ADVISORYSERVICE ON INTERNATIONALHUMANITARIAN LAW ______

The Protection of the Red Cross, Red Crescent and Red Crystal Emblems

When placed against a white background, the red cross and red crescent are two of the very few symbols which are immediately recognised by people throughout the world. Although originally created to identify the medical services of the armed forces and allow the protection of the sick and wounded, these emblems have come to represent the impartial humanitarian assistance provided to those who suffer. However, the fact that a person, organisation, or company is involved in, or desires to be associated with, humanitarian assistance does not entitle them to utilise the red cross or red crescent in their endeavours. The use of the emblems is governed by the Geneva Conventions of 1949, their Additional Protocols I and II of 1977 as well as Additional Protocol III of 2005, and the national legislation of the concerned State.

The protection of the emblems and Protocols. In order to effectively Under the Geneva Conventions control the utilisation of the The prevention and repression of and the Additional Protocols emblems, a State must adopt emblem abuse is not accomplished internal measures establishing the solely by the adoption of penal or The provisions of the Geneva following: regulatory measures. A State should Conventions and the Additional also undertake to inform the public, Protocols establish that the red · the identification and definition business, and the medical cross and red crescent, as well as of the emblem(s) recognised community on the proper utilisation the red crystal for State parties to and protected; of the emblems. additional protocol III, are symbols · the national authority with the The necessity of protecting the protected by international law. competence to regulate the use emblems These provisions define the of the emblems; individuals and services entitled to · those entities with permission to The red cross, red crescent and red use the emblems and the purposes employ the emblems; for which they may be employed. crystal are the symbols recognised · the uses for which permission is and protected by international Their use is regulated at all times, authorised. during periods of peace as well as humanitarian law. The adoption of during times of armed conflict. Any domestic measures to ensure their In addition, a State must enact respect is a fundamental step in unauthorised use of the emblems is national legislation prohibiting and prohibited. maintaining the impartiality punishing the unauthorised use of associated with the providing of the emblems at all times. This Generally, the use of the emblem humanitarian assistance. legislation must apply to all forms of Consequently, the care and can be authorised to protect the personal and commercial use and medical services of the armed protection of those receiving aid is prohibit imitations or designs enhanced. The failure of a State to forces and, in war time, civilian capable of being mistaken for the hospitals. It is also used by the take the appropriate measures can red cross, red crescent or red lead to the misuse of the emblems National Red Cross or Red Crescent crystal. Societies, their International and lessen the respect and confidence which they enjoy. In Federation, and the International It is fundamental that the measures Committee of the Red Cross. addition, the failure to suppress to prevent abuse also apply to the abuse during times of peace will members of the armed forces. contribute to abuse during armed Domestic measures to regulate However, this may be established conflict. This will erode the emblem usage and prevent abuse through the processes of the State protective value of the emblems, governing military discipline. The endanger the lives of those use of the emblems to hide or The responsibility for authorising the legitimately entitled to employ them, shelter combatants or military use of the red cross or red crescent and interfere with the care and equipment during armed conflict emblems rests with the State, which protection of civilians and (i.e. perfidious use) is a war crime. must regulate their use consistent combatants alike. Lesser violations must also be with the terms of the Conventions punished. Further information

The International Committee of the Red Cross (ICRC) has published a pamphlet explaining, in greater detail, the meaning of the emblems and their proper use. In addition, the ICRC has drafted a model law concerning their utilization and protection. States are free to adopt this law or use it as a basis or a guide when drafting their own legislation. Copies of this information can be obtained by contacting the ICRC or your National Red Cross or Red Crescent Society.

12/2013