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I. THE GENEVA CONVENTIONS AND UNITED NATIONS PERSONNEL (PROTOCOLS) ACT 2009: A MOVE AWAY FROM THE MINIMALIST APPROACH

The Geneva Conventions and United Nations Personnel (Protocols) Act 2009 makes the necessary changes in domestic law to enable the United Kingdom to ratify two treaties. The first treaty, the 2005 Third Additional Protocol to the 1949 Geneva Conventions, establishes an additional distinctive (protective) emblem, the red crystal. The second, the 2005 Optional Protocol to the 1994 Convention on the Safety of United Nations and Associated Personnel, extends the legal protection given to personnel involved in two types of UN operations: operations for the purpose of delivering humanitarian, political or development assistance in peacebuilding, and operations for the purpose of delivering emergency humanitarian assistance. As the Foreign Office Minister of State explained, ‘[b]oth agreements aim to enhance the protection of personnel operating with a humanitarian purpose.’ The Bill gave rise to protracted debate at Second Reading in the House of Commons, in particular, on the first clause concerning the red crystal emblem. This is deceptive since the leadership of the three main political parties—Labour, Conservative and Liberal Democrat—were generally united in their support for the Bill. The debate was stimulated for essentially extraneous reasons connected with an unrelated matter of Parliamentary procedure. The fact that it had little to do with the substance of the Bill was seen by the fact that the Bill itself passed without a vote and even on the procedural motion, the Conservative Front Bench voted with the Government.