IHL Magazine Number 16: Issue 1, 2009

The emblems and the Third Additional Protocol Inside this Issue Editorial

In this edition of our international humanitarian law magazine the

“A history of the emblems” by focus is on the red cross, red crescent and red crystal emblems. Christopher Lamb - Special These emblems are internationally recognised symbols of Adviser, International Federation protection and neutrality. They save lives in times of armed of Red Cross and Red Crescent confl ict. The legal protections accorded to these emblems Societies - page 3 allow humanitarian workers, in particular representatives from the International Committee of the Red Cross and National Societies across the world, to evacuate and care for wounded “The emblems, the ADF and the civilians without delay or discrimination. Medical and religious Additional Protocol” by David Mason personnel within Defence Forces also use the emblem in their - Counsel, Directorate of Operations activities. Such life-saving work is not possible without respect and International Law, Defence Legal, Department of Defence - for these emblems; ensuring their correct use in times of war page 8 and peace is a fundamental part of the protection of civilians. International Humanitarian Law (IHL) establishes which persons and institutions are entitled to use the red cross and red “Misuse of the Red Cross emblem: current issues and crescent emblems, under what conditions they may do so, and future challenges” by Jonathan the measures that may be taken to punish any emblem misuse. Crowe - Senior Lecturer, TC The national implementation of IHL treaties is the responsibility Beirne School of Law, University of States, who then become responsible for ensuring respect of Queensland - page 10 for the emblems. Australian Red Cross has been granted permission by the Minister of Defence to use the emblem to identify people, programs and objects connected with its “International law, Red Cross humanitarian activities. It also assists the government to ensure and a biscuit” by Helen Durham - the emblem is not misused within Australia. Strategic Adviser, International Law and Special Projects, Australian In January 2007, a third Additional Protocol to the Geneva Red Cross - page 16 Conventions entered into force. This completed the process of establishing an additional emblem for use by Governments and the International Red Cross and Red Crescent Movement. The “Red Crystal emblem in International Humanitarian Law” coming into force of the Protocol – and with it the additional – Why is it important?” by Kylie emblem of the red crystal – is warmly welcomed by Australian Weston-Scheuber - Senior Legal Red Cross. Offi cer, Offi ce of the Commonwealth Director of Public Prosecutions - Those of us who live without armed confl ict must protect, page 18 nurture and educate people about the meaning of the red cross emblems. The emblems must be readily recognised and respected around the world as a trusted symbol of protection “The emblems in the fi eld - views and humanitarian aid. from a delegate, an interview with Christopher Cliff” by Branka Gajic Robert Tickner - NSW IHL Offi cer, Australian Red Chief Executive Offi cer Cross - page 20 Australian Red Cross

Cover Image - A test fl ag bearing the emblem of the red Disclaimer: The articles contained within crystal fl utters in the wind represent the views of the authors and not Photo: © ICRC / Thierry Gasmann necessarily those of Australian Red Cross. A history of the emblems by Christopher Lamb - Special Adviser, International Federation of Red Cross and Red Crescent Societies

“During a battle, a black fl ag fl oating from a high place is the usual means of showing the location of fi rst-aid posts or fi eld ambulances, and it is tacitly agreed that no one shall fi re in their direction.” This is Henry Dunant’s observation, from the battlefi eld at Solferino on 25 June 1859. Later in his famous Memoir of Solferino, Dunant notes with great regret that it will probably prove impossible to end the practice of warfare, or even to end the development of new and even more dangerous weapons, but he looks for a solution. He then asks: “Would it not be possible, in time of peace and quiet, to form relief societies for the purpose of having care given to the wounded in wartime by zealous, devoted and thoroughly qualifi ed volunteers?”

Continuing this search, he makes a Photo: © Creative Commons Attribution, Kevin Quinn, Ohio, US suggestion: Original document of the fi rst Geneva Convention, 1864.

“On certain special occasions, as, regard all questions from the one to protect the wounded and those for example, when princes of the limited standpoint of their own providing assistance to them – had military art belonging to different subjects.” been realised. nationalities meet …, would it not He concludes that this can be done, The fi rst steps towards the creation of be desirable that they should take societies were taken at a conference advantage of this sort of congress or at least an agreement can be found, but: convened in Geneva in October to formulate some international 1863 at the initiative of the newly principle, sanctioned by a “The whole problem lies in serious formed committee which was soon to Convention inviolate in character, preparation for work of this kind, become the International Committee which, once agreed upon and and in the actual formation of the of the Red Cross, and in August 1864 ratifi ed, might constitute the basis proposed societies”. the representatives of 13 European for societies for the relief of the Dunant witnessed the battle of countries adopted the fi rst Geneva wounded in the different European Solferino soon after his 31st birthday. Convention at a conference convened countries? It is the more important His memoir was published three years by the Swiss Federal Council. The to reach an agreement and concert later, in 1862, and in less than two Convention adopted the emblem measures in advance, because more years his central ideas – the formula which had been accepted for when hostilities once begin, the creation of voluntary aid societies societies by the 1863 Conference, belligerents are already ill-disposed and the establishment of a treaty and so the black fl ag seen by Dunant to each other, and thenceforth

IHL Magazine 3 Photo: © ICRC / P.Stroessle Afghanistan, Faryab province - Assistance is delivered jointly by the ICRC and the Afghan Red Crescent to families whose homes and belongings have been destroyed by heavy fl oods. was replaced by the reversal of the Red Cross sent delegates to the rebellion against it by Knez Milos in Swiss federal colours. battlefi elds of the German-Danish Serbia in 1815. The choice of the new emblem was war in February 1864. Both sides of The Turkish choice of the red a specifi c tribute to Switzerland, a the confl ict respected the role of the crescent is interesting for many country whose permanent neutrality delegates as neutral intermediaries on reasons. It is the reversal of the had been specifi cally accepted and behalf of the wounded and prisoners, Turkish colours, and also a reversal guaranteed by the Final Act of the and the action of the delegates of the direction of the national Congress of Vienna in 1815. led to the formation of red cross crescent – the national fl ag has a Societies in Denmark and Prussia. white crescent opening to the right The ideal of neutral voluntary relief Similar responses to red cross action societies quickly became a reality after on a red background, while the red followed in other confl icts in Europe crescent opens to the left on a white these events. Some were adapted from then on. from pre-existing peace or welfare background. The crescent itself is not societies, and others were established Turkey’s society was formed in 1868, an Islamic religious symbol, although fresh on the basis of the Convention. with the red cross as its emblem. it is commonly positioned on mosque Their use of the red cross on a white But, during the Russo-Turkish War of minarets and in other similar settings background, as prescribed by Article 1876-78 the Ottoman Porte decided and is now generally seen as an 7 of the Convention, as the symbol of not to use this emblem, and opted for indicator of the faith. their neutrality, and the introduction a red crescent instead. Although it is Its origins are, in fact, much older of the red cross into modern commonly believed that the reason than any modern religion, and has international humanitarian law had for this was that the red cross could been identifi ed in links to the Greek begun. give offence to Muslim soldiers, it is Goddess Artemis and, separately, also relevant that, for the Ottoman Red Cross action on battlefi elds was to the Sassanid dynasty which ruled Empire, the neutrality of the red cross Persia. It was used as a symbol of visible even before the Convention was compromised by the fact that was done, and the newly established Byzantium long before the days of the an equilateral red cross on a white Roman Empire. International Committee of the background had been raised in The fi rst country to use the red Israel’s inability to use either the red This discussion coincided with a rise crescent after Turkey was Egypt, cross or the red crescent because of in confl ict in the world on religious which chose to re-reverse the perceptions of religious connotations, or sectarian lines, with consequent direction of the crescent, and open or to admit other emblems jeopardy for Movement personnel it to the right. This denoted Egypt’s corresponding to national or religious carrying an emblem which might independence from Turkey, and the identifi cations. not be respected because of practice was followed by most of the The result was the maintenance misperceptions as to its origin or countries which later adopted the red of the 1929 status quo, but the purpose. By then, both the ICRC and crescent as their emblem. At present, consequence was that when Israel the International Federation of Red 152 countries use the red cross and ratifi ed the 1949 Conventions it Cross and Red Crescent Societies 33 the red crescent (of which 27 open lodged a reservation maintaining its (IFRC) believed that the problems to the right and 6 to the left). right to continue to use the red shield of misperception were so deeply The use of emblems other than the of David as its emblem. The red lion grounded in some communities that red cross was not properly formalised and sun continued to be used by the most practical way of ensuring in international humanitarian law until Iran, but that country moved to the protection for the Movement would the Geneva Convention of 1929, red crescent in 1980, leaving two include an option to use an emblem which also recognised the Red Lion emblems in active use. without any religious connotations. and Sun used by the Persian Empire Israel’s refusal to use any of the Work towards a practical solution as a distinctive emblem. By then, Convention emblems meant that on these lines began in earnest after however, the world community had applications by its Society, Magen the 26th International Red Cross accepted that the responsibilities of David Adom (MDA), to join the and Red Crescent Conference in National Societies went well beyond International Red Cross and Red 1995. All options were considered, wartime situations and that the Crescent Movement could not including those rejected in 1949. The emblems had both protective and be accepted. The Statutes of the result, less than fi ve years later, was indicative purposes. Movement, which are adopted by a decision to negotiate the adoption The Covenant of the League of Governments and National Societies by governments of a Third Additional Nations, adopted in 1919, specifi cally sitting together in the International Protocol to the Geneva Conventions recognised in its Article 25 that Conference of the Red Cross and to establish an additional emblem, but “The Members of the League agree Red Crescent, require that a Society, one with quite different characteristics to encourage and promote the to be a member, must use one of from the red cross and red crescent establishment and co-operation of these accepted emblems. Israel now in use. duly authorised voluntary national nevertheless maintained its Society It was decided, for example, that the Red Cross organisations having as and repeatedly sought recognition additional emblem should not seek purposes the improvement of health, for it. to replace the existing emblems, the prevention of disease and the There was widespread recognition but to stand alongside them on mitigation of suffering throughout in the Movement that the Israeli an equal basis. It would, however, the world”. Society was a capable and well- be an emblem that could be used When the time came for the Geneva functioning National Society, and by differently as a protective emblem in Convention to be updated in 1949, the early 1990s discussion had begun confl ict situations and as an indicative emblem issues arose from several about how to fi nd a solution which emblem in peacetime circumstances. different directions: either to return would accommodate MDA without It would also be without any form to the ideal of a single emblem disturbing the principle that there of religious, national or other used throughout the world, or to should ideally be a single emblem for connotations, and hence address all add another emblem to cope with use worldwide. the problems identifi ed with the other emblems.

At present, 152 countries use the red cross and 33 the red crescent (of which 27 open to the right and 6 to the left).

IHL Magazine 5 It was designed in recognition that 8 December 2005 at a Diplomatic emblems protected by international many, if not most, countries would Conference, the only emblem this law under which all States have be reluctant to give up the use of covered was the red shield of David. agreed to implement domestic legal their existing emblems. This was for The design also took account of the provisions to prohibit the misuse natural reasons: the population knew fact that the IFRC had adopted the or abuse of the emblems. This is of their own emblem, it was closely so-called “double emblem” or the essential, for without that protection associated with fundraising, and it red cross and red crescent in 1982, they cannot serve their fundamental had come to be seen as a national shortly after Iran ceased using the purpose of identifying as neutral and sign. The negotiators in Geneva red lion and sun. This device, which impartial the operations managed by understood that this point applied appeared to cover all misperceptions the Movement’s components. around the world, not just to Israel, derived from the use of either of those This protection is unique. No other and so the decision was to promote emblems alone, had come to be seen emblem, except of course the national a design which could be used fl exibly ten years later as another valid option emblems of countries, has similar for indicative purposes by Societies for some purposes, particularly in protection. This also underlines the operating in their own domestic countries where both Christianity and fact that the emblems are granted environments. Islam had a strong presence. by international law to countries for So, the design chosen in 2000 This combination of fl exibility for their use, and then through domestic allowed for the incorporation into indicative purposes and certainty for law to National Societies which, as its frame shape any of the existing protective purposes was seen as auxiliaries to their public authorities in emblems, or any combination of effectively ending calls for revisions of the humanitarian fi eld, use them with them, or any other emblem which, emblem provisions to allow for new the permission of their governments. in the words of the Protocol, had emblems. Although its early days We are still some way from the “been in effective use by a High were marred by political disputations, dream of 1863 for a single symbol of Contracting Party and was the subject the additional emblem, known as the neutrality, respected everywhere in of a communication to the other red crystal, is now widely accepted as the world. But the red crystal provides High Contracting Parties and the a distinctive emblem with the same the way forward to that dream, and it International Committee of the Red protective and indicative authority as is now necessary for all governments Cross through the depositary prior to the red cross and the red crescent. to take the steps set out in the Third the adoption of this Protocol”. The red crystal now stands alongside Protocol to the Geneva Conventions At the time of the adoption of the the red cross and the red crescent as and, working with the ICRC and the Protocol by governments on IFRC, to make it happen.

The red crystal now stands alongside the red cross and the red crescent as emblems protected by international law. Garanswayn, Bakool region, Somalia. A sick child undergoes a medical examination in a local clinic. Photo: © ICRC / P.Yazdi

IHL Magazine 13 emblems,The the ADF and the Additional Protocol by David Mason - Counsel, Directorate of Operations and International Law, Defence Legal, Department of Defence

The Australian Defence Force (ADF) • The ADF strives to ensure that Defence. Indeed, the Act makes it a has a deep understanding of the medical and religious personnel, crime to use the emblem without the importance of the distinctive emblems Red Cross and ICRC personnel Minister’s permission. The purpose of of the Geneva Conventions – an are afforded the fullest protection these provisions is to ensure that the understanding that has been forged possible during times of confl ict. distinctive emblems retain universal on operations across the world in acceptance and recognition on • Our personnel who wear the red which members of the ADF have operations and the battlefi eld, and, cross emblem – like all Australian served. in practical terms, to ensure that the troops – act at all times in protective purpose of the emblems Humanitarian personnel working accordance with their obligations remains strong and is not diluted. under the protection of the distinctive under the Geneva Conventions, emblems – in particular, members of and more generally, their obligations Australia has been a strong supporter the International Committee of the at international law. of the need for an additional protective Red Cross (ICRC) – have provided lifesaving assistance, aid, and succour to ADF members during Regrettably, events abroad have times of confl ict in the past century. shown that the protective purpose This practical experience underpins our particular pride in protecting the of the distinctive emblems distinctive emblems and the people working under them. continues to be challenged during Regrettably, events abroad have times of confl ict. shown that the protective purpose of the distinctive emblems continues to be challenged during times of These actions are part of the ADF’s emblem for the Red Cross/Red confl ict. Attacks on ICRC personnel broader commitment to uphold and Crescent Movement (the Movement) in Chechnya in 1996, East Timor in promote international humanitarian that is devoid of any religious, ethnic 1999 and Iraq in 2003 have starkly law. or political connotations. The Protocol additional to the Geneva Conventions demonstrated that humanitarian Our role in protecting the emblem of 12 August 1949, and relating to the workers operating under the of Red Cross is not limited to the Adoption of an Additional Distinctive distinctive emblems continue to face battlefi eld. In peacetime, too, the Emblem (Protocol III), establishes a serious threats in confl ict zones across Australian Government is proud to third universal and distinctive emblem our region and the world. protect the distinctive emblems in for the Movement which has no such accordance with Australia’s obligations Notwithstanding these challenges, the connotations and will enable those as a party to the Geneva Conventions. ADF remains committed to preserving National Societies which do not use the integrity of the distinctive Australia’s obligations to protect the either the red cross or red crescent to emblems. For example: emblems are implemented under the join the Movement, by adopting the • The ADF in its policies, training Geneva Conventions Act 1957. This proposed Protocol. Act gives the Minister for Defence a and operations specifi cally Australia signed the Third Additional special responsibility to protect the recognises the red cross and Protocol on 8 March 2006. The Joint distinctive emblems and prevent crescent as internationally accepted Standing Committee on Treaties their misuse. This Act prevents the emblems for medical and religious considered the Third Additional emblems being used – whether personnel, facilities, transports and Protocol and recommended binding inadvertently or deliberately – without activities. treaty action be taken on 16 August the express consent of the Minister for 2007. Photo: © Commonwealth of Australia 2005 Lieutenant Brent Barker, from Coffs Harbour, of the 2nd Air Transportable Health Squadron (Tindal Detachment), checks the medical cargo in the back of C-130J Hercules on his way to Papua New Guinea, as part of the health assessment team, to inspect the destruction left by Cyclone Guba.

Acceding to the Third Additional Once Australia has ratifi ed Third mistaken for one of them – should Protocol will require Australia to Additional Protocol and the amending seek the Minister’s permission. make minor amendments to the legislation has taken effect, the red The ADF keenly appreciates the Geneva Conventions Act 1957 (Cth) crystal will enjoy the same status in work of Australian Red Cross and and the Criminal Code Act 1995 Australia as the existing red cross and the ICRC in upholding and promoting (Cth) to include the new emblem red crescent emblems. international humanitarian law, and provide penalties for its misuse. The Minister for Defence, is committed and we will continue to champion The implementing legislation, the to protecting the emblems under his the principles represented by the Defence Legislation (Miscellaneous obligations in the Geneva Conventions distinctive emblems. Our appreciation Amendments) Bill 2008, was Act. The Minister will only give his of the power of the emblems is acute. introduced in Parliament on 3 permission to use the distinctive We recognise that they warrant December 2008 and was referred to emblems if he is satisfi ed that the the utmost respect and protection the Senate Foreign Affairs, Defence proposed use will not jeopardise the possible. and Trade Committee for Inquiry on protective purpose of the emblems. 4 December 2008. The Committee’s report is due on 20 February 2009. Australians have a strong respect for the distinctive emblems. Nevertheless, Once the legislation is passed by individuals and fi rms who are parliament, the approval of the Federal considering use of a distinctive Executive Council will be required for emblem (most commonly a red Australia to ratify the Third Additional cross) – or a design so resembling Protocol. an emblem as to be capable of being

IHL Magazine 9 Misuse ofred the cross emblem: Current issues and future challenges by Jonathan Crowe - Senior Lecturer, TC Beirne School of Law, University of Queensland

The red cross emblem is one of the The rescue was widely hailed as a pressure in ensuring that all parties in most widely recognised symbols daring coup: it involved the use of contemporary confl icts respect the in the world. This is as it should bogus communications to persuade signifi cance of the emblems. be: the emblem, along with the red FARC rebels to release the hostages The task of making combatants, crescent and the recently adopted red to a group posing as aid workers. offi cials and members of the public crystal, plays an indispensable role Photographs and video footage taken aware of the importance of the red in protecting humanitarian workers of soldiers about to embark on the cross emblem has not been aided by during armed confl icts. Misuse of the mission appeared to show one man inappropriate uses in peacetime. A protected emblems has long been a wearing a bib bearing the red cross famous example arose in relation to problem recognised by international emblem. the 1987 James Bond fi lm, The Living humanitarian law. Traditionally, The use of the red cross symbol Daylights, which depicted opium efforts to preserve the sanctity of the in this context constitutes a clear being smuggled in sacks marked emblems have centred on combating violation of international humanitarian with the red cross and a man being perfi dious uses, where the emblem is law. Article 44 of the First Geneva kidnapped in a helicopter bearing the deliberately employed by combatants Convention of 1949 reserves the emblem. to gain a military advantage. emblem for use by medical units More recently, similar issues have Nowadays, however, the ubiquity of and other humanitarian personnel, arisen in relation to depictions of the the red cross in popular culture also while Articles 37 and 38 of the red cross symbol in computer games poses another type of problem: its First Additional Protocol of 1977 and on the internet. The red cross is use on television and in movies, as expressly prohibit its use as a ruse to widely used in war-based computer well as in computer games and on invite the confi dence of the enemy. games to denote medical equipment the internet, poses the risk that its Although the above conventions only or installations, and is sometimes protective function will gradually come cover international armed confl icts, shown on personnel or vehicles to be diluted. The problem here is not the same principles are widely taking part in combat. The use of deliberate abuse of the emblem in the recognised as applying in all forms the emblem in these contexts led context of armed confl ict, but rather of warfare. Article 12 of the Second Canadian Red Cross society to write its casual or inadvertent misuse in Additional Protocol of 1977 prohibits to game manufacturers in early 2006, peacetime contexts unconnected to the improper use of the protected but the practice has proved diffi cult to its proper function under the Geneva emblems in internal confl icts. change. This is no doubt partly due Conventions. The Colombian civil war has also to the ubiquitous and unauthorised A recent example of misuse of thrown up other instances of the use of the emblem in other forms the red cross emblem in armed perfi dious use of the red cross of popular culture, which belies the confl ict arose in the context of the symbol. The two main rebel groups, seriousness of the underlying issue. civil war in Colombia. On 2 July FARC and the smaller National The contemporary importance of the 2008, Colombian security forces Liberation Army, have been known internet as a source of information rescued 15 hostages, including to exploit the protected emblems, and entertainment has introduced former presidential candidate Ingrid sometimes transporting armed a new challenge in monitoring Betancourt, who had been held for combatants in ambulances. These and discouraging unauthorised up to ten years by the Revolutionary examples illustrate the importance of use of the protected emblems. Armed Forces of Colombia (FARC). dissemination, monitoring and political A report by the World Intellectual Property Organisation in April 2002 noted a range of misuses of the The use of the red cross on emblems in domain names and on websites, including their association television and in movies, as well with pornography, online retailers and various political groups. The as in computer games and on the transnational and rapidly evolving internet, poses the risk that its nature of online information makes these types of abuses particularly protective function will gradually diffi cult to counteract. come to be diluted. The abuses of the red cross emblem in Colombia and its inappropriate depiction in popular culture may appear to raise quite different issues. It is tempting to view misuses of the protected emblems in peacetime as trivial compared to perfi dious uses in wartime. However, the effectiveness of the emblems relies on participants in armed confl icts recognising and respecting their protective function. Their misuse in popular culture holds clear potential to dilute this signifi cance, fuelling a blasé attitude that can only encourage abuses such as those in the Colombian confl ict.

Displaying the emblem to protect combatants or military equipment engaging in hostile acts is a clear case of misuse. Perfi dious use of the emblem, when causing death or serious personal injury, is considered a war crime.

IHL Magazine 11 The emblems - universally recognised symbols of protection and assistance Photo: © ICRC / J. van Heerden

During armed confl ict the emblem is worn by military and civilian medical personnel and (above) Sri Lanka, Medawachchi, Trincomalee region - A relief shown on medical facilities, vehicles, stores and distribution for people displaced by equipment. The ICRC also uses the emblem in confl ict who also became survivors its humanitarian work. Targeting or misuse may of the tsunami. amount to war crimes. Misuse during peacetime is (right) Central African Republic, an offence punished by a fi ne. near Kaga Bandoro - Displaced families carrying household items received from the ICRC. Photo: © ICRC / J.Björgvinsson Photo: © ICRC / B.Heger Photo: © ICRC / P.Yazdi

Somalia, K50 airport - Medical supplies being unloaded. The Red Cross emblem displayed on the wings of the ICRC aircrafts ensures their safety. Photo: © ICRC / Yannick Muller Photo: © ICRC / Yannick

(left) Timor-Leste 2000, Leorema (above) Afghanistan - An ICRC village, water supply. medical convoy carrying fresh supplies for the Kabul hospital (top) Somalia, K50 airport - Medical makes its way from Peshawar. supplies being unloaded. The red cross emblem displayed on the wings of the ICRC aircrafts ensures their safety. International law, Red Cross and a biscuit

by Dr Helen Durham - The domestic regulation of the red and would then agree to cease using Strategic Adviser, International cross emblem within Australia is not this international protection emblem. Law and Special Projects, the easiest job. Over fi ve years ago Often those who had inadvertently I was employed by Australian Red misused the red cross would be very Australian Red Cross Cross as IHL Manager and one of my interested to hear that Australian Red duties was to contact companies and Cross was sending humanitarian individuals who were misusing the workers into confl ict zones under the red cross emblem and advise them protection of this emblem and that that this was against the law. In some respect for the symbol would mean instances the response was extremely the difference between life and death. positive. The representatives of some However ready compliance was not companies were unaware that the always the case. At times companies, Geneva Conventions Act (Clth) 1957 investing much in their logo or prohibited the use of this symbol The Law

Domestic law in Australia (a) the emblem of a red cross with (d) the emblem of a white or silver regulates the use of the emblem vertical and horizontal arms of the cross with vertical and horizontal and states the following: same length on, and completely arms of the same length on, surrounded by, a white ground, and completely surrounded Art 15 – or the designation “Red Cross” or by, a red ground, being the 1957 Geneva Convention Act “Geneva Cross”; heraldic emblem of the Swiss Part IV—Abuse of the Red Cross Confederation; (b) the emblem of a red crescent and other emblems, signs, signals, moon on, and completely (e) a design or wording so nearly identity cards, insignia and uniforms surrounded by, a white ground, or resembling any of the emblems 15 Use of Red Cross and other the designation “Red Crescent”. or designations specifi ed in emblems, signs, signals, identity paragraph (a), (b), (c) or (d) as to (c) the following emblem in red cards, insignia and uniforms be capable of being mistaken on, and completely surrounded for, or, as the case may be, by, a white ground, that is to (1) Subject to this section, a understood as referring to, one of say, a lion passing from right to person shall not, without the those emblems; consent in writing of the Minister left of, and with its face turned or of a person authorized in towards, the observer, holding (f) such other emblems, identity writing by the Minister to give erect in its raised right forepaw a cards, signs, signals, insignia or consents under this section, use scimitar, with, appearing above uniforms as are prescribed for for any purpose whatsoever any the lion’s back, the upper half of the purpose of giving effect to of the following: the sun shooting forth rays, or the Protocol I. designation “Red Lion and Sun”; Penalty: $1,000 signage, would not welcome such savoy biscuit. One of these designs a unique opportunity to disseminate discussions and I would fi nd it diffi cult involved a white cream cheese the correct use of the red cross to explain connections between background with a red cross made emblem to a broader audience while international law and a red cross out of capsicum. As a full page the company also received some emblem in a local chemist or on a advertisement this stood out as positive press. product for ‘emergency chocolate’. a clear breach of Article 15 of the Australian Red Cross continues Australian Red Cross has never Geneva Conventions Act 1957. The to regulate the correct use of the pressed for a prosecution under the response from senior management emblem. Having undertaken some domestic act and always aims to of the company when approached short missions with the ICRC resolve the issues in a harmonious by Australian Red Cross on this I have personally experienced the manner. The penalty for a misuse is matter was positive, but it was extraordinary value of the red cross the fi ne of $1,000 per misuse – this explained that the image was in a as a protective symbol. It is indeed can be dire for many companies who major magazine which they could a luxury to live in a country where produce thousands upon thousands not ‘pull’ immediately. However, an much of the population has never of items with a misuse. Over the agreement was reached that in the needed to seek support, protection years, clear and polite explanation has next and subsequent additions the or refuge under this emblem. Yet resulted in many cases of a change image would not appear and that the need to continue to provide the of ‘logo’ and this will always be the some media on this matter should public with information about the preferred action. be sought. I was then interviewed red cross, red crescent and now red by a journalist about the issues One example stays in my mind and crystal is required in times of peace surrounding the need to protect the it involved the connection between as well as times of war. To correctly red cross emblem and the article was international law and a biscuit. A use the emblem is to be part of placed in a widely read newspaper well known biscuit company had the international community which with a supportive comment from the developed an advertising campaign understand that “even wars have company. This provided Australian focusing upon the various designs limits”. Red Cross with of food that could be placed on a Photo: © ICRC / T. Pizer Photo: © ICRC / T. Sri Lanka 1990 - The red cross emblem is painted on “Amazon” to signify its role as a hospital ship.

IHL Magazine 17 Red crystal emblem in international humanitarian law Why is it important?

by Kylie Weston-Scheuber - Senior Legal Offi cer, Offi ce of the Commonwealth Director of Public Prosecutions

The adoption of the red crystal under personnel, vehicles and installations Swiss fl ag and was intended as a the Third Additional Protocol to the as belonging to the medical services universal representation of neutrality. Geneva Conventions represents of armed forces, or to national Red However, despite the intentions of an important step in the history of Cross and Red Crescent societies, those who adopted the symbol, it the Red Cross movement and the the International Committee of the has for some represented a symbol resolution of decades of debate over Red Cross, and the International of Christianity. Thus during the war whether a third emblem should be Federation of Red Cross and Red between Russia and Turkey in 1876- added to the existing red cross and Crescent Societies. Under the rules 78, the Ottoman Empire declared red crescent emblems. of IHL, vehicles, installations and its intention to use instead the red persons bearing the emblems are crescent emblem. Since 1929 the red cross and subject to certain protections. The red crescent have been the only The red crescent, and the red lion emblems are symbols of neutrality. emblems recognised by the Red and sun, along with the red cross, Accordingly, their recognition and Cross movement internationally, with were accepted as emblems by the acceptance internationally is of the the exception of the red lion and sun 1929 diplomatic conference; at the utmost importance. which is now no longer in use. The same time it was noted that no new red crystal symbol, which is now To understand how the red crystal fi rst emblems would be recognised. The recognised by the Movement, is a came to be suggested as a symbol, red lion and sun had been used for red frame in the shape of a square on it is necessary to consider briefl y Iran (then Persia) but Iran switched to edge, against a white background. the history of the emblems. During the red crescent in 1980. The red lion the Geneva Conferences of 1863 and sun emblem is no longer in use. The emblems of the red cross and and 1864, a red cross on a white red crescent are of great signifi cance The emblem continued to be the background, the symbol we now in international humanitarian law subject of ongoing debate, however, know as the red cross, was chosen; (IHL). They are used to distinguish due to the fact that both the red this symbol was the reversal of the cross and red crescent emblems were perceived by some nations as having religious or political affi liations. This created two problems. First, it meant that there was a danger that the emblems would not provide protection in countries where the emblems were not accepted as symbols of neutrality. Secondly, some National Societies were unable to (left to right) join the Movement because of their The red cross reluctance to use either the red cross or the red crescent emblem. The red crescent The red crystal Photo: © ICRC / T.Gassmann Photo: © ICRC / T.Gassmann Sudan, Garsila, Western Darfur - Preparations for a distribution of basic household items with support from Sudanese Red Crescent volunteers.

The desire for recognition of a new Conference of the Red Cross and formally recognised. MDA has now emblem and the associated benefi ts Red Crescent in June 2006. The adopted the red crystal for use in had also to be balanced against the Protocol formally entered into force international relief efforts outside need for uniformity and the concern on 14 January 2007. Israeli territory. that recognition of too many emblems Adoption of the third emblem took States and national societies that would compromise the neutrality that place against the background of use the red cross and red crescent the emblems stand for. negotiations between Palestine Red emblems will continue to do so In 2000, governments and national Crescent and Magen David Adom unless they decide to change to societies endorsed the decision to (MDA) in Israel, neither of which had the new emblem. The Protocol also accept the red crystal as having been a member of the Movement allows for National Societies to use, the same status in international law before 2006. The MDA had for years for indicative purposes only, another as the other two emblems. The used the Star of David as its emblem, emblem or combination of emblems ICRC together with the International however the Star of David is primarily within the red crystal, or a symbol that Federation of Red Cross and Red a national symbol for Israel and was has been in effective use by a party Crescent Societies prepared a not recognised by Arab states. Its use and has been notifi ed to other State Third Additional Protocol to the precluded MDA from being accepted parties. Geneva Conventions, setting out into the Red Cross Movement, It remains to be seen whether any the mechanism for the acceptance despite its history of participation in countries that currently use the red of the red crystal. The decision to humanitarian relief. cross or red crescent will opt under adopt a Third Additional Protocol After lengthy negotiations, both the the new arrangements to change was made on 8 December 2005 MDA and Palestine Red Crescent their emblem to a combination of any following months of international agreed to accept the red crystal for two or three of the emblems, which negotiations. The red crystal was use in the occupied territories. At the may be a particularly attractive option formally incorporated into the Statutes close of the International Conference for countries with mixed cultural of the Movement at the International in June 2006 both societies were populations.

IHL Magazine 19 Theemblems in the fi eld Photo: © ICRC / W. Lembryk Photo: © ICRC / W. views from a delegate: an interview with Christopher Cliff by Branka Gajic - NSW IHL Offi cer, Australian Red Cross

(above) Democratic Republic of the Congo (DRC), South Kivu province, Shabuna. DRC Red Cross volunteers unload a plane during a non-food relief distribution for 2,500 benefi ciaries. As a health professional, get to hospitals. Red Cross emblems In insecure and rapidly changing Christopher Cliff travels to are displayed across the vehicles armed confl ict situations, access to some of Australia’s remotest to ensure protection. Further, ICRC key parties is critical in order to collect teams work with local populations to information and prioritise action. areas. This is an altogether explain and educate them about the Insecurity hindered this. In Northern different life from his former protective role of Red Cross. Sri Lanka the emblem gave access to days as a health delegate with key institutions and agencies affected One of the biggest dangers was by the hostilities. Clearly marked International Committee of unexploded ordinance. Even in these ICRC vehicles and staff carrying the the Red Cross (ICRC) where situations the emblem helped to red cross emblem allowed for this to protect ICRC workers and ultimately he was posted to war zones occur. Further, the emblem protected enabled the safe delivery of food around the world. civilians and captured and injured parcels to those most in need. combatants. For Christopher the Christopher provided essential “By being accepted, accessible and emblem was the ultimate guarantee of medical assistance to large civilian neutral we were given clear advice safety, “clearly displaying the emblem populations. When evacuations were about when and where to travel, ensured that although we could have required due to security issues, it avoiding the landmines” he says. been caught up in a battle I was never was necessary to rapidly mobilise The ongoing efforts to obtain access targeted; in fact we felt protected and health workers as well. With a lack of to some of the most dangerous and our safety guaranteed”. military escorts, Christopher and his volatile locations are illustrated by colleagues at ICRC relied on the red Christopher: “[in some places] ICRC Asked if he has seen the emblem cross emblem to protect them from and Red Cross were seen as food misused, Christopher lists plenty being targeted. security. ICRC ran food kitchens and of examples: “It is such a sign of Christopher tells of one situation in provided the entire population with protection and security in most parts Africa where during an evacuation of two meals a day!” of the world where it’s needed, [it is also] a very tempting logo/marketing war-wounded Red Cross personel In places where security was unstable thing.” It is a war crime to misuse relied on the Red Cross emblem and the nature of warfare irregular and the emblem in times of confl ict; in displayed on the planes for protection. unpredictable, providing basic health Australia it is a criminal offence to He recalls “This was essential as services across the front lines became misuse the emblem in peacetime, even though clearances and cease a dangerous exercise. Christopher attracting an AUD$1000 fi ne and fi res were sought prior to going into gives an example from Afghanistan. possible prosecution by the Minister a location to pick up the wounded, The red cross emblem was clearly for Defence. There are other instances it was impossible to ensure that displayed at all times when working where the emblem is not respected, remote local combatants were aware with ICRC in Afghanistan’s volatile but the fact remains that there is no of us coming. The red cross emblem north. The ICRC has a long presence other way to say “Don’t shoot!” in 350 displayed on the wings of the ICRC in Afghanistan: Christopher describes languages. aircrafts ensures the safety of those the practicalities of the Red Cross and being evacuated.” the Red Crescent working together to Christophers’ missions have taken facilitate delivery of essential supplies. him to just about all corners of the “The Red Crescent was well known globe, especially to those troublespots locally … but having the ICRC logo often forgotten by the international added to our capacity to be viewed as community. Distributing food and neutral. This really assisted our own medical care means visiting remote security. Buildings and residences communities and patients who are housing ICRC staff [were] painted with unable to make the long journeys to a big Red Cross”.

IHL Magazine 21 Photo: © ICRC / M.Kokic cross theLitani river nearTyre, attempting to

ICRC vehicle gets stuck Lebanon, 2006 International Humanitarian Law (IHL) program

Australian Red Cross is part of the International Red Cross and Red Crescent Movement, the largest humanitarian network in the world. IHL is something Red Cross thinks everyone should be aware of. We run an IHL Program providing training and education highlighting IHL issues to key target groups identifi ed as having a role to play in situations of armed confl ict.

Photo: © ICRC / Boris Heger Red Cross has a The IHL Program focuses on the following target groups: mandate to promote an • Australian Defence Force understanding of, and • Australian Federal Police respect for, the law in • Non-government organisations times of armed confl ict – • Commonwealth Government agencies International Humanitarian • Key professions (law, medicine, journalism) Law (IHL). • Tertiary and secondary education sectors • Wider community.

The IHL Program specifi cally offers training programs to sectors of For more information on the the Australian Defence Force such as military medics and military IHL Program please visit: police, in addition to being invited to participate in Australian www.redcross.org.au/ihl or Defence Force training exercises. More broadly, we run education email: [email protected] seminars for members of the general community who have an interest in humanitarian issues and whose work is affected by the application of IHL. Fundamental Principles

In all activities our volunteers and Impartiality maintain their autonomy so that they may staff are guided by the Fundamental It makes no discrimination as to be able at all times to act in accordance Principles of the Red Cross and Red nationality, race, religious beliefs, class or with the principles of the Movement. Crescent Movement. political opinions. It endeavours to relieve the suffering of individuals, being guided Voluntary Service Humanity solely by their needs, and to give priority It is a voluntary relief movement not The International Red Cross and Red to the most urgent cases of distress. prompted in any manner by desire for gain. Crescent Movement, born of a desire to bring assistance without discrimination Neutrality Unity to the wounded on the battlefi eld, In order to continue to enjoy the There can be only one Red Cross or Red endeavours, in its international and confi dence of all, the Movement may not Crescent Society in any one country. It national capacity, to prevent and alleviate take sides in hostilities or engage at any must be open to all. It must carry on its human suffering wherever it may be time in controversies of a political, racial, humanitarian work throughout its territory. found. Its purpose is to protect life and religious or ideological nature. Universality health and ensure respect for the human The International Red Cross and Red being. It promotes mutual understanding, Independence The Movement is independent. The Crescent Movement, in which all Societies friendship, co-operation and lasting have equal status and share equal peace amongst all people. National Societies, while auxiliaries in the humanitarian services of their responsibilities and duties in helping each governments and subject to the laws of other, is worldwide. their respective countries, must always

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