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Geneva Conventions Act 1975

Chapter 84.

Geneva Conventions Act 1975.
Certified on: / /20 .


INDEPENDENT STATE OF PAPUA NEW GUINEA.


Chapter 84.

Geneva Conventions Act 1975.

ARRANGEMENT OF SECTIONS.

INDEPENDENT STATE OF PAPUA NEW GUINEA.


AN ACT

entitled

Geneva Conventions Act 1975,

Being an Act to give effect in Papua New Guinea, as far as possible, to the Geneva Conventions of 12 August 1949.

PART I. – PRELIMINARY.

  1. PURPOSES OF THIS ACT.

The purposes of this Act are–

(a) to allow Papua New Guinea to become, in due course and when its status in international law permits, a party to certain Conventions (“the Geneva Conventions”) relating to–

(i) the amelioration of the conditions of the wounded and sick in armed forces in the field; and

(ii) the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea; and

(iii) the treatment of prisoners of war; and

(iv) the protection of civilian persons in time of war; and

(b) in the meantime, so far as it is within the competence of Papua New Guinea, to ensure that effect is given to the Geneva Conventions in the same way and to the same extent as if Papua New Guinea were a party to those Conventions.

  1. EXTRA-TERRITORIALITY.

This Act applies within and outside Papua New Guinea.

  1. ACT BINDS THE STATE.

This Act binds the State.

  1. SAVING OF OTHER RIGHTS.

Except where the contrary intention expressly appears, the rights and protections given to a person by this Act are in addition to and not in derogation of his rights under any other law.

  1. INTERPRETATION.

In this Act, unless the contrary intention appears–

“protected internee” means a person protected by the Fourth Geneva Convention and interned in Papua New Guinea;

“protected prisoner of war” means a person protected by the Third Geneva Convention;

“the First Geneva 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 12 August 1949, a copy of which is set out in Schedule 1;

“the Fourth Geneva Convention” means the Geneva Convention relative to the Protection of Civilian persons in Time of War, adopted at Geneva on 12 August 1949, a copy of which is set out in Schedule 4;

“the Geneva Conventions” means the First Geneva Convention, the Second Geneva Convention, the Third Geneva Convention and the Fourth Geneva Convention;

“the protecting power”, in relation to a protected prisoner of war or a protected internee, means the power or organization that 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 Geneva Convention or the Fourth Geneva Convention, as the case may be;

“the regulations” means any regulations made under this Act;

“the Second Geneva Convention” means the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, adopted at Geneva on 12 August 1949, a copy of which is set out in Schedule 2;

“the Third Geneva Convention” means the Geneva Convention relative to the Treatment of Prisoners of War, adopted at Geneva on 12 August 1949, a copy of which is set out in Schedule 3;

“this Act” includes the regulations.

PART II. – APPLICATION OF CONVENTIONS.

  1. APPLICATION OF GENEVA CONVENTIONS.

Subject to this Act and to any other law, effect shall be given to the Geneva Conventions.

PART III. – PUNISHMENT OF OFFENDERS AGAINST THE GENEVA CONVENTIONS.

  1. PUNISHMENT OF GRAVE OFFENCES AGAINST THE GENEVA CONVENTIONS.

(1) For the purposes of this section–

(a) a grave breach of the First Geneva 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; and

(b) a grave breach of the Second Geneva 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; and

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

(d) a grave breach of the Fourth Geneva 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.

(2) A person who, in Papua New Guinea or elsewhere, commits a grave breach of any of the Geneva Conventions is guilty of an offence.

(3) This section applies to persons regardless of their nationality or citizenship.

(4) The punishment for an offence against Subsection (2) is–

(a) where the offence involves the wilful killing of a person protected by the relevant Convention–death; and

(b) in any other case–imprisonment for a term not exceeding 14 years.

  1. PROOF OF APPLICATION OF CONVENTIONS.

Where in proceedings under this Part a question arises under Article 2 of any of the Conventions (which relates to the circumstances in which the respective Convention applies), a certificate under the hand of the Minister certifying as to any matter relevant to that question is evidence of that matter.

PART IV. – LEGAL PROCEEDINGS IN RESPECT OF PROTECTED PERSONS.

  1. NOTICE OF TRIAL TO PROTECTING POWER.

(1) In this section, “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 Geneva Convention were excisable in relation to the prisoner of war at the camp or place at which he was, at or last before that time, detained as a protected prisoner of war.

(2) The court before which–

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

(b) a protected internee is brought up for trial for an offence for which the court has power to sentence him to death or to imprisonment for a period of not less than two years,

shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars set out in Subsection (3), so far as they are known to the prosecution, have been served not less than three weeks previously on the accused and on the protecting power (if any), and if the accused is a protected prisoner of war, on the prisoners’ representative.

(3) The particulars referred to in Subsection (2) are–

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

(b) his place of detention, internment or residence; and

(c) the offence with which he is charged; and

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

(4) For the purposes of this subsection, a document purporting–

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

(b) to make an acknowledgement of the receipt by that power, or by the prisoners’ representative, or by the accused, as the case may be, on a specified day of a notice described in the document as a notice under this section,

is prima facie evidence that the notice required by Subsection (1) was served on the protecting power, the prisoners’ representative or the accused, as the case may be, on that day.

(5) Notwithstanding any other law, a court that adjourns a trial for the purpose of allowing the requirements of this section to be complied with may remand the accused for the period of the adjournment.

  1. APPEALS BY PROTECTED PRISONERS OF WAR AND PROTECTED INTERNEES.

(1) Where a protected prisoner of war or a protected internee has been sentenced by a court to death or to imprisonment for a term of not less than two years, any time allowed in relation to the institution of an appeal against the conviction or sentence continues to run until the day on which the convicted person receives a notice given–

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

(b) in the case of a protected internee–by or on behalf of the person in charge of the place at which he is confined,

that the protecting power has been notified of his conviction and sentence, and for such further time as would have been within the time allowed if the conviction or sentence had taken place or been pronounced on that day.

(2) Where after an appeal has been determined against the conviction or sentence by a court of a protected prisoner of war or protected internee, the sentence is a sentence of death or of imprisonment for a term of not less than two years, any time allowed in relation to a further appeal in respect of the conviction or sentence as confirmed or varied on the previous appeal continues to run until the day on which the convicted person is given a notice by a person referred to in Subsection (1)(a) or (b), as the case requires, that the protecting power has been notified of the decision on the appeal, and for such further time as would have been within the time allowed if the decision had been given on that day.

(3) Unless the court otherwise orders, where Subsection (1) applies in relation to a convicted person–

(a) no order of a court relating to the restitution of property or the payment of compensation to an aggrieved person takes effect; and

(b) no provision of any law relating to the revesting of property on a conviction takes effect in relation to the conviction,

while an appeal by the convicted person against his conviction or sentence is possible without an extension of time, other than the extension specified in Subsection (2).

(4) This section does not apply if there is no protecting power at the relevant time.

  1. REDUCTION OF SENTENCE AND CUSTODY.

(1) Where a protected prisoner of war or protected internee is convicted of an offence, the court–

(a) in fixing a term of imprisonment in respect of the offence, shall deduct from the term that it otherwise would have fixed any period before the trial during which the convicted person has been in custody in connection with the offence; and

(b) in fixing any penalty other than imprisonment in respect of the offence, shall take that period of custody into account.

(2) Where the Minister is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with the offence, while awaiting trial, in a place other than a camp or place in which protected prisoners of war are detained for an aggregate period of not less than three months, the Minister may direct that the prisoner–

(a) be transferred from that custody to the custody of an officer of the Defence Force; and

(b) remain in military custody at a camp or place in which protected prisoners of war are detained; and

(c) be brought before the court at the time appointed for his trial.

(3) Notwithstanding any other law, a direction under Subsection (2) takes effect according to its tenor.

PART V. – LEGAL REPRESENTATION OF CERTAIN PERSONS.

  1. LEGAL REPRESENTATION.

(1) In this section, “the accused” means–

(a) a protected prisoner of war charged with an offence; or

(b) any person charged with an offence against Section 7.

(2) The court before which the accused is brought up for trial shall not proceed with the trial unless–

(a) the accused is represented by a lawyer; and

(b) it is proved to the satisfaction of the court that a period of not less than 21 days has elapsed since instructions for the representation of the accused at the trial were first given to the lawyer.

(3) Without prejudice to the requirements of Subsection (2)(b), if the accused is a protected prisoner of war, in the absence of a lawyer accepted by the accused as representing him, a lawyer instructed for the purpose on behalf of the protecting power shall be taken to represent the accused.

(4) If the court adjourns the trial because the accused is not represented by a lawyer, it shall direct that a lawyer be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any further proceedings in the absence of a lawyer representing the accused in accordance with Subsection (2)(a) or (3), the lawyer assigned under this subsection shall be taken to represent the accused, but without prejudice to the requirements of Subsection (2)(b) for which purpose the date of assignment of the lawyer shall be taken to be the day on which instructions to represent the accused at the trial were first given to him.

(5) A lawyer shall be assigned under Subsection (4) in accordance with the regulations or, in the absence of provision in the regulations, as the court directs, and the fees and costs of the lawyer so assigned shall be paid by the State.

PART VI. – ABUSE OF THE RED CROSS AND OTHER EMBLEMS.

  1. USE OF RED CROSS AND SIMILAR EMBLEMS.

(1) Subject to Section 14, a person who, without the consent of the Minister, uses for any purpose any of the emblems, designations, designs or wordings set out in Subsection (2) is guilty of an offence.

Penalty: A fine not exceeding K100.00.

(2) The emblems, designations, designs and wordings to which Subsection (1) applies are–

(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”; and

(b) the emblem of a red crescent on, and completely surrounded by, a white ground, or the designation “Red Crescent”; and

(c) the following symbol in red on, and completely surrounded by, a white ground–

“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 back, the upper part of the sun shooting forth rays,”

or the designation “Red Lion and Sun”; and

(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; or

(e) a design or wording so nearly resembling any of the emblems or designations set out in this subsection as to be capable of being mistaken for, or understood as referring to, any of those emblems.

(3) Proceedings for an offence against Subsection (1) shall not be instituted without the written consent of the Public Prosecutor.

(4) A consent under Subsection (1) shall not be refused or withdrawn, and a consent under Subsection (3) shall not be given except for the purpose of giving effect to the Geneva Conventions.

(5) Where a person is convicted of an offence against Subsection (1), the court, in addition to or in place of any other penalty, may order the forfeiture to the State of any goods on or in connection with which the emblem, designation, design or wording was used by that person.

(6) This section extends to the use within or outside Papua New Guinea of an emblem, designation, design or wording set out in Subsection (2) on any Papua New Guinea ship or aircraft.

  1. SAVING OF CERTAIN USES.

A consent under or deemed to be under Section 15 of the Geneva Conventions Act 1957 of Australia and in effect immediately before 16 September 1975 is deemed to be a consent under Section 13(1).

PART VII. – MISCELLANEOUS.

  1. REGULATIONS.

(1) The Head of State, acting on advice, may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) The regulations may apply or provide for the application, with any necessary modifications, of any provisions relating to the discipline of members of the Defence Force to prisoners of war.

SCHEDULE 1 – GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD.

CONVENTION

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SCHEDULE 2 – GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF WOUNDED, SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA.

CONVENTION

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SCHEDULE 3 – GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR.

CONVENTION

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SCHEDULE 4 – GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR.

CONVENTION

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