The Geneva Conventions Act (Jersey) Order 2011: Report and Proposition

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 20 January 2011 regarding: The Geneva Conventions Act (Jersey) Order 2011: Report and Proposition - Additional Protocol III.

Decision Reference: MD-C-2011-0006
Decision Summary Title :	Additional Protocol III – Geneva Conventions		Date of Decision Summary:	12th January 2011
Decision Summary Author:	International Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Additional Protocol III – Geneva Conventions		Date of Written Report:	12th January 2011
Written Report Author:	International Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: The Geneva Conventions Act (Jersey) Order 2011
Decision(s): The Chief Minister agreed to lodge ‘au Greffe’ the Report & Proposition entitled ‘Geneva Conventions – Additional Protocol III: extension to Jersey’
Reason(s) for Decision: The Geneva Conventions Act (Jersey) Order 2011 implements the Additional Protocol III to the Geneva Conventions. The Protocol introduces a new distinctive emblem, the red crystal, in addition to the existing red cross and red crescent, to be used in situations where the existing symbols might be wrongly perceived as having religious connotations. The Protocol puts the new emblem on the same legal footing as the existing emblems recognised by the Geneva Conventions. Extension of the Protocol will enhance the international reputation of Jersey by sending a strong and positive message, demonstrating that Jersey stands alongside the rest of the international community in recognising the importance of the Protocol, as well as re-affirming its support for the institution of the International Committee of the Red Cross (ICRC). Article 31 (1) of the States of Jersey Law 2005 states that: Duty to refer certain matters to the States of Jersey (1) Where it is proposed that – (a) any provision of a draft Act of the Parliament of the United Kingdom should apply directly to Jersey;… the Chief Minister shall lodge the proposal in order that the States may signify their views on it. Accordingly, it is proposed that the Chief Minister should lodge the attached Proposition so that the States may signify their view on the matter.
Resource Implications: There are no manpower or resource implications.
Action required: The Greffier of the States is requested to arrange for the Projet to be lodged ‘au Greffe’ for consideration by the States at the earliest opportunity.
Signature:		Position: Senator T.A. Le Sueur, Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

The Geneva Conventions Act (Jersey) Order 2011: Report and Proposition - Additional Protocol III

STATES OF JERSEY

Geneva Conventions – Additional Protocol III: extension to Jersey

Lodged au Greffe on..….2011 by the Chief Minister

PROPOSITION

THE STATES are asked to decide whether they are of opinion 

to signify, pursuant to Article 31 (1)(b)(i) of the States of Jersey Law 2005, whether they agree that a request be made to Her Majesty in Council for the making of an Order in Council that would extend to Jersey, with appropriate modifications and adaptations, Section 1 of, and the Schedule to, the Geneva Conventions and UN Personnel (Protocols) Act 2009, as summarised in the report of the Chief Minister dated [lodging date to be inserted in due course].

CHIEF MINISTER

REPORT

Executive Summary

The purpose of this Proposition is to request the States to consider whether they agree in principle to the Geneva Conventions Act (Jersey) Order 2011 (draft text attached, Annex I), which implements in Jersey the Additional Protocol III to the Geneva Conventions.

The Protocol introduces a new distinctive emblem, the red crystal, in addition to the existing red cross and red crescent, to be used in situations where the existing symbols might be wrongly perceived as having religious connotations. The Protocol puts the new emblem on the same legal footing as the existing emblems recognised by the Geneva Conventions.

Extension of the Protocol will enhance the international reputation of Jersey by sending a strong and positive message, demonstrating that Jersey stands alongside the rest of the international community in recognising the importance of the Protocol, as well as re-affirming its support for the institution of the International Committee of the Red Cross (ICRC).

Background

An International Diplomatic Conference adopted the (Third) Protocol Additional to the Geneva Conventions on 8 December 2005, and the UK signed the Protocol on the same day. The Protocol is the result of a long process of international negotiations initiated by the International Committee of the Red Cross (ICRC). One of its objectives is to enable national humanitarian societies of countries who did not want to choose between the existing emblems to join the International Red Cross and Red Crescent Movement.

The text of the Protocol can be found on the ICRC website

(www.icrc.org/ihl.nsf/FULL/615?OpenDocument) and in the schedule appended to the Geneva Conventions and UN Personnel (Protocols) Act 2009

(www.opsi.gov.uk/acts/acts2009/ukpga_20090006_en_1)

Aim of the Protocol

The Protocol introduces a new distinctive emblem, the red crystal, in addition to the existing red cross and red crescent, to be used in situations where the existing emblems might be wrongly perceived as having religious connotations. The Protocol puts the new emblem on the same legal footing as the existing emblems recognised by the Geneva Conventions.

The Conventions provide for the emblems to be used to identify the personnel, material and buildings of armed forces medical services, protecting them and their patients against attack in situations of armed conflict. The Protocol allows armed forces medical services, without prejudice to their current emblems, to make temporary use of any recognised distinctive emblem where this may enhance protection. For instance, the UK will continue to use the red cross as its protective emblem for Defence Medical Services, but may decide to use the red crystal or the red crescent in situations where these are likely to afford a higher level of protection.

Steps required to meet the terms of the Protocol

Legislation necessary to give effect to the Protocol in UK law, the Geneva Conventions and United Nations (Protocols) Act 2009, received Royal Assent on 2 July 2009. The Act amends the Geneva Conventions Act 1957 (already extended to Jersey by Order in Council), which makes it a criminal offence to misuse the distinctive emblems, by extending these provisions to the red crystal. The UK thus complied with Article 6 of the Protocol which requires states parties to take measures necessary for the prevention and repression of misuse of the new emblem.

Extension of the Protocol to Jersey requires measures for the prevention and repression of misuse of the emblem. This will be effected, if the States agree, by extending the relevant provisions of the Geneva Conventions and UN Personnel (Protocols) Act 2009, section 1 and the Schedule, to the Crown Dependencies by Order in Council, as provided by section 3 (3) of the Act in conjunction with section 8 (2) of the Geneva Conventions Act 1957, as amended in 1995.

Manpower and resource implications

There will be no additional manpower, revenue or capital requirements arising from this provision.

Annex I

STATUTORY INSTRUMENTS

2011 No.

Geneva Conventions

The Geneva Conventions Act (Jersey) Order 2011

Made - - - - 2011

Coming into force - - 2011

At the Court at Buckingham Palace, the 13th day of October 2011

Present

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the power conferred by section 8(2) of the Geneva Conventions Act 1957([1]), as applied by section 7(4) of the Geneva Conventions (Amendment) Act 1995([2]) and section 3(3) of the Geneva Conventions and United Nations Personnel (Protocols) Act 2009([3]),having noted that the States of Jersey have signified, pursuant to Article 31 of the States of Jersey Law 2005, that they agree that section 1 of, and the Schedule to, the said Act of 2009 should extend to Jersey so as to be law in Jersey, by and with the advice and consent of Her Privy Council, makes the following Order:

This Order may be cited as the Geneva Conventions Act (Jersey) Order 2011, and shall come into force on the seventh day after it is registered by the Royal Court of Jersey.
Section 1 of, and the Schedule to, the Geneva Conventions and United Nations Personnel (Protocols) Act 2009 shall extend to Jersey subject to the exceptions and modifications specified in the Schedule to this Order.

Judith Simpson

Clerk of the Privy Council

SCHEDULE

Article 2

EXCEPTIONS AND MODIFICATIONS SUBJECT TO WHICH SECTION 1 OF, AND THE SCHEDULE TO, THE GENEVA CONVENTIONS AND UNITED NATIONS PERSONNEL (PROTOCOLS) ACT 2009 EXTEND TO JERSEY

References to –

(a) the Geneva Conventions Act 1957,

(b) the Geneva Conventions (Amendment) Act 1995,

or to any provision of any of those Acts shall be construed as references to the Act or provision as it has effect in Jersey.

In section 1(5) for subsection (4D) (as inserted) substitute–

“(4D) For the purposes of subsection (4B) of this section references in subsection (4) of this section to the coming into operation of this Act in Jersey shall be construed as references to the coming into operation in Jersey of section 1 of the Geneva Conventions and United Nations Personnel (Protocols) Act 2009 by virtue of the Geneva Conventions Act (Jersey) Order 2011.”

Omit section 1(6)

EXPLANATORY NOTE

(This note is not part of the Order)

This Order extends section 1 of, and the Schedule to, the Geneva Conventions and United Nations Personnel (Protocols) Act 2009 to Jersey subject to exceptions and modifications.

([1]) 1957 c.52.

([2]) 1995 c.27.

([3]) 2009 c.6.