    [Senate Treaty Document 109-10]
    [From the U.S. Government Publishing Office]

    109th Congress
     2d Session                      SENATE                     Treaty Doc.
                                                                     109-10
    _______________________________________________________________________

    PROTOCOL III TO 1949 GENEVA CONVENTION AND AN AMENDMENT AND PROTOCOL TO
                      1980 CONVENTIONAL WEAPONS CONVENTION

                                   __________

                                    MESSAGE

                                      from

                       THE PRESIDENT OF THE UNITED STATES

                                  transmitting

     PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND
       RELATING TO THE ADOPTION OF AN ADDITIONAL DISTINCTIVE EMBLEM (THE
     ``GENEVA PROTOCOL III''), ADOPTED AT GENEVA ON DECEMBER 8, 2005, AND
    SIGNED BY THE UNITED STATES ON THAT DATE; THE AMENDMENT TO ARTICLE 1 OF
     THE CONVENTION ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF CERTAIN
    CONVENTIONAL WEAPONS WHICH MAY BE DEEMED TO BE EXCESSIVELY INJURIOUS OR
      TO HAVE INDISCRIMINATE EFFECTS (THE ``CCW AMENDMENT''); AND THE CCW
          PROTOCOL EXPLOSIVE REMNANTS OF WAR (THE ``CCW PROTOCOL V'')

     June 20, 2006.--Treaty was read the first time, and together with the
    accompanying papers, referred to the Committee on Foreign Relations and
                 order to be printed for the use of the Senate
                             LETTER OF TRANSMITTAL

                                  ----------

                                        The White House, June 20, 2006.
    To The Senate of the United States:
        With a view to receiving the advice and consent of the
    Senate to ratification, I transmit herewith: the Protocol
    Additional to the Geneva Conventions of 12 August 1949, and
    relating to the Adoption of an Additional Distinctive Emblem
    (the ``Geneva Protocol III''), adopted at Geneva on December 8,
    2005, and signed by the United States on that date; the
    Amendment to Article 1 of the Convention on Prohibitions or
    Restrictions on the Use of Certain Conventional Weapons Which
    May be Deemed to be Excessively Injurious or to Have
    Indiscriminate Effects (the ``CCW Amendment''); and the CCW
    Protocol on Explosive Remnants of War (the ``CCW Protocol V'').
    I transmit, for the information of the Senate, the report of
    the Department of State concerning these treaties.
        Geneva Protocol III. Geneva Protocol III creates a new
    distinctive emblem, a Red Crystal, in addition to and for the
    same purposes as the Red Cross and the Red Crescent emblems.
    The Red Crystal is a neutral emblem that can be employed by
    governments and national societies that face challenges using
    the existing emblems. In addition, Geneva Protocol III will
    pave the way for Magen David Adom, Israel's national society,
    to achieve membership in the International Red Cross and Red
    Crescent Movement. Legislation implementing Geneva Protocol III
    will be submitted to the Congress separately.
        CCW Amendment. The amendment to Article 1 of the CCW, which
    was adopted at Geneva on December 21, 2001, eliminates the
    distinction between international and non-international armed
    conflict for the purposes of the rules governing the
    prohibitions and restrictions on the use of certain
    conventional weapons. It does not change the legal status of
    rebel or insurgent groups into that of protected or privileged
    belligerents.
        CCW Protocol V. CCW Protocol V, which was adopted at Geneva
    on November 28, 2003, addresses the post-conflict threat
    generated by conventional munitions such as mortar shells,
    grenades, artillery rounds, and bombs that do not explode as
    intended or that are abandoned. CCW Protocol V provides for the
    marking, clearance, removal, and destruction of such remnants
    by the party in control of the territory in which the munitions
    are located.
        Conclusion. I urge the Senate to give prompt and favorable
    consideration to each of these instruments and to give its
    advice and consent to their ratification. These treaties are in
    the interest of the United States, and their ratification would
    advance the longstanding and historic leadership of the United
    States in the law of armed conflict.

                                                        George W. Bush.
                              LETTER OF SUBMITTAL

                                  ----------

                                           Department of State,
                                         Washington, DC, June 12, 2006.
    The President,
    The White House.
        Mr. President: I have the honor to submit to you the
    following treaties with a view to their transmittal to the
    Senate for advice and consent to ratification: the Protocol
    Additional to the Geneva Conventions of 12 August 1949, and
    relating to the Adoption of an Additional Distinctive Emblem
    (``Geneva Protocol III''), adopted at Geneva on December 8,
    2005; the Amendment to Article 1 of the Convention on
    Prohibitions or Restrictions on the Use of Certain Conventional
    Weapons Which May be Deemed to be Excessively Injurious or to
    Have Indiscriminate Effects (``CCW Amendment''), adopted at
    Geneva on December 21, 2001; and the CCW Protocol on Explosive
    Remnants of War (``CCW Protocol V''), adopted at Geneva on
    November 28, 2003. The United States, which actively
    participated in the negotiations of each treaty, signed Geneva
    Protocol III at Geneva on the date that it was adopted, and
    joined the consensus adoption of the CCW Amendment and CCW
    Protocol V. I recommend that these treaties be transmitted to
    the Senate for its advice and consent to ratification.
        Geneva Protocol III. Geneva Protocol III establishes a new
    distinctive emblem, a Red Crystal, in addition to and for the
    same purposes as the Red Cross and the Red Crescent emblems.
    The Red Crystal is a neutral emblem that can be employed by
    governments and national societies that face challenges using
    the existing emblems or that believe that this neutral emblem
    may offer enhanced protections in certain situations. In
    addition, Geneva Protocol III will pave the way for Magen David
    Adom, Israel's national society, to become a member of the
    International Red Cross and Red Crescent Movement.
        CCW Amendment. Article 1 of CCW as adopted in 1980 limited
    the treaty's scope of application to international armed
    conflict and wars of national liberation. In 1999, the United
    States proposed expanding the scope of CCW as a whole to non-
    international armed conflicts, thus according the civilian
    population the same protections against the indiscriminate use
    of landmines and certain other conventional weapons regardless
    of the type of conflict. States Parties adopted this amendment
    in 2001; it entered into force internationally on May 18, 2004.
        CCW Protocol V. CCW Protocol V provides rules for what must
    be done with respect to munitions that were intended to have
    exploded during an armed conflict but failed to do so, in order
    to reduce the threat such munitions pose to civilians and to
    post-conflict reconstruction. CCW Protocol V will enter into
    force on November 12, 2006, which is six months after twenty
    states notified their consent to be bound by CCW Protocol V.
        An overview of the provisions of each treaty is enclosed.
    Legislation implementing Geneva Protocol III in a manner that
    does not impose a cost on U.S. taxpayers is being submitted
    separately to the Congress.
        Conclusion. I believe that ratification of each of these
    instruments, which promote the humanitarian objectives of the
    United States, would advance the longstanding and historic
    leadership of the United States in the law of armed conflict
    and, augmented by the adoption of implementing legislation for
    Geneva Protocol III, would be consistent with existing U.S.
    legislation. The Departments of Defense and Justice, and the
    U.S. Patent and Trademark Office (regarding Geneva Protocol
    III), join me in recommending that these treaties be
    transmitted to the Senate at an early date for its advice and
    consent to ratification.
                Respectfully submitted,
                                                      Condoleezza Rice.
        Enclosure: As stated.