Geneva Conventions (Amendment) Act, 1998

Amendment of Prisoners of War and Enemy Aliens Act, 1956 .

14.Section 1 of the Prisoners of War and Enemy Aliens Act, 1956 , is hereby amended—

(a) in subsection (1), by the insertion after the definition of “the Civilians Convention” of the following definition:

“‘Protocol I’ means the Protocol, additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) adopted at Geneva on 8 June 1977;”,

and

(b) by the substitution for subsection (2) of the following subsections:

“(2) Any reference in this Act to prisoners of war is, primarily, to—

(a) persons who, in relation to the State and a war or armed conflict in which the State is a participant, are prisoners of war within the meaning of Paragraph A of Article 4 of the Prisoners of War Convention or paragraph 1 of Article 44 of Protocol I or who are entitled under paragraph 4 of the said Article to protections equivalent in all respects to those accorded to prisoners of war or armed conflict by the said Convention and Protocol, and

(b) persons who, in relation to the State and a war in which the State is not a participant, are, by reference to subparagraph (2) of Paragraph B of Article 4 of the Prisoners of War Convention, to be treated as prisoners of war under that Convention,

but any such reference shall also be construed as including a reference to the persons who in relation to the State and a war or armed conflict in which the State is a participant, having—

(i) committed a belligerent act, are, pursuant to Article 5 of the Prisoners of War Convention, to enjoy the status of prisoners of war under that Convention, or

(ii) taken part in hostilities, are, pursuant to Article 45 of Protocol I, to be presumed to be prisoners of war, until such time as their status has been determined by a competent tribunal.

(2A) Any reference in this Act to prisoners of war includes a reference to mercenaries (within the meaning of Article 47 of Protocol I) who as such have fallen into the power of, or been received on the territory of, the State.”.