Section 82p. 82

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

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

PREAMBLE

The High Contracting Parties,

(PP1)

Reaffirming

the

provisions

of

the

Geneva

Conventions of 12 August 1949 (in particular Articles 26, 38

, 42 and 44 of the First Geneva Convention) and, where

applicable, their Additional Protocols of 8 June 1977 (in

particular Articles 18 and 38 of Additional Protocol I and

Article 12 of Additional Protocol II), concerning the use of

distinctive emblems,

(PP2)

Desiring

to

supplement

the

aforementioned

provisions so as to enhance their protective value and

universal character,

(PP3) Noting that this Protocol is without prejudice to the

recognized right of High Contracting Parties to continue

to use the emblems they are using in conformity with

their obligations under the Geneva Conventions and,

where applicable, the Protocols additional thereto,

(PP4) Recalling that the obligation to respect persons

and objects protected by the Geneva Conventions and

the

Protocols

additional

thereto

derives

from

their

protected status under international law and is not

dependent on use of the distinctive emblems, signs or

signals,

(PP5) Stressing that the distinctive emblems are not

intended to have any religious, ethnic, racial, regional or

political significance,

(PP6)

Emphasizing

the

importance

of

ensuring

full

respect for the obligations relating to the distinctive

emblems recognized in the Geneva Conventions, and,

where applicable, the Protocols additional thereto,

(PP7)

Recalling

that

Article 44 of the First Geneva

Convention makes the distinction between the protective

use and the indicative use of the distinctive emblems,

(PP8)

Recalling

further

that

National

Societies

undertaking activities on the territory of another State

must ensure that the emblems they intend to use within

the framework of such activities may be used in the

country where the activity takes place and in the country

or countries of transit,

(PP9) Recognizing the difficulties that certain States and

National Societies may have with the use of the existing

distinctive emblems,

(PP10) Noting the determination of the International

Committee of the Red Cross, the International Federation

of

Red

Cross

and

Red

Crescent

Societies

and

the

International Red Cross and Red Crescent Movement to

retain their current names and emblems,

Have agreed on the following:

Article 1 - Respect for and scope of application of this

Protocol

1.The High Contracting Parties undertake to respect and

to ensure respect for this Protocol in all circumstances.

2. This Protocol reaffirms and supplements the provisions

of the four Geneva Conventions of 12 August 1949 ("the

Geneva Conventions") and, where applicable, of their two

Additional Protocols of 8 June 1977 ("the 1977 Additional

Protocols") relating to the distinctive emblems, namely

the red cross, the red crescent and the red lion and sun,

and shall apply in the same situations as those referred to

in these provisions.

Article 2 - Distinctive emblems

1.This

Protocol

recognizes

an

additional

distinctive

emblem in addition to, and for the same purposes as, the

distinctive emblems of the Geneva Conventions. The

distinctive emblems shall enjoy equal status.

2. This additional distinctive emblem, composed of a red

frame in the shape of a square on edge on a white

ground, shall conform to the illustration in the Annex to

this Protocol. This distinctive emblem is referred to in this

Protocol as the "third Protocol emblem".

3. The conditions for use of and respect for the third

Protocol emblem are identical to those for the distinctive

emblems established by the Geneva Conventions and,

where applicable, the 1977 Additional Protocols.

4. The medical services and religious personnel of armed

forces of High Contracting Parties may, without prejudice

to their current emblems, make temporary use of any

distinctive emblem referred to in paragraph 1 of this

Article where this may enhance protection.

Article 3 - Indicative use of the third Protocol emblem

1. National Societies of those High Contracting Parties

which decide to use the third Protocol emblem may, in

using the emblem in conformity with relevant national

legislation, choose to incorporate within it, for indicative

purposes:

a)

a

distinctive

emblem

recognized

by the Geneva

Conventions or a combination of these emblems; or

b) another emblem which has been in effective use by a

High

Contracting

Party

and

was

the

subject

of

a

communication to the other High Contracting Parties

and

the

International

Committee

of

the Red Cross

through the depositary prior to the adoption of this

Protocol.

Incorporation shall conform to the illustration in the

Annex to this Protocol.

2. A National Society which chooses to incorporate within

the

third

Protocol

emblem

another

emblem

in

accordance with paragraph 1 above, may, in conformity

with national legislation, use the designation of that

emblem and display it within its national territory.

3. National Societies may, in accordance with national

legislation

and

in

exceptional circumstances and to

facilitate

their

work,

make

temporary

use

of

the

distinctive emblem referred to in Article 2 [ Link ] of this

Protocol.

4. This Article does not affect the legal status of the

distinctive

emblems

recognized

in

the

Geneva

Conventions and in this Protocol, nor does it affect the

legal status of any particular emblem when incorporated

for indicative purposes in accordance with paragraph 1 of

this Article.

Article 4 - International Committee of the Red Cross and

International Federation of Red Cross and Red Crescent

Societies

The International Committee of the Red Cross and the

International Federation of Red Cross and Red Crescent

Societies, and their duly authorized personnel, may use, in

exceptional circumstances and to facilitate their work, the

distinctive emblem referred to in Article 2 [ Link ] of this

Protocol.

Article 5 - Missions under United Nations auspices

The

medical

services

and

religious

personnel

participating in operations under the auspices of the

United Nations may, with the agreement of participating

States, use one of the distinctive emblems mentioned in

Articles 1 and 2.

Article 6 - Prevention and repression of misuse

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