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Geneva Conventions Act, 2009
Act 780
ARRANGEMENT OF SECTIONS
Offences and trial
1.Offences
in contravention of the
Conventions and Protocol
2.Jurisdiction
of courts
3.Questions
to be referred to Minister
4.Notice
of trial
5.Adjournments
6.Legal
representation
7.Appeal
by a protected prisoner or a
protected internee
8.Execution
9.Reduction
of sentence
The Emblems
10.The
Emblems
11.Organisations
entitled to use the emblems
12.Construction
of the Conventions and Protocols
13.Application
General provisions
14.Regulations
15.Interpretation
16.Repeal
17.Savings
THE SEVEN HUNDRED AND EIGHTIETH
ACT
OF THE
PARLIAMENT OF THE REPUBLIC OF
GHANA
ENTITLED
GENEVA CONVENTIONS ACT, 2009
AN ACT to give effect to the
Geneva Conventions done at
Geneva on 12th August, 1949 and
to the Protocols additional to
those Conventions done at
Geneva on 10th June, 1977; to
incorporate the Conventions as
part of the domestic law to
create a framework for the
effective implementation of
provisions of the Conventions in
this country and to provide for
related matters.
DATE OF ASSENT: 6th January,
2009.
ENACTED by the President and
Parliament:
Offences and trial
Offences in contravention of the
Conventions and Protocol I
1. (1) A person of whatever
nationality, commits an
indictable offence, if that
person, whether within or
outside this country commits,
aids, abets or procures any
other person to commit a grave
breach specified in
(a)
article 50 of the First
Convention in respect of the
Geneva Conventions for the
Amelioration of the Condition of
the Wounded and Sick in Armed
Forces in the Field of August
12, 1949, stated in the First
Schedule,
(b)
article 51 of the Second
Convention in respect of the
Geneva Conventions for the
Amelioration of the Condition of
the Wounded, Sick and
Shipwrecked Members of the Armed
Forces at sea, of August 12,
1949, stated in the Second
Schedule,
(c)
article 130 of the Third
Convention in respect of the
Geneva Conventions Relative to
the Treatment of Prisoners of
War, of August 12, 1949, stated
in the Third Schedule,
(d)
article 147 of the Fourth
Convention in respect of the
Geneva Conventions Relative to
the Protection of Civilian
Persons in Time of War, of
August 12, 1949, set out in the
Fourth Schedule, and
(e)
article 11(4) or paragraphs 2, 3
and 4 of article 85 of the
Protocol I set out in the Fifth
Schedule.
(2) A person who commits an
offence under subsection (I) is
liable on conviction,
(a)
in the case of a grave breach
which involves the wilful
killing of a person protected
by the relevant Convention or
Protocol to death; and
(b)
in the case of any other grave
breach, to a term of
imprisonment of not less than
fourteen years.
(3) A person, who in Ghana
commits, abets, aids or procures
any other person to commit a
breach to the Conventions or
Protocols not covered under
subsection (I) commits an
indictable offence and is liable
on conviction to a term of
imprisonment of not more than
fourteen years.
(4) Where a person commits
an offence under this section
outside the country, the person
may be tried and punished as if
the offence were committed in
this country.
(5) A citizen who outside
the country, commits an offence
or aids, abets or procures the
commission by any other person
of an offence other than that
specified in subsection (1) but
which contravenes any of the
Conventions or Protocol, is
liable on conviction on
indictment to a term of
imprisonment of not less than
fourteen years.
Jurisdiction of Courts
2. (1) The High Court has
jurisdiction to try an offence
under section I.
(2) A court martial or
other military court may try a
person for an offence which,
under the Armed Forces Act, 1962
(Act 105), is triable by that
court although the offence is
also an offence under section 1.
Questions to be referred to
Minister
3. (1) Where a question
arises as to whether any of the
Conventions or Protocols is
applicable in a trial for an
offence under this Act, that
question shall be determined by
the Minister responsible for
Foreign Affairs.
(2) A certificate which
indicates that determination and
is signed by or on behalf of the
Minister responsible for Foreign
Affairs is evidence of the
matter certified unless the
contrary is proved.
Notice of trial
4. (1) A court shall not try a
protected prisoner of war or a
protected internee unless the
court is satisfied that the
protecting power and the legal
representative of the prisoner
of war or internee have been
given at least twenty-one days
notice of the trial by the
prosecutor.
(2) The notice shall
include
(a)
the full name and description of
the accused person including the
accused person's date of birth,
profession or trade,
(b)
the accused person's rank and
army, regimental, personal or
serial number if the accused is
a protected prisoner of war,
(c) the place of detention,
internment or residence of the
accused person,
(d)
the offence with which the
accused person is charged, and
(e) the court before
which the trial is to take place
and the time and place of the
trial.
(3) A document which is
(a)
signed on behalf of the
protecting power or by the
prisoner's representative or by
the accused person, and
(b)
an acknowledgement of receipt by
that power, representative or
accused person of the notice
is sufficient evidence that the
notice required has been served
on the power, representative or
accused person unless the
contrary is proven.
Adjournments
5. A court which adjourns a
trial for the purpose of
enabling the requirements of
this Act to be complied with,
may remand the accused person in
custody for the period of the
adjournment.
Legal representation
6. (1) The court before
which a person is brought for
trial for an offence under this
Act shall not proceed with the
trial unless
(a)
that person is represented by a
lawyer qualified to practise in
this country, and
(b)
it is proved to the satisfaction
of the court that a period of
not less than fourteen days has
elapsed since instructions to
represent the accused person
were given to the legal
representative.
(2) Where that person is
a protected prisoner of war, a
lawyer instructed for that
purpose by or on behalf of the
protecting power shall, without
limiting paragraph (b) of
subsection (1), represent the
accused person in the absence of
a lawyer acceptable by that
person as that person's
representative.
(3) Despite paragraph
(b) of subsection (1), where
the court adjourns a trial
because the accused person is
not represented and the
protecting power has failed to
instruct a lawyer, the court
shall appoint a lawyer to
represent the accused person.
(4) The Legal Aid Scheme
Act, 1997 (Act 542) applies for
the purpose of providing
representation by a lawyer for
the accused person.
Appeal by a protected prisoner
or a protected internee
7. (1) A protected prisoner
of war or a protected internee
who has been sentenced to death
or to imprisonment for two years
or more or who wishes to appeal
against the conviction or
sentence may
(a)
give notice of appeal, or
(b)
give notice of that prisoner or
internee's application for leave
to appeal to the appellate court
between the date of the
conviction and sentence and ten
days after being notified by the
officer in charge of the place
where that prisoner or internee
is interned or confined that the
protecting power has been
informed of the conviction and
sentence.
(2) Subsection (1)
applies despite anything to the
contrary with respect to the
procedure for appeals in any
enactment.
(3) Where an appeal is
pending
(a)
the court shall not make an
order in respect of the
restitution of property or the
payment of compensation to an
aggrieved person, and
(b)
any law in respect of the
revesting of property shall not
apply.
(4) The provisions of
subsections (1) and (2) shall
not apply if there was no
protecting power at the time of
the conviction or sentence.
Execution
8. Where a sentence of death is
pronounced on a protected
prisoner of war or a protected
internee, the sentence shall not
be executed before the
expiration of a period of at
least six months from the date
when the protecting power is
notified of the final judgment.
Reduction of sentence
9. (1) Where a protected
prisoner of war or a protected
internee is convicted of an
offence, the court shall
(a)
deduct from the term of
imprisonment the period during
which the convicted person was
in custody in connection with
that offence before and during
the trial when fixing a term of
imprisonment in respect of the
offence, and
(b)
take into account the prior
period of custody in respect of
the offence, when fixing a
penalty, other than
imprisonment.
(2) Where a protected
prisoner of war or a protected
internee has been
(a)
in custody, or
(b) on remand,
after committal for trial,
including the period of the
trial in connection with an
offence, the Attorney-General
may direct the transfer of the
prisoner from the custody to the
custody of an officer of the
Armed Forces and to remain in
military custody at a camp or
holding place in which
protected prisoners of war are
detained.
(3) A protected prisoner or
a protected internee transferred
to military custody shall be
brought before the court at the
time appointed by the remand or
committal order.
The Emblems
The Red Cross and other emblems
10. (1) Subject to section 11, a
person or organisation shall not
use for any purpose
(a)
the emblem of a red cross with
vertical and horizontal arms of
the same length on, and
completely surrounded by, a
white back ground, or the
designation "Red Cross" or
"Geneva Cross" ;
(b)
the emblem of a red crescent
moon on, and completely
surrounded by, a white
background or designation "Red
Crescen t";
(c)
the emblem of a white or silver
cross with vertical and
horizontal arms of the same
length on, and completely
surrounded by a red background
being the heraldic emblem of the
Swiss Confederation;
(d)
the emblem in red on, and
completely surrounded by, a
white back ground, that is to
say, a lion passing from right
to left 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";
(e)
the sign of an equilateral blue
triangle on, and completely
surrounded by, an orange back
ground, being the international
distinctive sign of civil
defence;
(f)
any of the distinctive signals
specified in Chapter III of
Annex 1 to Protocol 1, being the
signals of identification for
medical units and transport;
(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 understood as referring to,
one of those emblems,
designations, signs or signals;
or
(z)
any other flag, 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 without the consent
in writing of the Minister.
(2) The Minister shall not
give consent for the use of the
Emblems except to give effect to
the Conventions or Protocols and
may refuse or withdraw the
consent.
(3) This section extends to
the use in or outside this
country of an emblem,
designation, sign, signal,
design, wording, identity card,
identification cards, insignia
or uniform referred to in
subsection (1) on a ship or
aircraft registered in the
country.
(4) A person who contravenes
a provision of subsection (1)
commits an offence and is liable
on summary conviction to a fine
of not more than fifty penalty
units or to imprisonment for a
term of not more than three
months or to both.
(5) Where a person is
convicted of an offence under
subsection (1), the court may,
in addition to the term of
imprisonment or fine, order the
forfeiture to the Republic the
goods in connection with which
the emblem, designation, design,
identity cards, insignia or
uniforms was used by that
person.
(6) Where an offence under
this section is committed by a
body of persons,
(a)
in the case of a body corporate
every director or officer of
that body corporate commits that
offence; and
(b)
in the case of a firm or
partnership, every partner
commits that offence.
(7) A person shall not be
convicted of an offence by
virtue of subsection (6) if it
is proved that the offence was
committed without that person's
knowledge or that due diligence
was exercised by that person to
prevent the commission of the
offence.
Organisations entitled to use
the emblems
11. (1) The following
organisations are entitled, to
use the emblems specified
under subsection (I) of section
10 only in conformity with the
Conventions and Protocols:
(a)
the Ghana Armed Forces Medical
Corps under the supervision of
the Minister for Defence;
(b)
the Ghana Red Cross Society in
conformity with the Regulations
on the use of the emblem of the
Red Cross or Red Crescent;
(c)
the National Societies of the
International Committee of the
Red Cross; and
(d)
the International Federation of
the Red Cross and Red Crescent
Societies.
(2) The Ghana Red Cross
Society may exceptionally
authorise the use of Red Cross
emblem by third parties in
accordance with the Regulations
on the use of the Emblem of the
Red Cross or the Red Crescent by
the National Societies.
Construction of the
Conventions and Protocols
12. If the ratification on
behalf of any of the Conventions
or of either of the Protocols is
subject to a reservation or is
accompanied by a declaration,
that Convention or Protocol
shall, for the purposes of this
Act have effect and be construed
subject to and in accordance
with that reservation or
declaration.
Application
13. This Act binds the
Republic and applies to every
person.
General provisions
Regulations
14. The Minister may, by
legislative instrument, make
regulations to
(a) ensure that persons
and places protected by the
Conventions and Protocols are
properly identified, located and
protected;
(b)
protect the fundamental and
procedural guarantees during
time of armed conflict;
(c)
prescribe the form of flags,
emblems, designations, signs,
signals, designs, wordings,
identity cards, information
cards, insignia or uniforms for
use; and
(d)
provide for any other matter
necessary for the effective
implementation of the
provisions of this Act.
Interpretation
15. In this Act, unless the
context otherwise requires,
"Conventions" means the First
Convention, the Second
Convention, the Third
Convention and the Fourth
Convention;
"grave breaches" include willful
killing, torture or inhuman
treatment, including biological
experiments, willfully causing
great suffering or serious
injury to body or health, and
extensive destruction and
appropriation of property, not
- justified by military
necessity and carried out
unlawfully and unwantonly
against persons or property
protected by law;
"Minister" means the
Attorney-General and the
Minister responsible for
Justice;
"prisoner representative" means
a person who performs the
functions under' article 79 of
the Third Schedule; "protected
internee" means a person
protected by the Fourth or Fifth
Schedule and interned in Ghana;
"protected prisoner of war'
means a person protected by the
Third Schedule or a person who
is protected as a prisoner of
war under the Fifth Schedule;
"protecting power" means the
power or organisation which is
carrying out, in the interests
of the power of which that
person is a national or of whose
forces that person is or was
at any material time, a member,
the duties assigned to
protecting powers under the
Third, the Fourth or the Fifth
Schedule; and
"Protocols" means Protocol I and
Protocol II.
Repeal
16. (1) The Red Cross Emblem
(Control) Decree 1973 (N.R.CD.
216) is hereby repealed.
(2) Despite the repeal
under sub-section (1), any
regulation made under the
repealed enactment shall unless
it is inconsistent with this
Act, continue to have effect as
if made under this Act.
Savings
17. (I) A trademark
registered prior to the
commencement of this Act shall
continue to have effect despite
the fact that it consists of or
contains a sign specified in
sub-paragraphs (b) or
(d) of section 11 (1) or a
design that resembles that sign.
(2) Where a person is
charged with the use of a sign
or design for a purpose other
than as or as part of the
trademark registered, it is a
defence for that person to prove
that the sign or design was
lawfully used for that purpose
prior to the commencement of
this Act.
(3) Where a person is
charged with the use of the sign
or design on goods or any other
article, it is a defence for
that person to prove that the
sign or design had been applied
to the goods or article
(a)
before the person acquired them,
or
(b)
by another person who had
manufactured or dealt with them
in the course of trade and who
lawfully used the sign or design
on similar goods or article
prior to the commencement of
this Act.
Date of Gazette
notification: 16th January,
2009.
GPC/ASSEMBLY PRESS, ACCRA.
GPC/A455/30017/2008
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