On the Ratification of the Additional Protocol to the Geneva Conventions of August 12, 1949, concerning the adoption of an Additional Distinctive Emblem (Protocol III)

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Law of the Republic of Kazakhstan dated March 27, 2009 No. 145-IV

To ratify the Additional Protocol to the Geneva Conventions of August 12, 1949, concerning the Adoption of an Additional Distinctive Emblem (Protocol III), adopted in Geneva on December 8, 2005.

President of the Republic of Kazakhstan N. Nazarbayev

Protocol Additional to the Geneva Conventions of August 12, 1949, concerning the Adoption of an Additional Distinctive Emblem (Protocol III)

Geneva, December 8, 2005

The preamble

The High Contracting Parties,

(§1) Confirming the provisions The Geneva Conventions of 12 August 1949 (in particular articles 26, 38, 42 and 44 of the First Geneva Convention) and, where appropriate, the Additional Protocols thereto 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 (§2) Desiring to supplement the above-mentioned provisions in order to enhance their protective value and universal character, (§3) Noting , That this Protocol is without prejudice to the recognized right of the High Contracting Parties to continue to use the emblems they use in accordance with their obligations under the Geneva Conventions and, where appropriate, the Additional Protocols thereto, (§4) Recalling that the obligation to treat with respect persons and objects protected by the Geneva Conventions and Additional Protocols the Protocols to them follow from their status, which grants them protection under international law, and does not depend on the use of distinctive emblems, signs or signals., (§5) Emphasizing that no religious, ethnic, racial, regional or political significance is attached to distinctive emblems, (§6) Emphasizing the importance of ensuring full compliance with the obligations relating to distinctive emblems recognized by the Geneva Conventions and, where appropriate, their Additional Protocols, (§7) Recalling, That article 44 of the First Geneva Convention distinguishes between the use of distinctive emblems for protective purposes and their use for designation purposes, (§8) Recalling also , that national societies operating in the territory of another State should ensure that the emblems they intend to use in such activities can be used in the country where the activity is carried out, as well as in the country or countries of transit, (§9) Recognizing the difficulties that some States and national societies using existing distinctive emblems, (§10) 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 have agreed to retain the names and emblems they currently use. :

Article 1 - Compliance with and scope of this Protocol

1. The High Contracting Parties undertake to comply with this Protocol and ensure its observance in all circumstances. 2. This Protocol confirms and supplements the provisions of the four Geneva Conventions of August 12, 1949 (the "Geneva Conventions") and, where appropriate, the two Additional Protocols thereto of June 8, 1977 (the "Additional Protocols of 1977") concerning distinctive emblems, namely: the Red Cross, the Red Crescent, the red lion and the sun, and is applied in the same situations as these provisions.

Article 2 - Distinctive emblems

1. This Protocol recognizes an additional distinctive emblem along with the distinctive emblems of the Geneva Conventions and for the same purposes. Distinctive emblems enjoy the same status. 2. This additional distinctive emblem, consisting of a red frame in the shape of a square standing on one of its vertices on a white background, corresponds to the image contained in the Annex to this Protocol. In this Protocol, this distinctive emblem is referred to as the "emblem of the Third Protocol". 3. The conditions for the use and respect of the emblem of the Third Protocol are identical to those applicable to distinctive emblems, which are defined by the Geneva Conventions and, where appropriate, the Additional Protocols of 1977. 4. Medical services and spiritual personnel of the armed forces of the High Contracting Parties may, without prejudice to the emblems they currently use, temporarily use any of the distinctive emblems referred to in paragraph 1 of this Article, if this may enhance their protection.

Article 3 - Use of the emblem of the Third Protocol for the purpose of designating

1. The national Societies of those High Contracting Parties that decide to use the emblem of the Third Protocol may, when using the emblem in accordance with the relevant national legislation, include in it for the purpose of designation: (a) one of the distinctive emblems recognized by the Geneva Conventions, or a combination of these emblems, or (b) another emblem., which is already in actual use by a High Contracting Party and which was communicated to the other High Contracting Parties and the International Committee of the Red Cross through the depositary prior to the adoption of this Protocol. Such inclusion must correspond to the image provided in the Annex to this Protocol. 2. A national society that decides to include another emblem in the emblem of the Third Protocol, in accordance with paragraph 1 of this article, may, in accordance with national legislation, use the name of this emblem and its image on the territory of its State. 3. National societies may, in accordance with national legislation, in exceptional cases and to facilitate their work, temporarily use 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 by the Geneva Conventions and this Protocol, nor does it affect the legal status of any specific emblem included in the emblem of the Third Protocol for designation 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 staff may, in exceptional cases and to facilitate their work, use the distinctive emblem referred to in article 2 of this Protocol.

Article 5 - Operations conducted under the auspices of The United Nations

Medical services and religious personnel participating in operations conducted under the auspices of the United Nations may, with the consent of the participating States, use one of the distinctive emblems referred to in articles 1 and 2.

Article 6 - Prevention and suppression of abuse of emblems

1. The provisions of the Geneva Conventions and, where appropriate, the Additional Protocols of 1977 concerning the prevention and suppression of abuse of distinctive emblems shall apply equally to the emblem of the Third Protocol. In particular, the High Contracting Parties shall take the necessary measures to prevent and suppress at all times any abuse of the distinctive emblems referred to in Articles 1 and 2 and their names, including the perfidious use and use of any signs and names imitating them. 2. Notwithstanding the provisions of paragraph 1 of this Article, the High Contracting Parties may allow those who previously used the emblem of the Third Protocol or any other sign imitating it to continue using them, provided that such use during an armed conflict does not create the impression that it provides the protection provided for by the Geneva Conventions and, where appropriate,, Additional Protocols of 1977, and provided that the rights to such use were acquired prior to the adoption of this Protocol.

Article 7 - Dissemination

The High Contracting Parties undertake to disseminate this Protocol as widely as possible in their countries, both in peacetime and during armed conflicts, and in particular to include its study in military training programmes and to encourage its study by the civilian population so that this document may become known to the armed forces and the civilian population.

Article 8 - Signature

This Protocol will be open for signature by the parties to the Geneva Conventions on the date of its adoption and will remain open for a period of twelve months.

Article 9 - Ratification

This Protocol should be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss Federal Council, the depositary of the Geneva Conventions and Additional Protocols of 1977.

Article 10 - Accession

This Protocol is open for accession by any party to the Geneva Conventions that has not signed it. The documents of accession shall be deposited with the depositary.

Article 11 - Entry into force

1. This Protocol shall enter into force six months after the deposit of two instruments of ratification or accession. 2. For each party to the Geneva Conventions that ratifies or accedes to this Protocol subsequently, it shall enter into force six months after the date of deposit by such party of its instrument of ratification or accession.

Article 12 - Contractual relations after accession  by virtue of this Protocol

1. If the parties to the Geneva Conventions are also parties to this Protocol, the Conventions shall apply as amended by this Protocol. 2. If one of the parties to the conflict is not bound by this Protocol, the latter remains binding on the parties to the Protocol in their relations. In addition, this Protocol is binding on them in respect of each of the parties not bound by it, if the latter recognizes and applies its provisions.

Article 13 - Amendments

1. Any of the High Contracting Parties may propose amendments to this Protocol. The text of any proposed amendment shall be forwarded to the depositary, who, 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, shall decide whether to convene a conference to consider the proposed amendment. 2. The Depositary shall invite to this conference all the High Contracting Parties, as well as the Parties to the Geneva Conventions, regardless of whether they have signed this Protocol or not.

Article 14 - Denunciation

1. If the High Contracting Party denounces this Protocol, the denunciation shall take effect only one year after receipt of the instrument of denunciation. However, if, after one year, the denouncing party finds itself in a situation of armed conflict or occupation, the denunciation does not take effect until the end of the armed conflict or occupation. 2. The notification of denunciation shall be sent in writing to the depositary, who shall send it to all the High Contracting Parties. 3. The denunciation is effective only in respect of the party that has declared the denunciation. 4. No denunciation in accordance with paragraph 1 shall affect obligations already assumed in connection with an armed conflict or occupation under this Protocol by the denouncing party in respect of any act committed prior to the entry into force of such denunciation.

Article 15 - Notifications

The Depositary shall notify the High Contracting Parties, as well as the Parties to the Geneva Conventions, whether or not they have signed this Protocol: (a) of the signatures attached to this Protocol and the deposit of instruments of ratification and accession in accordance with Articles 8, 9 and 10; (b) of the date of entry into force. of this Protocol in accordance with article 11, within 10 days of its entry into force; (c) Communications received in accordance with article 13; (d) Declarations of denunciation in accordance with article 14.

Article 16 - Registration

1. Upon entry into force, this Protocol shall be transmitted by the depositary to the United Nations Secretariat for registration and publication in accordance with Article 102 of the Charter of the United Nations. 2. The Depositary shall also notify the United Nations Secretariat of all instruments of ratification, accession and denunciation received by it in respect of 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, who shall transmit certified copies thereof to all the parties to the Geneva Conventions.

application

THE EMBLEM OF THE THIRD PROTOCOL (paragraph 2 of Article 2 and paragraph 1 of Article 3 of the Protocol)

Article 1 - Distinctive emblem

Article 2 - Use of the emblem of the Third Protocol for the purpose of designating

I hereby certify that this text is a certified copy of the certified copy of Additional Protocol No. 3 to the Geneva Conventions of August 12, 1949, concerning the Additional Distinctive Emblem, done in Geneva on December 8, 2005.

Head of the Department International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan Zh. Bukhbantaev

President

Republic of Kazakhstan

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