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The idea that mankind must be protected against the scourge of war can be found among all the peoples of Antiquity. It was only in the nineteenth century, however, that considerable efforts were
undertaken to make war more humane. The decisive events were the creation of the ICRC in February 1863 and the signature, in August 1864, of the Geneva Convention for the Amelioration of the
Wounded in Armies in the Field, which signalled the birth of international humanitarian law.
During World War I the ICRC – and the Red Cross in general – came of age. While national societies provided ambulance volunteers and further support behind the lines, on a scale never before
imagined, the ICRC expanded its work to protect prisoners of war.
It opened the International Prisoners-of-War Agency – a central clearing house for lists of prisoners and the provision of relief parcels. It also extended its work to include messages for civilians, after
so many were cut off behind enemy lines.
In its quest to have humanitarian law adapted to new realities, the ICRC launched an appeal in February 1918, calling on the belligerents to stop using poison gas.
The 1914-18 conflict was described as the one that would "end all wars"; the accent was put on preserving peace, and the Red Cross started to organize itself in that direction.
However, events were to prove otherwise. Badly-healed wounds from World War I, economic disasters and the rise of nationalism brought about a number of conflicts and the ICRC found itself at work
both in Europe and far away – in Asia, Africa and Latin America.
Above all it was confronted by more and more internal conflicts, with mounting civilian casualties. The legal basis it needed was lacking and despite its best efforts to have governments adopt new laws
to protect civilians, the absence of them was to have disastrous consequences after 1939.
During the Second World War, only Latin America and a number of neutral European countries were spared by the fighting. For the first time in history, aviation made it possible to bombard enemy
territory over hundreds of square kilometres; for the first time too, the number of victims was higher among civilians than among soldiers. From the very beginning, Hitler's regime waged a racial war
aimed at subjugating the Slavic peoples and wiping out all Jews and gypsies.
At the time, international humanitarian law comprised rules governing the treatment of prisoners of war (Geneva Convention of 27 July 1929), but not that of the civilian population. The International
Committee of the Red Cross (ICRC) was therefore able to carry out activities to protect and assist prisoners of war, whereas its work for certain categories of civilians -- in particular, civilians held in
concentration camps -- was to be very limited, or even non-existent.
The bloodletting of the second world war came to an end with a devastating demonstration of a weapon whose power seemed barely imaginable. The nuclear age had begun and with it, a dangerous
period of international tensions.
While Europe – breeding ground for much of the violence of the 20th century – strove to build ramparts of peace, other areas of the world continued to suffer from the effects of conflict; some of it took
new forms, with freedom fighters, guerrilla movements and dictatorial regimes centre stage.
To meet the challenges posed by the changing face of war, and to take account of developments in the 1930s and 40s, there was a need for new legal rules. First came the revision and expansion of
the Geneva Conventions, in 1949; in 1977, these were rounded off by two Additional Protocols. The ICRC helped to draft all of these laws.
To a greater or lesser degree, the ICRC was present and active during the conflicts of the post-1945 era and has a unique insight into the humanitarian problems arising from them. This final part of
the ICRC's history section is being updated progressively to present an overview of its work.
undertaken to make war more humane. The decisive events were the creation of the ICRC in February 1863 and the signature, in August 1864, of the Geneva Convention for the Amelioration of the
Wounded in Armies in the Field, which signalled the birth of international humanitarian law.
During World War I the ICRC – and the Red Cross in general – came of age. While national societies provided ambulance volunteers and further support behind the lines, on a scale never before
imagined, the ICRC expanded its work to protect prisoners of war.
It opened the International Prisoners-of-War Agency – a central clearing house for lists of prisoners and the provision of relief parcels. It also extended its work to include messages for civilians, after
so many were cut off behind enemy lines.
In its quest to have humanitarian law adapted to new realities, the ICRC launched an appeal in February 1918, calling on the belligerents to stop using poison gas.
The 1914-18 conflict was described as the one that would "end all wars"; the accent was put on preserving peace, and the Red Cross started to organize itself in that direction.
However, events were to prove otherwise. Badly-healed wounds from World War I, economic disasters and the rise of nationalism brought about a number of conflicts and the ICRC found itself at work
both in Europe and far away – in Asia, Africa and Latin America.
Above all it was confronted by more and more internal conflicts, with mounting civilian casualties. The legal basis it needed was lacking and despite its best efforts to have governments adopt new laws
to protect civilians, the absence of them was to have disastrous consequences after 1939.
During the Second World War, only Latin America and a number of neutral European countries were spared by the fighting. For the first time in history, aviation made it possible to bombard enemy
territory over hundreds of square kilometres; for the first time too, the number of victims was higher among civilians than among soldiers. From the very beginning, Hitler's regime waged a racial war
aimed at subjugating the Slavic peoples and wiping out all Jews and gypsies.
At the time, international humanitarian law comprised rules governing the treatment of prisoners of war (Geneva Convention of 27 July 1929), but not that of the civilian population. The International
Committee of the Red Cross (ICRC) was therefore able to carry out activities to protect and assist prisoners of war, whereas its work for certain categories of civilians -- in particular, civilians held in
concentration camps -- was to be very limited, or even non-existent.
The bloodletting of the second world war came to an end with a devastating demonstration of a weapon whose power seemed barely imaginable. The nuclear age had begun and with it, a dangerous
period of international tensions.
While Europe – breeding ground for much of the violence of the 20th century – strove to build ramparts of peace, other areas of the world continued to suffer from the effects of conflict; some of it took
new forms, with freedom fighters, guerrilla movements and dictatorial regimes centre stage.
To meet the challenges posed by the changing face of war, and to take account of developments in the 1930s and 40s, there was a need for new legal rules. First came the revision and expansion of
the Geneva Conventions, in 1949; in 1977, these were rounded off by two Additional Protocols. The ICRC helped to draft all of these laws.
To a greater or lesser degree, the ICRC was present and active during the conflicts of the post-1945 era and has a unique insight into the humanitarian problems arising from them. This final part of
the ICRC's history section is being updated progressively to present an overview of its work.
Signature of the Geneva Convention of 22 August 1864
- painting by Armand Dumaresq.
- painting by Armand Dumaresq.
Significant dates in the history of international humanitarian law and the Red Cross and Red Crescent Movement
1859 Battle of Solferino - Henry Dunant
1863 International Committee for the relief of military wounded: as from 1876, International Committee of the
Red Cross (ICRC)
International Geneva Conference
Establishment of national committees for the relief of military wounded
1864 Geneva Convention for the amelioration of the condition of the wounded in armies in the field
1867 1st International Conference of the Red Cross
1899 The Hague Conventions
- Laws and customs of war on land (Convention No. II)
- Adaptation to maritime warfare of the principles of the 1864 Geneva Convention (Convention No. III)
1906 Revision and development of the 1864 Geneva Convention
1907 The Hague Conventions
- Laws and customs of war on land (Convention No. IV)
- Adaptation to maritime warfare of the principles of the 1906 Geneva Convention (Convention No. X)
1919 League of Red Cross Societies
- as from 1983, League of Red Cross and Red Crescent Societies
- as from 1991, International Federation of Red Cross and Red Crescent Societies
1925 Geneva Protocol
Prohibition of the use in war of asphyxiating, poisonous or other gases and of bacteriological methods of warfare
1928 Statutes of the International Red Cross (revised in 1952 and 1986)
1929 Geneva Conventions
- Wounded and sick in armed forces in the field [revision of the 1906 Geneva Convention] (1st Convention)
- Prisoners of war [supplements the 1899 Hague Convention No.II and 1907 Hague Convention No.IV] (2nd
Convention)
- Official recognition of the red crescent emblem (first used in 1876)
1949 Geneva Conventions
- The wounded and sick in armed forces in the field [revision and development of the 1929 Geneva Convention] (First
Convention)
- Wounded, sick and shipwrecked members of armed forces at sea [revision and development of the 1907 Hague
Convention No. X] (Second Convention)
- Prisoners of war [revision and development of the 1929 Geneva Convention] (Third Convention)
- Civilian persons [supplements the 1899 Hague Convention No.II and 1907 Hague Convention No. IV] (Fourth
Convention)
- The four Conventions contain a common Article 3 relating to the protection of victims of non-international armed
conflicts
1965 Proclamation of the Fundamental Principles of the Red Cross: humanity, impartiality, neutrality,
independence, voluntary service, unity, universality (incorporated in 1986 into the Statutes of the International Red
Cross and Red Crescent Movement)
1976 Convention on the protection of the environment Prohibition of military or any other hostile use of
environmental modification techniques
1977 Protocols additional to the 1949 Geneva Conventions
- Protection of victims of international armed conflicts (ProtocoI I)
- Protection of victims of non-international armed conflicts (Protocol II)
1980 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.
1986 Statutes of the International Red Cross and Red Crescent Movement
1989 Agreement between the ICRC and the League
1989 Convention on the Rights of the Child
1993 Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and
on their destruction
1994 San Remo Manual on International Law Applicable to Armed Conflicts at Sea
1995 Protocol on Blinding Laser Weapons (Protocol IV)
1996 Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices (Protocol II)
1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and
on their Destruction
1997 Agreement on the Organization of the International Activities of the Components of the International Red
Cross and Red Crescent Movement
1998 Rome Statute of the International Criminal Court
2003 Adoption of the Protocol on Explosive Remnants of War
2006 Adoption of the third additional Protocol to the Geneva Conventions relating to the adoption of an additional
distinctive emblem
1859 Battle of Solferino - Henry Dunant
1863 International Committee for the relief of military wounded: as from 1876, International Committee of the
Red Cross (ICRC)
International Geneva Conference
Establishment of national committees for the relief of military wounded
1864 Geneva Convention for the amelioration of the condition of the wounded in armies in the field
1867 1st International Conference of the Red Cross
1899 The Hague Conventions
- Laws and customs of war on land (Convention No. II)
- Adaptation to maritime warfare of the principles of the 1864 Geneva Convention (Convention No. III)
1906 Revision and development of the 1864 Geneva Convention
1907 The Hague Conventions
- Laws and customs of war on land (Convention No. IV)
- Adaptation to maritime warfare of the principles of the 1906 Geneva Convention (Convention No. X)
1919 League of Red Cross Societies
- as from 1983, League of Red Cross and Red Crescent Societies
- as from 1991, International Federation of Red Cross and Red Crescent Societies
1925 Geneva Protocol
Prohibition of the use in war of asphyxiating, poisonous or other gases and of bacteriological methods of warfare
1928 Statutes of the International Red Cross (revised in 1952 and 1986)
1929 Geneva Conventions
- Wounded and sick in armed forces in the field [revision of the 1906 Geneva Convention] (1st Convention)
- Prisoners of war [supplements the 1899 Hague Convention No.II and 1907 Hague Convention No.IV] (2nd
Convention)
- Official recognition of the red crescent emblem (first used in 1876)
1949 Geneva Conventions
- The wounded and sick in armed forces in the field [revision and development of the 1929 Geneva Convention] (First
Convention)
- Wounded, sick and shipwrecked members of armed forces at sea [revision and development of the 1907 Hague
Convention No. X] (Second Convention)
- Prisoners of war [revision and development of the 1929 Geneva Convention] (Third Convention)
- Civilian persons [supplements the 1899 Hague Convention No.II and 1907 Hague Convention No. IV] (Fourth
Convention)
- The four Conventions contain a common Article 3 relating to the protection of victims of non-international armed
conflicts
1965 Proclamation of the Fundamental Principles of the Red Cross: humanity, impartiality, neutrality,
independence, voluntary service, unity, universality (incorporated in 1986 into the Statutes of the International Red
Cross and Red Crescent Movement)
1976 Convention on the protection of the environment Prohibition of military or any other hostile use of
environmental modification techniques
1977 Protocols additional to the 1949 Geneva Conventions
- Protection of victims of international armed conflicts (ProtocoI I)
- Protection of victims of non-international armed conflicts (Protocol II)
1980 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.
1986 Statutes of the International Red Cross and Red Crescent Movement
1989 Agreement between the ICRC and the League
1989 Convention on the Rights of the Child
1993 Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and
on their destruction
1994 San Remo Manual on International Law Applicable to Armed Conflicts at Sea
1995 Protocol on Blinding Laser Weapons (Protocol IV)
1996 Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices (Protocol II)
1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and
on their Destruction
1997 Agreement on the Organization of the International Activities of the Components of the International Red
Cross and Red Crescent Movement
1998 Rome Statute of the International Criminal Court
2003 Adoption of the Protocol on Explosive Remnants of War
2006 Adoption of the third additional Protocol to the Geneva Conventions relating to the adoption of an additional
distinctive emblem
The Geneva Conventions: the core of international humanitarian law
The Geneva Conventions and their Additional Protocols are international treaties that contain
the most important rules limiting the barbarity of war. They protect people who do not take
part in the fighting (civilians, medics, aid workers) and those who can no longer fight
(wounded, sick and shipwrecked troops, prisoners of war). Links to selected resources.
The Geneva Conventions and their Additional Protocols are part of international humanitarian
law – a whole system of legal safeguards that cover the way wars may be fought and the
protection of individuals.
They specifically protect people who do not take part in the fighting (civilians, medics,
chaplains, aid workers) and those who can no longer fight (wounded, sick and shipwrecked
troops, prisoners of war).
The Conventions and their Protocols call for measures to be taken to prevent (or put an end
to) what are known as "grave breaches"; those responsible for breaches must be punished.
The Geneva Conventions have been acceded to by 194 States and enjoy universal
acceptance.
The Geneva Conventions and their Additional Protocols are international treaties that contain
the most important rules limiting the barbarity of war. They protect people who do not take
part in the fighting (civilians, medics, aid workers) and those who can no longer fight
(wounded, sick and shipwrecked troops, prisoners of war). Links to selected resources.
The Geneva Conventions and their Additional Protocols are part of international humanitarian
law – a whole system of legal safeguards that cover the way wars may be fought and the
protection of individuals.
They specifically protect people who do not take part in the fighting (civilians, medics,
chaplains, aid workers) and those who can no longer fight (wounded, sick and shipwrecked
troops, prisoners of war).
The Conventions and their Protocols call for measures to be taken to prevent (or put an end
to) what are known as "grave breaches"; those responsible for breaches must be punished.
The Geneva Conventions have been acceded to by 194 States and enjoy universal
acceptance.
The Geneva Conventions and their Additional Protocols
The first Geneva Convention of 1864 dealt exclusively with care for wounded
soldiers; the law was later adapted to cover warfare at sea and prisoners of war.
In 1949 the Conventions were revised and expanded:
1st Convention
- wounded soldiers on the battlefield
2nd Convention
- wounded and shipwrecked at sea
3rd Convention
- prisoners of war
4th Convention
- civilians under enemy control
In 1977 two Additional Protocols were added:
1st Protocol
- international conflicts
2nd Protocol
- non-international conflicts
In 2005 Additional Protocol III was adopted:
3rd Protocol
- additional distinctive emblem
The first Geneva Convention of 1864 dealt exclusively with care for wounded
soldiers; the law was later adapted to cover warfare at sea and prisoners of war.
In 1949 the Conventions were revised and expanded:
1st Convention
- wounded soldiers on the battlefield
2nd Convention
- wounded and shipwrecked at sea
3rd Convention
- prisoners of war
4th Convention
- civilians under enemy control
In 1977 two Additional Protocols were added:
1st Protocol
- international conflicts
2nd Protocol
- non-international conflicts
In 2005 Additional Protocol III was adopted:
3rd Protocol
- additional distinctive emblem
These rules, drawn up by the ICRC, summarize the essence of international
humanitarian law. They do not have the authority of a legal instrument and in no
way seek to replace the treaties in force. They were drafted with a view to
facilitating the promotion of the law.
The parties to a conflict must at all times distinguish between the civilian
population and combatants in order to spare the civilian population and civilian
property. Neither the civilian population as a whole nor individual civilians may be
attacked.
* Attacks may be made solely against military objectives. People who do not or
can no longer take part in the hostilities are entitled to respect for their lives and
for their physical and mental integrity. Such people must in all circumstances be
protected and treated with humanity, without any unfavorable distinction
whatever.
* It is forbidden to kill or wound an adversary who surrenders or who can no
longer take part in the fighting.
* Neither the parties to the conflict nor members of their armed forces have an
unlimited right to choose methods and means of warfare. It is forbidden to use
weapons or methods of warfare that are likely to cause unnecessary losses or
excessive suffering.
* The wounded and sick must be collected and cared for by the party to the
conflict which has them in its power. Medical personnel and medical
establishments, transports and equipment must be spared.
* The red cross or red crescent on a white background is the distinctive sign
indicating that such persons and objects must be respected.
* Captured combatants and civilians who find themselves under the authority of
the adverse party are entitled to respect for their lives, their dignity, their
personal rights and their political, religious and other convictions. They must be
protected against all acts of violence or reprisal. They are entitled to exchange
news with their families and receive aid. They must enjoy basic judicial
guarantees.
humanitarian law. They do not have the authority of a legal instrument and in no
way seek to replace the treaties in force. They were drafted with a view to
facilitating the promotion of the law.
The parties to a conflict must at all times distinguish between the civilian
population and combatants in order to spare the civilian population and civilian
property. Neither the civilian population as a whole nor individual civilians may be
attacked.
* Attacks may be made solely against military objectives. People who do not or
can no longer take part in the hostilities are entitled to respect for their lives and
for their physical and mental integrity. Such people must in all circumstances be
protected and treated with humanity, without any unfavorable distinction
whatever.
* It is forbidden to kill or wound an adversary who surrenders or who can no
longer take part in the fighting.
* Neither the parties to the conflict nor members of their armed forces have an
unlimited right to choose methods and means of warfare. It is forbidden to use
weapons or methods of warfare that are likely to cause unnecessary losses or
excessive suffering.
* The wounded and sick must be collected and cared for by the party to the
conflict which has them in its power. Medical personnel and medical
establishments, transports and equipment must be spared.
* The red cross or red crescent on a white background is the distinctive sign
indicating that such persons and objects must be respected.
* Captured combatants and civilians who find themselves under the authority of
the adverse party are entitled to respect for their lives, their dignity, their
personal rights and their political, religious and other convictions. They must be
protected against all acts of violence or reprisal. They are entitled to exchange
news with their families and receive aid. They must enjoy basic judicial
guarantees.
Who is bound by the Geneva Conventions?
Extract from ICRC publication "International humanitarian law: answers to your questions"
Only States may become party to international treaties, and thus to the Geneva Conventions and their Additional Protocols.
However, all parties to an armed conflict whether States or non-State actors are bound by international humanitarian law. At the
end of 2003, almost all the world's States - 191, to be precise - were party to the Geneva Conventions. The fact that the treaties
are among those accepted by the greatest number of countries testifies to their universality. In the case of the Additional
Protocols, 161 States were party to Protocol I and 156 to Protocol II by the same date.
Signature, ratification, accession, reservations, succession
Multilateral treaties between States, such as the Geneva Conventions and their Additional Protocols, require two separate
procedures:
a) signature followed by ratification
While signature does not bind a State, it does oblige the State to behave in a way which does not render the substance of the
treaty meaningless when the State subsequently ratifies and solemnly undertakes to respect the treaty.
b) accession
This is the act whereby a State which did not sign the text of a treaty when it was adopted consents to be bound by it. Accession
has the same implications as ratification.
A newly independent State may, by means of a declaration of succession, express the desire to remain bound by a treaty which
applied to its territory prior to independence. It may also make a declaration of provisional application of the treaties while
examining them prior to accession or succession.
Within the context of those procedures and under certain conditions, a State may make reservations in order to exclude or
modify the legal effect of certain provisions of the treaty. The main condition is that such reservations do not run counter to
essential substantive elements of the treaty.
Lastly, national liberation movements covered by Article 1, paragraph 4, of Protocol I may undertake to apply the Conventions
and the Protocol by following the special procedure set down in Article 96, paragraph 3, of Protocol I.
Extract from ICRC publication "International humanitarian law: answers to your questions"
Only States may become party to international treaties, and thus to the Geneva Conventions and their Additional Protocols.
However, all parties to an armed conflict whether States or non-State actors are bound by international humanitarian law. At the
end of 2003, almost all the world's States - 191, to be precise - were party to the Geneva Conventions. The fact that the treaties
are among those accepted by the greatest number of countries testifies to their universality. In the case of the Additional
Protocols, 161 States were party to Protocol I and 156 to Protocol II by the same date.
Signature, ratification, accession, reservations, succession
Multilateral treaties between States, such as the Geneva Conventions and their Additional Protocols, require two separate
procedures:
a) signature followed by ratification
While signature does not bind a State, it does oblige the State to behave in a way which does not render the substance of the
treaty meaningless when the State subsequently ratifies and solemnly undertakes to respect the treaty.
b) accession
This is the act whereby a State which did not sign the text of a treaty when it was adopted consents to be bound by it. Accession
has the same implications as ratification.
A newly independent State may, by means of a declaration of succession, express the desire to remain bound by a treaty which
applied to its territory prior to independence. It may also make a declaration of provisional application of the treaties while
examining them prior to accession or succession.
Within the context of those procedures and under certain conditions, a State may make reservations in order to exclude or
modify the legal effect of certain provisions of the treaty. The main condition is that such reservations do not run counter to
essential substantive elements of the treaty.
Lastly, national liberation movements covered by Article 1, paragraph 4, of Protocol I may undertake to apply the Conventions
and the Protocol by following the special procedure set down in Article 96, paragraph 3, of Protocol I.
What are the provisions of humanitarian law governing use of the emblem?
Extract from ICRC publication "International humanitarian law: answers to your questions"
The Geneva Conventions mention three emblems: the red cross, the red crescent and the red lion and sun, although only the first two are now being used.
The Conventions and their Additional Protocols contain several articles on the emblem. Among other things, they specify the use, size, purpose and placing
of the emblem, the persons and property it protects, who can use it, what respect for the emblem entails and the penalties for misuse.
* In times of armed conflict, the emblem may be used as a protective device only by:
* armed forces medical services;
* National Red Cross and Red Crescent Societies duly recognized and authorized by their governments to lend assistance to the medical services of armed
forces; the National Societies may use the emblem for protective purposes only for those of their personnel and equipment assisting official medical
services in wartime, provided that those personnel and equipment perform the same functions and only those functions and are subject to military law and
regulations;
* civilian hospitals and other medical facilities recognized as such by the government and authorized to display the emblem for protective purposes
(first-aid posts, ambulances, etc.);
* other voluntary relief agencies subject to the same conditions as National Societies: they must have government recognition and authorization, may use
the emblem only for personnel and equipment allocated exclusively to medical services, and must be subject to military law and regulations.
International humanitarian law also specifies that each State party to the Geneva Conventions is required to take steps to prevent and punish misuse of
the emblem in wartime and peacetime alike, and to enact a law on the protection of the emblem.
Use of the emblem
Use of the emblem for protective purposes is a visible manifestation of the protection accorded by the Geneva Conventions to medical personnel, units and
transports.
Use of the emblem for indicative purposes in wartime or in times of peace shows that a person or item of property has a link with the International Red
Cross and Red Crescent Movement.
The ICRC is entitled at all times to use the emblem for both protective and indicative purposes.
Misuse of the emblem
Any use not expressly authorized by IHL constitutes a misuse of the emblem. There are three types of misuse:
* imitation, meaning the use of a sign which, by its shape and/or colour, may cause confusion with the emblem;
* usurpation, i.e. the use of the emblem by bodies or persons not entitled to do so (commercial enterprises, pharmacists, private doctors,
non-governmental organizations and ordinary individuals, etc.); if persons normally authorized to use the emblem fail to do so in accordance with the rules
in the Conventions and Protocols, this also constitutes usurpation;
* perfidy, i.e. making use of the emblem in time of conflict to protect combatants or military equipment; perfidious use of the emblem is a war crime in
both international and noninternational armed conflict.
Misuse of the emblem for protective purposes in time of war jeopardizes the system of protection set up by IHL.
Misuse of the emblem for indicative purposes undermines its image in the eyes of the public and consequently reduces its protective power in time of war.
The States party to the Geneva Conventions have undertaken to introduce penal measures for preventing and repressing misuse of the emblem in wartime
and peacetime alike.
Extract from ICRC publication "International humanitarian law: answers to your questions"
The Geneva Conventions mention three emblems: the red cross, the red crescent and the red lion and sun, although only the first two are now being used.
The Conventions and their Additional Protocols contain several articles on the emblem. Among other things, they specify the use, size, purpose and placing
of the emblem, the persons and property it protects, who can use it, what respect for the emblem entails and the penalties for misuse.
* In times of armed conflict, the emblem may be used as a protective device only by:
* armed forces medical services;
* National Red Cross and Red Crescent Societies duly recognized and authorized by their governments to lend assistance to the medical services of armed
forces; the National Societies may use the emblem for protective purposes only for those of their personnel and equipment assisting official medical
services in wartime, provided that those personnel and equipment perform the same functions and only those functions and are subject to military law and
regulations;
* civilian hospitals and other medical facilities recognized as such by the government and authorized to display the emblem for protective purposes
(first-aid posts, ambulances, etc.);
* other voluntary relief agencies subject to the same conditions as National Societies: they must have government recognition and authorization, may use
the emblem only for personnel and equipment allocated exclusively to medical services, and must be subject to military law and regulations.
International humanitarian law also specifies that each State party to the Geneva Conventions is required to take steps to prevent and punish misuse of
the emblem in wartime and peacetime alike, and to enact a law on the protection of the emblem.
Use of the emblem
Use of the emblem for protective purposes is a visible manifestation of the protection accorded by the Geneva Conventions to medical personnel, units and
transports.
Use of the emblem for indicative purposes in wartime or in times of peace shows that a person or item of property has a link with the International Red
Cross and Red Crescent Movement.
The ICRC is entitled at all times to use the emblem for both protective and indicative purposes.
Misuse of the emblem
Any use not expressly authorized by IHL constitutes a misuse of the emblem. There are three types of misuse:
* imitation, meaning the use of a sign which, by its shape and/or colour, may cause confusion with the emblem;
* usurpation, i.e. the use of the emblem by bodies or persons not entitled to do so (commercial enterprises, pharmacists, private doctors,
non-governmental organizations and ordinary individuals, etc.); if persons normally authorized to use the emblem fail to do so in accordance with the rules
in the Conventions and Protocols, this also constitutes usurpation;
* perfidy, i.e. making use of the emblem in time of conflict to protect combatants or military equipment; perfidious use of the emblem is a war crime in
both international and noninternational armed conflict.
Misuse of the emblem for protective purposes in time of war jeopardizes the system of protection set up by IHL.
Misuse of the emblem for indicative purposes undermines its image in the eyes of the public and consequently reduces its protective power in time of war.
The States party to the Geneva Conventions have undertaken to introduce penal measures for preventing and repressing misuse of the emblem in wartime
and peacetime alike.
The history of the emblems
The red cross and the red crescent have been at the service of humanity for more than a century - affording protection to those affected by conflict and to those assisting them. In December
2005, an additional emblem - the red crystal - was created alongside the red cross and the red crescent. The following document explains the history of the emblems.
1859
Prior to the nineteenth century, the symbols used to identify armed forces' medical services varied according to their country of origin. The symbols were not generally well known, were rarely
respected and were not entitled to any form of legal protection.
In the second half of the nineteenth century, the rapid development in firearms technology led to a dramatic increase in the number of dead and wounded during wartime.
On 24 June 1859, the War of Italian Unification was raging. Henry Dunant, a Swiss citizen, was on a private trip that took him to the town of Solferino. There, he witnessed the misery of more
than 45,000 soldiers abandoned, dead or wounded, on the battlefield.
Back in Geneva, Henry Dunant started writing a book proposing drastic improvements in the assistance afforded to war victims.
***
1862
In 1862, A Memory of Solferino was published. The book puts forward two proposals:
* to set up in peacetime and in every country volunteer groups to take care of casualties in wartime;
* to get countries to agree to protect first aid volunteers and the wounded on the battlefield;
The first proposal was the origin of the National Societies that now exist in 183 countries; and the second was the origin of the Geneva Conventions now signed by 192 States.
***
1863
On 17 February 1863, a five-member committee, the future International Committee of the Red Cross (ICRC), met to study Dunant's proposals.
One of its main objectives was to adopt a single distinctive symbol backed by the law to indicate respect for army medical services, volunteers with first aid societies and the victims of armed
conflicts.
The symbol needed to be simple, identifiable from a distance, known to everyone and identical for friend and foe. The emblem had to be the same for everyone and universally recognizable.
On 26 October 1863, the first International Conference was convened. It included delegates from 14 governments.
In addition to adopting ten resolutions, which provided for the establishment of relief societies for wounded soldiers - the future Red Cross and, later, Red Crescent Societies - it also adopted
the red cross on a white background as the uniform distinctive emblem.
1864
In August 1864, the Diplomatic Conference, convened for the purpose of transforming the resolutions adopted in 1863 into treaty rules, adopted the First Geneva Convention.
Modern international humanitarian law was born.
The First Geneva Convention recognized the red cross on a white background as the single distinctive emblem.
Since the emblem was to reflect the neutrality of the armed forces' medical services and the protection conferred on them, the emblem adopted was formed by reversing the colours of the
Swiss flag.
Switzerland's permanent neutral status had been firmly established in practice for several years, and had been confirmed by the Treaties of Vienna and Paris in 1815. Furthermore, the white
flag was and remains a symbol of the wish to negotiate or to surrender; firing on anyone displaying it in good faith is unacceptable.
The resulting symbol had the advantage of being easily produced and recognizable at a distance because of its contrasting colours.
1876-1878
During the war between Russia and Turkey, the Ottoman Empire declared that it would use the red crescent on a white background in place of the red cross. While respecting the red cross
symbol, the Ottoman authorities believed that the red cross was, by its very nature, offensive to Muslim soldiers. The red crescent was temporarily accepted for the duration of this conflict.
1929
After the First World War, the 1929 Diplomatic Conference was called to revise the Geneva Conventions. The Turkish, Persian and Egyptian delegations requested that the red crescent and the
red lion and sun be recognized. After lengthy discussions, the Conference agreed to recognize them as distinctive emblems in addition to the red cross; but in order to avoid any proliferation of
emblems, it limited the authorization to the three countries that already used them.
The three distinctive emblems enjoy equal status under the Geneva Conventions.
Today, 151 National Societies use the red cross and 32 the red crescent.
1949
The Diplomatic Conference convened in 1949 to revise the Geneva Conventions in the aftermath of the Second World War studied three proposals for a solution to the question of the
emblems:
* a proposal from the Netherlands for a new single symbol;
* a proposal to revert to using a single red cross symbol;
* a proposal from Israel for the recognition of a new emblem, the red shield of David which was used as the distinctive symbol of the Israeli armed forces’ medical services;
All three proposals were rejected.
The conference expressed its opposition to the proliferation of protective emblems. The red cross, the red crescent and the red lion and sun remained the recognized emblems.
1980
The Islamic Republic of Iran declared that it was waiving its right to use the red lion and sun and would use the red crescent as its distinctive symbol. However, it reserved the right to return to
the red lion and sun should new emblems be recognized.
1992
Debate about the emblems continued after the 1949 decision. A number of countries and their relief societies still wanted to use national emblems, or both the cross and crescent together. By
the 1990s, there was also concern about respect for the neutrality of the red cross or red crescent in certain difficult conflicts. In 1992, the then president of the ICRC called publicly for the
creation of an additional emblem devoid of any national, political or religious connotation.
1999
The 1999 International Conference of the Red Cross and Red Crescent endorsed the proposal that a joint working group of States and National Societies on the emblems should be formed to
find a comprehensive and lasting solution acceptable to all parties in terms of substance and procedure.
2000
The Working Group realized that a majority of States and National Societies were deeply attached to the red cross and red crescent emblems. Thus, the only way of finding a widely accepted
solution was to adopt a third additional emblem, devoid of any national, political or religious connotation.
The design of the new emblem should enable a National Society using it to:
* insert a cross or a crescent;
* insert a cross and a crescent side by side;
* insert any other symbol that is in use and has been communicated to the depositary State of the Geneva Conventions and the ICRC.
2005
In December 2005 during the Diplomatic Conference in Geneva, the States adopted Protocol III additional to the Geneva Conventions, creating an additional emblem alongside the red cross
and red crescent. The new emblem - known as the red crystal - resolves several issues that the Movement has faced over the years, including:
* the possibility for countries unwilling to adopt the red cross or the red crescent to join the Movement as full members by using the red crystal;
* the possibility of using the red cross and the red crescent together.
2006
In June 2006, an International Conference of the Red Cross and Red Crescent will meet in Geneva to amend the statutes of the Movement to take into account the creation of the new emblem.
The red cross and the red crescent have been at the service of humanity for more than a century - affording protection to those affected by conflict and to those assisting them. In December
2005, an additional emblem - the red crystal - was created alongside the red cross and the red crescent. The following document explains the history of the emblems.
1859
Prior to the nineteenth century, the symbols used to identify armed forces' medical services varied according to their country of origin. The symbols were not generally well known, were rarely
respected and were not entitled to any form of legal protection.
In the second half of the nineteenth century, the rapid development in firearms technology led to a dramatic increase in the number of dead and wounded during wartime.
On 24 June 1859, the War of Italian Unification was raging. Henry Dunant, a Swiss citizen, was on a private trip that took him to the town of Solferino. There, he witnessed the misery of more
than 45,000 soldiers abandoned, dead or wounded, on the battlefield.
Back in Geneva, Henry Dunant started writing a book proposing drastic improvements in the assistance afforded to war victims.
***
1862
In 1862, A Memory of Solferino was published. The book puts forward two proposals:
* to set up in peacetime and in every country volunteer groups to take care of casualties in wartime;
* to get countries to agree to protect first aid volunteers and the wounded on the battlefield;
The first proposal was the origin of the National Societies that now exist in 183 countries; and the second was the origin of the Geneva Conventions now signed by 192 States.
***
1863
On 17 February 1863, a five-member committee, the future International Committee of the Red Cross (ICRC), met to study Dunant's proposals.
One of its main objectives was to adopt a single distinctive symbol backed by the law to indicate respect for army medical services, volunteers with first aid societies and the victims of armed
conflicts.
The symbol needed to be simple, identifiable from a distance, known to everyone and identical for friend and foe. The emblem had to be the same for everyone and universally recognizable.
On 26 October 1863, the first International Conference was convened. It included delegates from 14 governments.
In addition to adopting ten resolutions, which provided for the establishment of relief societies for wounded soldiers - the future Red Cross and, later, Red Crescent Societies - it also adopted
the red cross on a white background as the uniform distinctive emblem.
1864
In August 1864, the Diplomatic Conference, convened for the purpose of transforming the resolutions adopted in 1863 into treaty rules, adopted the First Geneva Convention.
Modern international humanitarian law was born.
The First Geneva Convention recognized the red cross on a white background as the single distinctive emblem.
Since the emblem was to reflect the neutrality of the armed forces' medical services and the protection conferred on them, the emblem adopted was formed by reversing the colours of the
Swiss flag.
Switzerland's permanent neutral status had been firmly established in practice for several years, and had been confirmed by the Treaties of Vienna and Paris in 1815. Furthermore, the white
flag was and remains a symbol of the wish to negotiate or to surrender; firing on anyone displaying it in good faith is unacceptable.
The resulting symbol had the advantage of being easily produced and recognizable at a distance because of its contrasting colours.
1876-1878
During the war between Russia and Turkey, the Ottoman Empire declared that it would use the red crescent on a white background in place of the red cross. While respecting the red cross
symbol, the Ottoman authorities believed that the red cross was, by its very nature, offensive to Muslim soldiers. The red crescent was temporarily accepted for the duration of this conflict.
1929
After the First World War, the 1929 Diplomatic Conference was called to revise the Geneva Conventions. The Turkish, Persian and Egyptian delegations requested that the red crescent and the
red lion and sun be recognized. After lengthy discussions, the Conference agreed to recognize them as distinctive emblems in addition to the red cross; but in order to avoid any proliferation of
emblems, it limited the authorization to the three countries that already used them.
The three distinctive emblems enjoy equal status under the Geneva Conventions.
Today, 151 National Societies use the red cross and 32 the red crescent.
1949
The Diplomatic Conference convened in 1949 to revise the Geneva Conventions in the aftermath of the Second World War studied three proposals for a solution to the question of the
emblems:
* a proposal from the Netherlands for a new single symbol;
* a proposal to revert to using a single red cross symbol;
* a proposal from Israel for the recognition of a new emblem, the red shield of David which was used as the distinctive symbol of the Israeli armed forces’ medical services;
All three proposals were rejected.
The conference expressed its opposition to the proliferation of protective emblems. The red cross, the red crescent and the red lion and sun remained the recognized emblems.
1980
The Islamic Republic of Iran declared that it was waiving its right to use the red lion and sun and would use the red crescent as its distinctive symbol. However, it reserved the right to return to
the red lion and sun should new emblems be recognized.
1992
Debate about the emblems continued after the 1949 decision. A number of countries and their relief societies still wanted to use national emblems, or both the cross and crescent together. By
the 1990s, there was also concern about respect for the neutrality of the red cross or red crescent in certain difficult conflicts. In 1992, the then president of the ICRC called publicly for the
creation of an additional emblem devoid of any national, political or religious connotation.
1999
The 1999 International Conference of the Red Cross and Red Crescent endorsed the proposal that a joint working group of States and National Societies on the emblems should be formed to
find a comprehensive and lasting solution acceptable to all parties in terms of substance and procedure.
2000
The Working Group realized that a majority of States and National Societies were deeply attached to the red cross and red crescent emblems. Thus, the only way of finding a widely accepted
solution was to adopt a third additional emblem, devoid of any national, political or religious connotation.
The design of the new emblem should enable a National Society using it to:
* insert a cross or a crescent;
* insert a cross and a crescent side by side;
* insert any other symbol that is in use and has been communicated to the depositary State of the Geneva Conventions and the ICRC.
2005
In December 2005 during the Diplomatic Conference in Geneva, the States adopted Protocol III additional to the Geneva Conventions, creating an additional emblem alongside the red cross
and red crescent. The new emblem - known as the red crystal - resolves several issues that the Movement has faced over the years, including:
* the possibility for countries unwilling to adopt the red cross or the red crescent to join the Movement as full members by using the red crystal;
* the possibility of using the red cross and the red crescent together.
2006
In June 2006, an International Conference of the Red Cross and Red Crescent will meet in Geneva to amend the statutes of the Movement to take into account the creation of the new emblem.
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