'Improper use of the emblems of the Geneva Conventions - IAC' in document 'Trinidad and Tobago - Geneva Conventions Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV
USE OF THE RED CROSS AND OTHER EMBLEMS, SIGNS, SIGNALS, IDENTITY CARDS, INSIGNIA AND UNIFORMS

9. Use of red cross, red crescent, and other emblems etc

9. (1) No person shall without the consent in writing of the Minister with responsibility for national security use or display for any purpose whatsoever—

(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’s back, the upper half of the sun shooting forth rays, or the designation “Red Lion and Sun”;

(d) the emblem 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;

(e) the sign of an equilateral blue triangle on, and completely surrounded by, an orange ground, being the international distinctive sign of civil defence;

(f) any of the distinctive signals specified in Chapter III or Annex 1 to Protocol I, being the signals of identification for medical units and transports;

(g) the sign consisting of a group of three bright orange circles of equal size, placed on the same axis, the distance between each circle being one radius, being the international special sign for works and installations containing dangerous forces;

(h) a design, wording or signal so nearly resembling any of the emblems designations, signs or signals specified in paragraph (a), (b), (c), (d), (e), (f) or (g) as to be capable of being mistaken for, or, as the case may be, understood as referring to, one of those emblems, designations, signs or signals;
(i) such other flags, emblems, designations, signs, signals, designs, wordings, identity cards, information cards, insignia or uniforms as are prescribed for the purpose of giving effect to the Conventions or Protocols.

(2) This section extends to the use in or outside of Trinidad and Tobago of an emblem, designation, sign, signal, design, wording, identity card, information card, insignia or uniform referred to in subsection (1) on any ship or aircraft registered in Trinidad and Tobago.

10. Offences and penalties

10. (1) Any person who contravenes section 9(1) commits and offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of six months or both.

(2) Where a court convicts a person of an offence under section 9(1), the court may order the forfeiture to the State of—

(a) any goods or other article or in connection with which an emblem, designation, sign, signal, design or wording was used by that person; and

(b) any identity cards, information cards, insignia or uniforms used in the commission of the offence.

(3) Where a body corporate commits an offence under section 9(1) with the consent or connivance of a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, the officer and the body corporate, are liable to be proceeded against and punished in accordance with subsection (1).

RELEVANT ROME STATUTE PROVISIONS

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