Text - Treaty Document: Senate Consideration of Treaty Document 109-10(C)All Information (Except Treaty Text)

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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.