Contents

Part I--Preliminary                                                                                                                 1

1............ Short title [see Note 1] ....................................................................... 1

2............ Commencement [see Note 1] .............................................................. 1

5............ Interpretation ...................................................................................... 1

6............ Application of Act ............................................................................. 3

6A......... Application of the Criminal Code ...................................................... 3

Part III--Legal proceedings in respect of protected persons                        4

10A....... Court may determine whether person is a protected prisoner of war 4

11.......... Notice of trial of protected prisoners of war and internees to be served on protecting power etc.         4

12.......... Legal representation of prisoners of war ............................................ 5

13.......... Appeals by protected prisoners of war and internees ....................... 7

14.......... Reduction of sentence and custody of protected prisoners of war and internees    8

Part IV--Abuse of the Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms                                                                                                                                         9

15.......... Use of Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms    9

Part V--Regulations                                                                                                            12

16.......... Regulations ....................................................................................... 12

The Schedules                                                                                                                          13

Schedule 1--Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949                                                   13

Schedule 2--Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949                 36

Schedule 3--Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949     57

Schedule 4--Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949                                                                                                                  116

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)            175

Notes                                                                                                                                           251

Notes to the Geneva Conventions Act 1957

Note 1

The Geneva Conventions Act 1957 as shown in this compilation comprises Act No. 103, 1957 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 6 April 2001 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Geneva Conventions Act 1957	103, 1957	18 Dec 1957	1 Sept 1959 (see Gazette 1959, p. 3001)
Statute Law Revision (Decimal Currency) Act 1966	93, 1966	29 Oct 1966	1 Dec 1966		--
Statute Law Revision Act 1973	216, 1973	19 Dec 1973	31 Dec 1973		Ss. 9(1) and 10
Defence Force (Miscellaneous Provisions) Act 1982	153, 1982	31 Dec 1982	3 July 1985 (see s. 2 and Gazette 1985, No. S255)		--
Director of Public Prosecutions (Consequential Amendments)Act 1983	114, 1983	14 Dec 1983	Part IX (ss. 18, 19): 5 Mar 1984 (see Gazette 1984, No. S55) (a)		--
Geneva Conventions Amendment Act 1991	27, 1991	4 Mar 1991	28 Mar 1991 (see Gazette 1991, No. S81)		--
as amended by
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 3 (item 27): 4 Mar 1991 (b)		--
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001	24, 2001	6 Apr 2001	S. 4(1), (2) and Schedule 30: (c)		S. 4(1), (2) [see Table A]
International Criminal Court (Consequential Amendments) Act 2002	42, 2002	27 June 2002	Schedules 1-7: 26 Sept 2002 (see s. 2(1) (item 2) and Gazette 2002, No. GN38) Remainder: 28 June 2002		--
Defence Legislation (Miscellaneous Amendments) Act 2009	18, 2009	26 Mar 2009	Schedule 1 (items 3-12): [see Note 2]		--

(a)     The Geneva Conventions Act 1957 was amended by Part IX (sections 18 and 19) only of the Director of Public Prosecutions (Consequential Amendments) Act 1983, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act shall come into operation, or shall be deemed to have come into operation, as the case requires, on the day on which the Director of Public Prosecutions Act 1983 comes into operation.

(b)    The Geneva Conventions Amendment Act 1991 was amended by Schedule 3 (item 27) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:

                 (3)   Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.

(c)     The Geneva Conventions Act 1957 was amended by Schedule 30 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:

                 (1)   Subject to this section, this Act commences at the later of the following times:

                              (a)   immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;

         Item 15 commenced on 24 May 2001.

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted
Provision affected	How affected
Title......................................	am. No. 27, 1991
Part I
S. 2......................................	am. No. 27, 1991
Ss. 3, 4................................	rep. No. 216, 1973
S. 5......................................	am. No. 216, 1973; No. 153, 1982; No. 27, 1991
S. 6......................................	am. No. 216, 1973
S. 6A...................................	ad. No. 24, 2001
Heading to Part II.................	am. No. 27, 1991
	rep. No. 42, 2002
Part II...................................	rep. No. 42, 2002
S. 7......................................	am. No. 216, 1973; No. 153, 1982; No. 114, 1983; No. 27, 1991; No. 24, 2001
	rep. No. 42, 2002
S. 8......................................	am. No. 216, 1973
	rs. No. 27, 1991
	rep. No. 42, 2002
S. 9......................................	rep. No. 153, 1982
S. 10....................................	am. No. 216, 1973; No. 27, 1991
	rep. No. 42, 2002
Part III
S. 10A.................................	ad. No. 27, 1991
S. 11....................................	am. No. 27, 1991 (as am. by No. 43, 1996)
S. 12....................................	am. No. 27, 1991
S. 13....................................	am. No. 153, 1982; No. 27, 1991
S. 14....................................	am. No. 27, 1991
Part IV
Heading to Part IV...............	am. No. 27, 1991
S. 15....................................	am. No. 93, 1966; No. 27, 1991; No. 24, 2001
Part V
S. 16....................................	rs. No. 27, 1991
Schedules
Heading to First Schedule...	rep. No. 27, 1991
Heading to Schedule 1........	ad. No. 27, 1991
Heading to Second Schedule.........................	rep. No. 27, 1991
Heading to Schedule 2........	ad. No. 27, 1991
Heading to Third Schedule..	rep. No. 27, 1991
Heading to Schedule 3........	ad. No. 27, 1991
Heading to Fourth Schedule	rep. No. 27, 1991
Heading to Schedule 4........	ad. No. 27, 1991
Schedule 5..........................	ad. No. 27, 1991

Note 2

Defence Legislation (Miscellaneous Amendments) Act 2009 (No. 18, 2009)

The following amendments commence on Proclamation or one month after the day on which Protocol III to the Geneva Conventions enters into force for Australia, see subsection 2(1) (item 2):

Schedule 1

3  Subsection 5(1A)

Insert:

Protocol III means the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), done at Geneva on 8 December 2005, a copy of the English text of which is set out in Schedule 6.

4  Subsection 5(3)

After "Protocol I", insert "or Protocol III".

5  After paragraph 15(1)(c)

Insert:

                    (ca)  the emblem of a red frame in the shape of a square on edge on a white ground, or the designation "Red Crystal";

6  Paragraph 15(1)(e)

After "(c)", insert ", (ca)".

7  At the end of paragraph 15(1)(f)

Add "or Protocol III".

8  Subsection 15(5)

Omit "the day on which this Act received the Royal Assent" (first occurring), substitute "the day to which subsection (5A) applies".

9  Subsection 15(5)

Omit "paragraph (1)(b) or (c)", substitute "paragraph (1)(b), (c) or (ca)".

10  Paragraphs 15(5)(a) and (b)

Omit "the day on which this Act received the Royal Assent", substitute "the day to which subsection (5A) applies".

11  After subsection 15(5)

Insert:

          (5A)  For the purposes of subsection (5), this subsection applies to the following day:

                     (a)  to the extent that subsection (5) applies in relation to a trade mark consisting of or containing an emblem or designation specified in paragraph (1)(b) or (c) or a design or wording resembling such an emblem or designation--the day on which this Act received the Royal Assent;

                     (b)  to the extent that subsection (5) applies in relation to a trade mark consisting of or containing an emblem or designation specified in paragraph (1)(ca) or a design or wording resembling such an emblem or designation--the day on which Schedule 1 to the Defence Legislation (Miscellaneous Amendments) Act 2009 commenced.

12  At the end of the Act

Add:

Schedule 6-- Protocol Additional to the Geneva Conventions of 12 August 1949 , and relating to the Adoption of an Additional Distinctive Emblem (Protocol III)

Section 5

  

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,

 

(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:

 

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 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.

 

 

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.

 

 

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.

 

 

 

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

 

 

Note:       The emblems in the Annex to the Protocol are in red on a white ground.

As at 7 April 2009 the amendments are not incorporated in this compilation.

Table A

Application, saving or transitional provisions

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)

4  Application of amendments

             (1)  Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

             (2)  For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.