PREVENTION OF ABUSE OF RED CROSS AND OTHER EMBLEMS

Use of Red Cross and other emblems
9. (1) Subject to this section, it shall not be lawful for any person, without the authority of the Minister, to use for any purpose whatsoever any of the following emblems or designations, that is to say -

(a) the emblem of a red cross with vertical and horizontal arms of the same length on, and completely surrounded by, a white ground, or the designation "Red Cross" or "Geneva Cross";

(b) the emblem of a red crescent moon on, and completely surrounded by, a white ground, or the designation "Red Crescent";

(c) the following emblem in red on, and completely surrounded by, a white ground, that is to say, a lion passing from right to left of, and with its face turned towards, the observer, holding erect in its raised right forepaw a scimitar, with, appearing above the lion'’ back, the upper half of the sun shooting forth rays, or the designation "Red Lion and Sun".

(2) Subject to this section, it shall not be lawful for any person, without the authority of the Minister, to use for any purpose whatsoever -

(a) any design consisting of a white or silver cross with vertical and horizontal arms of the same length on, and completely surrounded by, a red ground, being the heraldic emblem of the Swiss Confederation, design as to be capable of being mistaken for that heraldic emblem;

(b) any design or wording so nearly resembling any of the emblems or designations specified in subsection (1) as to be capable of being mistaken for, or, as the case may be, understood as referring to, one of those emblems.

(3) Any person who contravenes any of the provisions of subsection (1) or (2) is guilty of an offence and shall be liable on summary conviction –

(a) to a fine of $500; and

(b) to forfeit any goods upon or in connection with which the emblem, designation, design or wording was used.

(4) In the case of a trade mark registered before 1 September 1959 –

(a) this section shall not apply by reason only of its consisting of or containing a design or wording which reproduces or resembles an emblem or designation specified in subsection (1)(b) or (c); and

(b) where a person is charged with using such a design or wording for any purpose and it is proved that he used it otherwise than as, or as part of, a trade mark so registered, it shall be a defence for him to prove -

(i) that he lawfully used that design or wording for that purposes before 1 September 1959; or
(ii) in a case where he is charged with using the design or wording upon goods, that the design or wording has been applied to the goods before he acquired them by some other person who had manufactured or dealt with the goods in the course of trade and who lawfully used the design or wording upon similar goods before 1 September 1959.

(5) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of any director, secretary or other officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate -

(a) is deemed to be guilty of the offence; and

(b) shall be liable to be proceeded against and punished accordingly,
and in this subsection the expression "director", in relation to any body corporate established by or under any enactment for the purpose of carrying on under public ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body.

(6) It is hereby declared that this section extends to the use in or outside Kiribati of any such emblem, designation, design or wording as is referred to in subsection (1) or (2) on any ship or aircraft registered in Kiribati.

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury