¹ To make it easier to find these treaties, it is advisable to indicate their precise location in the official compendium of laws and treaties. Their text is also reproduced in the Treaty Series of the United Nations: Vol. 75 (1950), pp. 31–417, and Vol. 1125 (1979), pp. 3–699.Google Scholar

² This Annex was revised on 30 November 1993 and its amended version came into force on 1 March 1994. It was reproduced in the IRRC, No. 298, 01–02 1994, pp. 29–41.Google Scholar

³ The current Regulations were adopted by the 20th International Conference of the Red Cross in 1965 and revised by the Council of Delegates in 1991, then submitted to the States party to the Geneva Conventions before coming into force on 31 July 1992. The Regulations are reproduced in the IRRC, No. 289, 07–08 1992, pp. 339–362.Google Scholar

⁴ As a voluntary relief society, auxiliary to the public authorities in the humanitarian sphere. Wherever the present law refers to the “Red Cross (Red Crescent) of …”, “Red Cross of …” or “Red Crescent of …” should be specified. The official name as it appears in the law or instrument of recognition should be used.

⁵ It is important that national legislation in all cases protect both the emblem of the red cross and that of the red crescent, as well as the names “Red Cross” and “Red Crescent”.

⁶ When reference is made to the emblem, the term “red cross” or “red crescent” is generally in lower case while the designation “Red Cross” or “Red Crescent” with initial capitals is reserved for Red Cross or Red Crescent institutions. This rule helps to avoid confusion.

⁷ In order to confer optimum protection, the dimensions of the emblem used to mark medical units and transports shall be as large as possible. The distinctive signals provided for in Annex I to Protocol I shall also be used.

⁸ The emblem to be used should be indicated here.

⁹ Pursuant to Article 40 of the First Geneva Convention, armlets are to be worn on the left arm and shall be water-resistant; the identity card shall bear the holder's photograph. States can model the identity card on the example attached to this Convention. The authority within the Ministry of Defence which is to issue armlets and identity cards must be clearly specified.

¹⁰ It is very important to indicate clearly the authority which is competent to grant such authorization and monitor the use of the emblem. This authority shall work together with the Ministry of Defence, which may, if necessary, give advice and assistance.

¹¹ See Articles 18 to 22 of the Fourth Geneva Convention, and Articles 8 and 18 of Protocol I. Article 8 in particular defines the expressions “medical personnel”, “medical units” and “medical transports”. Hospitals and other civilian medical units should be marked by the emblem only during times of armed conflict. Marking them in peacetime risks causing confusion with property belonging to the National Society.

¹² As regards armlets and identity cards for civilian medical personnel, Article 20 of the Fourth Geneva Convention and Article 18, para. 3, of Protocol I provide for their use in occupied territory and in areas where fighting is taking place or is likely to take place. It is, however, recommended that armlets and identity cards be widely distributed during times of armed conflict. A model of an identity card for civilian medical and religious personnel is given in Annex I to Protocol I. The authority which is to issue the armlets and identity cards should be specified (for example a Department of the Ministry of Health).

¹³ Pursuant to Article 27 of the First Geneva Convention, a National Society of a neutral country may also place its medical personnel and medical units and transports at the disposal of the Medical Service of the armed forces of a State which is party to an armed conflict.

Articles 26 and 27 of the First Geneva Convention also provide for the possibility that other voluntary aid societies recognized by the authorities may be permitted, in time of war, to place medical personnel and medical units and transports at the disposal of the Medical Service of the armed forces of their country or of a State which is party to an armed conflict. Like the personnel of National Societies, such personnel shall then be subject to military laws and regulations and shall be assigned exclusively to medical tasks. These aid societies may be authorized to display the emblem. Such cases are rare, however. If such an authorization has been granted, or is to be granted, it might be useful to mention this in the present law.

Furthermore, Article 9, para. 2, subpara. c), of Protocol I provides for the possibility of an impartial international humanitarian organization placing medical personnel and medical units and transports at the disposal of a State which is party to an international armed conflict. Such personnel shall then be placed under the control of this Party to the conflict and subject to the same conditions as National Societies and other voluntary aid societies. They shall in particular be subject to military laws and regulations.

¹⁴ I.e., always the same emblem as that used by the Medical Service of the armed forces (see Article 26 of the First Geneva Convention). With the consent of the competent authority, the National Society may, in time of peace, use the emblem to mark units and transports whose assignment to medical purposes in the event of armed conflict has already been decided (Article 13 of the Regulations on the Use of the Emblem).

¹⁵ Pursuant to Article 44, para. 4, of the First Geneva Convention, the emblem may be used, as an exceptional measure and in peacetime only, as an indicative device for marking vehicles, used as ambulances by third parties (not forming part of the International Red Cross and Red Crescent Movement), and aid stations exclusively assigned to the purpose of giving treatment free of charge to the wounded or sick. Express consent for displaying the emblem must, however, be given by the National Society, which shall control the use thereof. Such use is not recommended, however, because it increases the risk of confusion and might lead to misuse. The term “aid station” by analogy also covers boxes and kits containing first-aid supplies and used, for example, in shops or factories.

The United Nations Convention of 8 November 1968 on road signs and signals provides for road signs displaying the emblem to mark hospitals and first-aid stations. As these signs are not in conformity with the rules on the use of the emblem, it is advised to employ alternative signs, for example the letter “H” on a blue ground to indicate hospitals.

¹⁶ The emblem may not, for example, be placed on an armlet or the roof of a building. In peacetime, and as an exceptional measure, the emblem may be of large dimensions, in particular during events where it is important for the National Society's first-aid workers to be identified quickly.

¹⁷ These Regulations enable the National Society to give consent, in a highly restrictive manner, for third parties to use the name of the Red Cross or the Red Crescent and the emblem within the context of its fund-raising activities (Article 23, “sponsorship”).

¹⁸ Article 44, para. 3, of the First Geneva Convention.

¹⁹ It is recommended that responsibilities be clearly set down, either in the present law or in an implementing regulation or decree.

²⁰ Within the context of the dissemination of international humanitarian law.

²¹ In particular among members of the medical and paramedical professions, and among non-governmental organizations, which must be encouraged to use other distinctive signs.

²² The National Societies have a very important role to play in this regard. The Statutes of the International Red Cross and Red Crescent Movement stipulate expressly that the National Societies shall “also cooperate with their governments to ensure respect for international humanitarian law and to protect the red cross and red crescent emblems” (Article 3, para. 2).

²³ This type of misuse should be repressed both in peacetime and in time of armed conflict. Even though violations of the emblem used as an indicative device are less serious than those described in Article 11 below, they must be taken seriously and rigorously repressed. Indeed, the emblem will be better respected during an armed conflict if it has been protected effectively in peacetime. Such effectiveness derives in particular from the severity of any penalties imposed. Consequently, it is recommended that the punishment imposed should be imprisonment and/or a heavy fine, likely to serve as a deterrent.

²⁴ In order to maintain the deterrent effect of the fine, it is essential to review the amounts periodically so as to take account of the depreciation of the local currency. This remark also applies to Articles 11 and 12. It could therefore be considered whether it might not be appropriate to set the amounts of the fines by means other than the present law, for example in an implementing regulation. A National Committee for the implementation of international humanitarian law could then review the amounts as required.

²⁵ This is the most serious type of misuse, for in this case the emblem is of large dimensions and is employed for its primary purpose, which is to protect persons and objects in time of war. This Article should be brought into line with penal legislation (for example the Military Penal Code), which generally provides for the prosecution of violations of international humanitarian law, and in particular the Geneva Conventions and their Additional Protocols.

²⁶ By virtue of Article 85, para. 3, subparagraph f), of Protocol I, perfidious use of the emblem is a grave breach of this Protocol and is regarded as a war crime (Article 85, para. 5). Such misuse is therefore particularly serious and must be subject to very severe penalties.

²⁷ Indicate the competent authority (courts, administrative authorities, etc.).

²⁸ It is particularly important to specify precisely which authority has ultimate responsibility for applying this law. Close cooperation between the Ministries directly concerned, generally the Ministries of Defence and Health, would be advisable. A National Committee for the implementation of international humanitarian law could play a useful role in this respect.