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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.

Geneva Conventions Protocol III
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
TypeProtocol
Drafted5–8 December 2005
Signed8 December 2005 (2005-12-08)
LocationGeneva
Effective14 January 2007 (2007-01-14)
ConditionSix months after two instruments of ratification or accession were deposited
Signatories
Parties
DepositarySwiss Federal Council
LanguagesEnglish, Arabic, Chinese, Spanish, French, Russian
Full text
Geneva Convention/Protocol III at Wikisource
A map showing the current status of Protocol by country, as of July 2020:
  State parties (77)
  State signatories (21)
  Neither
The Red Crystal emblem approved by the States party to the Protocol III of the Geneva Conventions

History edit

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.[3] 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.[4] 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,[5] 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:[6]

  • They may be perceived as having religious, cultural or political connotations. This perception conflicts with neutral, humanitarian status of medical personnel in armed conflicts.
  • These emblems are tied to membership in the National Societies. Members are required to use the red cross or red crescent emblem. Since Magen David Adom was unwilling to give up their red Star of David, they were not granted membership. Without membership, they were not eligible for certain protections under the Geneva Conventions.

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.[7] The treaty came into force on 14 January 2007.

Governing rules edit

 
Norwegian medics wearing a protective emblem

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:[8]

  • Protective use. Medical and religious personnel may mark themselves, their vehicles, ships and buildings as a sign of their humanitarian mission and protected status under the Geneva Conventions, particularly the First Geneva Convention. The protections of the Geneva Convention do not depend on the wearing of the emblem. The emblems are merely a visible sign of the protected status of individuals. Members of the armed forces may use these markings at all times. Civilian institutions such as hospitals may use these markings temporarily, within the context of an armed conflict.
  • Indicative use. Members of the movement may wear the emblems in both times of conflict and times of peace as an indication of their membership.

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.[8]

See also edit

  • List of parties to the Geneva Conventions: includes a list of states that signed and a list of states that have ratified Protocol III
  • Protocol I, a 1977 amendment adopted addressing the protection of victims in international conflicts.
  • Protocol II, a 1977 amendment adopted relating to the protection of victims of non-international armed conflicts.

References edit

  1. ^ "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". International Committee of the Red Cross. n.d. Retrieved 1 April 2019.
  2. ^ "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". International Committee of the Red Cross. n.d. Retrieved 9 April 2019.
  3. ^ Bugnion, Francois (2000). . International Committee of the Red Cross. Archived from the original on 14 July 2011. Retrieved 4 August 2009.
  4. ^ Pictet, Jean (1958). Geneva Conventions of 12 August 1949: Commentary. International Committee of the Red Cross. ISBN 2-88145-065-2. Retrieved 4 August 2009.
  5. ^ 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.
  6. ^ Pulles, Gerrit Jan (2005). "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: 296–319. doi:10.1017/S1389135905002965. ISBN 978-90-6704-244-4. Retrieved 4 August 2009.
  7. ^ "States party to the main treaties". International Committee of the Red Cross. 3 October 2013. Retrieved 1 July 2020.
  8. ^ a b . International Red Cross and Red Crescent Societies. 2007. Archived from the original on 25 February 2011. Retrieved 5 August 2009.

External links edit

  • Committee of the Red Cross: Full text of Protocol III with commentaries
  • List of countries that have ratified Protocol III
  • List of countries that have signed but not yet ratified Protocol III
  • Press release from the International Committee of the Red Cross welcoming the signing of Protocol III

protocol, united, nations, convention, certain, conventional, weapons, protocol, incendiary, weapons, geneva, redirects, here, other, topics, geneva, protocol, disambiguation, 2005, amendment, protocol, geneva, conventions, relating, adoption, additional, dist. For Protocol III to the United Nations Convention on Certain Conventional Weapons see Protocol on Incendiary Weapons Geneva Protocol III redirects here For other topics see Geneva Protocol disambiguation 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 Geneva Conventions Protocol IIIProtocol additional to the Geneva Conventions of 12 August 1949 and relating to the Adoption of an Additional Distinctive Emblem Protocol III 8 December 2005TypeProtocolDrafted5 8 December 2005Signed8 December 2005 2005 12 08 LocationGenevaEffective14 January 2007 2007 01 14 ConditionSix months after two instruments of ratification or accession were depositedSignatories20 States 1 Angola Bolivia Bosnia and Herzegovina Burundi Cape Verde Colombia Congo Ethiopia Ghana Haiti Ireland Jamaica Malta NepalRepublic of Korea Russian Federation Sierra Leone Togo Turkey United Republic of TanzaniaParties78 States 2 Albania Argentina Armenia Australia Austria Belarus Belgium Belize Brazil Bulgaria Burkina Faso Canada Chile Costa Rica Croatia Cyprus Czech Republic Denmark Dominican Republic Ecuador El Salvador Estonia Fiji Finland France Georgia Germany Greece Guatemala Guyana Honduras Hungary Iceland Israel Italy Kazakhstan Kenya Kyrgyzstan Latvia Lesotho Liechtenstein Lithuania Luxembourg Madagascar Mexico Monaco Nauru Netherlands New Zealand Nicaragua North Macedonia Norway Palestine non state observer of UN Panama Paraguay Peru Philippines Poland Portugal Republic of Moldova Romania San Marino Serbia Singapore Slovakia Slovenia South Sudan Spain Suriname Sweden Switzerland East Timor Uganda Ukraine United Kingdom of Great Britain and Northern Ireland United States of America UruguayDepositarySwiss Federal CouncilLanguagesEnglish Arabic Chinese Spanish French RussianFull textGeneva Convention Protocol III at Wikisource A map showing the current status of Protocol by country as of July 2020 State parties 77 State signatories 21 Neither The Red Crystal emblem approved by the States party to the Protocol III of the Geneva Conventions Contents 1 History 2 Governing rules 3 See also 4 References 5 External linksHistory editBy 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 3 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 4 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 5 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 6 They may be perceived as having religious cultural or political connotations This perception conflicts with neutral humanitarian status of medical personnel in armed conflicts These emblems are tied to membership in the National Societies Members are required to use the red cross or red crescent emblem Since Magen David Adom was unwilling to give up their red Star of David they were not granted membership Without membership they were not eligible for certain protections under the Geneva Conventions 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 7 The treaty came into force on 14 January 2007 Governing rules edit nbsp Norwegian medics wearing a protective emblem 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 8 Protective use Medical and religious personnel may mark themselves their vehicles ships and buildings as a sign of their humanitarian mission and protected status under the Geneva Conventions particularly the First Geneva Convention The protections of the Geneva Convention do not depend on the wearing of the emblem The emblems are merely a visible sign of the protected status of individuals Members of the armed forces may use these markings at all times Civilian institutions such as hospitals may use these markings temporarily within the context of an armed conflict Indicative use Members of the movement may wear the emblems in both times of conflict and times of peace as an indication of their membership 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 8 See also editList of parties to the Geneva Conventions includes a list of states that signed and a list of states that have ratified Protocol III Protocol I a 1977 amendment adopted addressing the protection of victims in international conflicts Protocol II a 1977 amendment adopted relating to the protection of victims of non international armed conflicts References edit 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 International Committee of the Red Cross n d Retrieved 1 April 2019 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 International Committee of the Red Cross n d Retrieved 9 April 2019 Bugnion Francois 2000 Towards a comprehensive solution to the question of the emblem International Committee of the Red Cross Archived from the original on 14 July 2011 Retrieved 4 August 2009 Pictet Jean 1958 Geneva Conventions of 12 August 1949 Commentary International Committee of the Red Cross ISBN 2 88145 065 2 Retrieved 4 August 2009 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 Pulles Gerrit Jan 2005 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 296 319 doi 10 1017 S1389135905002965 ISBN 978 90 6704 244 4 Retrieved 4 August 2009 States party to the main treaties International Committee of the Red Cross 3 October 2013 Retrieved 1 July 2020 a b Emblems of humanity International Red Cross and Red Crescent Societies 2007 Archived from the original on 25 February 2011 Retrieved 5 August 2009 External links edit nbsp Wikisource has original text related to this article Protocol III Committee of the Red Cross Full text of Protocol III with commentaries List of countries that have ratified Protocol III List of countries that have signed but not yet ratified Protocol III Press release from the International Committee of the Red Cross welcoming the signing of Protocol III Retrieved from https en wikipedia org w index php title Protocol III amp oldid 1221073897, wikipedia, wiki, book, books, library,

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