Protocol III explained

Geneva Conventions Protocol III
Long Name:Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), 8 December 2005
Type:Protocol
Date Drafted:58 December 2005
Location Signed:Geneva
Condition Effective:Six months after two instruments of ratification or accession were deposited
Depositor:Swiss Federal Council
Languages:English, Arabic, Chinese, Spanish, French, Russian
Wikisource:Geneva Convention/Protocol III

Protocol III is a 2005 amendment protocol to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem. Under the protocol, the protective sign of the Red Crystal may be displayed by medical and religious personnel at times of war, instead of the traditional Red Cross or Red Crescent symbols. People displaying any of these protective emblems are performing a humanitarian service and must be protected by all parties to the conflict.

History

By the middle of the 19th century, modern warfare had become increasingly indiscriminate. It was not uncommon for a combat medic on the field of battle to be fired upon and to die while collecting and caring for the wounded. There was a growing recognition of the need to distinguish medical personnel from combatants, to make it easier for military commanders to avoid and protect them.[1] Allowing each country to develop its own emblem would have led to confusion. What was needed to save lives was a single neutral emblem that all countries recognized and used equally.

The 1864 Geneva Convention establishes that a distinctive emblem should be worn by medical personnel on the field of battle as an indication of their humanitarian mission and their non-combatant status.[2] At that time, the chosen symbol was a red cross on a white background. Muslim nations have objected to this symbol due to its resemblance to the Christian cross. As early as 1876, the Ottoman Empire introduced the Red Crescent as an alternative, less Christian emblem. Additional emblems have been proposed, including the red lion and sun of Persia,[3] the double emblem (both the red cross and red crescent together) by the Red Cross Society of Eritrea, and the red Star of David by Magen David Adom of Israel.

Over time the adoption of a single, universal emblem has been met with two recurrent difficulties:[4]

In 2005, an international delegation finally achieved a comprehensive solution to these difficulties with the adoption of Protocol III. Magen David Adom is granted protections under the Geneva Conventions as long as they display the Red Crystal in the context of international conflict. As of July 2020, Protocol III has been ratified or acceded to by 78 countries and signed by a further 20.[5] The treaty came into force on 14 January 2007.

Governing rules

Article 2 of this brief protocol recognizes an additional distinctive emblem, the Red Crystal, that may be used in addition to, and for the same purposes as, the Red Cross and Red Crescent symbols. All three emblems are appointed the same legal status.

There are two distinct uses that are recognized for all three emblems:[6]

Misuse of these emblems is prohibited by international law. Misuse may diminish their protective value and undermine the effectiveness of humanitarian workers. Use of one of the emblems to protect combatants and military equipment with the intent of misleading an adversary is perfidy and is considered a war crime.[6]

See also

External links

Notes and References

  1. Book: Bugnion, Francois . Towards a comprehensive solution to the question of the emblem . International Committee of the Red Cross . 2000 . 4 August 2009 . 14 July 2011 . https://web.archive.org/web/20110714064126/http://www.mdais.com/e/347/%26mod%3Ddownload%26me_id%3D5809 . dead .
  2. Book: Pictet, Jean . Geneva Conventions of 12 August 1949: Commentary . International Committee of the Red Cross . 1958 . 4 August 2009 . 2-88145-065-2.
  3. The red lion and sun, while still a recognized protective symbol today, has fallen into disuse. Iran/Persia was the only country to use this symbol, and they have since switched to the Red Crescent after the Iranian Revolution.
  4. Pulles . Gerrit Jan . Crystallizing an emblem: on the adoption of the third additional protocol to the Geneva Conventions . Yearbook of International Humanitarian Law. 8 . International Committee of the Red Cross . 2005 . 978-90-6704-244-4 . 4 August 2009 . 296–319. 10.1017/S1389135905002965 .
  5. Web site: States party to the main treaties . 3 October 2013 . International Committee of the Red Cross . 1 July 2020 .
  6. Book: Emblems of humanity . 2007 . International Red Cross and Red Crescent Societies . 5 August 2009 . 25 February 2011 . https://web.archive.org/web/20110225062112/http://www.icrc.org/eng/resources/documents/publication/p0876.htm . dead .