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Study on the Use of the Emblems Operational and Commercial and Other Non-Operational Issues

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STUDY ON THE USE OF THE STUDY ON THE USE EMBLEMS OF THE EMBLEMS OPERATIONAL AND COMMERCIAL AND OTHER NON-OPERATIONAL ISSUES 2500 10.2011 4057/002 ICRC CASESTUD_EMBLEM couv.indd 1 13.10.11 16:46 MISSION The International Committee of the Red Cross (ICRC) is an impartial, neutral and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of armed conflict and other situations of violence and to provide them with assistance. The ICRC also endeavours to prevent suffering by promoting and strengthening humanitarian law and universal humanitarian principles. Established in 1863, the ICRC is at the origin of the Geneva Conventions and the International Red Cross and Red Crescent Movement. It directs and coordinates the international activities conducted by the Movement in armed conflicts and other situations of violence. Front cover: Distinctive emblems of the International Red Cross and Red Crescent Movement CASESTUD_EMBLEM couv.indd 2 13.10.11 16:46 STUDY ON THE USE OF THE EMBLEMS OPERATIONAL AND COMMERCIAL AND OTHER NON-OPERATIONAL ISSUES TABLE OF CONTENTS 3 TABLE OF CONTENTS Foreword 9 List of abbreviations 11 Introduction 15 Objectives and methodology 15 General principles and concepts 21 PART I. RECOMMENDATIONS ON OPERATIONAL ISSUES INVOLVING THE USE OF THE EMBLEM 33 A. Use by State authorities 35 1. May the medical services of States’ armed forces party to an armed conflict temporarily change their emblem? 35 2. May the medical services of States’ armed forces use the red cross/red crescent “double emblem”? 40 3. May two different recognized emblems be displayed on sites and means of transport shared by the medical services of the armed forces of States acting in coalition? 44 4. Combat lifesavers (CLS): are they entitled to use the emblem? 47 5. May armed forces’ medical personnel, units and transports entitled to use the emblem carry weapons? 52 6. Who has the competence to authorize the use of the emblem for protective purposes? What role could National Societies have in this regard? 60 7. How must the emblem be used in occupied territory: – by the medical services of the Occupying State’s armed forces? – by the civilian hospitals (and their staff), civilian medical units, personnel and means of transport of the Occupied State? 65 8. Are civilian hospitals and medical units allowed to display the emblem in peacetime? 71 9. May the emblem be affixed to relief goods provided by a State? 80 10. May a State include a recognized distinctive emblem on a white background on its national flag? 82 4 STUDY ON THE USE OF THE EMBLEMS B. Use by National Societies 87 11. May a National Society temporarily change the emblem (protective or indicative uses)? 87 12. May a National Society use the “double emblem” (e.g. the red cross and red crescent side by side) for indicative or protective purposes? 91 13. May two different recognized emblems be displayed on the same sites and means of transport that are shared by National Societies? 95 14. Under what conditions may National Societies use the emblem as a protective device? 98 15. May a National Society use the emblem as a protective device during armed conflict without the express authorization of the authorities? 107 16. For what activities may a National Society’s personnel use the emblem as a protective device, i.e., within the framework of their role as auxiliary to the medical services of the armed forces? 111 17. May a National Society’s medical personnel use the National Society’s logo when acting as auxiliary to the medical services of the armed forces, i.e., when they are entitled to use the emblem as a protective device? 114 18. May a National Society use a large-sized indicative emblem (the National Society’s logo)? 117 19. May a National Society authorize its personnel to use the National Society’s logo when participating in its government’s humanitarian response abroad, outside the scope of Article 26 of the First Geneva Convention of 1949? 122 20. How may a National Society use the emblem/the National Society’s logo when it is in partnership with a UN agency or another external partner? 126 21. What is the role of the host National Society with regard to use of the emblem/National Society’s logo of a participating National Society providing assistance on its territory? 133 22. May the National Society’s logo (or the emblem) be affixed to relief goods provided by a National Society? 141 23. In what circumstances may a National Society use the national flag simultaneously with the emblem? 144 TABLE OF CONTENTS 5 C. Use by the ICRC 149 24. Under what circumstances may the ICRC decide not to display the red cross emblem? In such circumstances, under what conditions may the ICRC: – decide not to use any emblem at all? – decide to use the red crystal emblem? – decide to use the red crescent emblem? 149 25. What is the distinction between the red cross emblem and the ICRC logo? How does the ICRC use them? 155 26. How may the ICRC use the emblem when it resorts to armed protection? 158 D. Use by other actors 161 27. May international organizations (e.g. the UN, African Union, European Union, NATO) use the emblem? 161 28. May the medical services of armed groups use the emblem during non-international armed conflicts? 167 29. Are entities other than medical services of States’ armed forces or components of the Movement, particularly non-governmental organizations (NGOs), ever allowed to display the emblem as a protective device? 170 30. May private military and security companies use the emblem? 179 31. Use of the emblem on third parties’ ambulances and first-aid stations, under Article 44, 4th paragraph, of the First Geneva Convention of 1949: what is the role of National Societies? 186 PART II. RECOMMENDATIONS ON COMMERCIAL AND OTHER NONOPERATIONAL ISSUES INVOLVING THE USE OF THE EMBLEM 193 A. Use by State authorities 195 32. The United Nations Convention of 8 November 1968 on road signs and signals and the European Agreement of 1 May 1971 supplementing the Convention on road signs and signals: are they compatible with the rules governing use of the emblem? 195 6 STUDY ON THE USE OF THE EMBLEMS B. Use by National Societies 203 33. May a National Society display the emblem/its logo on items that it distributes or sells to the public? 203 34. May a National Society allow its partner companies to display the emblem/the National Society’s logo on items for distribution/sale or on advertising material? 207 35. May the National Society display: – the name/logo of its corporate supporter on the National Society’s website? – the emblem/the National Society’s logo on the website of its corporate supporter? 211 36. May National Society trading companies or other legal entities, owned or controlled by the National Society, whose profits or funds are devoted to the National Society, use the emblem/the logo of the National Society? 218 37. Sponsorship: to what extent may sports teams/players display the emblem/the logo of a National Society for promotion and/or fundraising purposes? What kinds of contracts are possible and what are their limits? 224 38. What emblems and logos should be displayed on cover pages of National Societies’ publications, and in what manner? 230 39. What emblems and logos should National Societies reproduce on their letterheads? 233 C. Use by the ICRC 241 40. What emblems should the ICRC display on its publications relating to the International Red Cross and Red Crescent Movement? 241 41. How does the ICRC use its name, logo and image for commercial purposes? 244 D. Use by other actors 255 42. Non-governmental organizations or private corporations registering as “Red Cross”, “Red Crescent” or “Red Crystal” in a State where a National Society is already recognized: how should this issue be dealt with? 255 43. May “spontaneous fundraisers” use the emblem/the National Society’s logo? 267 TABLE OF CONTENTS 7 PART III. RECOMMENDATIONS FOR PREVENTING AND STOPPING MISUSE OF THE EMBLEM 273 A. The obligations of States 275 44. What are the legal, regulatory and practical measures to be taken by States? 275 45. What are the obligations of States in terms of dissemination of the rules governing the use of the emblem? 282 B. The role of National Societies 287 46. What are the mandate and responsibilities of National Societies regarding the use of the emblem? 287 C. The role of the ICRC 297 47. What are the mandate and responsibilities of the ICRC regarding the use of the emblem? 297 48. What are the ICRC’s responsibilities regarding use of the emblem when it is acting as lead agency, in accordance with the Seville Agreement? What measures should it undertake in this regard? 304 D. Special issues 309 49. What is the meaning under international humanitarian law of the term “imitation” of the emblem or of the name? 309 50. How should misuse of the emblem and the name on the Internet be dealt with? 314 51. What strategies are effective for increasing awareness and preventing/reducing emblem misuse? Lessons learnt from “emblem protection campaigns” 320 FOREWORD 9 FOREWORD For nearly 150 years, the emblem of the red cross against a white background has served as an internationally recognized symbol and the visible expression of the neutral assistance and protection to which the wounded and sick are entitled in times of armed conflict. Today, the red cross, together with the red crescent, has also come to symbolize the independent, neutral and impartial action undertaken by the components of the International Red Cross and Red Crescent Movement (the Movement) to prevent and alleviate human suffering during humanitarian crises.
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