European Convention of Human Rights
10.The effect of section 1 is such that it might be considered a “control [on] the use of property” within the meaning of Article 1 of the First Protocol to the European Convention on the Human Rights (“ECHR”). However, this control would be “in accordance with the general interest” and therefore compatible with the ECHR, because the prevention of misuse is required by an international instrument and is necessary to protect the new humanitarian symbol which is aimed at preserving human life.
11.In addition, section 1 extends the application of existing offences in the Geneva Conventions Act 1957 and section 2 does the same for the United Nations Personnel Act 1997. However, any prosecutions for those offences would be compatible with the ECHR because the ordinary provisions of the criminal justice system already secure the right to a fair trial guaranteed by the ECHR.
12.Lord Malloch-Brown has made the following statement under section 19(1)(a) of the Human Rights Act 1998:-
“In my view the provisions of the Geneva Conventions and United Nations Personnel (Protocols) Act are compatible with the Convention rights”.