the emblem in conformity with relevant national
legislation, choose to incorporate within it, for indicative purposes:
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a) a distinctive emblem recognized by the Geneva Conventions or a combination of
these emblems; or
b) another emblem which has been in effective use by a High Contracting Party and
was the subject of a communication to the other High Contracting Parties and the
International Committee of the Red Cross through the depositary prior to the
adoption of this Protocol.
Incorporation shall conform to the illustration in the Annex to this Protocol.
2. A National Society which chooses to incorporate within the third Protocol emblem
another emblem in accordance with paragraph 1 above, may, in conformity with
national legislation, use the designation of that emblem and display it within its
national territory.
3. National Societies may, in accordance with national legislation and in exceptional
circumstances and to facilitate their work, make temporary use of the distinctive
emblem referred to in Article 2 of this Protocol.
4. This Article does not affect the legal status of the distinctive emblems recognized in
the Geneva Conventions and in this Protocol, nor does it affect the legal status of
any particular emblem when incorporated for indicative purposes in accordance
with paragraph 1 of this Article.
Article 4 - International Committee of the Red Cross and International
Federation of Red Cross and Red Crescent Societies
The International Committee of the Red Cross and the International Federation of
Red Cross and Red Crescent Societies, and their duly authorized personnel, may
use, in exceptional circumstances and to facilitate their work, the distinctive
emblem referred to in Article 2 of this Protocol.
Article 5 - Missions under United Nations auspices
The medical services and religious personnel participating in operations under the
auspices of the United Nations may, with the agreement of participating States, use
one of the distinctive emblems mentioned in Articles 1 and 2.
Article 6 - Prevention and repression of misuse
1. The provisions of the Geneva Conventions and, where applicable, the 1977
Additional Protocols, governing prevention and repression of misuse of the
distinctive emblems shall apply equally to the third Protocol emblem. In particular,
the High Contracting Parties shall take measures necessary for the prevention and
repression, at all times, of any misuse of the distinctive emblems mentioned in
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Articles 1 and 2 and their designations, including the perfidious use and the use of
any sign or designation constituting an imitation thereof.
2. Notwithstanding paragraph 1 above, High Contracting Parties may permit prior
users of the third Protocol emblem, or of any sign constituting an imitation thereof,
to continue such use, provided that the said use shall not be such as would appear,
in time of armed conflict, to confer the protection of the Geneva Conventions and,
where applicable, the 1977 Additional Protocols, and provided that the rights to
such use were acquired before the adoption of this Protocol.
Article 7 - Dissemination
The High Contracting Parties undertake, in time of peace as in time of armed
conflict, to disseminate this Protocol as widely as possible in their respective
countries and, in particular, to include the study thereof in their programmes of
military instruction and to encourage the study thereof by the civilian population, so
that this instrument may become known to the armed forces and to the civilian
population.
Article 8 - Signature
This Protocol shall be open for signature by the Parties to the Geneva Conventions
on the day of its adoption and will remain open for a period of twelve months.
Article 9 - Ratification
This Protocol shall be ratified as soon as possible. The instruments of ratification
shall be deposited with the Swiss Federal Council, depositary of the Geneva
Conventions and the 1977 Additional Protocols.
Article 10 - Accession
This Protocol shall be open for accession by any Party to the Geneva Conventions
which has not signed it. The instruments of accession shall be deposited with the
depositary.
Article 11 - Entry into force
1. This Protocol shall enter into force six months after two instruments of ratification
or accession have been deposited.
2. For each Party to the Geneva Conventions thereafter ratifying or acceding to this
Protocol, it shall enter into force six months after the deposit by such Party of its
instrument of ratification or accession.
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Article 12 - Treaty relations upon entry into force of this Protocol
1. When the Parties to the Geneva Conventions are also Parties to this Protocol, the
Conventions shall apply as supplemented by this Protocol.
2. When one of the Parties to the conflict is not bound by this Protocol, the Parties to
the Protocol shall remain bound by it in their mutual relations. They shall
furthermore be bound by this Protocol in relation to each of the Parties which are
not bound by it, if the latter accepts and applies the provisions thereof.
Article 13 - Amendment
1. Any High Contracting Party may propose amendments to this Protocol. The text of
any proposed amendment shall be communicated to the depositary, which shall
decide, after consultation with all the High Contracting Parties, the International
Committee of the Red Cross and the International Federation of Red Cross and Red
Crescent Societies, whether a conference should be convened to consider the
proposed amendment.
2. The depositary shall invite to that conference all the High Contracting Parties as
well as the Parties to the Geneva Conventions, whether or not they are signatories
of this Protocol.
Article 14 - Denunciation
1. In case a High Contracting Party should denounce this Protocol, the denunciation
shall only take effect one year after receipt of the instrument of denunciation. If,
however, on the expiry of that year the denouncing Party is engaged in a situation
of armed conflict or occupation, the denunciation shall not take effect before the
end of the armed conflict or occupation.
2. The denunciation shall be notified in writing to the depositary, which shall transmit
it to all the High Contracting Parties.
3. The denunciation shall have effect only in respect of the denouncing Party.
4. Any denunciation under paragraph 1 shall not affect the obligations already
incurred, by reason of the armed conflict or occupation, under this Protocol by such
denouncing Party in respect of any act committed before this denunciation becomes
effective.
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Article 15 - Notifications
The depositary shall inform the High Contracting Parties as well as the Parties to
the Geneva Conventions, whether or not they are signatories of this Protocol, of:
a) signatures affixed to this Protocol and the deposit of instruments of ratification and
accession under Articles 8, 9 and 10;
b) the date of entry into force of this Protocol under Article 11 within ten days of said
entry into force;
c) communications received under Article 13;
d) denunciations under Article 14.
Article 16 - Registration
1. After its entry into force, this Protocol shall be transmitted by the depositary to the
Secretariat of the United Nations for registration and publication, in accordance
with Article 102 of the Charter of the United Nations.
2. The depositary shall also inform the Secretariat of the United Nations of all
ratifications, accessions and denunciations received by it with respect to this
Protocol.
Article 17 - Authentic texts
The original of this Protocol, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the
depositary, which shall transmit certified true copies thereof to all the Parties to the
Geneva Conventions.
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ANNEX
THIRD PROTOCOL EMBLEM
(Article 2, paragraph 2 and Article 3, paragraph 1 of the Protocol)
Article 1 - Distinctive emblem
Article 2 - Indicative use of the third Protocol emblem
Incorporation in
accordance with Art. 3