{
  "id": "zw-1981-36",
  "type": "statute",
  "title": "Geneva Conventions Act",
  "title_en": "Geneva Conventions Act",
  "short_name": "zw-1981-36",
  "status": "in_force",
  "issued_date": "1981-01-01",
  "in_force_date": "1981-01-01",
  "url": "https://zimlii.org/akn/zw/act/1981/36/eng@2024-12-31",
  "provisions": [
    {
      "provision_ref": "s1",
      "section": "1",
      "title": "Short title",
      "content": "1. Short title This Act may be cited as the Geneva Conventions Act [Chapter 11:06] ."
    },
    {
      "provision_ref": "s2",
      "section": "2",
      "title": "Interpretation",
      "content": "2. Interpretation In this Act— “ court ” does not include a court martial or other military court; “ First Protocol ” means the Protocol additional to the scheduled Conventions which is set out in the Fifth Schedule. [definition inserted by section 2 of Act 22 of 1997 ] “ prisoners’ representative ”, in relation to a particular protected prisoner of war at a particular time, means the person by whom the functions of prisoners’ representative within the meaning of article 79 of the Convention set out in the Third Schedule were exercisable in relation to that prisoner at the camp or place at which that prisoner was, at or immediately before that time, detained as a protected prisoner of war ; “ protected internee ” means a person protected by the Convention set out in the Fourth Schedule or by the First Protocol , and interned in Zimbabwe; [definition substituted by section 2 of Act 22 of 1997 ] “ protected prisoner of war ” means a person— (a) protected by the Convention set out in the Third Schedule; (b) protected as a prisoner of war under the First Protocol ; or (c) entitled under the First Protocol to the same protection as a prisoner of war. [definition substituted by section 2 of Act 22 of 1997 ] “ protecting power ”, in relation to a protected prisoner of war or protected internee , means the power or organization which is carrying out, in the interests of the power of which that person is a national or of whose forces that person is or was at any material time a member, the duties assigned to protecting powers under the Convention set out in the Third, Fourth of Fifth Schedule, as the case may be; [definition amended by section 2 of Act 22 of 1997 ] “ scheduled Conventions ” means the Conventions set out in the First, Second, Third and Fourth Schedules. “ Second Protocol ” means the Protocol additional to the scheduled Conventions which is set out in the Sixth Schedule. [definition inserted by section 2 of Act 22 of 1997 ]"
    },
    {
      "provision_ref": "s3",
      "section": "3",
      "title": "Grave breaches of scheduled Conventions",
      "content": "3. Grave breaches of scheduled Conventions (1) Any person, whatever his nationality, who, whether in or outside Zimbabwe, commits any such grave breach of a scheduled Convention or of the First Protocol as is referred to in— (a) article 50 of the Convention set out in the First Schedule; or (b) article 51 of the Convention set out in the Second Schedule; or (c) article 130 of the Convention set out in the Third Schedule; or (d) article 147 of the Convention set out in the Fourth Schedule; or (e) paragraph 4 of article 11 of paragraph 2, 3 or 4 of the First protocol; shall be guilty of an offence. (2) A person guilty of an offence in terms of subsection (1) shall be liable— (a) in the case of a grave breach referred to in subsection (1) which involves the wilful killing of a person protected by the Convention in question, to be sentenced to imprisonment for a period not exceeding thirty years; [paragraph (a) amended by section 6 of Chapter 9:26 ] (b) in the case of any other such grave breach not referred to in paragraph (a) , to imprisonment for a period not exceeding fourteen years. (3) Where an offence in terms of this section has been committed outside Zimbabwe, the person concerned may be proceeded against, indicted, tried and punished therefor in any place in Zimbabwe as if the offence had been committed in that place, and the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that place. (4) If, in any trial for an offence in terms of this section, a question arises whether article 2 of any of the scheduled Conventions or article 3 or 4 of the First Protocol is applicable, that question shall be determined by the Minister responsible for foreign affairs and a certificate purporting— (a) to set out any such determination; and (b) to be signed by or on behalf of the Minister responsible for foreign affairs; shall be received in evidence on its production by any person and be deemed to be so signed without further proof, unless the contrary is shown. (5) No court martial or other military court shall have jurisdiction to try any person on a charge of contravening subsection (1) : Provided that a person may be tried by a court martial or military court for an offence which, in terms of any other enactment, is triable by such a court , notwithstanding that his conduct amounts also to a contravention of subsection (1) . (6) Where any person is brought before a court on a charge under this section, no further proceedings in respect thereof shall be taken against him without the authority of the Prosecutor-General, except such as the court may think necessary by way of remand to secure the due appearance of the person charged: Provided that nothing in this subsection shall be construed so as to deprive any person of any right conferred upon him by Part III of the Criminal Procedure and Evidence Act [Chapter 9:07] to institute a private prosecution for an offence under the common law against a person whom the Prosecutor-General has declined to prosecute on a charge under this section. [section as amended by section 3 of Act 22 of 1997 ]"
    },
    {
      "provision_ref": "s4",
      "section": "4",
      "title": "Notice of trial of protected person to be served on protecting power",
      "content": "4. Notice of trial of protected person to be served on protecting power (1) The court before which— (a) a protected prisoner of war is brought for trial for any offence; or (b) a protected internee is brought for trial for an offence for which that court has the power to sentence him to death or to imprisonment for a period of two years or more; shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2) , so far as they are known to the prosecutor, has been served not less than three weeks previously on the protecting power and, if the accused is a protected prisoner of war , on the accused and the prisoners representative. (2) The following particulars shall be contained in a notice referred to in subsection (1) — (a) the full name and description of the accused, including the date of his birth and his profession or trade, if any, and, if the accused is a protected prisoner of war , his rank and army, regimental, personal or serial number; and (b) the place of detention, internment or residence of the accused; and (c) the offence with which the accused is charged; and (d) the court before which the trial is to take place and the time and place appointed for the trial. (3) For the purposes of subsection (1) , a document purporting to be— (a) signed on behalf of the protecting power or by the prisoners’ representative or by the accused person, as the case may be; and (b) an acknowledgement of the receipt by that power, representative or person on a specified day of a notice described therein as a notice under this section; shall, unless the contrary is shown, be sufficient proof that the notice required by subsection (1) was served on that power, representative or person, as the case may be, on that day. (4) A court which adjourns a trial for the purpose of enabling the requirements of this section to be complied with may, notwithstanding anything to the contrary contained in any other law, remand the accused person for the period of the adjournment."
    },
    {
      "provision_ref": "s5",
      "section": "5",
      "title": "Legal representation",
      "content": "5. Legal representation (1) Subject to subsections (2) and (3) , the court before which— (a) a person is brought for trial for an offence in terms of subsection (1) of section three; or (b) a protected prisoner of war is brought for trial for any offence; shall not proceed with the trial unless— (i) the accused person is represented by a legal practitioner who is qualified to appear before the court ; and (ii) it is proved to the satisfaction of the court that a period of not less than fourteen days has elapsed since instructions for the representation of the accused at the trial were first given to the legal practitioner who is representing the accused; and, if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything in any other law, the court may remand the accused person for the period of the adjournment. (2) Where the accused person is a protected prisoner of war , in the absence of a legal practitioner accepted by the accused as representing him, a legal practitioner instructed for the purpose by or on behalf of the protecting power shall, without prejudice to the requirements of paragraph (ii) of subsection (1) , be regarded for the purposes of that subsection as representing the accused person. (3) Where the court adjourns a trial in terms of subsection (1) by reason that the accused person is not represented by a legal practitioner, the court shall direct that a legal practitioner be assigned to watch over the interests of the accused person at any further proceedings in connection with the offence and at any such further proceedings, in the absence of a legal practitioner accepted by the accused as representing him or instructed as referred to in subsection (2) , a legal practitioner assigned in terms of this subsection shall, without prejudice to the requirements of paragraph (ii) of subsection (1) , be regarded for the purposes of that subsection as representing the accused. (4) The Legal Assistance and Representation Act [Chapter 9:13] shall apply, mutatis mutandis , in relation to the manner in which a legal practitioner shall be assigned in terms of this section and in relation to the remuneration payable to any such legal practitioner on the completion of his duties."
    },
    {
      "provision_ref": "s6",
      "section": "6",
      "title": "Appeals by protected persons",
      "content": "6. Appeals by protected persons Where a protected prisoner of war or a protected internee has been sentenced to death or to imprisonment for a period of two years or more, the time within which he may give notice of appeal or notice of his application for leave to appeal to the High Court or the Supreme Court, as the case may be, shall, notwithstanding anything contained in any other law, be not less than the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of ten days after the date on which he receives a notice given by the officer in charge of the place at which he is interned or confined that the protecting power has been notified of his conviction and sentence."
    },
    {
      "provision_ref": "s7",
      "section": "7",
      "title": "Reduction of sentence and custody of protected person",
      "content": "7. Reduction of sentence and custody of protected person (1) In any case in which a protected prisoner of war or a protected internee is convicted of an offence and sentenced to a term of imprisonment, there shall be deducted from that term any period during which that person was in custody in connection with the offence, either on remand or after committal for trial, including the period of the trial, before the sentence began to run or is deemed to have begun to run. (2) The Minister responsible for justice may, where he is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, either on remand or after committal for trial, including the period of the trial, for an aggregate period of not less than three months, direct that the prisoner shall be transferred from that custody to the custody of an officer of the Defence Forces and thereafter remain in military custody at a camp or place in which protected prisoners of war are detained and be brought before the court at the time appointed by the remand or committal order."
    },
    {
      "provision_ref": "s8",
      "section": "8",
      "title": "Prevention of abuse of Red Cross and other emblems",
      "content": "8. Prevention of abuse of Red Cross and other emblems (1) Subject to this section and section 7 of the Zimbabwe Red Cross Society Act [Chapter 17:08] no person shall, without the authority in writing of the Minister responsible for health, use for any purpose whatsoever any of the following emblems or designations— (a) the emblem of a red cross with vertical and horizontal arms of the same length on, and completely surrounded by, a white ground, or the designation “Red Cross” or “Geneva Cross”; (b) the emblem of a red crescent moon on, and completely surrounded by, a white ground, or the designation “Red Crescent”; (c) the following emblem in red on, and completely surrounded by, a white ground, that is to say, a lion passing from right to left of, and with its face turned towards, the observer, holding erect in its raised right forepaw a scimitar, with, appearing above the lion’s back, the upper half of the sun shooting forth rays, or the designation “Red Lion and Sun”. (d) the sign of an equilateral blue triangle on and completely surrounded by an orange ground, being the international distinctive sign of civil defence; [paragraph inserted by section 4 of Act 22 of 1997 ] (e) any of the distinctive signals specified in Chapter III of Annex 1 of the First Protocol , being the signals of identification for medical units and transports. [paragraph inserted by section 4 of Act 22 of 1997 ] (2) Subject to this section, no person shall, without the authority in writing of the Minister responsible for health, use for any purpose whatsoever— (a) any design consisting of a white or silver cross with vertical and horizontal arms of the same length on, and completely surrounded by, a red ground, being the heraldic emblem of the Swiss Confederation, or any other design so nearly resembling that design as to be capable of being mistaken for that heraldic emblem; (b) any design or wording so nearly resembling any of the emblems or designations specified in subsection (1) as to be capable of being mistaken for or, as the case may be, understood as referring to one of those emblems. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine not exceeding level four. [subsection amended by section 4 of Act 2 of 2001 ] (4) A court convicting any person of an offence in terms of subsection (1) or (2) may order the forfeiture of any goods upon or in connection with which the emblem, designation, design or wording was used. (5) In the case of a trade mark registered before the 1st February, 1984, this section shall not apply by reason only of the trade mark consisting of or containing a design or wording which reproduces or resembles an emblem or designation specified in paragraph (b) or (c) of subsection (1) , and where a person is charged with using such a design or wording for any purpose and it is proved that he used it otherwise than as, or as part of, a trade mark registered before the 1st February, 1984, it shall be a defence for him to prove— (a) that he lawfully used that design or wording for that purpose before the 1st February, 1984; or (b) if he is charged with using the design or wording upon any goods, that the design or wording has been applied to the goods before he acquired them by some other person who had manufactured or dealt with the goods in the course of trade and who lawfully used the design or wording upon similar goods before the 1st February, 1984. (5a) In the case of a trade mark registered before the date of commencement of the Geneva Conventions Amendment Act, 1997, this section shall not apply by reason only of the trade mark consisting of or containing a design which reproduces or resembles the sign specified in paragraph (d) of subsection (1) , and where a person is charged with using such a design for any purpose and it is proved that he used it otherwise than as, or as part of a trade mark registered before that date, it shall be a defence for him to prove– (a) that he lawfully used that design for that purpose before that date; or (b) if he is charged with using the design upon any goods or article, that the design was applied to the goods or article before he acquired them or it, as the case may be, by some other person who had manufactured or dealt with the goods or article in the course of trade and who lawfully used the design upon similar goods or articles before that date. [subsection inserted by section 4 of Act 22 of 1997 ] (6) The provisions of subsection (6) of section three shall apply, mutatis mutandis , in relation to proceedings for an offence under this section. First Schedule (Section 3) Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949 [The sidenotes below form no part of the Convention and have been inserted for ease of reference only] The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Geneva Convention for the Relief of the Wounded and Sick in Armies in the Field of July 27, 1929, have agreed as follows: Chapter I General provisions Article 1 – Respect for the Convention The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. Article 2 – Application of the Convention In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. Article 3 – Conflicts not of an international character In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. (2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. Article 4 – Application by neutral Powers Neutral Powers shall "
    }
  ],
  "definitions": [
    {
      "term": "court",
      "definition": "court ” does not include a court martial or other military court",
      "source_provision": "s2"
    },
    {
      "term": "First Protocol",
      "definition": "First Protocol ” means the Protocol additional to the scheduled Conventions which is set out in the Fifth Schedule",
      "source_provision": "s2"
    },
    {
      "term": "prisoners’ representative",
      "definition": "prisoners’ representative ”, in relation to a particular protected prisoner of war at a particular time, means the person by whom the functions of prisoners’ representative within the meaning of article 79 of the Convention set out in the Third Schedule were exercisable in relation to that prisoner at the camp or place at which that prisoner was, at or immediately before that time, detained as a protected prisoner of war",
      "source_provision": "s2"
    },
    {
      "term": "protected internee",
      "definition": "protected internee ” means a person protected by the Convention set out in the Fourth Schedule or by the First Protocol , and interned in Zimbabwe",
      "source_provision": "s2"
    },
    {
      "term": "protecting power",
      "definition": "protecting power ”, in relation to a protected prisoner of war or protected internee , means the power or organization which is carrying out, in the interests of the power of which that person is a national or of whose forces that person is or was at any material time a member, the duties assigned to protecting powers under the Convention set out in the Third, Fourth of Fifth Schedule, as the case may be",
      "source_provision": "s2"
    },
    {
      "term": "scheduled Conventions",
      "definition": "scheduled Conventions ” means the Conventions set out in the First, Second, Third and Fourth Schedules",
      "source_provision": "s2"
    },
    {
      "term": "Second Protocol",
      "definition": "Second Protocol ” means the Protocol additional to the scheduled Conventions which is set out in the Sixth Schedule",
      "source_provision": "s2"
    },
    {
      "term": "protected prisoner of war",
      "definition": "protected prisoner of war ” means a person— (a) protected by the Convention set out in the Third Schedule; (b) protected as a prisoner of war under the First Protocol ; or (c) entitled under the First Protocol to the same protection as a prisoner of war. [definition substituted by section 2 of Act 22 of 1997 ]",
      "source_provision": "s2"
    }
  ]
}