Tremain Chris: Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Bill — Second Reading Third ReadingText is incorporated into the Bound VolumeTremain Chris: Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Bill — Second Reading Third Reading[Sitting date: 04 December 2012. Volume:686;Page:7095. Text is incorporated into the Bound Volume.]Hon CHRIS TREMAIN (Minister of Civil Defence) on behalf of theMinister of Foreign Affairs: I moveThat the Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Bill be now read a second time. The bill implements New Zealand’s obligations under the third additional protocol to the Geneva Conventions of 1949. The four Geneva Conventions and their additional protocols represent the core framework of international humanitarian law: regulating the conduct of armed conflicts. They are among the most universal international treaties in existence.The third protocol establishes a new distinctive emblem known as the Red Crystal giving it the same legal recognition and protection from misuse that the Red Cross the Red Crescent and the Red Lion and Sun currently enjoy under the Geneva Conventions framework. Like the other recognised emblems authorised users such as medical personnel may display the Red Crystal to receive protection from hostile acts in situations of armed conflict.The Red Crystal emblem provides an alternative to the Red Cross and Red Crescent emblems and is intended to be free from any national religious cultural or political connotations. The third protocol is seen as a practical solution to a practical problem. Its adoption will allow the Israeli national society theMagen DavidAdom and the Palestinian Red Crescent Society to be admitted to the International Federation of Red Cross and Red Crescent Societies.The adoption of the third protocol creates a more flexible environment by allowing the indicative use of a combination of recognised emblems or the Red Shield of David within the home territory of a national society as long as the emblem or combination of emblems is incorporated within the frame of the Red Crystal. Arrangements like this were not permitted under previous rules.Although the New Zealand Defence Force will continue to use the Red Cross to designate its medical and religious personnel and equipment it is essential that our armed forces personnel recognise the protective use of the Red Crystal emblem by other forces and authorised civilian organisations. It is also time that New Zealand joined the 92 other signatories to the third protocol and the 60 countries that have ratified it in formally recognising the Red Crystal emblem as part of the core framework of international humanitarian law.I thank the Foreign Affairs Defence and Trade Committee for its careful consideration of this bill. The committee received one submission from the International Committee of the Red Cross strongly supporting the passage of the bill. The select committee recommends that the bill be passed with amendments and I consider that the committee’s recommendations improve the bill and enhance New Zealand’s domestic implementation of the third protocol.The bill amends the Geneva Conventions Act 1958 so that all the distinctive emblems receive the same legal recognition and protection. The bill also increases the maximum penalty for an offence under section 8 of the Geneva Conventions Act from a fine of $1000 to a fine of $10000. The current penalty was set in 1987 and the proposed penalty is more in line with similar offences for misusing protected symbols.The committee recommended that section 3 of the Geneva Conventions Act be amended to include a grave breach of the third protocol as an offence under the Act. Although the third protocol does not explicitly require such an offence to be created it is sensible for a grave misuse of the Red Crystal to be recognised as an offence in the same way as a grave misuse of any other protected emblem.The bill also makes a number of minor and technical amendments to existing legislation. The adoption of the third protocol has been an important step in enhancing protection for medical and humanitarian workers who will use the emblem in conflict situations especially where the existing emblems cannot be used. It is also an important step towards promoting the unity and universality of the Red Cross and Red Crescent Movement.Passing this bill will enable New Zealand to ratify the third protocol reaffirming our strong support for international humanitarian law and for the critical role of the Red Cross and Red Crescent Movement in providing humanitarian assistance to vulnerable people throughout the world. I commend this bill to the House.