'Improper use of the emblems of the Geneva Conventions - IAC' in document 'Vanuatu - Geneva Conventions Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 4 – PREVENTION OF ABUSE OF RED CROSS AND OTHER EMBLEMS

11. Restrictions on use of emblems

(1) No person shall, without the consent in writing of the Minister use for any purpose whatsoever any of the following emblems or designations –

(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, which appears above the lion's back, with the upper half of the sun shooting forth rays, or the designation "Red Lion and Sun"; or
(d) any design or wording so nearly resembling any of the emblems or designations aforementioned as to be capable of being mistaken for, or as the case may be, understood as referring to, one of those emblems or designations.

(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and on conviction shall be liable to a maximum fine of VT 20,000 or imprisonment for a period not exceeding 6 months or to both such fine and imprisonment.

(3) The Minister shall not refuse to give consents under subsection (1) and shall not withdraw such consents, except for the purpose of giving effect to the provisions of the Geneva Conventions.

(4) Where a person is convicted of an offence under subsection (2), the court may, in addition to any other penalty, order the forfeiture of any goods upon or in connection with which the emblem, designation, design or wording was used by that person.

(5) No proceedings for an offence under subsection (2) shall be instituted without the consent in writing of the Public Prosecutor.

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