Geneva Conventions and UN Personnel (Protocols) Act [HL]

A Bill seeking to amend the United Nations Personnel Act 1997 so as to give effect to the Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel adopted by the General Assembly of the United Nations on December 8 2005.

Lord Malloch-Brown,minister of state,Foreign and Commonwealth Office, opened the second reading of the Geneva Conventions and United Nations Personnel Bill, on January 27 2009.

The minister said that the Bill would give effect to two international agreements, both aimed at enhancing the protection of personnel operating with a "humanitarian purpose.

The enactment of the Bill would enable the United Kingdom to become a party to the third additional protocol to the Geneva conventions and the optional protocol to the Convention on the Safety of United Nations and Associated Personnel.

Malloch-Brown said that the first clause introduced a new humanitarian emblem, the red crystal, in addition to the existing emblems of the red cross and the red crescent.

He said this was to avoid the misunderstanding of the religious connotations of the red cross and red crescent.

He said that once ratified, the protocol will enable the United Kingdoms defence medical services to use any or a combination of the three distinctive emblems

The Bills second clause amends the United Nations Personnel Act 1997 to give effect to the optional protocol to the Convention on the Safety of United Nations and Associated Personnel adopted by the General Assembly of the United Nations on 8 December 2005.This optional protocol extends the scope of legal protection to United Nations and associated personnel engaged in UN operations.

The minister said that the convention requires member states to prevent and punish, through domestic and criminal law, attacks on UN personnel and others associated with UN operations, extradite perpetrators of such acts and take other ancillary measures.

Malloch-Brown concluded his remarks by saying that if the courageous men and women involved are to continue to fulfil these vital roles they must have the full weight of international law behind them

He said that it should be regarded as an absolute minimum for the UK to ratify the two protocols contained in the Bill.

Lord Howell of Guildford, Opposition spokesperson for foreign affairs, said of both clauses of the Bill:

both aims are commendable, and both are sadly relevant to the modern world and to events current even while we speak. The bravery of those who work under these emblems of neutrality and mercy, and of UN personnel in battle zones, cannot be exaggerated.

Lord Howell said that the opposition strongly support the aims, however he wondered whether the desire for a new symbol was being driven by a very small number of countries.

He questioned whether the Israelis would be permitted to combine the Star of David with the red crystal logo, as was their preference.

He said that all reasonable people would welcome the Bill, and that his party remained supportive.

Baroness Northover, Liberal Democrat spokesperson for international development, expressed her support for the Bill.

She said that as humanitarian action has become more organised and more international, so too must the protection of those involved.

Speaking about the existing symbols of the red cross and red crescent, she said:

It seems that their efficacy has been undermined by identification with one group or another. Also, some national societies have had difficulty using one emblem because of the diversity of their communities.

As such she expressed her support for the new symbol.

On the second part of the Bill,she said:

The expansion of the scope of automatic application of the convention to include peace-building operations and emergency humanitarian assistance operations is very important.


Progress

House of Lords


First reading: December 17 2008 [HL Bill 12]

Second reading: January 27 2009

Third reading: March 2 2009

House of Commons

First reading: March 2 2009 [HC Bill 69]

Second reading: April 1 2009

Committee stage: June 10 2009

Third reading: June 10 2009

Royal Assent

Geneva Conventions and United Nations Personnel (Protocols) Act: July 2 2009

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