Geneva Conventions Act ( R.S.C. , 1985, c. G-3)

1 This Act may be cited as the Geneva Conventions Act .

• R.S., c. G-3, s. 1

Conventions Approved

Marginal note: Conventions approved

• 2 (1) The Geneva Conventions for the Protection of War Victims, signed at Geneva on August 12, 1949 and set out in Schedules I to IV, are approved.
• Marginal note: Protocols approved (2) The Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts, and the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of non-international armed conflicts, which Protocols are set out in Schedules V and VI, respectively, are approved.
• Marginal note: Protocol approved (3) The Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the adoption of an additional distinctive emblem, which Protocol is set out in Schedule VII, is approved.

• R.S., 1985, c. G-3, s. 2
• 1990, c. 14, s. 1
• 2007, c. 26, s. 1

PART I Grave Breaches

Marginal note: Grave breaches

• 3 (1) Every person who, whether within or outside Canada, commits a grave breach referred to in Article 50 of Schedule I, Article 51 of Schedule II, Article 130 of Schedule III, Article 147 of Schedule IV or Article 11 or 85 of Schedule V is guilty of an indictable offence, and
  • (a) if the grave breach causes the death of any person, is liable to imprisonment for life; and
  • (b) in any other case, is liable to imprisonment for a term not exceeding fourteen years.
  • R.S., 1985, c. G-3, s. 3
  • 1990, c. 14, s. 2
  • 2007, c. 26, s. 2
  • 2019, c. 15, s. 57

  PART II Legal Proceedings in Respect of Protected Persons

  Marginal note: Definitions

  4 In this Part,

  includes a General Court Martial and a Standing Court Martial convened under the National Defence Act ; ( tribunal )

  means any act or omission that is an offence under the Criminal Code or any other Act of Parliament or that is a grave breach referred to in section 3; ( infraction )

  , in relation to a protected prisoner of war, means the person elected or recognized as that prisoner’s representative pursuant to Article 79 of the Geneva Convention set out in Schedule III; ( représentant )

  means a person interned in Canada who is protected by the Geneva Convention set out in Schedule IV; ( interné protégé )

  means a prisoner of war who is protected by the Geneva Convention set out in Schedule III; ( prisonnier de guerre protégé )

  • (a) in relation to a protected prisoner of war, the country or organization that is carrying out, in the interests of the country of which that prisoner is a national or of whose forces that prisoner is or was a member at the time of his being taken prisoner of war, the duties assigned to protecting powers under the Geneva Convention set out in Schedule III, and
  • (b) in relation to a protected internee, the country or organization that is carrying out, in the interests of the country of which that internee is or was a national at the time of his internment, the duties assigned to protecting powers under the Geneva Convention set out in Schedule IV. ( puissance protectrice )
  • R.S., 1985, c. G-3, s. 4
  • 1990, c. 14, s. 3
  • 2008, c. 29, s. 30

  Marginal note: Notice of trial of protected persons

  • 5 (1) The court before which
    • (a) a protected prisoner of war is brought for trial for an offence, or
    • (b) a protected internee is brought for trial for an offence for which that court has power to sentence that internee to death or to imprisonment for a term of two years or more,

    shall not proceed with the trial until it is proved to the satisfaction of the court that written notice of the trial containing, where known to the prosecutor, the information mentioned in subsection (2) has been given to the accused and the accused’s protecting power, not less than three weeks before the commencement of the trial, and, where the accused is a protected prisoner of war, to his prisoners’ representative.

    • (a) the full name and a description of the accused, including his date of birth, profession or trade and, if the accused is a protected prisoner of war, his rank and army, regimental, personal or serial number;
    • (b) the place of detention, internment or residence of the accused;
    • (c) the offence with which the accused is charged; and
    • (d) the court before which the trial of the accused is to take place and the time and place appointed for the trial.
    • R.S., c. G-3, s. 5

    Marginal note: Time for appeal from sentence of death or imprisonment for two years or more

    • 6 (1) Where a protected prisoner of war or a protected internee has been sentenced by a court to death or to imprisonment for a term of two years or more, the time allowed for an appeal against the conviction or sentence or against the decision of a court of appeal not to allow, dismiss or quash the conviction or sentence shall run from the day on which the protecting power has been notified of the conviction and sentence by
      • (a) an officer of the Canadian Forces, in the case of a protected prisoner of war; or
      • (b) the Minister of Foreign Affairs, in the case of a protected internee.
      • (a) a precise wording of the finding and sentence;
      • (b) a summary of any preliminary investigation and of the trial and, in particular, of the elements of the prosecution and defence; and
      • (c) a copy of any order denying pardon or reprieve to that person.
      • R.S., 1985, c. G-3, s. 6
      • 1995, c. 5, s. 25

      Marginal note: Prisoner of war subject to Code of Service Discipline

      • 7 (1) Every prisoner of war is subject to the Code of Service Discipline as defined in section 2 of the National Defence Act and every prisoner of war who is alleged to have committed an offence referred to in subsection 3(1) shall be deemed to have been subject to the Code of Service Discipline at the time the offence was alleged to have been committed.
      • Marginal note: Under command of unit having custody (2) A prisoner of war described in subsection (1) shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of such unit or other element of the Canadian Forces as may be holding that prisoner in custody.
      • R.S., 1985, c. G-3, s. 7
      • 1990, c. 14, s. 4

      Marginal note: Regulations respecting prisoners of war

      8 Subject to this Act, the Minister of National Defence may make such regulations as the Minister deems necessary respecting prisoners of war held by the Canadian Forces, including regulations to carry out and give effect to the provisions of the Geneva Convention set out in Schedule III respecting protected prisoners of war.

      • R.S., c. G-3, s. 8

      PART III General

      Marginal note: Certificate of Minister of Foreign Affairs

      9 A certificate issued by or under the authority of the Minister of Foreign Affairs stating that at a certain time a state of war or of international or non-international armed conflict existed between the states named therein or in any state named therein is admissible in evidence in any proceedings for an offence referred to in this Act without proof of the signature or authority of the person appearing to have issued it and is proof of the facts so stated.

      • R.S., 1985, c. G-3, s. 9
      • 1990, c. 14, s. 5
      • 1995, c. 5, s. 25