Ryall Tony: Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Bill — First Reading 
Text is incorporated into the Bound Volume 
Ryall Tony: Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Bill — First Reading 
[Sitting date: 28 June 2012. Volume:681;Page:3520. Text is incorporated into the Bound Volume.] 
Hon TONY RYALL (Minister of Health) 
 on behalf of the Minister of Foreign Affairs: I move  
That the Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Bill be now read a first time. 
 I nominate the Foreign Affairs Defence and Trade Committee to consider the bill. 
This bill contains the legislative provisions needed for New Zealand to become a party to the third additional protocol to the Geneva Conventions of 1949. The third protocol establishes a new Geneva Conventions emblem commonly referred to as the Red Crystal for use alongside the Red Cross and the Red Crescent. This emblem may be used as a protective symbol to identify medical and religious personnel hospitals ambulances and other medical transports in armed conflicts where the existing Red Cross and Red Crescent emblems may be seen to have religious or political connotations that were never intended. 
The new emblem is a red frame in the shape of a square on edge on a white background. It is intended to be free from any national religious cultural or political connotations. The new emblem has a lengthy history. The International Red Cross and Red Crescent Movement recognised the need for an appropriate emblem in cases where for various reasons parties to conflict did not want to use either the Red Cross or the Red Crescent emblem. The lack of a suitable emblem in such situations significantly diminishes the protections that can be afforded to victims of war and to medical personnel hospitals and medical transports. 
The development of the new emblem also recognises the needs of countries where other emblems have been used for many years. One example of this is in Israel where an organisation that is the equivalent of national societies in other countries such as the New Zealand Red Cross Society asserted that it should be able to use the Red Shield of David in its domestic activities. Meanwhile other national societies such as in Eritrea wished to use both the Red Cross and the Red Crescent together. Such arrangements were not possible under the previous rules. 
The adoption of the third protocol and the recognition of the new Red Crystal emblem mean that those national societies are no longer required to choose between the Red Cross and the Red Crescent. Instead they can use the appropriate emblem consistently with the Geneva Conventions their own traditions and the rules of the International Red Cross and Red Crescent Movement. Any other national society that wishes to can use the Red Crystal in accordance with the provisions of the third protocol. I am advised that following the adoption of the third protocol both the Magen David Adom of Israel and the Palestine Red Crescent Society were admitted as full members of the International Federation of Red Cross and Red Crescent Societies for the first time and were formally recognised by the International Committee of the Red Cross. 
New Zealand signed the third protocol in 2006 and the Foreign Affairs Defence and Trade Committee as members will know conducted the international treaty examination of the third protocol in 2007 and reported that it had no matters to bring to the attention of the House. Although not considering ratification of the third protocol to be a matter of urgency for the Government the committee stated that it supports the ratification. 
The ratification will mean that New Zealand will be party to all the treaties that comprise the Geneva Conventions and their protocols which are the core instruments of international humanitarian law. Although the New Zealand Defence Force will continue to use the Red Cross symbol it is essential that our armed forces personnel know the significance of the new Red Crystal symbol when used by other forces or civilian facilities and that they respect the legal protections that apply to it afforded by this legislation. To date the third protocol has been signed by 90 countries while 60 countries have either ratified or acceded to it including Australia Canada the United States and many European countries. 
The bill itself amends the Geneva Conventions Act 1958 and extends to the Red Crystal the protection provided to the Red Cross and the Red Crescent. The bill also makes a number of minor and technical amendments to existing legislation and I just thought I would run through those. The bill amends section 2 of the Geneva Conventions Act by including and adjusting definitions relevant to the third protocol. The bill amends section 8 of the Geneva Conventions Act to include the Red Crystal in the list of protected emblems. The bill also updates some of the language in section 8 and provides an exemption from the offence provisions where a trademark was registered prior to this amending bill entering into force. 
The bill also increases the penalty for an offence under section 8 of the Geneva Conventions Act from a fine of up to $1000 to a fine of up to $10000. This level of maximum penalty better reflects the seriousness of the misuse of any of the emblems and brings the level of penalty into line with contemporary law. The bill repeals section 10 of the Act which provides for the Act’s application to the Cook Islands Niue and Tokelau. The replacement section provides for the Act’s application to Tokelau alone as both Niue and the Cook Islands have equivalent stand-alone legislation. The bill also adds a new schedule to the Act which consists of the text of the third protocol itself. Finally the bill makes a number of consequential amendments to the flags and emblems legislation. 
I am sure that as many members know in many theatres of conflict many look towards the ability of the Red Cross and the Red Crescent to provide much-needed support and care at most vulnerable times. Those are symbols that are internationally recognised; we are all aware of that. This legislation allows us to bring into effect the affording of those sorts of protections to the Red Crystal. The bill therefore reaffirms New Zealand’s longstanding position as a supporter of the conventions and the role that the International Red Cross and Red Crescent Movement has in providing this assistance to vulnerable people throughout the world. We commend this bill to the House.