Geneva Conventions Act , 1962

1 Short title.

1.—This Act may be cited as the Geneva Conventions Act, 1962.

2 Interpretation.

2.—In this Act—

“court” does not include a court-martial;

“Minister” means the Minister for External Affairs;

“protected internee” means a person protected by the Convention set out in the Fourth Schedule to this Act and interned in the State;

“protected prisoner of war” means a person protected by the Convention set out in the Third Schedule to this Act;

“the protecting power”, in relation to a protected prisoner of war or a protected internee, means the power or organisation which 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 Convention set out in the Third, or, as the case may be, the Fourth Schedule to this Act;

“the Scheduled Conventions” means the Conventions set out in the Schedules to this Act.

3 Grave breaches of Scheduled Conventions.

3.—(1) Any person, whatever his nationality, who, whether in or outside the State, commits, or aids, abets or procures the commission by any other person of, any such grave breach of any of the Scheduled Conventions as is referred to in the following Articles respectively of those Conventions, that is to say:

(a) Article 50 of the Convention set out in the First Schedule to this Act;

(b) Article 51 of the Convention set out in the Second Schedule to this Act;

(c) Article 130 of the Convention set out in the Third Schedule to this Act; or

(d) Article 147 of the Convention set out in the Fourth Schedule to this Act;

shall be guilty of an offence and on conviction on indictment thereof:

(i) in the case of such a grave breach as aforesaid involving the wilful killing of a person protected by the Convention in question, shall be sentenced to death or to penal servitude for life or any less term;

(ii) in the case of any other such grave breach as aforesaid, shall be liable to penal servitude for fourteen years or any less term or imprisonment for a term not exceeding two years.

(2) In the case of an offence under this section committed outside the State, a person may be proceeded against, indicted, tried and punished therefor in any place in the State as if the offence had been committed in that place, and the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that place.

(3) Proceedings for an offence under this section shall not be instituted except by, or on behalf of, or with the consent of the Attorney General.

(4) A person charged with an offence under this section shall be tried by the Central Criminal Court.

4 Minor breaches of Scheduled Conventions.

4.—(1) Any person, whatever his nationality, who, in the State, commits, or aids, or abets or procures the commission in the State by any other person of, any minor breach of any of the Scheduled Conventions shall be guilty of an offence.

(2) Any citizen of Ireland who, outside the State, commits, or aids, or abets or procures the commission outside the State by any other person of, any minor breach of any of the Scheduled Conventions shall be guilty of an offence.

(3) Any person who is guilty of an offence under this section shall be liable

(a) on summary conviction thereof to imprisonment for a term not exceeding six months, or, at the discretion of the court, to a fine not exceeding fifty pounds or to both such imprisonment and such fine; or

(b) on conviction thereof on indictment to imprisonment for a term not exceeding two years, or to a fine not exceeding three hundred pounds, or, at the discretion of the court, to both such imprisonment and such fine.

(4) In this section “minor breach” means contravention of a provision of any of the Scheduled Conventions which is not any such grave breach of that Convention as is mentioned in the relevant Article thereof referred to in section 3 of this Act.

5 Proof of application of Convention.

5.—If, in proceedings under this Act in respect of any breach of any of the Scheduled Conventions, a question arises under Article 2 of that Convention (which relates to the circumstances in which the Convention applies), that question shall be determined by the Minister and a certificate purporting to set out any such determination and to be signed by or on behalf of the Minister shall be received in evidence and be deemed to be so signed, without further proof, unless the contrary is shown.

6 Notice of trial of protected prisoners of war and internees to be served on protecting power.

6.—(1) The court before which—

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

(b) a protected internee is brought up for trial for an offence for which that court has power to sentence him to death or to penal servitude or imprisonment,

shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2) of this section, so far as they are known to the prosecutor, has been served not less than three weeks previously on the protecting power (if there is a protecting power) and, if the accused is a protected prisoner of war, on the accused and the prisoners' representative.

(2) The particulars referred to in subsection (1) of this section 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 army, regimental, personal or serial number;

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

(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.

(3) For the purposes of this section a document purporting—

(a) to be signed on behalf of the protecting power or by the prisoners' representative or by the person accused, as the case may be; and

(b) to be an acknowledgment of the receipt by that power, representative or person on a specified day of a notice described in the document as a notice under this section,

shall, unless the contrary is shown, be sufficient evidence that the notice required by subsection (1) of this section was served on that power, representative or person on that day.

(4) 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 Convention set out in the Third Schedule to this Act were exercisable in relation to that prisoner at the camp or place at which that prisoner was, at or last before that time, detained as a protected prisoner of war.

(5) A court which adjourns a trial for the purpose of enabling the requirements of this section to be complied with may, notwithstanding anything in any other enactment, remand the accused for the period of the adjournment.

7 Legal representation of certain persons.

7.—(1) The Court before which:

(a) any person is brought up for trial for an offence under section 3 or section 4 of this Act; or

(b) a protected prisoner of war is brought up for trial of any offence, shall not proceed with the trial unless:

(i) the accused is represented by counsel; and

(ii) it is proved to the satisfaction of the Court that a period of not less than fourteen days has elapsed since instructions for the representation of the accused at the trial were first given to the solicitor by whom that counsel was instructed,

and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything in any other enactment, the court may remand the accused for the period of the adjournment.

(2) Where the accused is a protected prisoner of war, in the absence of counsel accepted by the accused as representing him, counsel instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of sub-paragraph (ii) of paragraph (b) of subsection (1) of this section, be regarded for the purposes of that subsection as representing the accused.

(3) If the court adjourns the trial in pursuance of subsection (1) of this section by reason that the accused is not represented by counsel, the court shall direct that a solicitor and counsel be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of counsel either accepted by the accused as representing him or instructed as mentioned in subsection (2) of this section, counsel assigned in pursuance of this subsection shall, without prejudice to the requirements of sub-paragraph (ii) of paragraph (b) of subsection (1) of this section, be regarded for the purposes of that subsection as representing the accused.

(4) In relation to any proceedings before a court before which the accused may be represented by a solicitor, the foregoing provisions of this section shall be construed, with any necessary modifications, as if references in those provisions to counsel were references to counsel or a solicitor; and for the purposes of any such proceedings the court, in giving a direction under subsection (3) of this section may, if the court is satisfied that the nature of the charge and the interests of justice do not require that the interests of the accused should be watched over by counsel, direct that a solicitor only shall be assigned as mentioned in that subsection.

(5) A solicitor or counsel shall be assigned in pursuance of subsection (3) of this section in such manner as the Minister for Justice may by regulations prescribe, and any solicitor or counsel so assigned shall be entitled to be paid by the Minister for Justice out of moneys provided by the Oireachtas such sums in respect of fees and disbursements as the Minister for Justice may by regulations (made with the consent of the Minister for Finance) prescribe.

8 Appeals by protected prisoners of war and internees convicted of offences under section 3.

8.—(1) Where a protected prisoner of war or a protected internee has been sentenced by the Central Criminal Court to death or to penal servitude or to imprisonment for an offence under section 3 of this Act, the time within which he must give notice of appeal, or notice of his application for leave to appeal to the Court of Criminal Appeal shall, notwithstanding anything in any other enactment or in any rules of court relating to such appeals, be the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of ten days after the date on which he receives a notice given—

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

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

that the protecting power has been notified of his conviction and sentence.

(2) Where after an appeal to the Court of Criminal Appeal has been determined the sentence on a protected prisoner of war or a protected internee remains a sentence of death, or remains or has become a sentence of penal servitude or of imprisonment, an application to the Attorney General for a certificate authorising an appeal to the Supreme Court in respect of the conviction or sentence as confirmed or varied upon the previous appeal may be made at any time within the period from the date on which the decision by the Court of Criminal Appeal was given until seven days after the date on which the convicted person receives a notice by a person referred to in paragraph (a) or (b) (as the case may require) of subsection (1) of this section that the protecting power has been notified of the decision of the Court of Criminal Appeal.

(3) An order of the court relating to the restitution of property or the payment of compensation to an aggrieved person on any such conviction as aforesaid shall not take effect, and a provision of any enactment relating to the revesting of property on a conviction shall not apply in relation to the conviction while an appeal by the convicted person is pending in accordance with the foregoing provisions of this section.

(4) This section does not apply in relation to an appeal against a conviction or sentence by the Central Criminal Court, or against a decision on appeal of the Court of Criminal Appeal, if, at the time of that conviction or sentence, or of that decision, as the case may be, there is no protecting power.

FIRST SCHEDULE. Geneva Convention for the amelioration of the condition of the wounded and sick in armed forces in the field of August 12, 1949.

The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Geneva Convention for the Relief of the Wounded and Sick in Armies in the Field of July 27,1929, have agreed as follows:

CHAPTER I.—GENERAL PROVISIONS.

The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.

In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognised by one of them.

The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.

Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:

(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a) violence to life and person, in particular, murder of all kinds, mutilation, cruel treatment and torture;

(b) taking of hostages;

(c) outrages upon personal dignity, in particular, humiliating and degrading treatment;

(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognised as indispensable by civilised peoples.

(2) The wounded and sick shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.

Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded and sick, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conflict, received or interned in their territory, as well as to dead persons found.

For the protected persons who have fallen into the hands of the enemy, the present Convention shall apply until their final repatriation.

In addition to the agreements expressly provided for in Articles 10, 15, 23, 28, 31, 36, 37 and 52, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of the wounded and sick, of members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers upon them.

Wounded and sick, as well as medical personnel and chaplains, shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict.

Wounded and sick, as well as members of the medical personnel and chaplains, may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.

The present Convention shall be applied with the co-operation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties.

The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers.

The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties. Their activities shall only be restricted as an exceptional and temporary measure when this is rendered necessary by imperative military necessities.

The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organisation may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of wounded and sick, medical personnel and chaplains, and for their relief.