Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive EmblemSenate Consideration of Treaty Document 109-10(A)
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[Senate Treaty Document 109-10]
[From the U.S. Government Printing Office]
109th Congress
2d Session SENATE Treaty Doc.
109-10
_______________________________________________________________________
PROTOCOL III TO 1949 GENEVA CONVENTION AND AN AMENDMENT AND PROTOCOL TO
1980 CONVENTIONAL WEAPONS CONVENTION
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND
RELATING TO THE ADOPTION OF AN ADDITIONAL DISTINCTIVE EMBLEM (THE
``GENEVA PROTOCOL III''), ADOPTED AT GENEVA ON DECEMBER 8, 2005, AND
SIGNED BY THE UNITED STATES ON THAT DATE; THE AMENDMENT TO ARTICLE 1 OF
THE CONVENTION ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF CERTAIN
CONVENTIONAL WEAPONS WHICH MAY BE DEEMED TO BE EXCESSIVELY INJURIOUS OR
TO HAVE INDISCRIMINATE EFFECTS (THE ``CCW AMENDMENT''); AND THE CCW
PROTOCOL EXPLOSIVE REMNANTS OF WAR (THE ``CCW PROTOCOL V'')
June 20, 2006.--Treaty was read the first time, and together with the
accompanying papers, referred to the Committee on Foreign Relations and
order to be printed for the use of the Senate
LETTER OF TRANSMITTAL
----------
The White House, June 20, 2006.
To The Senate of the United States:
With a view to receiving the advice and consent of the
Senate to ratification, I transmit herewith: the Protocol
Additional to the Geneva Conventions of 12 August 1949, and
relating to the Adoption of an Additional Distinctive Emblem
(the ``Geneva Protocol III''), adopted at Geneva on December 8,
2005, and signed by the United States on that date; the
Amendment to Article 1 of the Convention on Prohibitions or
Restrictions on the Use of Certain Conventional Weapons Which
May be Deemed to be Excessively Injurious or to Have
Indiscriminate Effects (the ``CCW Amendment''); and the CCW
Protocol on Explosive Remnants of War (the ``CCW Protocol V'').
I transmit, for the information of the Senate, the report of
the Department of State concerning these treaties.
Geneva Protocol III. Geneva Protocol III creates a new
distinctive emblem, a Red Crystal, in addition to and for the
same purposes as the Red Cross and the Red Crescent emblems.
The Red Crystal is a neutral emblem that can be employed by
governments and national societies that face challenges using
the existing emblems. In addition, Geneva Protocol III will
pave the way for Magen David Adom, Israel's national society,
to achieve membership in the International Red Cross and Red
Crescent Movement. Legislation implementing Geneva Protocol III
will be submitted to the Congress separately.
CCW Amendment. The amendment to Article 1 of the CCW, which
was adopted at Geneva on December 21, 2001, eliminates the
distinction between international and non-international armed
conflict for the purposes of the rules governing the
prohibitions and restrictions on the use of certain
conventional weapons. It does not change the legal status of
rebel or insurgent groups into that of protected or privileged
belligerents.
CCW Protocol V. CCW Protocol V, which was adopted at Geneva
on November 28, 2003, addresses the post-conflict threat
generated by conventional munitions such as mortar shells,
grenades, artillery rounds, and bombs that do not explode as
intended or that are abandoned. CCW Protocol V provides for the
marking, clearance, removal, and destruction of such remnants
by the party in control of the territory in which the munitions
are located.
Conclusion. I urge the Senate to give prompt and favorable
consideration to each of these instruments and to give its
advice and consent to their ratification. These treaties are in
the interest of the United States, and their ratification would
advance the longstanding and historic leadership of the United
States in the law of armed conflict.
George W. Bush.
LETTER OF SUBMITTAL
----------
Department of State,
Washington, DC, June 12, 2006.
The President,
The White House.
Mr. President: I have the honor to submit to you the
following treaties with a view to their transmittal to the
Senate for advice and consent to ratification: the Protocol
Additional to the Geneva Conventions of 12 August 1949, and
relating to the Adoption of an Additional Distinctive Emblem
(``Geneva Protocol III''), adopted at Geneva on December 8,
2005; the Amendment to Article 1 of the Convention on
Prohibitions or Restrictions on the Use of Certain Conventional
Weapons Which May be Deemed to be Excessively Injurious or to
Have Indiscriminate Effects (``CCW Amendment''), adopted at
Geneva on December 21, 2001; and the CCW Protocol on Explosive
Remnants of War (``CCW Protocol V''), adopted at Geneva on
November 28, 2003. The United States, which actively
participated in the negotiations of each treaty, signed Geneva
Protocol III at Geneva on the date that it was adopted, and
joined the consensus adoption of the CCW Amendment and CCW
Protocol V. I recommend that these treaties be transmitted to
the Senate for its advice and consent to ratification.
Geneva Protocol III. Geneva Protocol III establishes a new
distinctive emblem, a Red Crystal, in addition to and for the
same purposes as the Red Cross and the Red Crescent emblems.
The Red Crystal is a neutral emblem that can be employed by
governments and national societies that face challenges using
the existing emblems or that believe that this neutral emblem
may offer enhanced protections in certain situations. In
addition, Geneva Protocol III will pave the way for Magen David
Adom, Israel's national society, to become a member of the
International Red Cross and Red Crescent Movement.
CCW Amendment. Article 1 of CCW as adopted in 1980 limited
the treaty's scope of application to international armed
conflict and wars of national liberation. In 1999, the United
States proposed expanding the scope of CCW as a whole to non-
international armed conflicts, thus according the civilian
population the same protections against the indiscriminate use
of landmines and certain other conventional weapons regardless
of the type of conflict. States Parties adopted this amendment
in 2001; it entered into force internationally on May 18, 2004.
CCW Protocol V. CCW Protocol V provides rules for what must
be done with respect to munitions that were intended to have
exploded during an armed conflict but failed to do so, in order
to reduce the threat such munitions pose to civilians and to
post-conflict reconstruction. CCW Protocol V will enter into
force on November 12, 2006, which is six months after twenty
states notified their consent to be bound by CCW Protocol V.
An overview of the provisions of each treaty is enclosed.
Legislation implementing Geneva Protocol III in a manner that
does not impose a cost on U.S. taxpayers is being submitted
separately to the Congress.
Conclusion. I believe that ratification of each of these
instruments, which promote the humanitarian objectives of the
United States, would advance the longstanding and historic
leadership of the United States in the law of armed conflict
and, augmented by the adoption of implementing legislation for
Geneva Protocol III, would be consistent with existing U.S.
legislation. The Departments of Defense and Justice, and the
U.S. Patent and Trademark Office (regarding Geneva Protocol
III), join me in recommending that these treaties be
transmitted to the Senate at an early date for its advice and
consent to ratification.
Respectfully submitted,
Condoleezza Rice.
Enclosure: As stated.