¹ Hansard HL col 189 (27 Jan 2009). An additional common feature is that, by chance, both treaties were signed on 8 December 2005.

² There was a feeling of anger among some Conservative back-bench MPs that they had been treated unfairly by the Government Whips, who had kept them up late a few nights earlier in a debate on another Bill. They decided to filibuster.

³ Hansard col 982 (1 Apr 2009).

⁴ Handbook of the International Red Cross and Red Crescent Movement (14th edn, International Committee of the Red Cross and International Federation of Red Cross and Red Crescent Societies, Geneva, 2008), inset between 19–31.

⁵ JS Pictet (ed), Commentary to Geneva Convention I of 12 August 1949 (International Committee of the Red Cross, Geneva, 1952) 297.

⁶ Art 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, of 12 August 1949 (Geneva Convention I). The text can be found in Adam Roberts and Richard Guelff (eds), Documents on the Laws of War (3^rd edn, Oxford University Press, Oxford, 2000) 197, 211–212.

⁷ Art 8 of the Resolutions of the Geneva International Conference of 1863, Handbook of the International Red Cross and Red Crescent Movement (n 4) 516.

⁸ For a fuller explanation, see Michael Meyer, ‘The proposed new neutral protective emblem: a long-term solution to a long-standing problem’ in Richard Burchill, Nigel D White and Justin Morris (eds), International Conflict and Security Law (Cambridge University Press, Cambridge, 2005) 88–89, 93–94.

⁹ Details of the points made in this section can be found in François Bugnion, Towards a Comprehensive Solution to the Question of the Emblem (International Committee of the Red Cross, Geneva, 2000). Also see Dr Bugnion's earlier work The Emblem of the Red Cross: A brief history (International Committee of the Red Cross, Geneva, 1977).

¹⁰ Conflicts where the red cross and red crescent emblems have not been as well respected include Somalia, Chechnya, Afghanistan and Iraq. In at least some cases, this was felt to be due to the religious or national/ethnic significance attached to these emblems. They might be perceived as being identified with an enemy.

¹¹ Statutes of the International Red Cross and Red Crescent Movement 1986, art 4(5), prior to amendment in 2006. This is found in the Handbook of the International Red Cross and Red Crescent Movement (13th edn, International Committee of the Red Cross and International Federation of Red Cross and Red Crescent Societies, Geneva, 1994) 415, 421.

¹² The full text of Additional Protocol III is printed in the Handbook of the International Red Cross and Red Crescent Movement (n 4) 323.

¹³ Art 2(1) of the Third Additional Protocol.

¹⁴ Art 2(4) of the Third Additional Protocol.

¹⁵ Art 3(3) for National Societies, and art 4 for the International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies. For National Societies there is an additional condition: such temporary use of the red crystal emblem must also be in accordance with national legislation.

¹⁶ Geneva Conventions Act 1957, c. 52. There have been Geneva Convention(s) Acts since 1911, to enable ratification to take place of successive Geneva Conventions. The previous major revision was the Geneva Conventions (Amendment) Act 1995, which was the ratification legislation for the two 1977 Additional Protocols to the 1949 Geneva Conventions (see Peter Rowe and Meyer, Michael A, ‘The Geneva Conventions (Amendment) Act 1995: A generally minimalist approach’ (1996) 45 ICLQ 476Google Scholar).

¹⁷ The Third Additional Protocol refers only to the ‘third Protocol’ emblem, not the red crystal. At the time of its negotiation, this seemed the best way to attract consensus on the text. However, almost immediately, the third Protocol emblem was referred to as the ‘red crystal’ and following adoption of the Protocol in December 2005, this name was endorsed by the 29^th International Conference of the Red Cross and Red Crescent in June 2006. In Resolution 1, the International Conference ‘decide[d] that the Third Protocol emblem will henceforth be designated as the “red crystal” ’ (operative paragraph 2). The International Conference of the Red Cross and Red Crescent is composed of delegations of all the States Parties to the 1949 Geneva Conventions, as well as delegations from the recognised National Red Cross and National Red Crescent Societies, the ICRC and the International Federation of Red Cross and Red Crescent Societies.

¹⁸ Art 53 of 1949 Geneva Convention I sets out different rules for prior users of the red cross emblem and of the red crescent and red lion and sun emblems. The regime for the red cross emblem is more restrictive.

¹⁹ S 6(1) and 6(2)(b) of the Geneva Conventions Act 1957 (as amended), respectively.

²⁰ This is punishable by a fine up to level 5 on the national scale and/or by forfeiture: section 6(3).

²¹ S 6A(1).

²² S 1(2) and 1(3) of the Geneva Conventions and United Nations Personnel (Protocols) Act 2009.

²³ S 1(4) of the 2009 Act.

²⁴ S1(5).

²⁵ J-F Quéguiner, ‘Commentary on the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III)’ (2007) 89 International Review of the Red Cross 198.

²⁶ The full text of the Convention is printed in A Roberts and R Guelff (eds) (n 6) 627.

²⁷ For an account of the Convention, see Christine Bourloyannis-Vrailas, M, ‘The Convention on the Safety of United Nations and Associated Personnel’ (1995) 44 ICLQ 560CrossRefGoogle Scholar.

²⁸ United Nations Personnel Act 1997, c. 13.

²⁹ See Report of the Secretary-General on the Scope of Legal Protection Under the Convention on the Safety of United Nations and Associated Personnel, UN Doc A/55/637, dated October 2000.

³⁰ For an appraisal of the Protocol, see Llewellyn, H, ‘The Optional Protocol to the 1994 Convention on the Safety of United Nations and Associated Personnel’ (2006) 55 ICLQ 718CrossRefGoogle Scholar.

³¹ S 2(1) of the 2009 Act.

³² S 2(2) and 2(3).

³³ S 2(4).

³⁴ S 3(1) of the Geneva Conventions and United Nations Personnel (Protocols) Act 2009.

³⁵ The Geneva Conventions and United Nations Personnel (Protocols) Act 2009 (Commencement No. 1) Order 2009 (SI 2892/2009).

³⁶ Art 11(2) of the Third Additional Protocol.

³⁷ S 1(8).

³⁸ S 3(3). A similar provision in s 3(4) also provides for the extension of s 2.

³⁹ Geneva Conventions and United Nations Personnel (Protocols) Bill [HL], Explanatory Notes, 17^th December 2008, 1.