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INTERNATIONAL COMMITTEE OF THE RED CROSS

INTERNATIONAL FEDERATION OF
RED CROSS AND RED CRESCENT SOCIETIES

HANDBOOK
OF THE
INTERNATIONAL
RED CROSS
AND
RED CRESCENT
MOVEMENT

Distinctive emblems of the International Red Cross and Red Crescent Movement

FOURTEENTH EDITION
2008
The Fundamental Principles
of the International Red Cross
and Red Crescent Movement

Humanity The International Red Cross and Red Crescent Movement, born of a
desire to bring assistance without discrimination to the wounded on the battlefield,
endeavours, in its international and national capacity, to prevent and alleviate
human suffering wherever it may be found. Its purpose is to protect life and health
and to ensure respect for the human being. It promotes mutual understanding,
friendship, cooperation and lasting peace amongst all peoples.
Impartiality It makes no discrimination as to nationality, race, religious beliefs,
class or political opinions. It endeavours to relieve the suffering of individuals, being
guided solely by their needs, and to give priority to the most urgent cases of distress.
Neutrality In order to continue to enjoy the confidence of all, the Movement may
not take sides in hostilities or engage at any time in controversies of a political,
racial, religious or ideological nature.
Independence The Movement is independent. The National Societies, while
auxiliaries in the humanitarian services of their governments and subject to the laws
of their respective countries, must always maintain their autonomy so that they may
be able at all times to act in accordance with the principles of the Movement.
Voluntary service It is a voluntary relief movement not prompted in any manner
by desire for gain.
Unity There can be only one Red Cross or one Red Crescent Society in any one
country. It must be open to all. It must carry on its humanitarian work throughout
its territory.
Universality The International Red Cross and Red Crescent Movement, in which
all Societies have equal status and share equal responsibilities and duties in helping
each other, is worldwide.

The Fundamental Principles were proclaimed by the 20th International Conference


of the Red Cross, Vienna, 1965. This is the revised text contained in the Statutes
of the International Red Cross and Red Crescent Movement, adopted by the
25th International Conference of the Red Cross, Geneva, 1986.
HANDBOOK
OF THE INTERNATIONAL RED CROSS
AND RED CRESCENT MOVEMENT
INTERNATIONAL COMMITTEE OF THE RED CROSS

INTERNATIONAL FEDERATION OF
RED CROSS AND RED CRESCENT SOCIETIES

Handbook
of the International Red Cross
and Red Crescent Movement

International humanitarian law

Statutes and Regulations

Main policies of the International Red Cross and Red Crescent Movement

Selected Resolutions of the International Conference


of the Red Cross and Red Crescent,
the Council of Delegates and the
General Assembly of the Federation

FOURTEENTH EDITION
GENEVA, 2008
This Handbook is published in English, French and Spanish. It can be obtained
from the following institutions:

INTERNATIONAL COMMITTEE OF THE RED CROSS


19, Avenue de la Paix
1202 GENEVA
www.icrc.org

INTERNATIONAL FEDERATION OF RED CROSS AND


RED CRESCENT SOCIETIES
17, Chemin des Crts, Petit-Saconnex
1211 GENEVA 19
www.ifrc.org

The texts reproduced here appear in their original form.

No attempt has been made to eliminate stylistic discrepancies.

ISBN: 978-2-940396-01-6

2008 International Committee of the Red Cross, Geneva


International Federation of Red Cross
and Red Crescent Societies, Geneva
TABLE OF CONTENTS

Foreword ............................................................................................. 17

PART ONE

INTERNATIONAL HUMANITARIAN LAW

A. GENEVA CONVENTIONS AND ADDITIONAL PROTOCOLS


I Geneva Convention for the Amelioration of the Condition
of the Wounded and Sick in Armed Forces in the Field,
of 12 August 1949 ............................................................................... 33
II Geneva Convention for the Amelioration of the Condition of
Wounded, Sick and Shipwrecked Members of Armed Forces at Sea,
of 12 August 1949 ............................................................................... 61
III Geneva Convention relative to the Treatment of Prisoners of War,
of 12 August 1949 ............................................................................... 85
IV Geneva Convention relative to the Protection of Civilian Persons in
Time of War, of 12 August 1949 ......................................................... 163
V Protocol Additional to the Geneva Conventions of 12 August 1949,
and relating to the Protection of Victims of International Armed
Conflicts (Protocol I), of 8 June 1977................................................. 233
VI Protocol Additional to the Geneva Conventions of 12 August 1949,
and relating to the Protection of Victims of Non-International
Armed Conflicts (Protocol II), of 8 June 1977................................... 311
VII Protocol Additional to the Geneva Conventions of 12 August 1949,
and relating to the Adoption of an Additional Distinctive Emblem
(Protocol III), of 8 December 2005 .................................................... 323

B. OTHER TEXTS OF INTERNATIONAL HUMANITARIAN LAW


I Declaration of St. Petersburg of 1868 to the Effect of Prohibiting the
Use of Certain Projectiles in Wartime................................................ 331
II Extract from the Declaration concerning the Prohibition of Using
Bullets which Expand or Flatten Easily in the Human Body
(International Peace Conference, The Hague, 1899) ......................... 333
8 TABLE OF CONTENTS

III Extract from The Hague Convention of 18 October 1907


Respecting the Laws and Customs of War on Land
(Convention No. IV) and Annexed Regulations................................ 334
IV Extract from The Hague Convention of 18 October 1907
Respecting the Rights and Duties of Neutral Powers and
Persons in Case of War on Land (Convention No. V) ....................... 346
V Geneva Protocol of 17 June 1925 for the Prohibition of the Use in
War of Asphyxiating, Poisonous or other Gases and of
Bacteriological Methods of Warfare................................................... 348
VI The Hague Convention of 14 May 1954 for the Protection of
Cultural Property in the Event of Armed Conflict ............................ 349
VII Regulations for the Execution of The Hague Convention of
14 May 1954 for the Protection of Cultural Property in the
Event of Armed Conflict..................................................................... 364
VIII Protocol to The Hague Convention of 14 May 1954 for the
Protection of Cultural Property in the Event of Armed Conflict ...... 375
IX Second Protocol to The Hague Convention of 14 May 1954 for
the Protection of Cultural Property in the Event of Armed Conflict 378
X Convention of 10 April 1972 on the Prohibition of the
Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on their Destruction............... 398
XI Convention of 10 December 1976 on the Prohibition of Military or
Any Other Hostile Use of Environmental Modification Techniques 403
XII 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
and annexed Protocols I-V................................................................. 408
XIII Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on their
Destruction (Extracts)........................................................................ 447
XIV Convention on the Prohibition of the Use, Stockpiling, Production
and Transfer of Anti-Personnel Mines and on their Destruction ..... 454
XV Rome Statute of the International Criminal Court (Extracts) .......... 468
XVI Article 38 of the United Nations Convention of 20 November 1989
on the Rights of the Child................................................................... 482
XVII Optional Protocol to the Convention on the Rights of the Child on
the Involvement of Children in Armed Conflict................................ 483
TABLE OF CONTENTS 9

C. OTHER LEGAL TEXTS


I Article 25 of the Covenant of the League of Nations (1920) ............. 489
II Resolution 55 (I) of the United Nations General Assembly relative
to the Red Cross (1946) ...................................................................... 489
III Resolution 2444/XXIII of the United Nations General Assembly
relative to the Respect for Human Rights in Armed Conflict (1968) 490
IV Final Declaration of the International Conference for the Protection
of War Victims (1993)......................................................................... 491
V Observer Status for the International Committee of the Red Cross . 495
VI Observer Status for the International Federation of Red Cross and
Red Crescent Societies ........................................................................ 499
VII Extract from the Rules of Procedure and Evidence
of the International Criminal Court................................................... 504
VIII Status of the Protocols Additional to the Geneva Conventions of
1949 and relating to the protection of victims of armed conflicts ... 506

D. TABLE OF STATES PARTIES ............................................................................. 510

E. TABLE OF RECOGNIZED SIGNS ........................................................................ 511


10 TABLE OF CONTENTS

PART TWO

STATUTES AND REGULATIONS

Document I RESOLUTIONS AND RECOMMENDATIONS OF THE GENEVA


INTERNATIONAL CONFERENCE OF 1863 .................................. 515
Document II STATUTES OF THE INTERNATIONAL RED CROSS AND
RED CRESCENT MOVEMENT ................................................... 517
Document III RULES OF PROCEDURE OF THE INTERNATIONAL RED CROSS
AND RED CRESCENT MOVEMENT ............................................ 535
Document IV STATUTES OF THE INTERNATIONAL COMMITTEE
OF THE RED CROSS ................................................................. 549
Document V CONSTITUTION OF THE INTERNATIONAL FEDERATION
OF RED CROSS AND RED CRESCENT SOCIETIES ....................... 557
Document VI RULES OF PROCEDURE OF THE INTERNATIONAL FEDERATION
OF RED CROSS AND RED CRESCENT SOCIETIES ....................... 593
Document VII SECTION I. AGREEMENT ON THE ORGANIZATION OF THE
INTERNATIONAL ACTIVITIES OF THE COMPONENTS OF THE
INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT 639
SECTION II. SUPPLEMENTARY MEASURES TO ENHANCE THE
IMPLEMENTATION OF THE SEVILLE AGREEMENT ...................... 655
Document VIII RULES OF PROCEDURE OF THE STANDING COMMISSION OF
THE RED CROSS AND RED CRESCENT ..................................... 665
Document IX REGULATIONS ON THE USE OF THE EMBLEM OF THE RED CROSS
OR THE RED CRESCENT BY THE NATIONAL SOCIETIES ............. 671
Document X THE PRINCIPLES AND RULES FOR RED CROSS AND RED
CRESCENT DISASTER RELIEF ................................................... 691
Document XI SECTION I. REGULATIONS FOR THE HENRY DUNANT MEDAL... 703
SECTION II. CRITERIA FOR AWARDING
THE HENRY DUNANT MEDAL ................................................. 705
Document XII REGULATIONS FOR THE RED CROSS AND RED CRESCENT
PRIZE FOR PEACE AND HUMANITY ......................................... 710
Document XIII REGULATIONS FOR THE FLORENCE NIGHTINGALE MEDAL ....... 711
Document XIV REGULATIONS FOR THE EMPRESS SHKEN FUND .................... 714
Document XV REGULATIONS FOR THE FRENCH FUND MAURICE DE MADRE .. 717
TABLE OF CONTENTS 11

PART THREE

MAIN POLICIES OF THE INTERNATIONAL RED CROSS


AND RED CRESCENT MOVEMENT

SECTION I
THE FUNDAMENTAL PRINCIPLES
I Principles .................................................................................................... 721
II Application of the Principles...................................................................... 723
III Reaffirmation of the Fundamental Principles of the Red Cross................ 724
IV Observation of strict political neutrality by National Societies ................ 724
V Proclamation of the Fundamental Principles of the Red Cross ................ 725
VI Reading of Principles.................................................................................. 726

SECTION II
PROMOTION OF NON-DISCRIMINATION
I Elimination of racial discrimination.......................................................... 727
Plan of action against racism and racial discrimination ........................... 727
II Strengthening Humanitarian Values across Religious, Political and
Ethnic Lines, Resolution 12 of the 2001 Council of Delegates and
Annex.......................................................................................................... 732
III Promote respect for diversity and fight discrimination and intolerance,
Resolution 9 of the 2003 Council of Delegates and Annex, Mobilization
and action The way forward..................................................................... 734
IV Promoting respect for diversity and non-discrimination, Resolution 3
of the 2005 Council of Delegates and Annex,
General criteria, orientations and guiding questions................................... 737

SECTION III
ORGANIZATION OF NATIONAL SOCIETIES
AND THEIR RELATIONS WITH ACTORS OUTSIDE THE MOVEMENT

CHAPTER I ORGANIZATION
I Model Law on the recognition of the name of the Red Cross and Red
Crescent Society.......................................................................................... 746
II Guidance for National Society statutes ...................................................... 751
III Characteristics of a well-functioning National Society ............................. 792
IV Strategy 2010: To improve the lives of vulnerable people by mobilizing
the power of humanity ............................................................................... 798
V Policy on the Protection of Integrity of National Societies ....................... 824
12 TABLE OF CONTENTS

CHAPTER II RELATIONS BETWEEN NATIONAL SOCIETIES


AND THEIR PUBLIC AUTHORITIES
I National Red Cross and Red Crescent Societies as auxiliaries to the
public authorities in the humanitarian field, Resolution 6 of the
2003 Council of Delegates .......................................................................... 828
II National Red Cross and Red Crescent Societies as auxiliaries to the
public authorities in the humanitarian field, report to the 2003 Council
of Delegates................................................................................................... 829
III National Societies as auxiliaries to the public authorities in the
humanitarian field, Resolution 9 of the 2005 Council of Delegates .......... 835
IV Summary of the study on situations of armed conflict,
Annex to the report to the 2005 Council of Delegates .............................. 837
V Specific nature of the International Red Cross and Red Crescent
Movement in action and partnerships and the role of National Societies
as auxiliaries to the public authorities in the humanitarian field.............. 845
CHAPTER III GUIDANCE ON RELATIONS WITH OTHER ACTORS
OUTSIDE THE MOVEMENT
I Minimum elements to be included in operational agreements between
Movement components and their external operational partners.............. 848
II Movement Policy for Corporate Sector Partnerships................................ 854
III Guidance document on relations between the components of the
Movement and military bodies .................................................................. 864
IV The Code of Conduct for the International Red Cross and Red Crescent
Movement and non-governmental organizations (NGOs)
in disaster relief.......................................................................................... 872
V Armed protection of humanitarian assistance .......................................... 879

SECTION IV
STRATEGIES AND PLAN OF ACTION
I Strategy for the International Red Cross and Red Crescent Movement,
Resolution 6 of the 2005 Council of Delegates and Annex ....................... 884
II International Red Cross aid to refugees: statement of Policy ................... 906
III Movement action in favour of refugees and internally displaced
persons, Resolution 4 of the 2001 Council of Delegates............................ 908
IV Movement action in favour of refugees and internally displaced
persons and Minimum Elements to be Included in Operational
Agreements between Movement Components and their Operational
Partners, Resolution 10 of the 2003 Council of Delegates ....................... 911
V The Movements Policy on Advocacy,
Resolution 6 of the 1999 Council of Delegates .......................................... 913
VI Movement Strategy on Landmines,
Resolution 10 of the 1999 Council of Delegates ........................................ 915
TABLE OF CONTENTS 13

VII Explosive remnants of war and the Movement Strategy on Landmines,


Resolution 11 of the 2003 Council of Delegates ........................................ 927
VIII Plan of action concerning children in armed conflict............................... 929
IX Restoring Family Links Stategy (and Implementation Plan)
for the International Red Cross and Red Crescent Movement.................. 940
14 TABLE OF CONTENTS

PART FOUR

SELECTED RESOLUTIONS OF THE INTERNATIONAL CONFERENCE


OF THE RED CROSS AND RED CRESCENT,
THE COUNCIL OF DELEGATES
AND THE GENERAL ASSEMBLY OF THE INTERNATIONAL FEDERATION
OF RED CROSS AND RED CRESCENT SOCIETIES

SECTION I
BASIS FOR AND PRINCIPLES OF THE INTERNATIONAL
RED CROSS AND RED CRESCENT MOVEMENT
CHAPTER I USE OF THE NAME AND EMBLEM OF THE RED CROSS, RED CRESCENT
OR RED CRYSTAL ............................................................................ 979
Resolutions
Model law concerning the use and protection of the emblems
of the red cross, the red crescent and the red crystal
CHAPTER II THE MOVEMENTS MISSION........................................................... 999
CHAPTER III THE MOVEMENT, PROMOTION
OF NON-DISCRIMINATION AND PEACE ............................................. 1000
CHAPTER IV THE MOVEMENT, WEAPONS AND DISARMAMENT ............................ 1030
CHAPTER V THE MOVEMENT AND HUMAN RIGHTS .......................................... 1035
CHAPTER VI THE MOVEMENT AND MAJOR CHALLENGES OF THE 21ST CENTURY . 1040

SECTION II
INTERNATIONAL ORGANIZATION OF THE MOVEMENT
CHAPTER I INTERNATIONAL CONFERENCE
OF THE RED CROSS AND RED CRESCENT ....................................... 1051
CHAPTER II INTERNATIONAL COMMITTEE OF THE RED CROSS .......................... 1054
CHAPTER III INTERNATIONAL FEDERATION
OF RED CROSS AND RED CRESCENT SOCIETIES .............................. 1055
CHAPTER IV NATIONAL SOCIETIES .................................................................... 1057
CHAPTER V INTERNATIONAL RELATIONS ........................................................... 1074
CHAPTER VI FINANCING ................................................................................... 1076
TABLE OF CONTENTS 15

SECTION III
INTERNATIONAL HUMANITARIAN LAW (IHL)
CHAPTER I IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW ............ 1083
CHAPTER II ADDITIONAL PROTOCOLS .............................................................. 1112
CHAPTER III NATIONAL MEASURES TO IMPLEMENT
INTERNATIONAL HUMANITARIAN LAW ............................................ 1113
CHAPTER IV DISSEMINATION OF INTERNATIONAL HUMANITARIAN LAW ............... 1119
CHAPTER V DEVELOPMENT OF INTERNATIONAL HUMANITARIAN LAW ................ 1126

SECTION IV
ACTIVITIES DURING ARMED CONFLICTS
CHAPTER I PREPARATIONS FOR SITUATIONS OF ARMED CONFLICT ..................... 1137
CHAPTER II COOPERATION AMONG NATIONAL SOCIETIES DURING
ARMED CONFLICTS ........................................................................ 1138
CHAPTER III NON-INTERNATIONAL ARMED CONFLICTS....................................... 1139
CHAPTER IV ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS.................... 1142
CHAPTER V COMBATING HOSTAGE-TAKING, TORTURE,
FORCED DISAPPEARANCE AND PIRACY ............................................ 1201

SECTION V
RELIEF ACTIVITIES IN DISASTER SITUATIONS
CHAPTER I RELIEF ORGANIZATION OF NATIONAL SOCIETIES ............................ 1206
CHAPTER II INTERNATIONAL RELIEF ACTIONS.................................................... 1208
CHAPTER III BENEFICIARIES OF RELIEF ACTIONS ................................................. 1235

SECTION VI
ACTIVITIES IN PEACETIME
CHAPTER I HEALTH ....................................................................................... 1239
CHAPTER II BLOOD TRANSFUSION .................................................................... 1244
CHAPTER III NURSING ...................................................................................... 1248
CHAPTER IV ENVIRONMENT ............................................................................. 1249
CHAPTER V YOUTH ......................................................................................... 1250
16 TABLE OF CONTENTS

ANNEXES
ANNEX I CHRONOLOGICAL LIST OF RESOLUTIONS
REPRODUCED IN PARTS THREE AND FOUR ....................................... 1259
ANNEX II INTERNATIONAL RED CROSS CONFERENCES ................................... 1271
ANNEX III SESSIONS OF THE GENERAL COUNCIL, THE BOARD OF GOVERNORS
AND THE GENERAL ASSEMBLY OF THE LEAGUE OF RED CROSS
SOCIETIES, LATER INTERNATIONAL FEDERATION OF RED CROSS
AND RED CRESCENT SOCIETIES ..................................................... 1272

ANNEX IV PRESIDENTS OF THE INTERNATIONAL COMMITTEE OF THE RED


CROSS, CHAIRMEN AND PRESIDENTS OF THE LEAGUE, LATER
INTERNATIONAL FEDERATION OF RED CROSS AND RED CRESCENT
SOCIETIES AND CHAIRMEN OF THE STANDING COMMISSION OF
THE RED CROSS AND RED CRESCENT ............................................ 1274

ANNEX V INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT


AND THE NOBEL PEACE PRIZE ....................................................... 1276
ANNEX VI LIST OF RECIPIENTS OF THE HENRY DUNANT MEDAL ..................... 1277
ANNEX VII LIST OF RECIPIENTS OF THE RED CROSS AND RED CRESCENT
PRIZE FOR PEACE AND HUMANITY ................................................. 1281

FLYLEAVES

Front The Fundamental Principles of the International Red Cross and Red
Crescent Movement
Back Fundamental rules of international humanitarian law applicable in
armed conflicts

INSETS
Geneva Convention of 22 August 1864 for the Amelioration of the
Condition of the Wounded in Armies in the Field
International Committee of the Red Cross
International Federation of Red Cross and Red Crescent Societies
National Red Cross and Red Crescent Societies
Statutory bodies of the International Red Cross and Red Crescent
Movement
History of the International Red Cross and Red Crescent Movement
and of international humanitarian law
FOREWORD 17

FOREWORD

ince 1889, when it was first published, the Handbook of the International Red
S Cross and Red Crescent Movement has been intended both as a compilation of
the principles and rules that have directed the activities of the Movement since its
foundation and a practical guide for all those interested in the life of the Red Cross
and Red Crescent.
It therefore contains the international conventions and agreements that govern the
mission of the Movements components in time of conflict, the Statutes and
Regulations connected with the organization and work of those institutions the
International Committee of the Red Cross, the International Federation of Red Cross
and Red Crescent Societies, and the National Red Cross and Red Crescent Societies
and, finally, the main resolutions adopted by the Movements statutory bodies.
Originally published by the International Committee of the Red Cross, the
Handbook took the form of a twenty-two page pamphlet containing the substance
of the resolutions of the first International Conferences of the Red Cross.
Increasing considerably in size with each successive issue, the Handbook was most
recently reissued in 1951, 1953, 1971,1983 and 1994. From 1930, it became the
International Red Cross Handbook, a joint publication of the International
Committee of the Red Cross and the League of Red Cross Societies.1 Its layout
remained unchanged in later editions. The first part contained the Geneva
Conventions and several other international conventions with a bearing on Red
Cross and Red Crescent work; the second part was devoted to the Statutes and
Regulations of the Movements international institutions; and the third part assem-
bled the main resolutions of International Conferences, the Council of Delegates
and the Board of Governors of the League - now the General Assembly of the
Federation. This layout has been maintained to a great extent in the current edition,
however a fourth part with the main policies of the International Red Cross and
Red Crescent Movement has been added.
The ninth edition, in 1951, represented an important step in the development of
this publication. It was at that time supplemented by the four Geneva Conventions
of 1949, to which the Additional Protocols of 1977 have now been appended. Since
1971, on the other hand, the Handbook no longer gives the texts of the
Conventions prior to those of 1949, with the exception of the mother Convention
of 1864 which, in the present edition, will be found as an inset. A summary of the
fundamental rules of international humanitarian law applicable in armed conflicts
has been inserted at the end of the work, which makes for easier consultation.

1 On 28 November 1991 the League changed its name to "International Federation of Red Cross and Red
Crescent Societies".
18 FOREWORD

Part One which deals with international humanitarian law, gives the complete text of
the Geneva Conventions of 1949, their 1977 Additional Protocols and the 2005
Additional Protocol. Also included, as in the earlier editions, are other international
texts of general interest for the Movement and its work. These additions to the
Handbook have been successively introduced. In point of fact, the 1977 Additional
Protocols concern the law regulating the conduct of hostilities. The 2005 Additional
Protocol (Protocol III) concerns the adoption of an additional distinctive emblem.
This part also includes other texts of international law (previously listed under the law
of the Hague) Therefore, since the twelfth edition more space has been given to other
conventions and agreements of this type. The following will be found in this edition:
the Declaration of St. Petersburg of 1868, covering the prohibition of certain explosive
projectiles in time of war; the Declaration of The Hague of 1899 prohibiting the use
of bullets which expand or flatten easily in the human body; the 1907 Hague
Convention No. IV respecting the laws and customs of war on land; , the 1972
Convention on the prohibition of the development, production and stockpiling of
bacteriological (biological) and toxin weapons and on their destruction; the 1976
Convention on the prohibition of military or any other hostile use of environmental
modification techniques; the Convention and Protocols of 1980 on prohibitions or
restrictions on the use of certain conventional weapons which may be deemed to be
excessively injurious or to have indiscriminate effects; subsequent Protocols to this
Convention such as the Protocol on blinding laser weapons and the Protocol on
explosive remnants of war ; extracts of the Rome Statute of the International Criminal
Court . Finally, this part contains a Resolution adopted by the United Nations General
Assembly in 1968, relating to respect for human rights in armed conflict and the Final
Declaration of the International Conference for the protection of war victims.

Two of the texts quoted in the Handbook are not part of international humanitar-
ian law as such. The texts in question, an extract from the 1989 United Nations
Convention on the rights of the child and the Optional Protocol to the Convention
on the rights of the child (25 May 2000) belong in fact to human rights law. Readers
interested in this branch of law should consult collections published by the interna-
tional organizations directly concerned (one such publication is Human rights -
Collection of international instruments, published by the United Nations and reg-
ularly updated).
Part Two of the Handbook, traditionally devoted to statutes, regulations and other
normative texts in force within the Movement, has been almost entirely revised
from the previous edition. Most of the changes are the result of amendments of the
Statutes and Rules of Procedures of the Movement after the adoption of Protocol
III additional to the Geneva Conventions in 2005, the revision by the governing
bodies of the ICRC and the Federation of their institutions respective statutes and
the adoption in 1997 of the Agreement on the organization of the international
activities of the components of the International Red Cross and Red Crescent
Movement (Seville Agreement) and in 2005 of the supplementary measures to
enhance the implementation of the Seville Agreement.
FOREWORD 19

In addition, the texts relating to the use of the emblem by the National Societies and
to relief operations in disaster situations have been expanded, taking into account
recent experience and the needs that have become apparent over the past decade.
Part Three of this Handbook covers the main policies, strategies and plan of action
of the International Red Cross and Red Crescent Movement. This part contains nor-
mative texts such as those relative to the Fundamental Principles, to the promotion
of non-discrimination, to the organization of National Societies and their relations
with actors outside the Movement. It also includes the Strategy for the International
Red Cross and Red Crescent Movement, updated in 2005. Texts on National Societies
as auxiliaries to the public authorities in the humanitarian field and others on the
guidance of relations with other actors outside the Movement such as corporate sec-
tor partnerships and military bodies can be found here.
Finally this part includes plans of action to strengthen humanitarian activities of
the components of the Movement in specific areas such as the restoring family links
strategy.
As in previous editions, Part Four (formerly Part Three), contains a revised and
updated selection of the main resolutions of the International Conference, the
Council of Delegates and the Federations General Assembly..
Generally speaking, these are important resolutions of the past few decades relat-
ing to the Movements organization, activities, policy guidelines and humanitarian
concerns.Also included are some resolutions adopted before the 20th International
Conference (Vienna, 1965) that have lost none of their validity and topical interest,
and a number of landmark resolutions in Red Cross and Red Crescent work.
As in the previous editions, the resolutions have been classified according to sub-
ject. To take into account recent developments in a number of areas, several chap-
ters have been added to the sections devoted to international humanitarian law
and to the activities of the components of the Movement in conflict and natural
disaster situations.
Ultimately, a complete version of all the resolutions adopted within the Movement
will be put on a CD-ROM to facilitate easy reference at all times. A special pocket
at the back of the Handbook has been provided for this.

The Annexes include a chronological list of resolutions contained in Part Three


and Part Four and provide brief information on the Movements statutory meet-
ings, successive leaders, and the medals and prizes awarded.

International Committee International Federation


of the Red Cross of Red Cross and Red Crescent
Societies
Geneva Convention
of 22 August 1864
for the Amelioration of the Condition
of the Wounded in Armies in the Field
ARTICLE 1 Ambulances and military hospitals shall be recognized as
neutral and, as such, protected and respected by the bel-
ligerents as long as they accommodate wounded and sick.
Neutrality shall end if the said ambulances or hospitals
should be held by a military force.
ARTICLE 2 Hospital and ambulance personnel, including the quarter-
masters staff, the medical, administrative and transport
services, and the chaplains, shall have the benefit of the
same neutrality when on duty, and while there remain any
wounded to be brought in or assisted.
ARTICLE 3 The persons designated in the preceding Article may, even
after enemy occupation, continue to discharge their func-
tions in the hospital or ambulance with which they serve, or
may withdraw to rejoin the units to which they belong.
When in these circumstances they cease their functions,
such persons shall be delivered to the enemy outposts by
the occupying forces.
ARTICLE 4 The material of military hospitals being subject to the laws
of war, the persons attached to such hospitals may take with
them, on withdrawing, only the articles which are their
own personal property.
Ambulances, on the contrary, under similar circumstances,
shall retain their equipment.
ARTICLE 5 Inhabitants of the country who bring help to the wounded
shall be respected and shall remain free. Generals of the
belligerent Powers shall make it their duty to notify the
inhabitants of the appeal made to their humanity, and of
the neutrality which humane conduct will confer.
The presence of any wounded combatant receiving shelter
and care in a house shall ensure its protection. An
inhabitant who has given shelter to the wounded shall be
exempted from billeting and from a portion of such war
contributions as may be levied.
ARTICLE Wounded
AICLE6 6: Wounded or sick
or sick combatants,
combatants, to whatever
to whatever nationnation
they maythey may shall
belong,
belong,
be collected and caredshall
for. be collected and cared for.
Commanders-in-Chief
Commanders-in-Chief may hand may over hand over immediately
immediately to the enemy to the
outposts
enemywounded
enemy combatants outpostsduring
enemyan combatants
engagement,wounded during an allow
when circumstances
and subject toengagement,
the agreementwhen of bothcircumstances
parties. allow and subject to the
Those who,agreement
after their of both parties.
recovery, are recognized as being unfit for further service,
Those who, after their recovery, are recognized as being unfit
shall be repatriated.
The others for
mayfurther
likewiseservice,
be sentshall be on
back, repatriated.
condition that they shall not again, for
the duration ofThe others may
hostilities, takelikewise
up arms.be sent back, on condition that they
Evacuationshall not and
parties, again,
thefor the duration
personnel of hostilities,
conducting them,take
shallupbearms.
considered as
Evacuation
being absolutely neutral. parties, and the personnel conducting them, shall
be considered as being absolutely neutral.
ARTICLE 7: A distinctive and uniform flag shall be adopted for hospitals,
Aambances
RTICLE 7 andAevacuation
distinctive parties. It should
and uniform flaginshall
all circumstances
be adopted forbehospitals,
accompanied
by the nationalambulances
flag. and evacuation parties. It should in all
An armlet may also be worn
circumstances by personnel enjoying
be accompanied neutrality
by the national flag.but its issue shall
be left to the military
An armlet authorities.
may also be worn by personnel enjoying neutrality
Both flag and
butarmlet
its issueshall bear
shall be aleft
redtocross on a white
the military ground.
authorities.
Both flag and armlet shall bear
ARTICLE 8: The implementing of the present Convention a red cross onshall
a white ground. by the
be arranged
ACommanders-in-Chief
RTICLE 8
of the belligerent
The implementing of the armies following
present the instructions
Convention shall be of their
respective Governments
arranged by the Commanders-in-Chief of the belligerent in
and in accordance with the general principles set forth
this Convention.
armies following the instructions of their respective
ARTICLE 9: Governments and in accordance
The High Contracting withagreed
Parties have the general principles the
to communicate
set forth
present Convention in an
with thisinvitation
Convention.
to accede thereto to Governments unable to
appoint Plenipotentiaries to the International Conference at Geneva. The Protocol
Ahas
RTICLE 9 The
accordingly High
been leftContracting
open. Parties have agreed to communicate the
present Convention with an invitation to accede thereto to
The present unable
ARTICLE 10:Governments Convention shall bePlenipotentiaries
to appoint ratified and the to ratifications
the
exchanged at Berne, within the
International next four months,
Conference or sooner
at Geneva. Theif possible.
Protocol has
In faith whereof, the respective
accordingly Plenipotentiaries have signed the Convention
been left open.
and thereto affixed their seals.
ARTICLE The present
Done10at Geneva, Convention shall
this twenty-second day be ratified and
of August, theyear
in the ratifications
one thousand
eight hundredexchanged at Berne, within the next four months, or sooner if
and sixty-four.
possible.
In faith whereof, the respective Plenipotentiaries have signed
the Convention and thereto affixed their seals.
Done at Geneva, this twenty-second day of August, in the year
one thousand eight hundred and sixty-four.
International Committee
of the Red Cross

The International Committee of the Red Cross (ICRC) is an impartial,


neutral and independent organization whose exclusively humanitarian
mission is to protect the lives and dignity of victims of armed conflict
and other situations of violence and to provide them with assistance.

The ICRC also endeavours to prevent suffering by promoting and


strengthening humanitarian law and universal humanitarian principles.

Established in 1863, the ICRC is at the origin of the Geneva Conventions


and the International Red Cross and Red Crescent Movement. It directs
and coordinates the international activities conducted by the Movement
in armed conflicts and other situations of violence.
International
A ICLE
Federation of
6: Wounded or sick combatants, to whatever nation they may belong, shall
Red Cross
be collected and
and cared for. Red Crescent
Commanders-in-Chief may hand over immediately to the enemy outposts
Societies
enemy combatants wounded during an engagement, when circumstances allow
and subject to the agreement of both parties.
Those who, after their recovery, are recognized as being unfit for further service,
shall be repatriated.
The others may likewise be sent back, on condition that they shall not again, for
The International
the duration Federation
of hostilities, of up
take Redarms.
Cross and Red Crescent Societies
is aEvacuation
global humanitarian organization,
parties, and the personnel established
conducting by them,
and comprised
shall be considered as
of National Red Cross
being absolutely neutral. and Red Crescent Societies, which coordinates
and directs international assistance following natural and
ARTICLE 7:disasters.
technological A distinctive and isuniform
Its mission flagtheshall
to improve livesbe adopted for hospitals,
of vulnerable
ambances
people and evacuation
by mobilizing parties.
the power It should in all circumstances be accompanied
of humanity.
by the national flag.
TheAnInternational
armlet may also be worn by
Federation personnel
works with enjoying
Nationalneutrality
Societiesbut
in its issue shall
be left to the military authorities.
responding to catastrophes around the world. Its relief operations are
Both flag
combined anddevelopment
with armlet shall bear
work,a red cross ondisaster
including a whitepreparedness
ground.
programmes, health and care activities, and the promotion
ARTICLE 8: The implementing of the present Convention shall be arranged of by the
humanitarian values.
Commanders-in-Chief of the belligerent armies following the instructions of their
respective Governments and in accordance with the general principles set forth in
this
In Convention.
particular, it supports programmes on risk reduction and fighting
the spread of diseases, such as HIV, tuberculosis, avian influenza and
ARTICLE 9: The High Contracting Parties have agreed to communicate the
malaria. The organization also works to combat discrimination and
present Convention with an invitation to accede thereto to Governments unable to
violence, and promote human rights and assistance for migrants.
appoint Plenipotentiaries to the International Conference at Geneva. The Protocol
has accordingly been left open.
ARTICLE 10: The present Convention shall be ratified and the ratifications
exchanged at
B e r n e ,
within the
next four months, or sooner if possible.
In faith whereof, the respective Plenipotentiaries have signed the Convention
and thereto affixed their seals.
Done at Geneva, this twenty-second day of August, in the year one thousand
eight hundred and sixty-four.
National Red Cross and
Red Crescent Societies

National Red Cross and Red Crescent Societies embody the work and
principles of the International Red Cross and Red Crescent Movement
in more than 186 countries. National Societies act as auxiliaries to the
public authorities of their own countries in the humanitarian field and
provide a range of services including disaster relief, health and social
programmes. During wartime, National Societies assist the affected
civilian population and support the army medical services where
appropriate.
Statutory bodies of the International
AICLE 6: Wounded or sick combatants, to whatever nation they may belong, shall
Red Cross and Red Crescent Movement
be collected and cared for.
Commanders-in-Chief may hand over immediately to the enemy outposts
enemy combatants wounded during an engagement, when circumstances allow
and subject to the agreement of both parties.
Those who, after
The statutory their of
bodies recovery, are recognized
the International as being
Red Cross andunfit
Red for further service,
Crescent
shall be repatriated.
Movement are:
The others may likewise be sent back, on condition that they shall not again, for
the1.duration of hostilities,
The International take up arms.
Conference of the Red Cross and Red Crescent
Evacuation parties, and the personnel
The International Conference brings together conducting them, shall
delegations of: be considered as
being-absolutely neutral.
the National Societies;
- the ICRC;
ARTICLE 7: A distinctive and uniform flag shall be adopted for hospitals,
ambances and evacuation parties. It should in all circumstances be accompanied
- the Federation;
by the- national
the Statesflag.
party to the Geneva Conventions.
An armlet may also be worn by personnel enjoying neutrality but its issue shall
Each delegation has one vote.
be left to the military authorities.
The Conference
Both normally
flag and armlet meetsa every
shall bear fouron
red cross years.
a white ground.
2.RTICLE
A The Council of Delegatesofof
8: The implementing thethe International
present Convention Red Cross
shall and by the
be arranged
Red Crescent Movement
Commanders-in-Chief of the belligerent armies following the instructions of their
respective Governments
The Council andisincomposed
of Delegates accordance ofwith the general
delegations of: principles set forth in
this Convention.
- the National Societies;
- the ICRC;
ARTICLE 9: The High Contracting Parties have agreed to communicate the
present Convention
- the Federation.with an invitation to accede thereto to Governments unable to
appoint
Therefore, the Council to
Plenipotentiaries of the International
Delegates Conference
is the assembly at Geneva.
of the The Protocol
Movements
hascomponents.
accordingly been left open.
A
ItRTICLE
meets on 10:theThe present
occasion Convention
of every shall be
International ratified and
Conference the ratifications
and usually
exchanged
also on theat Berne, within
occasion the next
of every four Assembly
General months, orofsooner if possible.
the Federation.
In faith whereof, the respective Plenipotentiaries have signed the Convention
and3.thereto
The Standing Commission
affixed their seals. of the Red Cross and Red Crescent
Done
The Standing Commission comprises day
at Geneva, this twenty-second nineofmembers:
August, in the year one thousand
eight hundred and sixty-four.
- five members elected by the International Conference of the Red
Cross and Red Crescent;
- two representatives of the ICRC, one of whom is the President;
- two representatives of the Federation, one of whom is the
President.
It usually meets every six months.
History of the International Red Cross
AICLE 6: Wounded or sick combatants, to whatever nation they may belong, shall
and Red Crescent Movement and of
be collected and cared for.
Commanders-in-Chief may hand over immediately to the enemy outposts
international humanitarian law
enemy combatants wounded during an engagement, when circumstances allow
and subject to the agreement of both parties.
Those who, after their recovery, are recognized as being unfit for further service,
shall be repatriated.
Movement IHL be sent back, on condition that they shall not again, for
The others may likewise
the duration of hostilities, take up arms.
1859 Battleparties,
Evacuation of Solferino Henry
and the Dunant
personnel conducting them, shall be considered as
being absolutely neutral.
1863 International Committee for the relief of military wounded: as from 1876,
ARTICLE International Committee
7: A distinctive and of the Redflag
uniform Cross (ICRC)
shall be adopted for hospitals,
ambancesInternational Conference
and evacuation convened
parties. It should inin all
Geneva
circumstances be accompanied
Establishment
by the national flag. of national committees for the relief of military wounded
An armlet may also be worn by personnel enjoying neutrality but its issue shall
be left to the military1864 Geneva Convention for the Amelioration of the
authorities.
Condition
Both flag and armlet shall bear of theonWounded
a red cross in Armies in the Field
a white ground.
1867
ARTICLE First International
8: The Conference
implementing of the Convention
of the present Red Cross shall be arranged by the
Commanders-in-Chief of the belligerent armies following the instructions of their
respective Governments 1899 The
and in Hague Conventions
accordance with the general principles set forth in
this Convention. Laws and Customs of War on Land
(Convention No. II)
ARTICLE 9: The High Contracting Parties
Adaptation have agreed
to Maritime to communicate
Warfare the
of the Principles
present Convention with an invitation to accede
of the 1864 Genevathereto to Governments unable to
Convention
appoint Plenipotentiaries to the (Convention
InternationalNo.Conference
III) at Geneva. The Protocol
has accordingly been left open.
1906 Revision and development of the 1864 Geneva
ARTICLE 10: The present Convention
Convention shall be ratified and the ratifications
exchanged at Berne, within the next four months, or sooner if possible.
In faith whereof, the1907respective Plenipotentiaries
The Hague Conventionshave signed the Convention
and thereto affixed their seals. Laws and Customs of War on Land
Done at Geneva, this twenty-second day of
(Convention No.August,
IV) in the year one thousand
eight hundred and sixty-four. 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 on the Prohibition of the Use in
War of Asphyxiating, Poisonous or other Gases and
of Bacterio-logical Methods of Warfare
Movement IHL
1928 Statutes of the International Red Cross (revised in 1952 and in 1986)
1929 Geneva Conventions
Wounded and Sick in Armed Forces in the Field
[revision of the 1906 Geneva Convention] (First
Convention)
Prisoners of War [supplements the 1899 Hague
Convention No. II and the 1907 Hague
Convention No. IV] (Second Convention)
Official recognition of the red crescent emblem
(first used in 1876)
1949 Geneva Conventions
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 the 1907 Hague
Convention No. IV] (Fourth Convention)
1954 Convention for the Protection of Cultural Property
in the Event of Armed Conflict
Protocol I (1954)
Protocol II (1999)
Movement IHL
1965 Proclamation of the Fundamental Principles of the Red Cross: humanity,
impartiality, neutrality, independence, voluntary service, unity, universal-
ity (incorporated in 1986 into the Statutes of the International Red Cross
and Red Crescent Movement)
1972 Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on their
Destruction
1976 Convention on the Prohibition of Military or Any
Other Hostile Use of Environmental Modification
Techniques (ENMOD)
1977 Protocols additional to the 1949 Geneva
Conventions
Protocol I: Protection of Victims of International
Armed Conflicts
Protocol II: Protection of Victims of Non-
International Armed Conflicts
1980 Convention on Prohibitions and Restrictions of
Certain Conventional Weapons
Amended Article 1 (2001)
Protocol I (1980) on Non-Detectable Fragments
Protocol II (1980) on Mines, Booby-Traps and
Other Devices
Amended Protocol II (1996) on Mines, Booby-
Traps and Other Devices
Protocol III (1980) on Incendiary Weapons
Protocol IV (1995) on Blinding Laser Weapons
Protocol V (2003) on Explosive Remnants of War
Movement IHL
1986 Statutes of the International Red Cross and Red Crescent Movement
1993 Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical
Weapons and on their Destruction
1997 Convention on the Prohibition of the Use,
Stockpiling, Production, and Transfer of
Anti-Personnel Mines and on their Destruction
1998 Rome Statute of the International Criminal Court
2000 Optional Protocol to the Convention on the Rights
of the Child on the Involvement of Children in
Armed Conflict
2005 Protocol additional to the Geneva Conventions
relating to the Adoption of an Additional
Distinctive Emblem (Protocol III)
2006 29th International Conference of the Red Cross and Red Crescent:
amending the Statutes of the Movement taking into account the adoption
of the Additional Protocol to the Geneva Conventions (Protocol III).
GC I-IV
AP I-III
PART ONE

INTERNATIONAL HUMANITARIAN LAW


I

GENEVA CONVENTION
FOR THE AMELIORATION OF THE
CONDITION OF THE WOUNDED AND SICK
IN ARMED FORCES IN THE FIELD
OF 12 AUGUST 1949

CHAPTER I
General Provisions
Article 1 Respect for the Convention ....................................................... 36
Article 2 Application of the Convention .................................................. 36
Article 3 Conflicts not of an international character ............................... 36
Article 4 Application by neutral Powers................................................... 37
Article 5 Duration of application ............................................................. 37
Article 6 Special agreements..................................................................... 37
Article 7 Non-renunciation of rights........................................................ 38
Article 8 Protecting Powers ...................................................................... 38
Article 9 Activities of the International Committee of the Red Cross .... 38
Article 10 Substitutes for Protecting Powers .............................................. 38
Article 11 Conciliation procedure .............................................................. 39

CHAPTER II
Wounded and Sick
Article 12 Protection and care.................................................................... 40
Article 13 Protected persons....................................................................... 40
Article 14 Status .......................................................................................... 41
Article 15 Search for casualties. Evacuation............................................... 41
Article 16 Recording and forwarding of information................................ 41
Article 17 Prescriptions regarding the dead. Graves Registration Service 42
Article 18 Role of the population ............................................................... 43

CHAPTER III
Medical Units and Establishments
Article 19 Protection................................................................................... 43
Article 20 Protection of hospital ships ....................................................... 44
Article 21 Discontinuance of protection of medical establishments
and units..................................................................................... 44
Article 22 Conditions not depriving medical units
and establishments of protection .............................................. 44
Article 23 Hospital zones and localities ..................................................... 44
34 CONTENTS

CHAPTER IV
Personnel
Article 24 Protection of permanent personnel .......................................... 45
Article 25 Protection of auxiliary personnel.............................................. 45
Article 26 Personnel of aid societies........................................................... 45
Article 27 Societies of neutral countries .................................................... 46
Article 28 Retained personnel .................................................................... 46
Article 29 Status of auxiliary personnel ..................................................... 47
Article 30 Return of medical and religious personnel............................... 47
Article 31 Selection of personnel for return............................................... 47
Article 32 Return of personnel belonging to neutral countries................. 47

CHAPTER V
Buildings and Material
Article 33 Buildings and stores................................................................... 48
Article 34 Property of aid societies ............................................................ 48

CHAPTER VI
Medical Transports
Article 35 Protection................................................................................... 49
Article 36 Medical aircraft .......................................................................... 49
Article 37 Flight over neutral countries. Landing of wounded.................. 49

CHAPTER VII
The Distinctive Emblem
Article 38 Emblem of the Convention........................................................ 50
Article 39 Use of the emblem ..................................................................... 50
Article 40 Identification of medical and religious personnel .................... 50
Article 41 Identification of auxiliary personnel ......................................... 51
Article 42 Marking of medical units and establishments .......................... 51
Article 43 Marking of units of neutral countries ....................................... 52
Article 44 Restrictions in the use of the emblem. Exceptions ................... 52

CHAPTER VIII
Execution of the Convention
Article 45 Detailed execution. Unforeseen cases........................................ 53
Article 46 Prohibition of reprisals .............................................................. 53
Article 47 Dissemination of the Convention ............................................. 53
Article 48 Translations. Rules of application.............................................. 53
CONTENTS 35

CHAPTER IX
Repression of Abuses and Infractions
Article 49 Penal sanctions: I. General observations................................... 53
Article 50 II. Grave breaches....................................................................... 54
Article 51 III. Responsibilities of the Contracting Parties ......................... 54
Article 52 Enquiry procedure..................................................................... 54
Article 53 Misuse of the emblem................................................................ 54
Article 54 Prevention of misuse.................................................................. 55
Final provisions
Article 55 Languages................................................................................... 55
Article 56 Signature .................................................................................... 55
Article 57 Ratification................................................................................. 55
Article 58 Coming into force ...................................................................... 56
Article 59 Relation to previous Conventions ............................................. 56
Article 60 Accession ................................................................................... 56
Article 61 Notification of accessions .......................................................... 56
Article 62 Immediate effect ........................................................................ 56
Article 63 Denunciation ............................................................................. 56
Article 64 Registration with the United Nations ....................................... 57

ANNEX I
Draft Agreement Relating to Hospital Zones and Localities............................. 58

ANNEX II
Identity Card for Members of Medical and
Religious Personnel attached to the Armed Forces ........................................... 60
A. GENEVA CONVENTIONS AND ADDITIONAL PROTOCOLS

I
GENEVA CONVENTION
FOR THE AMELIORATION OF THE
CONDITION OF THE WOUNDED AND SICK
IN ARMED FORCES IN THE FIELD
OF 12 AUGUST 1949

CHAPTER I

General Provisions

Respect ARTICLE 1. The High Contracting Parties undertake to respect


for the and to ensure respect for the present Convention in all
Convention1
circumstances.

Application ART 2. In addition to the provisions which shall be


of the implemented in peacetime, the present Convention shall apply to all
Convention
cases of declared war or of any other armed conflict which may arise
between two or more of the High Contracting Parties, even if the
state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total
occupation of the territory of a High Contracting Party, even if the
said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the
present Convention, the Powers who are parties thereto shall remain
bound by it in their mutual relations. They shall furthermore be
bound by the Convention in relation to the said Power, if the latter
accepts and applies the provisions thereof.

Conflicts not ART. 3. In the case of armed conflict not of an international


of an character occurring in the territory of one of the High Contracting
international
character Parties, each Party to the conflict shall be bound to apply, as a
minimum, the following provisions:
1) Persons taking no active part in the hostilities, including mem-
bers of armed forces who have laid down their arms and those

1 The marginal notes or titles of articles have been drafted by the Swiss Federal
Department of Foreign Affairs.
WOUNDED AND SICK 37

placed hors de combat by sickness, wounds, detention, or any


other cause, shall in all circumstances be treated humanely,
without any adverse distinction founded on race, colour, reli-
gion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain
prohibited at any time and in any place whatsoever with
respect to the above-mentioned persons:
a) violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
b) taking of hostages;
c) outrages upon personal dignity, in particular humiliating
and degrading treatment;
d) the passing of sentences and the carrying out of
executions without previous judgment pronounced by a
regularly constituted court, affording all the judicial
guarantees which are recognized as indispensable by
civilized peoples.
2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International
Committee of the Red Cross, may offer its services to the Parties to
the conflict.
The Parties to the conflict should further endeavour to bring into
force, by means of special agreements, all or part of the other
provisions of the present Convention.
The application of the preceding provisions shall not affect the
legal status of the Parties to the conflict.

ART. 4. Neutral Powers shall apply by analogy the provisions Application


of the present Convention to the wounded and sick, and to by neutral
Powers
members of the medical personnel and to chaplains of the armed
forces of the Parties to the conflict, received or interned in their
territory, as well as to dead persons found.

ART. 5. For the protected persons who have fallen into the Duration of
hands of the enemy, the present Convention shall apply until their application
final repatriation.

ART. 6. In addition to the agreements expressly provided for in Special


Articles 10, 15, 23, 28, 31, 36, 37 and 52, the High Contracting Parties agreements
may conclude other special agreements for all matters concerning
which they may deem it suitable to make separate provision. No
special agreement shall adversely affect the situation of the
wounded and sick, of members of the medical personnel or of
38 FIRST GENEVA CONVENTION OF 1949

chaplains, as defined by the present Convention, nor restrict the


rights which it confers upon them.
Wounded and sick, as well as medical personnel and chaplains, shall
continue to have the benefit of such agreements as long as the
Convention is applicable to them, except where express provisions to
the contrary are contained in the aforesaid or in subsequent
agreements, or where more favourable measures have been taken with
regard to them by one or other of the Parties to the conflict.

Non- ART. 7. Wounded and sick, as well as members of the medical


renunciation personnel and chaplains, may in no circumstances renounce in part
of rights
or in entirety the rights secured to them by the present Convention,
and by the special agreements referred to in the foregoing Article, if
such there be.

Protecting ART. 8. The present Convention shall be applied with the co-
Powers operation and under the scrutiny of the Protecting Powers whose
duty it is to safeguard the interests of the Parties to the conflict. For
this purpose, the Protecting Powers may appoint, apart from their
diplomatic or consular staff, delegates from amongst their own
nationals or the nationals of other neutral Powers. The said
delegates shall be subject to the approval of the Power with which
they are to carry out their duties.
The Parties to the conflict shall facilitate, to the greatest extent
possible, the task of the representatives or delegates of the
Protecting Powers.
The representatives or delegates of the Protecting Powers shall not
in any case exceed their mission under the present Convention. They
shall, in particular, take account of the imperative necessities of
security of the State wherein they carry out their duties. Their activities
shall only be restricted, as an exceptional and temporary measure,
when this is rendered necessary by imperative military necessities.

Activities ART. 9. The provisions of the present Convention constitute no


of the obstacle to the humanitarian activities which the International
International
Committee of Committee of the Red Cross or any other impartial humanitarian
the Red Cross organization may, subject to the consent of the Parties to the conflict
concerned, undertake for the protection of wounded and sick,
medical personnel and chaplains, and for their relief.

Substitutes for ART. 10. The High Contracting Parties may at any time agree
Protecting to entrust to an organization which offers all guarantees of
Powers
impartiality and efficacy the duties incumbent on the Protecting
Powers by virtue of the present Convention.
WOUNDED AND SICK 39

When wounded and sick, or medical personnel and chaplains do


not benefit or cease to benefit, no matter for what reason, by the
activities of a Protecting Power or of an organization provided for in
the first paragraph above, the Detaining Power shall request a
neutral State, or such an organization, to undertake the functions
performed under the present Convention by a Protecting Power
designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining
Power shall request or shall accept, subject to the provisions of this
Article, the offer of the services of a humanitarian organization,
such as the International Committee of the Red Cross, to assume the
humanitarian functions performed by Protecting Powers under the
present Convention.
Any neutral Power, or any organization invited by the Power
concerned or offering itself for these purposes, shall be required to
act with a sense of responsibility towards the Party to the conflict on
which persons protected by the present Convention depend, and
shall be required to furnish sufficient assurances that it is in a
position to undertake the appropriate functions and to discharge
them impartially.
No derogation from the preceding provisions shall be made by
special agreements between Powers one of which is restricted, even
temporarily, in its freedom to negotiate with the other Power or its
allies by reason of military events, more particularly where the whole,
or a substantial part, of the territory of the said Power is occupied.
Whenever in the present Convention mention is made of a
Protecting Power, such mention also applies to substitute
organizations in the sense of the present Article.
ART. 11. In cases where they deem it advisable in the interest of Conciliation
protected persons, particularly in cases of disagreement between the procedure
Parties to the conflict as to the application or interpretation of the
provisions of the present Convention, the Protecting Powers shall
lend their good offices with a view to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the
invitation of one Party or on its own initiative, propose to the Parties
to the conflict a meeting of their representatives, in particular of the
authorities responsible for the wounded and sick, members of medical
personnel and chaplains, possibly on neutral territory suitably
chosen. The Parties to the conflict shall be bound to give effect to the
proposals made to them for this purpose. The Protecting Powers may,
if necessary, propose for approval by the Parties to the conflict a
person belonging to a neutral Power or delegated by the International
Committee of the Red Cross, who shall be invited to take part in such
a meeting.
40 FIRST GENEVA CONVENTION OF 1949

CHAPTER II

Wounded and Sick

Protection ART. 12. Members of the armed forces and other persons
and care mentioned in the following Article, who are wounded or sick, shall
be respected and protected in all circumstances.
They shall be treated humanely and cared for by the Party to the
conflict in whose power they may be, without any adverse
distinction founded on sex, race, nationality, religion, political
opinions, or any other similar criteria. Any attempts upon their
lives, or violence to their persons, shall be strictly prohibited; in
particular, they shall not be murdered or exterminated, subjected to
torture or to biological experiments; they shall not wilfully be left
without medical assistance and care, nor shall conditions exposing
them to contagion or infection be created.
Only urgent medical reasons will authorize priority in the order
of treatment to be administered.
Women shall be treated with all consideration due to their sex.
The Party to the conflict which is compelled to abandon
wounded or sick to the enemy shall, as far as military considerations
permit, leave with them a part of its medical personnel and material
to assist in their care.

Protected ART. 13. The Present Convention shall apply to the wounded
persons and sick belonging to the following categories:
1) Members of the armed forces of a Party to the conflict as well
as members of militias or volunteer corps forming part of
such armed forces.
2) Members of other militias and members of other volunteer
corps, including those of organized resistance movements,
belonging to a Party to the conflict and operating in or outside
their own territory, even if this territory is occupied, provided
that such militias or volunteer corps, including such organized
resistance movements, fulfil the following conditions:
a) that of being commanded by a person responsible for his
subordinates;
b) that of having a fixed distinctive sign recognizable at a
distance;
c) that of carrying arms openly;
d) that of conducting their operations in accordance with the
laws and customs of war.
WOUNDED AND SICK 41

3) Members of regular armed forces who profess allegiance to a


Government or an authority not recognized by the Detaining
Power.
4) Persons who accompany the armed forces without actually
being members thereof, such as civilian members of military
aircraft crews, war correspondents, supply contractors,
members of labour units or of services responsible for the
welfare of the armed forces, provided that they have received
authorization from the armed forces which they accompany.
5) Members of crews including masters, pilots and apprentices
of the merchant marine and the crews of civil aircraft of the
Parties to the conflict, who do not benefit by more favourable
treatment under any other provisions in international law.
6) Inhabitants of a non-occupied territory who, on the approach
of the enemy, spontaneously take up arms to resist the invading
forces, without having had time to form themselves into
regular armed units, provided they carry arms openly and
respect the laws and customs of war.

ART. 14. Subject to the provisions of Article 12, the wounded Status
and sick of a belligerent who fall into enemy hands shall be
prisoners of war, and the provisions of international law concerning
prisoners of war shall apply to them.

ART. 15. At all times, and particularly after an engagement, Search for
Parties to the conflict shall, without delay, take all possible measures casualties.
Evacuation
to search for and collect the wounded and sick, to protect them
against pillage and ill-treatment, to ensure their adequate care, and
to search for the dead and prevent their being despoiled.
Whenever circumstances permit, an armistice or a suspension of
fire shall be arranged, or local arrangements made, to permit the
removal, exchange and transport of the wounded left on the
battlefield.
Likewise, local arrangements may be concluded between Parties to
the conflict for the removal or exchange of wounded and sick from a
besieged or encircled area, and for the passage of medical and religious
personnel and equipment on their way to that area.

ART. 16. Parties to the conflict shall record as soon as possible, Recording and
in respect of each wounded, sick or dead person of the adverse Party forwarding of
information
falling into their hands, any particulars which may assist in his
identification.
These records should if possible include:
42 FIRST GENEVA CONVENTION OF 1949

a) designation of the Power on which he depends;


b) army, regimental, personal or serial number;
c) surname;
d) first name or names;
e) date of birth;
f) any other particulars shown on his identity card or disc;
g) date and place of capture or death;
h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above mentioned information shall be
forwarded to the Information Bureau described in Article 122 of the
Geneva Convention relative to the Treatment of Prisoners of War of
August 12, 1949, which shall transmit this information to the Power
on which these persons depend through the intermediary of the
Protecting Power and of the Central Prisoners of War Agency.
Parties to the conflict shall prepare and forward to each other
through the same bureau, certificates of death or duly authenticated
lists of the dead. They shall likewise collect and forward through the
same bureau one half of a double identity disc, last wills or other
documents of importance to the next of kin, money and in general
all articles of an intrinsic or sentimental value, which are found on
the dead. These articles, together with unidentified articles, shall be
sent in sealed packets, accompanied by statements giving all
particulars necessary for the identification of the deceased owners,
as well as by a complete list of the contents of the parcel.
Prescriptions ART. 17. Parties to the conflict shall ensure that burial or
regarding the cremation of the dead, carried out individually as far as
dead. Graves
Registration circumstances permit, is preceded by a careful examination, if
Service possible by a medical examination, of the bodies, with a view to
confirming death, establishing identity and enabling a report to be
made. One half of the double identity disc, or the identity disc itself
if it is a single disc, should remain on the body.
Bodies shall not be cremated except for imperative reasons of
hygiene or for motives based on the religion of the deceased. In case
of cremation, the circumstances and reasons for cremation shall be
stated in detail in the death certificate or on the authenticated list of
the dead.
They shall further ensure that the dead are honourably interred,
if possible according to the rites of the religion to which they
belonged, that their graves are respected, grouped if possible
according to the nationality of the deceased, properly maintained
and marked so that they may always be found. For this purpose,
WOUNDED AND SICK 43

they shall organize at the commencement of hostilities an Official


Graves Registration Service, to allow subsequent exhumations and
to ensure the identification of bodies, whatever the site of the graves,
and the possible transportation to the home country. These
provisions shall likewise apply to the ashes, which shall be kept by
the Graves Registration Service until proper disposal thereof in
accordance with the wishes of the home country.
As soon as circumstances permit, and at latest at the end of
hostilities, these Services shall exchange, through the Information
Bureau mentioned in the second paragraph of Article 16, lists
showing the exact location and markings of the graves together with
particulars of the dead interred therein.

ART. 18. The military authorities may appeal to the charity of the Role of the
inhabitants voluntarily to collect and care for, under their direction, the population
wounded and sick, granting persons who have responded to this
appeal the necessary protection and facilities. Should the adverse Party
take or retake control of the area, it shall likewise grant these persons
the same protection and the same facilities.
The military authorities shall permit the inhabitants and relief
societies, even in invaded or occupied areas, spontaneously to
collect and care for wounded or sick of whatever nationality. The
civilian population shall respect these wounded and sick, and in
particular abstain from offering them violence.
No one may ever be molested or convicted for having nursed the
wounded or sick.
The provisions of the present Article do not relieve the occupying
Power of its obligation to give both physical and moral care to the
wounded and sick.

CHAPTER III

Medical Units and Establishments

ART. 19. Fixed establishments and mobile medical units of the Protection
Medical Service may in no circumstances be attacked, but shall at all
times be respected and protected by the Parties to the conflict.
Should they fall into the hands of the adverse Party, their personnel
shall be free to pursue their duties, as long as the capturing Power
has not itself ensured the necessary care of the wounded and sick
found in such establishments and units.
44 FIRST GENEVA CONVENTION OF 1949

The responsible authorities shall ensure that the said medical


establishments and units are, as far as possible, situated in such a
manner that attacks against military objectives cannot imperil their
safety.

Protection ART. 20. Hospital ships entitled to the protection of the


of hospital Geneva Convention for the Amelioration of the Condition of
ships
Wounded, Sick and Shipwrecked Members of Armed Forces at Sea
of August 12, 1949, shall not be attacked from the land.

Discontinu- ART. 21. The protection to which fixed establishments and


ance of mobile medical units of the Medical Service are entitled shall not
protection of
medical cease unless they are used to commit, outside their humanitarian
establish- duties, acts harmful to the enemy. Protection may, however, cease only
ments and after a due warning has been given, naming, in all appropriate cases, a
units
reasonable time limit and after such warning has remained unheeded.

Conditions ART. 22. The following conditions shall not be considered as


not depriving depriving a medical unit or establishment of the protection
medical units
and establish- guaranteed by Article 19:
ments of 1. That the personnel of the unit or establishment are armed,
protection
and that they use the arms in their own defence, or in that of
the wounded and sick in their charge.
2. That in the absence of armed orderlies, the unit or establishment
is protected by a picket or by sentries or by an escort.
3. That small arms and ammunition taken from the wounded
and sick and not yet handed to the proper service, are found
in the unit or establishment.
4. That personnel and material of the veterinary service are
found in the unit or establishment, without forming an
integral part thereof.
5. That the humanitarian activities of medical units and
establishments or of their personnel extend to the care of
civilian wounded or sick.

Hospital zones ART. 23. In time of peace, the High Contracting Parties and,
and localities after the outbreak of hostilities, the Parties to the conflict, may
establish in their own territory and, if the need arises, in occupied
areas, hospital zones and localities so organized as to protect the
wounded and sick from the effects of war, as well as the personnel
entrusted with the organization and administration of these zones
and localities and with the care of the persons therein assembled.
WOUNDED AND SICK 45

Upon the outbreak and during the course of hostilities, the


Parties concerned may conclude agreements on mutual recognition
of the hospital zones and localities they have created. They may for
this purpose implement the provisions of the Draft Agreement
annexed to the present Convention, with such amendments as they
may consider necessary.
The Protecting Powers and the International Committee of the
Red Cross are invited to lend their good offices in order to facilitate
the institution and recognition of these hospital zones and localities.

CHAPTER IV

Personnel

ART. 24. Medical personnel exclusively engaged in the search Protection of


for, or the collection, transport or treatment of the wounded or sick, permanent
personnel
or in the prevention of disease, staff exclusively engaged in the
administration of medical units and establishments, as well as
chaplains attached to the armed forces, shall be respected and
protected in all circumstances.

ART. 25. Members of the armed forces specially trained for Protection of
employment, should the need arise, as hospital orderlies, nurses or auxiliary
personnel
auxiliary stretcher-bearers, in the search for or the collection,
transport or treatment of the wounded and sick shall likewise be
respected and protected if they are carrying out these duties at the time
when they come into contact with the enemy or fall into his hands.

ART. 26. The staff of National Red Cross Societies and that of Personnel of
other Voluntary Aid Societies, duly recognized and authorized by aid societies
their Governments, who may be employed on the same duties as the
personnel named in Article 24, are placed on the same footing as the
personnel named in the said Article, provided that the staff of such
societies are subject to military laws and regulations.
Each High Contracting Party shall notify to the other, either in
time of peace or at the commencement of or during hostilities, but in
any case before actually employing them, the names of the societies
which it has authorized, under its responsibility, to render assistance
to the regular medical service of its armed forces.
46 FIRST GENEVA CONVENTION OF 1949

Societies of ART. 27. A recognized Society of a neutral country can only


neutral lend the assistance of its medical personnel and units to a Party to
countries
the conflict with the previous consent of its own Government and
the authorization of the Party to the conflict concerned. That
personnel and those units shall be placed under the control of that
Party to the conflict.
The neutral Government shall notify this consent to the
adversary of the State which accepts such assistance. The Party to
the conflict who accepts such assistance is bound to notify the
adverse Party thereof before making any use of it.
In no circumstances shall this assistance be considered as
interference in the conflict.
The members of the personnel named in the first paragraph shall
be duly furnished with the identity cards provided for in Article 40
before leaving the neutral country to which they belong.

Retained ART. 28. Personnel designated in Articles 24 and 26 who fall


personnel into the hands of the adverse Party, shall be retained only in so far as
the state of health, the spiritual needs and the number of prisoners
of war require.
Personnel thus retained shall not be deemed prisoners of war.
Nevertheless they shall at least benefit by all the provisions of the
Geneva Convention relative to the Treatment of Prisoners of War of
August 12, 1949. Within the framework of the military laws and
regulations of the Detaining Power, and under the authority of its
competent service, they shall continue to carry out, in accordance
with their professional ethics, their medical and spiritual duties on
behalf of prisoners of war, preferably those of the armed forces to
which they themselves belong. They shall further enjoy the
following facilities for carrying out their medical or spiritual duties:
a) They shall be authorized to visit periodically the prisoners of war
in labour units or hospitals outside the camp. The Detaining
Power shall put at their disposal the means of transport required.
b) In each camp the senior medical officer of the highest rank
shall be responsible to the military authorities of the camp for
the professional activity of the retained medical personnel. For
this purpose, from the outbreak of hostilities, the Parties to the
conflict shall agree regarding the corresponding seniority of
the ranks of their medical personnel, including those of the
societies designated in Article 26. In all questions arising out of
their duties, this medical officer, and the chaplains, shall have
direct access to the military and medical authorities of the
camp who shall grant them the facilities they may require for
correspondence relating to these questions.
WOUNDED AND SICK 47

c) Although retained personnel in a camp shall be subject to its


internal discipline, they shall not, however, be required to
perform any work outside their medical or religious duties.
During hostilities the Parties to the conflict shall make
arrangements for relieving where possible retained personnel, and
shall settle the procedure of such relief.
None of the preceding provisions shall relieve the Detaining
Power of the obligations imposed upon it with regard to the medical
and spiritual welfare of the prisoners of war.

ART. 29. Members of the personnel designated in Article 25 Status of


who have fallen into the hands of the enemy, shall be prisoners of auxiliary
personnel
war, but shall be employed on their medical duties in so far as the
need arises.

ART. 30. Personnel whose retention is not indispensable by Return of


virtue of the provisions of Article 28 shall be returned to the Party medical and
religious
to the conflict to whom they belong, as soon as a road is open for personnel
their return and military requirements permit.
Pending their return, they shall not be deemed prisoners of war.
Nevertheless they shall at least benefit by all the provisions of the
Geneva Convention relative to the Treatment of Prisoners of War of
August 12, 1949. They shall continue to fulfil their duties under the
orders of the adverse Party and shall preferably be engaged in the
care of the wounded and sick of the Party to the conflict to which
they themselves belong.
On their departure, they shall take with them the effects, personal
belongings, valuables and instruments belonging to them.

ART. 31. The selection of personnel for return under Article 30 Selection of
shall be made irrespective of any consideration of race, religion or personnel for
political opinion, but preferably according to the chronological order return
of their capture and their state of health.
As from the outbreak of hostilities, Parties to the conflict may
determine by special agreement the percentage of personnel to be
retained, in proportion to the number of prisoners and the
distribution of the said personnel in the camps.

ART. 32. Persons designated in Article 27 who have fallen into Return of
the hands of the adverse Party may not be detained. personnel
Unless otherwise agreed, they shall have permission to return to belonging to
neutral
their country, or if this is not possible, to the territory of the Party to countries
the conflict in whose service they were, as soon as a route for their
return is open and military considerations permit.
48 FIRST GENEVA CONVENTION OF 1949

Pending their release, they shall continue their work under the
direction of the adverse Party; they shall preferably be engaged in
the care of the wounded and sick of the Party to the conflict in
whose service they were.
On their departure, they shall take with them their effects,
personal articles and valuables and the instruments, arms and if
possible the means of transport belonging to them.
The Parties to the conflict shall secure to this personnel, while in
their power, the same food, lodging, allowances and pay as are
granted to the corresponding personnel of their armed forces. The
food shall in any case be sufficient as regards quantity, quality and
variety to keep the said personnel in a normal state of health.

CHAPTER V

Buildings and Material

Buildings and ART. 33. The material of mobile medical units of the armed
stores forces which fall into the hands of the enemy, shall be reserved for
the care of wounded and sick.
The buildings, material and stores of fixed medical establishments
of the armed forces shall remain subject to the laws of war, but may
not be diverted from that purpose as long as they are required for the
care of wounded and sick. Nevertheless, the commanders of forces in
the field may make use of them, in case of urgent military necessity,
provided that they make previous arrangements for the welfare of the
wounded and sick who are nursed in them.
The material and stores defined in the present Article shall not be
intentionally destroyed.

Property of ART. 34. The real and personal property of aid societies which
aid societies are admitted to the privileges of the Convention shall be regarded as
private property.
The right of requisition recognized for belligerents by the laws
and customs of war shall not be exercised except in case of urgent
necessity, and only after the welfare of the wounded and sick has
been ensured.
WOUNDED AND SICK 49

CHAPTER VI

Medical Transports

ART. 35. Transports of wounded and sick or of medical Protection


equipment shall be respected and protected in the same way as
mobile medical units.
Should such transports or vehicles fall into the hands of the
adverse Party, they shall be subject to the laws of war, on condition
that the Party to the conflict who captures them shall in all cases
ensure the care of the wounded and sick they contain.
The civilian personnel and all means of transport obtained by
requisition shall be subject to the general rules of international law.

ART. 36. Medical aircraft, that is to say, aircraft exclusively Medical


employed for the removal of wounded and sick and for the aircraft
transport of medical personnel and equipment, shall not be
attacked, but shall be respected by the belligerents, while flying at
heights, times and on routes specifically agreed upon between the
belligerents concerned.
They shall bear, clearly marked, the distinctive emblem
prescribed in Article 38, together with their national colours, on
their lower, upper and lateral surfaces. They shall be provided with
any other markings or means of identification that may be agreed
upon between the belligerents upon the outbreak or during the
course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied
territory are prohibited.
Medical aircraft shall obey every summons to land. In the event
of a landing thus imposed, the aircraft with its occupants may
continue its flight after examination, if any.
In the event of an involuntary landing in enemy or enemy-
occupied territory, the wounded and sick, as well as the crew of the
aircraft shall be prisoners of war. The medical personnel shall be
treated according to Article 24 and the Articles following.

ART. 37. Subject to the provisions of the second paragraph, Flight over
medical aircraft of Parties to the conflict may fly over the territory neutral
countries.
of neutral Powers, land on it in case of necessity, or use it as a port Landing of
of call. They shall give the neutral Powers previous notice of their wounded
passage over the said territory and obey all summons to alight, on
land or water. They will be immune from attack only when flying on
routes, at heights and at times specifically agreed upon between the
Parties to the conflict and the neutral Power concerned.
50 FIRST GENEVA CONVENTION OF 1949

The neutral Powers may, however, place conditions or


restrictions on the passage or landing of medical aircraft on their
territory. Such possible conditions or restrictions shall be applied
equally to all Parties to the conflict.
Unless agreed otherwise between the neutral Power and the Parties
to the conflict, the wounded and sick who are disembarked, with the
consent of the local authorities, on neutral territory by medical
aircraft, shall be detained by the neutral Power, where so required by
international law, in such a manner that they cannot again take part in
operations of war. The cost of their accommodation and internment
shall be borne by the Power on which they depend.

CHAPTER VII

The Distinctive Emblem

Emblem ART. 38. As a compliment to Switzerland, the heraldic emblem


of the of the red cross on a white ground, formed by reversing the Federal
Convention
colours, is retained as the emblem and distinctive sign of the
Medical Service of armed forces.
Nevertheless, in the case of countries which already use as
emblem, in place of the red cross, the red crescent or the red lion and
sun1 on a white ground, those emblems are also recognized by the
terms of the present Convention.

Use of the ART. 39. Under the direction of the competent military
emblem authority, the emblem shall be displayed on the flags, armlets and on
all equipment employed in the Medical Service.

Identification ART. 40. The personnel designated in Article 24 and in


of medical and Articles 26 and 27 shall wear, affixed to the left arm, a water-
religious
personnel resistant armlet bearing the distinctive emblem, issued and
stamped by the military authority.
Such personnel, in addition to wearing the identity disc mentioned
in Article 16, shall also carry a special identity card bearing the

1 The Government of Iran, the only country using the red lion and sun emblem on a
white ground, advised Switzerland, depositary State of the Geneva Conventions, on
4 September 1980, of the adoption of the red crescent in lieu and place of its former
emblem. This was duly communicated by the depositary on 20 October 1980 to the States
party to the Geneva Conventions.
WOUNDED AND SICK 51

distinctive emblem. This card shall be water-resistant and of such size


that it can be carried in the pocket. It shall be worded in the national
language, shall mention at least the surname and first names, the date
of birth, the rank and the service number of the bearer, and shall state
in what capacity he is entitled to the protection of the present
Convention. The card shall bear the photograph of the owner and
also either his signature or his finger-prints or both. It shall be
embossed with the stamp of the military authority.
The identity card shall be uniform throughout the same armed
forces and, as far as possible, of a similar type in the armed forces of
the High Contracting Parties. The Parties to the conflict may be
guided by the model which is annexed, by way of example, to the
present Convention. They shall inform each other, at the outbreak of
hostilities, of the model they are using. Identity cards should be
made out, if possible, at least in duplicate, one copy being kept by the
home country.
In no circumstances may the said personnel be deprived of their
insignia or identity cards nor of the right to wear the armlet. In case
of loss, they shall be entitled to receive duplicates of the cards and to
have the insignia replaced.

ART. 41. The personnel designated in Article 25 shall wear, but Identification
only while carrying out medical duties, a white armlet bearing in its of auxiliary
personnel
centre the distinctive sign in miniature; the armlet shall be issued
and stamped by the military authority.
Military identity documents to be carried by this type of
personnel shall specify what special training they have received, the
temporary character of the duties they are engaged upon, and their
authority for wearing the armlet.

ART. 42. The distinctive flag of the Convention shall be hoisted Marking of
only over such medical units and establishments as are entitled to be medical units
and
respected under the Convention, and only with the consent of the establish-
military authorities. ments
In mobile units, as in fixed establishments, it may be
accompanied by the national flag of the Party to the conflict to
which the unit or establishment belongs.
Nevertheless, medical units which have fallen into the hands of
the enemy shall not fly any flag other than that of the Convention.
Parties to the conflict shall take the necessary steps, in so far as
military considerations permit, to make the distinctive emblems
indicating medical units and establishments clearly visible to the
enemy land, air or naval forces, in order to obviate the possibility of
any hostile action.
52 FIRST GENEVA CONVENTION OF 1949

Marking of ART. 43. The medical units belonging to neutral countries,


units of which may have been authorized to lend their services to a
neutral
countries belligerent under the conditions laid down in Article 27, shall fly,
along with the flag of the Convention, the national flag of that
belligerent, wherever the latter makes use of the faculty conferred on
him by Article 42.
Subject to orders to the contrary by the responsible military
authorities, they may, on all occasions, fly their national flag, even if
they fall into the hands of the adverse Party.

Restrictions ART. 44. With the exception of the cases mentioned in the
in the use of following paragraphs of the present Article, the emblem of the red
the emblem.
Exceptions cross on a white ground and the words Red Cross, or Geneva
Cross may not be employed, either in time of peace or in time of
war, except to indicate or to protect the medical units and
establishments, the personnel and material protected by the present
Convention and other Conventions dealing with similar matters.
The same shall apply to the emblems mentioned in Article 38,
second paragraph, in respect of the countries which use them. The
National Red Cross Societies and other Societies designated in
Article 26 shall have the right to use the distinctive emblem
conferring the protection of the Convention only within the
framework of the present paragraph.
Furthermore, National Red Cross (Red Crescent, Red Lion and
Sun) Societies may, in time of peace, in accordance with their
national legislation, make use of the name and emblem of the Red
Cross for their other activities which are in conformity with the
principles laid down by the International Red Cross Conferences.
When those activities are carried out in time of war, the conditions
for the use of the emblem shall be such that it cannot be considered
as conferring the protection of the Convention; the emblem shall be
comparatively small in size and may not be placed on armlets or on
the roofs of buildings.
The international Red Cross organizations and their duly
authorized personnel shall be permitted to make use, at all times, of
the emblem of the red cross on a white ground.
As an exceptional measure, in conformity with national
legislation and with the express permission of one of the National
Red Cross (Red Crescent, Red Lion and Sun) Societies, the emblem
of the Convention may be employed in time of peace to identify
vehicles used as ambulances and to mark the position of aid stations
exclusively assigned to the purpose of giving free treatment to the
wounded or sick.
WOUNDED AND SICK 53

CHAPTER VIII

Execution of the Convention

ART. 45. Each Party to the conflict, acting through its Detailed
commanders-in-chief, shall ensure the detailed execution of the execution.
Unforeseen
preceding Articles, and provide for unforeseen cases, in conformity cases
with the general principles of the present Convention.

ART. 46. Reprisals against the wounded, sick, personnel, Prohibition


buildings or equipment protected by the Convention are of reprisals
prohibited.

ART. 47. The High Contracting Parties undertake, in time of Dissemination


peace as in time of war, to disseminate the text of the present of the
Convention
Convention as widely as possible in their respective countries, and, in
particular, to include the study thereof in their programmes of
military and, if possible, civil instruction, so that the principles
thereof may become known to the entire population, in particular to
the armed fighting forces, the medical personnel and the chaplains.

ART. 48. The High Contracting Parties shall communicate to Translations.


one another through the Swiss Federal Council and, during Rules of
application
hostilities, through the Protecting Powers, the official translations of
the present Convention, as well as the laws and regulations which
they may adopt to ensure the application thereof.

CHAPTER IX

Repression of Abuses and Infractions

ART. 49. The High Contracting Parties undertake to enact any Penal
legislation necessary to provide effective penal sanctions for sanctions
I.
persons committing, or ordering to be committed, any of the grave General
breaches of the present Convention defined in the following Article. observations
Each High Contracting Party shall be under the obligation to
search for persons alleged to have committed, or to have ordered to
be committed, such grave breaches, and shall bring such persons,
regardless of their nationality, before its own courts. It may also, if it
prefers, and in accordance with the provisions of its own legislation,
54 FIRST GENEVA CONVENTION OF 1949

hand such persons over for trial to another High Contracting Party
concerned, provided such High Contracting Party has made out a
prima facie case.
Each High Contracting Party shall take measures necessary for
the suppression of all acts contrary to the provisions of the present
Convention other than the grave breaches defined in the following
Article.
In all circumstances, the accused persons shall benefit by
safeguards of proper trial and defence, which shall not be less
favourable than those provided by Article 105 and those following
of the Geneva Convention relative to the Treatment of Prisoners of
War of August 12, 1949.

II. ART. 50. Grave breaches to which the preceding Article relates
Grave shall be those involving any of the following acts, if committed
breaches
against persons or property protected by the Convention: wilful
killing, torture or inhuman treatment, including biological
experiments, wilfully causing great suffering or serious injury to
body or health, and extensive destruction and appropriation of
property, not justified by military necessity and carried out
unlawfully and wantonly.

III. ART. 51. No High Contracting Party shall be allowed to


Responsibilities absolve itself or any other High Contracting Party of any liability
of the
Contracting incurred by itself or by another High Contracting Party in respect of
Parties breaches referred to in the preceding Article.

Enquiry ART. 52. At the request of a Party to the conflict, an enquiry


procedure shall be instituted, in a manner to be decided between the interested
Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for
the enquiry, the Parties should agree on the choice of an umpire
who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict
shall put an end to it and shall repress it with the least possible delay.

Misuse of ART. 53. The use by individuals, societies, firms or companies


the emblem either public or private, other than those entitled thereto under the
present Convention, of the emblem or the designation Red Cross
or Geneva Cross, or any sign or designation constituting an
imitation thereof, whatever the object of such use, and irrespective
of the date of its adoption, shall be prohibited at all times.
By reason of the tribute paid to Switzerland by the adoption of
the reversed Federal colours, and of the confusion which may arise
WOUNDED AND SICK 55

between the arms of Switzerland and the distinctive emblem of the


Convention, the use by private individuals, societies or firms, of the
arms of the Swiss Confederation, or of marks constituting an
imitation thereof, whether as trademarks or commercial marks, or
as parts of such marks, or for a purpose contrary to commercial
honesty, or in circumstances capable of wounding Swiss national
sentiment, shall be prohibited at all times.
Nevertheless, such High Contracting Parties as were not party to
the Geneva Convention of July 27, 1929, may grant to prior users of
the emblems, designations, signs or marks designated in the first
paragraph, a time limit not to exceed three years from the coming
into force of the present Convention to discontinue such use,
provided that the said use shall not be such as would appear, in time
of war, to confer the protection of the Convention.
The prohibition laid down in the first paragraph of the present
Article shall also apply, without effect on any rights acquired
through prior use, to the emblems and marks mentioned in the
second paragraph of Article 38.

ART. 54. The High Contracting Parties shall, if their legislation Prevention of
is not already adequate, take measures necessary for the prevention misuse
and repression, at all times, of the abuses referred to under
Article 53.

Final Provisions

ART. 55. The present Convention is established in English and Languages


in French. Both texts are equally authentic.
The Swiss Federal Council shall arrange for official translations
of the Convention to be made in the Russian and Spanish languages.

ART. 56. The present Convention, which bears the date of this Signature
day, is open to signature until February 12, 1950, in the name of the
Powers represented at the Conference which opened at Geneva on
April 21, 1949; furthermore, by Powers not represented at that
Conference but which are parties to the Geneva Conventions of
1864, 1906 or 1929 for the Relief of the Wounded and Sick in Armies
in the Field.

ART. 57. The present Convention shall be ratified as soon as Ratification


possible and the ratifications shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of
ratification and certified copies of this record shall be transmitted
56 FIRST GENEVA CONVENTION OF 1949

by the Swiss Federal Council to all the Powers in whose name the
Convention has been signed, or whose accession has been notified.

Coming into ART. 58. The present Convention shall come into force six
force months after not less than two instruments of ratification have been
deposited.
Thereafter, it shall come into force for each High Contracting
Party six months after the deposit of the instrument of ratification.

Relation to ART. 59. The present Convention replaces the Conventions of


previous August 22, 1864, July 6, 1906 and July 27, 1929, in relations between
Conventions
the High Contracting Parties.

Accession ART. 60. From the date of its coming into force, it shall be open
to any Power in whose name the present Convention has not been
signed, to accede to this Convention.

Notification ART. 61. Accessions shall be notified in writing to the Swiss


of accessions Federal Council, and shall take effect six months after the date on
which they are received.
The Swiss Federal Council shall communicate the accessions to
all the Powers in whose name the Convention has been signed, or
whose accession has been notified.

Immediate ART. 62. The situations provided for in Articles 2 and 3 shall
effect give immediate effect to ratifications deposited and accessions
notified by the Parties to the conflict before or after the beginning of
hostilities or occupation. The Swiss Federal Council shall
communicate by the quickest method any ratifications or accessions
received from Parties to the conflict.

Denunciation ART. 63. Each of the High Contracting Parties shall be at


liberty to denounce the present Convention.
The denunciation shall be notified in writing to the Swiss Federal
Council, which shall transmit it to the Governments of all the High
Contracting Parties.
The denunciation shall take effect one year after the notification
thereof has been made to the Swiss Federal Council. However, a
denunciation of which notification has been made at a time when
the denouncing Power is involved in a conflict shall not take effect
until peace has been concluded, and until after operations
connected with the release and repatriation of the persons protected
by the present Convention have been terminated.
WOUNDED AND SICK 57

The denunciation shall have effect only in respect of the


denouncing Power. It shall in no way impair the obligations which
the Parties to the conflict shall remain bound to fulfil by virtue of
the principles of the law of nations, as they result from the usages
established among civilized peoples, from the laws of humanity and
the dictates of the public conscience.

ART. 64. The Swiss Federal Council shall register the present Registration
Convention with the Secretariat of the United Nations. The Swiss with the
United
Federal Council shall also inform the Secretariat of the United Nations
Nations of all ratifications, accessions and denunciations received
by it with respect to the present Convention.

IN WITNESS WHEREOF the undersigned, having deposited their


respective full powers, have signed the present Convention.

DONE at Geneva this twelfth day of August 1949, in the English


and French languages. The original shall be deposited in the
Archives of the Swiss Confederation. The Swiss Federal Council
shall transmit certified copies thereof to each of the signatory and
acceding States.
ANNEX I

DRAFT AGREEMENT RELATING TO HOSPITAL ZONES


AND LOCALITIES

ARTICLE 1. Hospital zones shall be strictly reserved for the persons named in
Article 23 of the Geneva Convention for the Amelioration of the Condition of the
Wounded and Sick in the Armed Forces in the Field of August 12, 1949, and for the
personnel entrusted with the organization and administration of these zones and
localities, and with the care of the persons therein assembled.
Nevertheless, persons whose permanent residence is within such zones shall
have the right to stay there.

ART. 2. No persons residing, in whatever capacity, in a hospital zone shall


perform any work, either within or without the zone, directly connected with
military operations or the production of war material.

ART. 3. The Power establishing a hospital zone shall take all necessary
measures to prohibit access to all persons who have no right of residence or entry
therein.

ART. 4. Hospital zones shall fulfil the following conditions:


a) They shall comprise only a small part of the territory governed by the Power
which has established them.
b) They shall be thinly populated in relation to the possibilities of
accommodation.
c) They shall be far removed and free from all military objectives, or large
industrial or administrative establishments.
d) They shall not be situated in areas which, according to every probability, may
become important for the conduct of the war.

ART. 5. Hospital zones shall be subject to the following obligations:


a) The lines of communication and means of transport which they possess shall
not be used for the transport of military personnel or material, even in transit.
b) They shall in no case be defended by military means.

ART. 6. Hospital zones shall be marked by means of red crosses (red crescents,
red lions and suns) on a white background placed on the outer precincts and on the
buildings. They may be similarly marked at night by means of appropriate
illumination.
FIRST GENEVA CONVENTION OF 1949 ANNEX I 59

ART. 7. The Powers shall communicate to all the High Contracting Parties in
peacetime or on the outbreak of hostilities, a list of the hospital zones in the
territories governed by them. They shall also give notice of any new zones set up
during hostilities.
As soon as the adverse Party has received the above-mentioned notification, the
zone shall be regularly constituted.
If, however, the adverse Party considers that the conditions of the present
agreement have not been fulfilled, it may refuse to recognize the zone by giving
immediate notice thereof to the Party responsible for the said zone, or may make
its recognition of such zone dependent upon the institution of the control provided
for in Article 8.

ART. 8. Any Power having recognized one or several hospital zones instituted
by the adverse Party shall be entitled to demand control by one or more Special
Commissions, for the purpose of ascertaining if the zones fulfil the conditions and
obligations stipulated in the present agreement.
For this purpose, the members of the Special Commissions shall at all times have
free access to the various zones and may even reside there permanently. They shall
be given all facilities for their duties of inspection.

ART. 9. Should the Special Commissions note any facts which they consider
contrary to the stipulations of the present agreement, they shall at once draw the
attention of the Power governing the said zone to these facts, and shall fix a time
limit of five days within which the matter should be rectified. They shall duly notify
the Power who has recognized the zone.
If, when the time limit has expired, the Power governing the zone has not
complied with the warning, the adverse Party may declare that it is no longer bound
by the present agreement in respect of the said zone.

ART. 10. Any Power setting up one or more hospital zones and localities, and
the adverse Parties to whom their existence has been notified, shall nominate or
have nominated by neutral Powers, the persons who shall be members of the
Special Commissions mentioned in Articles 8 and 9.

ART. 11. In no circumstances may hospital zones be the object of attack. They
shall be protected and respected at all times by the Parties to the conflict.

ART. 12. In the case of occupation of a territory, the hospital zones therein
shall continue to be respected and utilized as such.
Their purpose may, however, be modified by the Occupying Power, on condition
that all measures are taken to ensure the safety of the persons accommodated.

ART. 13. The present agreement shall also apply to localities which the Powers
may utilize for the same purposes as hospital zones.
ANNEX II
Front Reverse side

(Space reserved for the name Signature of bearer or


of the country and military Photo
of bearer finger-prints or both
authority issuing this card)

IDENTITY CARD
for members of medical and religious
personnel attached to the armed forces
Embosssed
stamp
Surname .............................................................. of military
First names.......................................................... authority
Date of birth........................................................ issuing card
Rank ....................................................................
Army Number.....................................................
The bearer of this card is protected by the Height Eyes Hair
Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed
Forces in the Field of August 12, 1949, in his
capacity as Other distinguishing marks:
............................................................................. .............................................................................
.............................................................................
Date of issue Number of Card
.............................................................................
.............................................................................
.................................... ................................... .............................................................................
II

GENEVA CONVENTION
FOR THE AMELIORATION OF THE
CONDITION OF WOUNDED, SICK
AND SHIPWRECKED MEMBERS OF ARMED
FORCES AT SEA OF 12 AUGUST 1949

CHAPTER I
General Provisions
Article 1 Respect for the Convention ....................................................... 64
Article 2 Application of the Convention .................................................. 64
Article 3 Conflicts not of an international character ............................... 64
Article 4 Field of application .................................................................... 65
Article 5 Application by neutral Powers................................................... 65
Article 6 Special agreements..................................................................... 66
Article 7 Non-renunciation of rights........................................................ 66
Article 8 Protecting Powers ...................................................................... 66
Article 9 Activities of the International Committee of the Red Cross .... 66
Article 10 Substitutes for Protecting Powers .............................................. 67
Article 11 Conciliation procedure .............................................................. 67

CHAPTER II
Wounded, Sick and Shipwrecked
Article 12 Protection and care.................................................................... 68
Article 13 Protected persons....................................................................... 68
Article 14 Handing over to a belligerent .................................................... 69
Article 15 Wounded taken on board a neutral warship............................. 69
Article 16 Wounded falling into enemy hands........................................... 70
Article 17 Wounded landed in a neutral port ............................................ 70
Article 18 Search for casualties after an engagement ................................ 70
Article 19 Recording and forwarding of information................................ 70
Article 20 Prescriptions regarding the dead............................................... 71
Article 21 Appeals to neutral vessels .......................................................... 71

CHAPTER III
Hospital Ships
Article 22 Notification and protection of military hospital ships ............. 72
Article 23 Protection of medical establishments ashore............................ 72
Article 24 Hospital ships utilized by relief societies
and private individuals of: I. Parties to the conflict .................. 72
62 CONTENTS

Article 25 II. Neutral countries................................................................... 72


Article 26 Tonnage ...................................................................................... 72
Article 27 Coastal rescue craft ................................................................... 73
Article 28 Protection of sick-bays .............................................................. 73
Article 29 Hospital ships in occupied ports ............................................... 73
Article 30 Employment of hospital ships and small craft.......................... 73
Article 31 Right of control and search ....................................................... 73
Article 32 Stay in a neutral port ................................................................. 74
Article 33 Converted merchant vessels ...................................................... 74
Article 34 Discontinuance of protection.................................................... 74
Article 35 Conditions not depriving hospital ships of protection............. 74

CHAPTER IV
Personnel
Article 36 Protection of the personnel of hospital ships ........................... 75
Article 37 Medical and religious personnel of other ships ........................ 75

CHAPTER V
Medical Transports
Article 38 Ships used for the conveyance of medical equipment .............. 75
Article 39 Medical aircraft ......................................................................... 76
Article 40 Flight over neutral countries. Landing of wounded ................. 76

CHAPTER VI
The Distinctive Emblem
Article 41 Use of the emblem .................................................................... 77
Article 42 Identification of medical and religious personnel ................... 77
Article 43 Marking of hospital ships and small craft................................. 77
Article 44 Limitation in the use of markings ............................................ 78
Article 45 Prevention of misuse ................................................................. 78

CHAPTER VII
Execution of the Convention
Article 46 Detailed execution. Unforeseen cases ....................................... 79
Article 47 Prohibition of reprisals ............................................................. 79
Article 48 Dissemination of the Convention ............................................. 79
Article 49 Translations. Rules of application.............................................. 79
CONTENTS 63

CHAPTER VIII
Repression of Abuses and Infractions
Article 50 Penal sanctions: I. General observations .................................. 79
Article 51 II. Grave breaches ...................................................................... 80
Article 52 III. Responsibilities of the Contracting Parties ......................... 80
Article 53 Enquiry procedure .................................................................... 80
Final Provisions
Article 54 Languages................................................................................... 80
Article 55 Signature .................................................................................... 81
Article 56 Ratification ................................................................................ 81
Article 57 Coming into force ..................................................................... 81
Article 58 Relation to the 1907 Convention .............................................. 81
Article 59 Accession ................................................................................... 81
Article 60 Notification of accessions ......................................................... 81
Article 61 Immediate effect ....................................................................... 81
Article 62 Denunciation ............................................................................. 82
Article 63 Registration with the United Nations........................................ 82

ANNEX
Identity Card for Members of Medical
and Religious Personnel attached to the Armed Forces at Sea.......................... 83
II
GENEVA CONVENTION
FOR THE AMELIORATION OF THE
CONDITION OF WOUNDED, SICK AND
SHIPWRECKED MEMBERS OF ARMED
FORCES AT SEA OF 12 AUGUST 1949

CHAPTER I

General Provisions

Respect ARTICLE 1. The High Contracting Parties undertake to respect


for the and to ensure respect for the present Convention in all
Convention1
circumstances.

Application of ART. 2. In addition to the provisions which shall be


the Convention implemented in peacetime, the present Convention shall apply to all
cases of declared war or of any other armed conflict which may
arise between two or more of the High Contracting Parties, even if
the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total
occupation of the territory of a High Contracting Party, even if the
said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the
present Convention, the Powers who are parties thereto shall
remain bound by it in their mutual relations. They shall
furthermore be bound by the Convention in relation to the said
Power, if the latter accepts and applies the provisions thereof.

Conflicts not of ART. 3. In the case of armed conflict not of an international


an international character occurring in the territory of one of the High Contracting
character
Parties, each Party to the conflict shall be bound to apply, as a
minimum, the following provisions:
1) Persons taking no active part in the hostilities, including
members of armed forces who have laid down their arms and

1 The marginal notes or titles of articles have been drafted by the Swiss Federal
Department of Foreign Affairs.
WOUNDED, SICK AND SHIPWRECKED 65

those placed hors de combat by sickness, wounds, detention,


or any other cause, shall in all circumstances be treated
humanely, without any adverse distinction founded on race,
colour, religion or faith, sex, birth or wealth, or any other
similar criteria.
To this end, the following acts are and shall remain prohib-
ited at any time and in any place whatsoever with respect to
the above-mentioned persons:
a) violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
b) taking of hostages;
c) outrages upon personal dignity, in particular, humiliating
and degrading treatment;
d) the passing of sentences and the carrying out of
executions without previous judgment pronounced by a
regularly constituted court, affording all the judicial
guarantees which are recognized as indispensable by
civilized peoples.
2) The wounded, sick and shipwrecked shall be collected and
cared for.
An impartial humanitarian body, such as the International
Committee of the Red Cross, may offer its services to the Parties to
the conflict.
The Parties to the conflict should further endeavour to bring into
force, by means of special agreements, all or part of the other
provisions of the present Convention.
The application of the preceding provisions shall not affect the
legal status of the Parties to the conflict.

ART. 4. In case of hostilities between land and naval forces of Field of


Parties to the conflict, the provisions of the present Convention shall application
apply only to forces on board ship.
Forces put ashore shall immediately become subject to the
provisions of the Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field of
August 12, 1949.

ART. 5. Neutral Powers shall apply by analogy the provisions Application


by neutral
of the present Convention to the wounded, sick and shipwrecked, Powers
and to members of the medical personnel and to chaplains of the
armed forces of the Parties to the conflict received or interned in
their territory, as well as to dead persons found.
66 SECOND GENEVA CONVENTION OF 1949

Special ART. 6. In addition to the agreements expressly provided for in


agreements Articles 10, 18, 31, 38, 39, 40, 43 and 53, the High Contracting
Parties may conclude other special agreements for all matters
concerning which they may deem it suitable to make separate
provision. No special agreement shall adversely affect the situation
of wounded, sick and shipwrecked persons, of members of the
medical personnel or of chaplains, as defined by the present
Convention, nor restrict the rights which it confers upon them.
Wounded, sick, and shipwrecked persons, as well as medical
personnel and chaplains, shall continue to have the benefit of such
agreements as long as the Convention is applicable to them, except
where express provisions to the contrary are contained in the
aforesaid or in subsequent agreements, or where more favourable
measures have been taken with regard to them by one or other of
the Parties to the conflict.

Non- ART. 7. Wounded, sick and shipwrecked persons, as well as


renunciation members of the medical personnel and chaplains, may in no
of rights
circumstances renounce in part or in entirety the rights secured to
them by the present Convention, and by the special agreements
referred to in the foregoing Article, if such there be.

Protecting ART. 8. The present Convention shall be applied with the co-
Powers operation and under the scrutiny of the Protecting Powers whose
duty it is to safeguard the interests of the Parties to the conflict. For
this purpose, the Protecting Powers may appoint, apart from their
diplomatic or consular staff, delegates from amongst their own
nationals or the nationals of other neutral Powers. The said
delegates shall be subject to the approval of the Power with which
they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent
possible the task of the representatives or delegates of the Protecting
Powers.
The representatives or delegates of the Protecting Powers shall not
in any case exceed their mission under the present Convention. They
shall, in particular, take account of the imperative necessities of
security of the State wherein they carry out their duties. Their activities
shall only be restricted as an exceptional and temporary measure when
this is rendered necessary by imperative military necessities.

Activities ART. 9. The provisions of the present Convention constitute


of the no obstacle to the humanitarian activities which the International
International
Committee of Committee of the Red Cross or any other impartial humanitarian
the Red Cross organization may, subject to the consent of the Parties to the conflict
WOUNDED, SICK AND SHIPWRECKED 67

concerned, undertake for the protection of wounded, sick and


shipwrecked persons, medical personnel and chaplains, and for
their relief.

ART. 10. The High Contracting Parties may at any time agree Substitutes
to entrust to an organization which offers all guarantees of for Protecting
Powers
impartiality and efficacy the duties incumbent on the Protecting
Powers by virtue of the present Convention.
When wounded, sick and shipwrecked, or medical personnel and
chaplains do not benefit or cease to benefit, no matter for what
reason, by the activities of a Protecting Power or of an organization
provided for in the first paragraph above, the Detaining Power shall
request a neutral State, or such an organization, to undertake the
functions performed under the present Convention by a Protecting
Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining
Power shall request or shall accept, subject to the provisions of this
Article, the offer of the services of a humanitarian organization,
such as the International Committee of the Red Cross, to assume the
humanitarian functions performed by Protecting Powers under the
present Convention.
Any neutral Power, or any organization invited by the Power
concerned or offering itself for these purposes, shall be required to
act with a sense of responsibility towards the Party to the conflict on
which persons protected by the present Convention depend, and
shall be required to furnish sufficient assurances that it is in a
position to undertake the appropriate functions and to discharge
them impartially.
No derogation from the preceding provisions shall be made by
special agreements between Powers one of which is restricted, even
temporarily, in its freedom to negotiate with the other Power or its
allies by reason of military events, more particularly where the whole,
or a substantial part, of the territory of the said Power is occupied.
Whenever, in the present Convention, mention is made of a
Protecting Power, such mention also applies to substitute
organizations in the sense of the present Article.

ART. 11. In cases where they deem it advisable in the interest Conciliation
of protected persons, particularly in cases of disagreement between procedure
the Parties to the conflict as to the application or interpretation of
the provisions of the present Convention, the Protecting Powers
shall lend their good offices with a view to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the
invitation of one Party or on its own initiative, propose to the
68 SECOND GENEVA CONVENTION OF 1949

Parties to the conflict a meeting of their representatives, in


particular of the authorities responsible for the wounded, sick and
shipwrecked, medical personnel and chaplains, possibly on neutral
territory suitably chosen. The Parties to the conflict shall be bound
to give effect to the proposals made to them for this purpose. The
Protecting Powers may, if necessary, propose for approval by the
Parties to the conflict, a person belonging to a neutral Power or
delegated by the International Committee of the Red Cross, who
shall be invited to take part in such a meeting.

CHAPTER II

Wounded, Sick and Shipwrecked

Protection ART. 12. Members of the armed forces and other persons
and care mentioned in the following Article, who are at sea and who are
wounded, sick or shipwrecked, shall be respected and protected in
all circumstances, it being understood that the term shipwreck
means shipwreck from any cause and includes forced landings at
sea by or from aircraft.
Such persons shall be treated humanely and cared for by the
Parties to the conflict in whose power they may be, without any
adverse distinction founded on sex, race, nationality, religion,
political opinions, or any other similar criteria. Any attempts upon
their lives, or violence to their persons, shall be strictly prohibited;
in particular, they shall not be murdered or exterminated, subjected
to torture or to biological experiments; they shall not wilfully be left
without medical assistance and care, nor shall conditions exposing
them to contagion or infection be created.
Only urgent medical reasons will authorize priority in the order
of treatment to be administered.
Women shall be treated with all consideration due to their sex.

Protected ART. 13. The present Convention shall apply to the wounded,
persons sick and shipwrecked at sea belonging to the following categories:
1) Members of the armed forces of a Party to the conflict, as well
as members of militias or volunteer corps forming part of
such armed forces.
2) Members of other militias and members of other volunteer
corps, including those of organized resistance movements,
WOUNDED, SICK AND SHIPWRECKED 69

belonging to a Party to the conflict and operating in or outside


their own territory, even if this territory is occupied, provided
that such militias or volunteer corps, including such organized
resistance movements, fulfil the following conditions:
a) that of being commanded by a person responsible for his
subordinates;
b) that of having a fixed distinctive sign recognizable at a
distance;
c) that of carrying arms openly;
d) that of conducting their operations in accordance with the
laws and customs of war.
3) Members of regular armed forces who profess allegiance to a
Government or an authority not recognized by the Detaining
Power.
4) Persons who accompany the armed forces without actually
being members thereof, such as civilian members of military
aircraft crews, war correspondents, supply contractors,
members of labour units or of services responsible for the
welfare of the armed forces, provided that they have received
authorization from the armed forces which they accompany.
5) Members of crews, including masters, pilots and apprentices
of the merchant marine and the crews of civil aircraft of the
Parties to the conflict, who do not benefit by more favourable
treatment under any other provisions of international law.
6) Inhabitants of a non-occupied territory who, on the approach
of the enemy, spontaneously take up arms to resist the
invading forces, without having had time to form themselves
into regular armed units, provided they carry arms openly
and respect the laws and customs of war.

ART. 14. All warships of a belligerent Party shall have the right Handing
to demand that the wounded, sick or shipwrecked on board military over to a
belligerent
hospital ships, and hospital ships belonging to relief societies or to
private individuals, as well as merchant vessels, yachts and other craft
shall be surrendered, whatever their nationality, provided that the
wounded and sick are in a fit state to be moved and that the warship
can provide adequate facilities for necessary medical treatment.

ART. 15. If wounded, sick or shipwrecked persons are taken on Wounded


board a neutral warship or a neutral military aircraft, it shall be taken on
board a
ensured, where so required by international law, that they can take neutral
no further part in operations of war. warship
70 SECOND GENEVA CONVENTION OF 1949

Wounded ART. 16. Subject to the provisions of Article 12, the wounded,
falling into sick and shipwrecked of a belligerent who fall into enemy hands
enemy hands
shall be prisoners of war, and the provisions of international law
concerning prisoners of war shall apply to them. The captor may
decide, according to circumstances, whether it is expedient to hold
them, or to convey them to a port in the captors own country, to a
neutral port or even to a port in enemy territory. In the last case,
prisoners of war thus returned to their home country may not serve
for the duration of the war.

Wounded ART. 17. Wounded, sick or shipwrecked persons who are


landed in a landed in neutral ports with the consent of the local authorities,
neutral port
shall, failing arrangements to the contrary between the neutral and
the belligerent Powers, be so guarded by the neutral Power, where so
required by international law, that the said persons cannot again
take part in operations of war.
The costs of hospital accommodation and internment shall be
borne by the Power on whom the wounded, sick or shipwrecked
persons depend.

Search for ART. 18. After each engagement, Parties to the conflict shall,
casualties without delay, take all possible measures to search for and collect the
after an
engagement shipwrecked, wounded and sick, to protect them against pillage and
ill-treatment, to ensure their adequate care, and to search for the
dead and prevent their being despoiled.
Whenever circumstances permit, the Parties to the conflict shall
conclude local arrangements for the removal of the wounded and
sick by sea from a besieged or encircled area and for the passage of
medical and religious personnel and equipment on their way to that
area.

Recording ART. 19. The Parties to the conflict shall record as soon as
and possible, in respect of each shipwrecked, wounded, sick or dead
forwarding of
information person of the adverse Party falling into their hands, any particulars
which may assist in his identification. These records should if
possible include:
a) designation of the Power on which he depends;
b) army, regimental, personal or serial number;
c) surname;
d) first name or names;
e) date of birth;
f) any other particulars shown on his identity card or disc;
WOUNDED, SICK AND SHIPWRECKED 71

g) date and place of capture or death;


h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above-mentioned information shall be
forwarded to the Information Bureau described in Article 122 of the
Geneva Convention relative to the Treatment of Prisoners of War of
August 12, 1949, which shall transmit this information to the Power
on which these persons depend through the intermediary of the
Protecting Power and of the Central Prisoners of War Agency.
Parties to the conflict shall prepare and forward to each other
through the same bureau, certificates of death or duly authenticated
lists of the dead. They shall likewise collect and forward through the
same bureau one half of the double identity disc, or the identity disc
itself if it is a single disc, last wills or other documents of importance
to the next of kin, money and in general all articles of an intrinsic or
sentimental value, which are found on the dead. These articles
together with unidentified articles, shall be sent in sealed packets,
accompanied by statements giving all particulars necessary for the
identification of the deceased owners, as well as by a complete list of
the contents of the parcel.

ART. 20. Parties to the conflict shall ensure that burial at sea of Prescriptions
the dead, carried out individually as far as circumstances permit, is regarding
the dead
preceded by a careful examination, if possible by a medical
examination, of the bodies, with a view to confirming death,
establishing identity and enabling a report to be made. Where a
double identity disc is used, one half of the disc should remain on
the body.
If dead persons are landed, the provisions of the Geneva
Convention for the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field of August 12, 1949, shall be
applicable.

ART. 21. The Parties to the conflict may appeal to the charity Appeals to
of commanders of neutral merchant vessels, yachts or other craft, to neutral
vessels
take on board and care for wounded, sick or shipwrecked persons,
and to collect the dead.
Vessels of any kind responding to this appeal, and those having of
their own accord collected wounded, sick or shipwrecked persons,
shall enjoy special protection and facilities to carry out such
assistance.
They may, in no case, be captured on account of any such
transport; but, in the absence of any promise to the contrary, they
shall remain liable to capture for any violations of neutrality they
may have committed.
72 SECOND GENEVA CONVENTION OF 1949

CHAPTER III

Hospital Ships

Notification ART. 22. Military hospital ships, that is to say, ships built or
and equipped by the Powers specially and solely with a view to assisting
protection of
military the wounded, sick and shipwrecked, to treating them and to
hospital ships transporting them, may in no circumstances be attacked or
captured, but shall at all times be respected and protected, on
condition that their names and descriptions have been notified to
the Parties to the conflict ten days before those ships are employed.
The characteristics which must appear in the notification shall
include registered gross tonnage, the length from stem to stern and
the number of masts and funnels.

Protection of ART. 23. Establishments ashore entitled to the protection of


medical the Geneva Convention for the Amelioration of the Condition of
establishments
ashore the Wounded and Sick in Armed Forces in the Field of August 12,
1949, shall be protected from bombardment or attack from the sea.

Hospital ART. 24. Hospital ships utilized by National Red Cross


ships utilized Societies, by officially recognized relief societies or by private
by relief
societies and persons shall have the same protection as military hospital ships
private and shall be exempt from capture, if the Party to the conflict on
individuals of which they depend has given them an official commission and in so
I.
far as the provisions of Article 22 concerning notification have been
Parties to complied with.
the conflict These ships must be provided with certificates from the
responsible authorities, stating that the vessels have been under
their control while fitting out and on departure.

II. ART. 25. Hospital ships utilized by National Red Cross


Neutral Societies, officially recognized relief societies, or private persons of
countries
neutral countries shall have the same protection as military hospital
ships and shall be exempt from capture, on condition that they have
placed themselves under the control of one of the Parties to the
conflict, with the previous consent of their own governments and
with the authorization of the Party to the conflict concerned, in so
far as the provisions of Article 22 concerning notification have been
complied with.

Tonnage ART. 26. The protection mentioned in Articles 22, 24 and 25


shall apply to hospital ships of any tonnage and to their lifeboats,
wherever they are operating. Nevertheless, to ensure the maximum
WOUNDED, SICK AND SHIPWRECKED 73

comfort and security, the Parties to the conflict shall endeavour to


utilize, for the transport of wounded, sick and shipwrecked over
long distances and on the high seas, only hospital ships of over 2,000
tons gross.

ART. 27. Under the same conditions as those provided for in Coastal
Articles 22 and 24, small craft employed by the State or by the officially rescue craft
recognized lifeboat institutions for coastal rescue operations, shall also
be respected and protected, so far as operational requirements permit.
The same shall apply so far as possible to fixed coastal installations
used exclusively by these craft for their humanitarian missions.

ART. 28. Should fighting occur on board a warship, the sick- Protection of
bays shall be respected and spared as far as possible. Sick-bays and sick-bays
their equipment shall remain subject to the laws of warfare, but may
not be diverted from their purpose so long as they are required for
the wounded and sick. Nevertheless, the commander into whose
power they have fallen may, after ensuring the proper care of the
wounded and sick who are accommodated therein, apply them to
other purposes in case of urgent military necessity.

ART. 29. Any hospital ship in a port which falls into the hands Hospital ships
of the enemy shall be authorized to leave the said port. in occupied
ports

ART. 30. The vessels described in Articles 22, 24, 25 and 27 Employment
shall afford relief and assistance to the wounded, sick and of hospital
ships and
shipwrecked without distinction of nationality. small craft
The High Contracting Parties undertake not to use these vessels
for any military purpose.
Such vessels shall in no wise hamper the movements of the
combatants.
During and after an engagement, they will act at their own risk.

ART. 31. The Parties to the conflict shall have the right to Right of
control and search the vessels mentioned in Articles 22, 24, 25 and control and
search
27. They can refuse assistance from these vessels, order them off,
make them take a certain course, control the use of their wireless
and other means of communication, and even detain them for a
period not exceeding seven days from the time of interception, if the
gravity of the circumstances so requires.
They may put a commissioner temporarily on board whose sole
task shall be to see that orders given in virtue of the provisions of the
preceding paragraph are carried out.
74 SECOND GENEVA CONVENTION OF 1949

As far as possible, the Parties to the conflict shall enter in the log
of the hospital ship, in a language he can understand, the orders
they have given the captain of the vessel.
Parties to the conflict may, either unilaterally or by particular
agreements, put on board their ships neutral observers who shall
verify the strict observation of the provisions contained in the
present Convention.

Stay in a ART. 32. Vessels described in Articles 22, 24, 25 and 27 are not
neutral port classed as warships as regards their stay in a neutral port.

Converted ART. 33. Merchant vessels which have been transformed into
merchant hospital ships cannot be put to any other use throughout the
vessels
duration of hostilities.

Discontinu- ART. 34. The protection to which hospital ships and sick-bays
ance of are entitled shall not cease unless they are used to commit, outside
protection
their humanitarian duties, acts harmful to the enemy. Protection
may, however, cease only after due warning has been given, naming
in all appropriate cases a reasonable time limit, and after such
warning has remained unheeded.
In particular, hospital ships may not possess or use a secret code
for their wireless or other means of communication.

Conditions ART. 35. The following conditions shall not be considered as


not depriving depriving hospital ships or sick-bays of vessels of the protection due
hospital ships
of protection to them:
1) The fact that the crews of ships or sick-bays are armed for the
maintenance of order, for their own defence or that of the sick
and wounded.
2) The presence on board of apparatus exclusively intended to
facilitate navigation or communication.
3) The discovery on board hospital ships or in sick-bays of
portable arms and ammunition taken from the wounded, sick
and shipwrecked and not yet handed to the proper service.
4) The fact that the humanitarian activities of hospital ships and
sick-bays of vessels or of the crews extend to the care of
wounded, sick or shipwrecked civilians.
5) The transport of equipment and of personnel intended
exclusively for medical duties, over and above the normal
requirements.
WOUNDED, SICK AND SHIPWRECKED 75

CHAPTER IV

Personnel

ART. 36. The religious, medical and hospital personnel of Protection of


hospital ships and their crews shall be respected and protected; they the personnel
of hospital
may not be captured during the time they are in the service of the ships
hospital ship, whether or not there are wounded and sick on board.

ART. 37. The religious, medical and hospital personnel Medical and
assigned to the medical or spiritual care of the persons designated religious
personnel of
in Articles 12 and 13 shall, if they fall into the hands of the enemy, other ships
be respected and protected; they may continue to carry out their
duties as long as this is necessary for the care of the wounded and
sick. They shall afterwards be sent back as soon as the Commander-
in-Chief, under whose authority they are, considers it practicable.
They may take with them, on leaving the ship, their personal
property.
If, however, it proves necessary to retain some of this personnel
owing to the medical or spiritual needs of prisoners of war,
everything possible shall be done for their earliest possible landing.
Retained personnel shall be subject, on landing, to the provisions of
the Geneva Convention for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field of August 12, 1949.

CHAPTER V

Medical Transports

ART. 38. Ships chartered for that purpose shall be authorized Ships used
to transport equipment exclusively intended for the treatment of for the
conveyance
wounded and sick members of armed forces or for the prevention of of medical
disease, provided that the particulars regarding their voyage have equipment
been notified to the adverse Power and approved by the latter. The
adverse Power shall preserve the right to board the carrier ships, but
not to capture them or to seize the equipment carried.
By agreement amongst the Parties to the conflict, neutral
observers may be placed on board such ships to verify the
equipment carried. For this purpose, free access to the equipment
shall be given.
76 SECOND GENEVA CONVENTION OF 1949

Medical ART. 39. Medical aircraft, that is to say, aircraft exclusively


aircraft employed for the removal of wounded, sick and shipwrecked, and
for the transport of medical personnel and equipment, may not be
the object of attack, but shall be respected by the Parties to the
conflict, while flying at heights, at times and on routes specifically
agreed upon between the Parties to the conflict concerned.
They shall be clearly marked with the distinctive emblem
prescribed in Article 41, together with their national colours, on
their lower, upper and lateral surfaces. They shall be provided with
any other markings or means of identification which may be agreed
upon between the Parties to the conflict upon the outbreak or
during the course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied
territory are prohibited.
Medical aircraft shall obey every summons to alight on land or
water. In the event of having thus to alight, the aircraft with its
occupants may continue its flight after examination, if any.
In the event of alighting involuntarily on land or water in enemy
or enemy-occupied territory, the wounded, sick and shipwrecked,
as well as the crew of the aircraft shall be prisoners of war. The
medical personnel shall be treated according to Articles 36 and 37.

Flight over ART. 40. Subject to the provisions of the second paragraph,
neutral medical aircraft of Parties to the conflict may fly over the territory
countries.
Landing of of neutral Powers, land thereon in case of necessity, or use it as a
wounded port of call. They shall give neutral Powers prior notice of their
passage over the said territory, and obey every summons to alight,
on land or water. They will be immune from attack only when flying
on routes, at heights and at times specifically agreed upon between
the Parties to the conflict and the neutral Power concerned.
The neutral Powers may, however, place conditions or
restrictions on the passage or landing of medical aircraft on their
territory. Such possible conditions or restrictions shall be applied
equally to all Parties to the conflict.
Unless otherwise agreed between the neutral Powers and the
Parties to the conflict, the wounded, sick or shipwrecked who are
disembarked with the consent of the local authorities on neutral
territory by medical aircraft shall be detained by the neutral Power,
where so required by international law, in such a manner that they
cannot again take part in operations of war. The cost of their
accommodation and internment shall be borne by the Power on
which they depend.
WOUNDED, SICK AND SHIPWRECKED 77

CHAPTER VI

The Distinctive Emblem

ART. 41. Under the direction of the competent military Use of the
authority, the emblem of the red cross on a white ground shall be emblem
displayed on the flags, armlets and on all equipment employed in
the Medical Service.
Nevertheless, in the case of countries which already use as
emblem, in place of the red cross, the red crescent or the red lion and
sun on a white ground, these emblems are also recognized by the
terms of the present Convention.

ART. 42. The personnel designated in Articles 36 and 37 shall Identification


wear, affixed to the left arm, a water-resistant armlet bearing the of medical
distinctive emblem, issued and stamped by the military authority. and religious
personnel
Such personnel, in addition to wearing the identity disc
mentioned in Article 19, shall also carry a special identity card
bearing the distinctive emblem. This card shall be water-resistant
and of such size that it can be carried in the pocket. It shall be
worded in the national language, shall mention at least the surname
and first names, the date of birth, the rank and the service number
of the bearer, and shall state in what capacity he is entitled to the
protection of the present Convention. The card shall bear the
photograph of the owner and also either his signature or his finger-
prints or both. It shall be embossed with the stamp of the military
authority.
The identity card shall be uniform throughout the same armed
forces and, as far as possible, of a similar type in the armed forces of
the High Contracting Parties. The Parties to the conflict may be
guided by the model which is annexed, by way of example, to the
present Convention. They shall inform each other, at the outbreak of
hostilities, of the model they are using. Identity cards should be
made out, if possible, at least in duplicate, one copy being kept by the
home country.
In no circumstances may the said personnel be deprived of their
insignia or identity cards nor of the right to wear the armlet. In cases
of loss they shall be entitled to receive duplicates of the cards and to
have the insignia replaced.

ART. 43. The ships designated in Articles 22, 24, 25 and 27 shall Marking of
be distinctively marked as follows: hospital ships
and small
a) All exterior surfaces shall be white. craft
78 SECOND GENEVA CONVENTION OF 1949

b) One or more dark red crosses, as large as possible, shall be


painted and displayed on each side of the hull and on the horizontal
surfaces, so placed as to afford the greatest possible visibility from
the sea and from the air.
All hospital ships shall make themselves known by hoisting their
national flag and further, if they belong to a neutral state, the flag of
the Party to the conflict whose direction they have accepted.A white
flag with a red cross shall be flown at the mainmast as high as
possible.
Lifeboats of hospital ships, coastal lifeboats and all small craft
used by the Medical Service shall be painted white with dark red
crosses prominently displayed and shall, in general, comply with the
identification system prescribed above for hospital ships.
The above-mentioned ships and craft, which may wish to ensure
by night and in times of reduced visibility the protection to which
they are entitled, must, subject to the assent of the Party to the
conflict under whose power they are, take the necessary measures to
render their painting and distinctive emblems sufficiently apparent.
Hospital ships which, in accordance with Article 31, are
provisionally detained by the enemy, must haul down the flag of the
Party to the conflict in whose service they are or whose direction
they have accepted.
Coastal lifeboats, if they continue to operate with the consent of
the Occupying Power from a base which is occupied, may be
allowed, when away from their base, to continue to fly their own
national colours along with a flag carrying a red cross on a white
ground, subject to prior notification to all the Parties to the conflict
concerned.
All the provisions in this Article relating to the red cross shall
apply equally to the other emblems mentioned in Article 41.
Parties to the conflict shall at all times endeavour to conclude
mutual agreements, in order to use the most modern methods
available to facilitate the identification of hospital ships.

Limitation in ART. 44. The distinguishing signs referred to in Article 43 can


the use of only be used, whether in time of peace or war, for indicating or
markings
protecting the ships therein mentioned, except as may be provided
in any other international Convention or by agreement between all
the Parties to the conflict concerned.

Prevention of ART. 45. The High Contracting Parties shall, if their legislation
misuse is not already adequate, take the measures necessary for the
prevention and repression, at all times, of any abuse of the
distinctive signs provided for under Article 43.
WOUNDED, SICK AND SHIPWRECKED 79

CHAPTER VII

Execution of the Convention

ART. 46. Each Party to the conflict, acting through its Detailed
Commanders-in-Chief, shall ensure the detailed execution of the execution.
Unforeseen
preceding Articles and provide for unforeseen cases, in conformity cases
with the general principles of the present Convention.

ART. 47. Reprisals against the wounded, sick and shipwrecked Prohibition
persons, the personnel, the vessels or the equipment protected by of reprisals
the Convention are prohibited.

ART. 48. The High Contracting Parties undertake, in time of Dissemination


peace as in time of war, to disseminate the text of the present of the
Convention
Convention as widely as possible in their respective countries, and,
in particular, to include the study thereof in their programmes of
military and, if possible, civil instruction, so that the principles
thereof may become known to the entire population, in particular
to the armed fighting forces, the medical personnel and the
chaplains.

ART. 49. The High Contracting Parties shall communicate to Translations.


one another through the Swiss Federal Council and, during Rules of
application
hostilities, through the Protecting Powers, the official translations of
the present Convention, as well as the laws and regulations which
they may adopt to ensure the application thereof.

CHAPTER VIII

Repression of Abuses and Infractions

ART. 50. The High Contracting Parties undertake to enact any Penal
legislation necessary to provide effective penal sanctions for sanctions
persons committing, or ordering to be committed, any of the grave I.
breaches of the present Convention defined in the following Article. General
Each High Contracting Party shall be under the obligation to observations
search for persons alleged to have committed, or to have ordered to
be committed, such grave breaches, and shall bring such persons,
regardless of their nationality, before its own courts. It may also, if it
80 SECOND GENEVA CONVENTION OF 1949

prefers, and in accordance with the provisions of its own legislation,


hand such persons over for trial to another High Contracting Party
concerned, provided such High Contracting Party has made out a
prima facie case.
Each High Contracting Party shall take measures necessary for
the suppression of all acts contrary to the provisions of the present
Convention other than the grave breaches defined in the following
Article.
In all circumstances, the accused persons shall benefit by
safeguards of proper trial and defence, which shall not be less
favourable than those provided by Article 105 and those following
of the Geneva Convention relative to the Treatment of Prisoners of
War of August 12, 1949.

II. ART. 51. Grave breaches to which the preceding Article relates
Grave shall be those involving any of the following acts, if committed
breaches
against persons or property protected by the Convention: wilful
killing, torture or inhuman treatment, including biological
experiments, wilfully causing great suffering or serious injury to
body or health, and extensive destruction and appropriation of
property, not justified by military necessity and carried out
unlawfully and wantonly.

III. ART. 52. No High Contracting Party shall be allowed to


Responsi- absolve itself or any other High Contracting Party of any liability
bilities of the
Contracting incurred by itself or by another High Contracting Party in respect
Parties of breaches referred to in the preceding Article.

Enquiry ART. 53. At the request of a Party to the conflict, an enquiry


procedure shall be instituted, in a manner to be decided between the interested
Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for
the enquiry, the Parties should agree on the choice of an umpire,
who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the
conflict shall put an end to it and shall repress it with the least
possible delay.

Final Provisions

Languages ART. 54. The present Convention is established in English and


in French. Both texts are equally authentic.
The Swiss Federal Council shall arrange for official translations of
the Convention to be made in the Russian and Spanish languages.
WOUNDED, SICK AND SHIPWRECKED 81

ART. 55. The present Convention, which bears the date of this Signature
day, is open to signature until February 12, 1950, in the name of the
Powers represented at the Conference which opened at Geneva on
April 21, 1949; furthermore, by Powers not represented at that
Conference, but which are parties to the Xth Hague Convention of
October 18, 1907, for the adaptation to Maritime Warfare of the
principles of the Geneva Convention of 1906, or to the Geneva
Conventions of 1864, 1906 or 1929 for the Relief of the Wounded
and Sick in Armies in the Field.

ART. 56. The present Convention shall be ratified as soon as Ratification


possible and the ratifications shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of
ratification and certified copies of this record shall be transmitted by
the Swiss Federal Council to all the Powers in whose name the
Convention has been signed, or whose accession has been notified.

ART. 57. The present Convention shall come into force six Coming into
months after not less than two instruments of ratification have been force
deposited.
Thereafter, it shall come into force for each High Contracting
Party six months after the deposit of the instruments of ratification.

ART. 58. The present Convention replaces the Xth Hague Relation to
Convention of October 18, 1907, for the adaptation to Maritime the 1907
Convention
Warfare of the principles of the Geneva Convention of 1906, in
relations between the High Contracting Parties.

ART. 59. From the date of its coming into force, it shall be open Accession
to any Power in whose name the present Convention has not been
signed, to accede to this Convention.

ART. 60. Accessions shall be notified in writing to the Swiss Notification


Federal Council, and shall take effect six months after the date on of accessions
which they are received.
The Swiss Federal Council shall communicate the accessions to
all the Powers in whose name the Convention has been signed, or
whose accession has been notified.

ART. 61. The situations provided for in Articles 2 and 3 shall Immediate
give immediate effect to ratifications deposited and accessions effect
notified by the Parties to the conflict before or after the beginning of
hostilities or occupation. The Swiss Federal Council shall
communicate by the quickest method any ratifications or accessions
received from Parties to the conflict.
82 SECOND GENEVA CONVENTION OF 1949

Denunciation ART. 62. Each of the High Contracting Parties shall be at


liberty to denounce the present Convention.
The denunciation shall be notified in writing to the Swiss Federal
Council, which shall transmit it to the Governments of all the High
Contracting Parties.
The denunciation shall take effect one year after the notification
thereof has been made to the Swiss Federal Council. However, a
denunciation of which notification has been made at a time when
the denouncing Power is involved in a conflict shall not take effect
until peace has been concluded, and until after operations
connected with the release and repatriation of the persons
protected by the present Convention have been terminated.
The denunciation shall have effect only in respect of the
denouncing Power. It shall in no way impair the obligations which
the Parties to the conflict shall remain bound to fulfil by virtue of
the principles of the law of nations, as they result from the usages
established among civilized peoples, from the laws of humanity and
the dictates of the public conscience.

Registration ART. 63. The Swiss Federal Council shall register the present
with the Convention with the Secretariat of the United Nations. The Swiss
United
Nations Federal Council shall also inform the Secretariat of the United
Nations of all ratifications, accessions and denunciations received
by it with respect to the present Convention.

IN WITNESS WHEREOF the undersigned, having deposited their


respective full powers, have signed the present Convention.

DONE at Geneva this twelfth day of August 1949, in the English


and French languages. The original shall be deposited in the
Archives of the Swiss Confederation. The Swiss Federal Council
shall transmit certified copies thereof to each of the signatory and
acceding States.
ANNEX
Front Reverse side

(Space reserved for the name Signature of bearer or


of the country and military Photo
of bearer finger-prints or both
authority issuing this card)

IDENTITY CARD
for members of medical and religious
personnel attached to the armed forces
at sea
Embosssed
stamp
Surname .............................................................. of military
First names.......................................................... authority
Date of birth........................................................ issuing card
Rank ....................................................................
Army Number.....................................................
The bearer of this card is protected by the Height Eyes Hair
Geneva Convention for the Amelioration of
the Condition of the Wounded, Sick and
Shipwrecked Members of Armed Forces at
Sea of August 12, 1949, in his capacity as Other distinguishing marks:
............................................................................. .............................................................................
Date of issue Number of Card .............................................................................
.............................................................................
.............................................................................
.................................... ................................... .............................................................................
III

GENEVA CONVENTION
RELATIVE TO THE TREATMENT
OF PRISONERS OF WAR OF 12 AUGUST 1949

PART I
General Provisions
Article 1 Respect for the Convention ....................................................... 91
Article 2 Application of the Convention .................................................. 91
Article 3 Conflicts not of an international character ............................... 91
Article 4 Prisoners of war ......................................................................... 92
Article 5 Beginning and end of application ............................................. 94
Article 6 Special agreements..................................................................... 94
Article 7 Non-renunciation of rights........................................................ 94
Article 8 Protecting Powers ...................................................................... 95
Article 9 Activities of the International Committee of the Red Cross .... 95
Article 10 Substitutes for Protecting Powers .............................................. 95
Article 11 Conciliation procedure .............................................................. 96

PART II
General Protection of Prisoners of War
Article 12 Responsibility for the treatment of prisoners ........................... 96
Article 13 Humane treatment of prisoners ................................................ 97
Article 14 Respect for the person of prisoners........................................... 97
Article 15 Maintenance of prisoners .......................................................... 97
Article 16 Equality of treatment ................................................................ 97

PART III
Captivity
SECTION I Beginning of Captivity
Article 17 Questioning of prisoners ........................................................... 98
Article 18 Property of prisoners................................................................. 98
Article 19 Evacuation of prisoners ............................................................. 99
Article 20 Conditions of evacuation. ......................................................... 99

SECTION II Internment of Prisoners of War

CHAPTER I GENERAL OBSERVATIONS


Article 21 Restriction of liberty of movement ........................................... 100
86 CONTENTS

Article 22 Places and conditions of internment......................................... 101


Article 23 Security of prisoners.................................................................. 101
Article 24 Permanent transit camps ........................................................... 101

CHAPTER II QUARTERS, FOOD AND CLOTHING OF PRISONERS OF WAR


Article 25 Quarters ..................................................................................... 102
Article 26 Food ........................................................................................... 102
Article 27 Clothing...................................................................................... 102
Article 28 Canteens..................................................................................... 103

CHAPTER III HYGIENE AND MEDICAL ATTENTION


Article 29 Hygiene ...................................................................................... 103
Article 30 Medical attention ....................................................................... 103
Article 31 Medical inspections ................................................................... 104
Article 32 Prisoners engaged on medical duties ........................................ 104

CHAPTER IV MEDICAL PERSONNEL AND CHAPLAINS RETAINED


TO ASSIST PRISONERS OF WAR
Article 33 Rights and privileges of retained personnel.............................. 105

CHAPTER V RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES


Article 34 Religious duties .......................................................................... 106
Article 35 Retained chaplains ..................................................................... 106
Article 36 Prisoners who are ministers of religion..................................... 106
Article 37 Prisoners without a minister of their religion ........................... 106
Article 38 Recreation, study, sports and games.......................................... 107

CHAPTER VI DISCIPLINE
Article 39 Administration. Saluting............................................................ 107
Article 40 Badges and decorations ............................................................. 107
Article 41 Posting of the Convention, and of regulations
and orders concerning prisoners............................................... 108
Article 42 Use of weapons .......................................................................... 108

CHAPTER VII RANK OF PRISONERS OF WAR


Article 43 Notification of ranks.................................................................. 108
Article 44 Treatment of officers .................................................................. 108
Article 45 Treatment of other prisoners ..................................................... 109

CHAPTER VIII TRANSFER OF PRISONERS OF WAR AFTER THEIR ARRIVAL IN CAMP


Article 46 Conditions.................................................................................. 109
CONTENTS 87

Article 47 Circumstances precluding transfer............................................ 109


Article 48 Procedure for transfer................................................................ 109

SECTION III Labour of Prisoners of War


Article 49 General observations ................................................................. 110
Article 50 Authorized work ........................................................................ 110
Article 51 Working conditions ................................................................... 111
Article 52 Dangerous or humiliating labour .............................................. 111
Article 53 Duration of labour..................................................................... 111
Article 54 Working pay. Occupational accidents and diseases .................. 112
Article 55 Medical supervision................................................................... 112
Article 56 Labour detachments .................................................................. 112
Article 57 Prisoners working for private employers .................................. 112

SECTION IV Financial Resources of Prisoners of War


Article 58 Ready money.............................................................................. 113
Article 59 Amounts in cash taken from prisoners ..................................... 113
Article 60 Advances of pay ......................................................................... 113
Article 61 Supplementary pay .................................................................... 114
Article 62 Working pay............................................................................... 115
Article 63 Transfer of funds........................................................................ 115
Article 64 Prisoners accounts..................................................................... 116
Article 65 Management of prisoners accounts .......................................... 116
Article 66 Winding up of accounts............................................................. 116
Article 67 Adjustments between Parties to the conflict ............................ 117
Article 68 Claims for compensation........................................................... 117

SECTION V Relations of Prisoners of War with the Exterior


Article 69 Notification of measures taken.................................................. 117
Article 70 Capture card .............................................................................. 118
Article 71 Correspondence......................................................................... 118
Article 72 Relief shipments: I. General principles...................................... 119
Article 73 II. Collective relief ..................................................................... 119
Article 74 Exemption from postal and transport charges ......................... 119
Article 75 Special means of transport ........................................................ 120
Article 76 Censorship and examination..................................................... 121
Article 77 Preparation, execution and transmission of legal documents.. 121

SECTION VI Relations between Prisoners of War and the Authorities


CHAPTER I COMPLAINTS OF PRISONERS OF WAR
RESPECTING THE CONDITIONS OF CAPTIVITY
Article 78 Complaints and requests ........................................................... 121
88 CONTENTS

CHAPTER II PRISONER OF WAR REPRESENTATIVES


Article 79 Election ...................................................................................... 122
Article 80 Duties ......................................................................................... 123
Article 81 Prerogatives................................................................................ 123

CHAPTER III PENAL AND DISCIPLINARY SANCTIONS


I. General Provisions
Article 82 Applicable legislation ................................................................. 124
Article 83 Choice of disciplinary or judicial proceedings ......................... 124
Article 84 Courts......................................................................................... 124
Article 85 Offences committed before capture .......................................... 124
Article 86 Non bis in idem ...................................................................... 124
Article 87 Penalties ..................................................................................... 125
Article 88 Execution of penalties................................................................ 125
II. Disciplinary Sanctions
Article 89 General observations: I. Forms of punishment......................... 125
Article 90 II. Duration of punishments...................................................... 126
Article 91 Escapes: I. Successful escape...................................................... 126
Article 92 II. Unsuccessful escape............................................................... 126
Article 93 III. Connected offences.............................................................. 127
Article 94 IV. Notification of recapture ...................................................... 127
Article 95 Procedure: I. Confinement awaiting hearing ............................ 127
Article 96 II. Competent authorities and right of defence ......................... 127
Article 97 Execution of punishment: I. Premises....................................... 128
Article 98 II. Essential safeguards............................................................... 128
III. Judicial Proceedings
Article 99 Essential rules: I. General principles.......................................... 129
Article 100 II. Death penalty ........................................................................ 129
Article 101 III. Delay in execution of the death penalty .............................. 129
Article 102 Procedure: I. Conditions for validity of sentence...................... 129
Article 103 II. Confinement awaiting trial (Deduction from sentence,
treatment) .................................................................................. 130
Article 104 III. Notification of proceedings ................................................. 130
Article 105 IV. Rights and means of defence................................................ 130
Article 106 V. Appeals ................................................................................... 131
Article 107 VI. Notification of findings and sentence ................................. 131
Article 108 Execution of penalties. Penal regulations.................................. 132
CONTENTS 89

PART IV
Termination of Captivity
SECTION I Direct Repatriation and Accommodation in Neutral Countries
Article 109 General observations ................................................................. 133
Article 110 Cases of repatriation and accommodation ............................... 133
Article 111 Internment in a neutral country................................................ 134
Article 112 Mixed Medical Commissions .................................................... 134
Article 113 Prisoners entitled to examination
by Mixed Medical Commissions ............................................... 135
Article 114 Prisoners meeting with accidents .............................................. 135
Article 115 Prisoners serving a sentence...................................................... 135
Article 116 Costs of repatriation .................................................................. 136
Article 117 Activity after repatriation .......................................................... 136

SECTION II Release and Repatriation of Prisoners of War


at the close of Hostilities
Article 118 Release and repatriation ............................................................ 136
Article 119 Details of procedure................................................................... 137

SECTION III Death of Prisoners of War


Article 120 Wills, death certificates, burial, cremation ................................ 137
Article 121 Prisoners killed or injured in special circumstances ................ 138

PART V
Information Bureaux and Relief Societies for Prisoners of War
Article 122 National Bureaux ....................................................................... 139
Article 123 Central Agency........................................................................... 140
Article 124 Exemption from charges............................................................ 141
Article 125 Relief societies and other organizations.................................... 141

PART VI
Execution of the Convention
SECTION I General Provisions
Article 126 Supervision ................................................................................ 142
Article 127 Dissemination of the Convention ............................................. 142
Article 128 Translations. Rules of application.............................................. 143
Article 129 Penal sanctions: I. General observations................................... 143
Article 130 II. Grave breaches....................................................................... 143
Article 131 III. Responsibilities of the Contracting Parties ......................... 143
Article 132 Enquiry procedure..................................................................... 143
90 CONTENTS

SECTION II Final Provisions


Article 133 Languages................................................................................... 144
Article 134 Relation to the 1929 Convention ............................................... 144
Article 135 Relation to the Hague Convention ............................................ 144
Article 136 Signature .................................................................................... 144
Article 137 Ratification................................................................................. 144
Article 138 Coming into force ...................................................................... 145
Article 139 Accession.................................................................................... 145
Article 140 Notification of accessions .......................................................... 145
Article 141 Immediate effect ........................................................................ 145
Article 142 Denunciation ............................................................................. 145
Article 143 Registration with the United Nations........................................ 146

ANNEX I
Model Agreement concerning Direct Repatriation and Accommodation
in Neutral Countries of Wounded and Sick Prisoners of War .......................... 147
I. Principles for direct repatriation and accommodation in neutral countries 147
A. Direct repatriation..................................................................................... 147
B. Accommodation in neutral countries ....................................................... 150
II. General observations ..................................................................................... 150

ANNEX II
Regulations concerning Mixed Medical Commissions ..................................... 152

ANNEX III
Regulations concerning Collective Relief .......................................................... 154

ANNEX IV
A. Identity Card .................................................................................................. 156
B. Capture Card.................................................................................................. 157
C. Correspondence Card and Letter .................................................................. 158
D. Notification of Death ..................................................................................... 160
E. Repatriation Certificate ................................................................................. 161

ANNEX V
Model Regulations concerning Payments sent
by Prisoners to their own Country .................................................................... 162
III
GENEVA CONVENTION
RELATIVE TO THE TREATMENT
OF PRISONERS OF WAR OF 12 AUGUST 1949

PART I

GENERAL PROVISIONS

ARTICLE 1. The High Contracting Parties undertake to respect Respect


and to ensure respect for the present Convention in all for the
Convention1
circumstances.

ART. 2. In addition to the provisions which shall be Application


implemented in peacetime, the present Convention shall apply to all of the
cases of declared war or of any other armed conflict which may arise Convention
between two or more of the High Contracting Parties, even if the
state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total
occupation of the territory of a High Contracting Party, even if the
said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the
present Convention, the Powers who are parties thereto shall remain
bound by it in their mutual relations. They shall furthermore be
bound by the Convention in relation to the said Power, if the latter
accepts and applies the provisions thereof.

ART. 3. In the case of armed conflict not of an international Conflicts


character occurring in the territory of one of the High Contracting not of an
international
Parties, each Party to the conflict shall be bound to apply, as a character
minimum, the following provisions:
1) Persons taking no active part in the hostilities, including
members of armed forces who have laid down their arms and
those placed hors de combat by sickness, wounds, detention, or
any other cause, shall in all circumstances be treated humanely,

1 The marginal notes or titles of articles have been drafted by the Swiss Federal
Department of Foreign Affairs.
92 THIRD GENEVA CONVENTION OF 1949

without any adverse distinction founded on race, colour, religion


or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohib-
ited at any time and in any place whatsoever with respect to
the above-mentioned persons:
a) violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
b) taking of hostages;
c) outrages upon personal dignity, in particular, humiliating
and degrading treatment;
d) the passing of sentences and the carrying out of
executions without previous judgment pronounced by a
regularly constituted court affording all the judicial
guarantees which are recognized as indispensable by
civilized peoples.
2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International
Committee of the Red Cross, may offer its services to the Parties to
the conflict.
The Parties to the conflict should further endeavour to bring into
force, by means of special agreements, all or part of the other
provisions of the present Convention.
The application of the preceding provisions shall not affect the
legal status of the Parties to the conflict.

Prisoners ART. 4. A. Prisoners of war, in the sense of the present


of war Convention, are persons belonging to one of the following
categories, who have fallen into the power of the enemy:
1) Members of the armed forces of a Party to the conflict as well
as members of militias or volunteer corps forming part of
such armed forces.
2) Members of other militias and members of other volunteer
corps, including those of organized resistance movements,
belonging to a Party to the conflict and operating in or
outside their own territory, even if this territory is occupied,
provided that such militias or volunteer corps, including such
organized resistance movements, fulfil the following
conditions:
a) that of being commanded by a person responsible for his
subordinates;
b) that of having a fixed distinctive sign recognizable at a
distance;
PRISONERS OF WAR 93

c) that of carrying arms openly;


d) that of conducting their operations in accordance with the
laws and customs of war.
3) Members of regular armed forces who profess allegiance to a
government or an authority not recognized by the Detaining
Power.
4) Persons who accompany the armed forces without actually
being members thereof, such as civilian members of military
aircraft crews, war correspondents, supply contractors,
members of labour units or of services responsible for the
welfare of the armed forces, provided that they have received
authorization from the armed forces which they accompany,
who shall provide them for that purpose with an identity card
similar to the annexed model.
5) Members of crews, including masters, pilots and apprentices
of the merchant marine and the crews of civil aircraft of the
Parties to the conflict, who do not benefit by more favourable
treatment under any other provisions of international law.
6) Inhabitants of a non-occupied territory who, on the approach
of the enemy, spontaneously take up arms to resist the
invading forces, without having had time to form themselves
into regular armed units, provided they carry arms openly
and respect the laws and customs of war.

B. The following shall likewise be treated as prisoners of war


under the present Convention:
1) Persons belonging, or having belonged, to the armed forces of
the occupied country, if the occupying Power considers it
necessary by reason of such allegiance to intern them, even
though it has originally liberated them while hostilities were
going on outside the territory it occupies, in particular where
such persons have made an unsuccessful attempt to rejoin the
armed forces to which they belong and which are engaged in
combat, or where they fail to comply with a summons made
to them with a view to internment.
2) The persons belonging to one of the categories enumerated in
the present Article, who have been received by neutral or non-
belligerent Powers on their territory and whom these Powers
are required to intern under international law, without
prejudice to any more favourable treatment which these
Powers may choose to give and with the exception of
Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and,
94 THIRD GENEVA CONVENTION OF 1949

where diplomatic relations exist between the Parties to the


conflict and the neutral or non-belligerent Power concerned,
those Articles concerning the Protecting Power. Where such
diplomatic relations exist, the Parties to a conflict on whom
these persons depend shall be allowed to perform towards
them the functions of a Protecting Power as provided in the
present Convention, without prejudice to the functions which
these Parties normally exercise in conformity with diplomatic
and consular usage and treaties.

C. This Article shall in no way affect the status of medical


personnel and chaplains as provided for in Article 33 of the present
Convention.

Beginning ART. 5. The present Convention shall apply to the persons


and end of referred to in Article 4 from the time they fall into the power of the
application
enemy and until their final release and repatriation.
Should any doubt arise as to whether persons having committed
a belligerent act and having fallen into the hands of the enemy
belong to any of the categories enumerated in Article 4, such
persons shall enjoy the protection of the present Convention until
such time as their status has been determined by a competent
tribunal.

Special ART. 6. In addition to the agreements expressly provided for in


agreements Articles 10, 23, 28, 33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122
and 132, the High Contracting Parties may conclude other special
agreements for all matters concerning which they may deem it
suitable to make separate provision. No special agreement shall
adversely affect the situation of prisoners of war, as defined by the
present Convention, nor restrict the rights which it confers upon
them.
Prisoners of war shall continue to have the benefit of such
agreements as long as the Convention is applicable to them, except
where express provisions to the contrary are contained in the
aforesaid or in subsequent agreements, or where more favourable
measures have been taken with regard to them by one or other of
the Parties to the conflict.

Non- ART. 7. Prisoners of war may in no circumstances renounce in


renunciation part or in entirety the rights secured to them by the present
of rights
Convention, and by the special agreements referred to in the
foregoing Article, if such there be.
PRISONERS OF WAR 95

ART. 8. The present Convention shall be applied with the co- Protecting
operation and under the scrutiny of the Protecting Powers whose Powers
duty it is to safeguard the interests of the Parties to the conflict. For
this purpose, the Protecting Powers may appoint, apart from their
diplomatic or consular staff, delegates from amongst their own
nationals or the nationals of other neutral Powers. The said
delegates shall be subject to the approval of the Power with which
they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent
possible the task of the representatives or delegates of the Protecting
Powers.
The representatives or delegates of the Protecting Powers shall
not in any case exceed their mission under the present Convention.
They shall, in particular, take account of the imperative necessities
of security of the State wherein they carry out their duties.

ART. 9. The provisions of the present Convention constitute Activities


no obstacle to the humanitarian activities which the International of the
International
Committee of the Red Cross or any other impartial humanitarian Committee of
organization may, subject to the consent of the Parties to the conflict the Red Cross
concerned, undertake for the protection of prisoners of war and for
their relief.

ART. 10. The High Contracting Parties may at any time agree Substitutes
to entrust to an organization which offers all guarantees of for Protecting
Powers
impartiality and efficacy the duties incumbent on the Protecting
Powers by virtue of the present Convention.
When prisoners of war do not benefit or cease to benefit, no
matter for what reason, by the activities of a Protecting Power or of
an organization provided for in the first paragraph above, the
Detaining Power shall request a neutral State, or such an
organization, to undertake the functions performed under the
present Convention by a Protecting Power designated by the Parties
to a conflict.
If protection cannot be arranged accordingly, the Detaining
Power shall request or shall accept, subject to the provisions of this
Article, the offer of the services of a humanitarian organization,
such as the International Committee of the Red Cross, to assume the
humanitarian functions performed by Protecting Powers under the
present Convention.
Any neutral Power or any organization invited by the Power
concerned or offering itself for these purposes, shall be required to
act with a sense of responsibility towards the Party to the conflict on
which persons protected by the present Convention depend, and
96 THIRD GENEVA CONVENTION OF 1949

shall be required to furnish sufficient assurances that it is in a


position to undertake the appropriate functions and to discharge
them impartially.
No derogation from the preceding provisions shall be made by
special agreements between Powers one of which is restricted, even
temporarily, in its freedom to negotiate with the other Power or its
allies by reason of military events, more particularly where the
whole, or a substantial part, of the territory of the said Power is
occupied.
Whenever in the present Convention mention is made of a
Protecting Power, such mention applies to substitute organizations
in the sense of the present Article.

Conciliation ART. 11. In cases where they deem it advisable in the interest of
procedure protected persons, particularly in cases of disagreement between the
Parties to the conflict as to the application or interpretation of the
provisions of the present Convention, the Protecting Powers shall
lend their good offices with a view to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the
invitation of one Party or on its own initiative, propose to the
Parties to the conflict a meeting of their representatives, and in
particular of the authorities responsible for prisoners of war,
possibly on neutral territory suitably chosen. The Parties to the
conflict shall be bound to give effect to the proposals made to them
for this purpose. The Protecting Powers may, if necessary, propose
for approval by the Parties to the conflict a person belonging to a
neutral Power, or delegated by the International Committee of the
Red Cross, who shall be invited to take part in such a meeting.

PART II

GENERAL PROTECTION OF PRISONERS OF WAR

Responsibility ART. 12. Prisoners of war are in the hands of the enemy Power,
for the but not of the individuals or military units who have captured them.
treatment
of prisoners Irrespective of the individual responsibilities that may exist, the
Detaining Power is responsible for the treatment given them.
Prisoners of war may only be transferred by the Detaining Power
to a Power which is a party to the Convention and after the
Detaining Power has satisfied itself of the willingness and ability of
such transferee Power to apply the Convention. When prisoners of
PRISONERS OF WAR 97

war are transferred under such circumstances, responsibility for the


application of the Convention rests on the Power accepting them
while they are in its custody.
Nevertheless if that Power fails to carry out the provisions of the
Convention in any important respect, the Power by whom the
prisoners of war were transferred shall, upon being notified by the
Protecting Power, take effective measures to correct the situation or
shall request the return of the prisoners of war. Such requests must
be complied with.

ART. 13. Prisoners of war must at all times be humanely Humane


treated. Any unlawful act or omission by the Detaining Power treatment
of prisoners
causing death or seriously endangering the health of a prisoner of
war in its custody is prohibited, and will be regarded as a serious
breach of the present Convention. In particular, no prisoner of war
may be subjected to physical mutilation or to medical or scientific
experiments of any kind which are not justified by the medical,
dental or hospital treatment of the prisoner concerned and carried
out in his interest.
Likewise, prisoners of war must at all times be protected,
particularly against acts of violence or intimidation and against
insults and public curiosity.
Measures of reprisal against prisoners of war are prohibited.

ART. 14. Prisoners of war are entitled in all circumstances to Respect for
respect for their persons and their honour. the person
of prisoners
Women shall be treated with all the regard due to their sex and shall
in all cases benefit by treatment as favourable as that granted to men.
Prisoners of war shall retain the full civil capacity which they
enjoyed at the time of their capture. The Detaining Power may not
restrict the exercise, either within or without its own territory, of the
rights such capacity confers except in so far as the captivity requires.

ART. 15. The Power detaining prisoners of war shall be bound Maintenance
to provide free of charge for their maintenance and for the medical of prisoners
attention required by their state of health.

ART. 16. Taking into consideration the provisions of the present Equality of
Convention relating to rank and sex, and subject to any privileged treatment
treatment which may be accorded to them by reason of their state of
health, age or professional qualifications, all prisoners of war shall be
treated alike by the Detaining Power, without any adverse distinction
based on race, nationality, religious belief or political opinions, or any
other distinction founded on similar criteria.
98 THIRD GENEVA CONVENTION OF 1949

PART III

CAPTIVITY

SECTION I

BEGINNING OF CAPTIVITY

Questioning ART. 17. Every prisoner of war, when questioned on the


of prisoners subject, is bound to give only his surname, first names and rank,
date of birth, and army, regimental, personal or serial number, or
failing this, equivalent information.
If he wilfully infringes this rule, he may render himself liable to a
restriction of the privileges accorded to his rank or status.
Each Party to a conflict is required to furnish the persons under
its jurisdiction who are liable to become prisoners of war, with an
identity card showing the owners surname, first names, rank, army,
regimental, personal or serial number or equivalent information,
and date of birth. The identity card may, furthermore, bear the
signature or the finger-prints, or both, of the owner, and may bear,
as well, any other information the Party to the conflict may wish to
add concerning persons belonging to its armed forces. As far as
possible the card shall measure 6.5 x 10 cm and shall be issued in
duplicate. The identity card shall be shown by the prisoner of war
upon demand, but may in no case be taken away from him.
No physical or mental torture, nor any other form of coercion,
may be inflicted on prisoners of war to secure from them
information of any kind whatever. Prisoners of war who refuse to
answer may not be threatened, insulted, or exposed to any
unpleasant or disadvantageous treatment of any kind.
Prisoners of war who, owing to their physical or mental
condition, are unable to state their identity, shall be handed over to
the medical service. The identity of such prisoners shall be
established by all possible means, subject to the provisions of the
preceding paragraph.
The questioning of prisoners of war shall be carried out in a
language which they understand.

Property of ART. 18. All effects and articles of personal use, except arms,
prisoners horses, military equipment and military documents, shall remain in
the possession of prisoners of war, likewise their metal helmets and
PRISONERS OF WAR 99

gas masks and like articles issued for personal protection. Effects
and articles used for their clothing or feeding shall likewise remain
in their possession, even if such effects and articles belong to their
regulation military equipment.
At no time should prisoners of war be without identity
documents. The Detaining Power shall supply such documents to
prisoners of war who possess none.
Badges of rank and nationality, decorations and articles having
above all a personal or sentimental value may not be taken from
prisoners of war.
Sums of money carried by prisoners of war may not be taken
away from them except by order of an officer, and after the amount
and particulars of the owner have been recorded in a special register
and an itemized receipt has been given, legibly inscribed with the
name, rank and unit of the person issuing the said receipt. Sums in
the currency of the Detaining Power, or which are changed into such
currency at the prisoners request, shall be placed to the credit of the
prisoners account as provided in Article 64.
The Detaining Power may withdraw articles of value from
prisoners of war only for reasons of security; when such articles are
withdrawn, the procedure laid down for sums of money impounded
shall apply.
Such objects, likewise the sums taken away in any currency other
than that of the Detaining Power and the conversion of which has
not been asked for by the owners, shall be kept in the custody of the
Detaining Power and shall be returned in their initial shape to
prisoners of war at the end of their captivity.

ART. 19. Prisoners of war shall be evacuated, as soon as Evacuation


possible after their capture, to camps situated in an area far enough of prisoners
from the combat zone for them to be out of danger.
Only those prisoners of war who, owing to wounds or sickness,
would run greater risks by being evacuated than by remaining
where they are, may be temporarily kept back in a danger zone.
Prisoners of war shall not be unnecessarily exposed to danger
while awaiting evacuation from a fighting zone.

ART. 20. The evacuation of prisoners of war shall always be Conditions of


effected humanely and in conditions similar to those for the forces evacuation
of the Detaining Power in their changes of station.
The Detaining Power shall supply prisoners of war who are being
evacuated with sufficient food and potable water, and with the
necessary clothing and medical attention. The Detaining Power
shall take all suitable precautions to ensure their safety during
100 THIRD GENEVA CONVENTION OF 1949

evacuation, and shall establish as soon as possible a list of the


prisoners of war who are evacuated.
If prisoners of war must, during evacuation, pass through transit
camps, their stay in such camps shall be as brief as possible.

SECTION II

INTERNMENT OF PRISONERS OF WAR

CHAPTER I

General Observations

Restriction of ART. 21. The Detaining Power may subject prisoners of war to
liberty of internment. It may impose on them the obligation of not leaving,
movement
beyond certain limits, the camp where they are interned, or if the
said camp is fenced in, of not going outside its perimeter. Subject to
the provisions of the present Convention relative to penal and
disciplinary sanctions, prisoners of war may not be held in close
confinement except where necessary to safeguard their health and
then only during the continuation of the circumstances which make
such confinement necessary.
Prisoners of war may be partially or wholly released on parole or
promise, in so far as is allowed by the laws of the Power on which
they depend. Such measures shall be taken particularly in cases
where this may contribute to the improvement of their state of
health. No prisoner of war shall be compelled to accept liberty on
parole or promise.
Upon the outbreak of hostilities, each Party to the conflict shall
notify the adverse Party of the laws and regulations allowing or
forbidding its own nationals to accept liberty on parole or promise.
Prisoners of war who are paroled or who have given their promise
in conformity with the laws and regulations so notified, are bound
on their personal honour scrupulously to fulfil, both towards the
Power on which they depend and towards the Power which has
captured them, the engagements of their paroles or promises. In
such cases, the Power on which they depend is bound neither to
require nor to accept from them any service incompatible with the
parole or promise given.
PRISONERS OF WAR 101

ART. 22. Prisoners of war may be interned only in premises Places and
located on land and affording every guarantee of hygiene and conditions of
internment
healthfulness. Except in particular cases which are justified by the
interest of the prisoners themselves, they shall not be interned in
penitentiaries.
Prisoners of war interned in unhealthy areas, or where the
climate is injurious for them, shall be removed as soon as possible to
a more favourable climate.
The Detaining Power shall assemble prisoners of war in camps or
camp compounds according to their nationality, language and
customs, provided that such prisoners shall not be separated from
prisoners of war belonging to the armed forces with which they
were serving at the time of their capture, except with their consent.

ART. 23. No prisoner of war may at any time be sent to, or Security of
detained in areas where he may be exposed to the fire of the combat prisoners
zone, nor may his presence be used to render certain points or areas
immune from military operations.
Prisoners of war shall have shelters against air bombardment and
other hazards of war, to the same extent as the local civilian
population. With the exception of those engaged in the protection
of their quarters against the aforesaid hazards, they may enter such
shelters as soon as possible after the giving of the alarm. Any other
protective measure taken in favour of the population shall also
apply to them.
Detaining Powers shall give the Powers concerned, through the
intermediary of the Protecting Powers, all useful information
regarding the geographical location of prisoner of war camps.
Whenever military considerations permit, prisoner of war camps
shall be indicated in the day-time by the letters PW or PG, placed so
as to be clearly visible from the air. The Powers concerned may,
however, agree upon any other system of marking. Only prisoner of
war camps shall be marked as such.

ART. 24. Transit or screening camps of a permanent kind shall Permanent


be fitted out under conditions similar to those described in the transit camps
present Section, and the prisoners therein shall have the same
treatment as in other camps.
102 THIRD GENEVA CONVENTION OF 1949

CHAPTER II

Quarters, Food and Clothing of Prisoners of War

Quarters ART. 25. Prisoners of war shall be quartered under conditions


as favourable as those for the forces of the Detaining Power who are
billeted in the same area. The said conditions shall make allowance
for the habits and customs of the prisoners and shall in no case be
prejudicial to their health.
The foregoing provisions shall apply in particular to the
dormitories of prisoners of war as regards both total surface and
minimum cubic space, and the general installations, bedding and
blankets.
The premises provided for the use of prisoners of war
individually or collectively, shall be entirely protected from
dampness and adequately heated and lighted, in particular between
dusk and lights out. All precautions must be taken against the
danger of fire.
In any camps in which women prisoners of war, as well as men,
are accommodated, separate dormitories shall be provided for them.

Food ART. 26. The basic daily food rations shall be sufficient in
quantity, quality and variety to keep prisoners of war in good health
and to prevent loss of weight or the development of nutritional
deficiencies. Account shall also be taken of the habitual diet of the
prisoners.
The Detaining Power shall supply prisoners of war who work
with such additional rations as are necessary for the labour on
which they are employed.
Sufficient drinking water shall be supplied to prisoners of war.
The use of tobacco shall be permitted.
Prisoners of war shall, as far as possible, be associated with the
preparation of their meals; they may be employed for that purpose
in the kitchens. Furthermore, they shall be given the means of
preparing, themselves, the additional food in their possession.
Adequate premises shall be provided for messing.
Collective disciplinary measures affecting food are prohibited.

Clothing ART. 27. Clothing, underwear and footwear shall be supplied


to prisoners of war in sufficient quantities by the Detaining Power,
which shall make allowance for the climate of the region where the
prisoners are detained. Uniforms of enemy armed forces captured
by the Detaining Power should, if suitable for the climate, be made
available to clothe prisoners of war.
PRISONERS OF WAR 103

The regular replacement and repair of the above articles shall be


assured by the Detaining Power. In addition, prisoners of war who
work shall receive appropriate clothing, wherever the nature of the
work demands.

ART. 28. Canteens shall be installed in all camps, where Canteens


prisoners of war may procure foodstuffs, soap and tobacco and
ordinary articles in daily use. The tariff shall never be in excess of
local market prices.
The profits made by camp canteens shall be used for the benefit
of the prisoners; a special fund shall be created for this purpose. The
prisoners representative shall have the right to collaborate in the
management of the canteen and of this fund.
When a camp is closed down, the credit balance of the special
fund shall be handed to an international welfare organization, to be
employed for the benefit of prisoners of war of the same nationality
as those who have contributed to the fund. In case of a general
repatriation, such profits shall be kept by the Detaining Power,
subject to any agreement to the contrary between the Powers
concerned.

CHAPTER III

Hygiene and Medical Attention

ART. 29. The Detaining Power shall be bound to take all Hygiene
sanitary measures necessary to ensure the cleanliness and
healthfulness of camps, and to prevent epidemics.
Prisoners of war shall have for their use, day and night,
conveniences which conform to the rules of hygiene and are
maintained in a constant state of cleanliness. In any camps in which
women prisoners of war are accommodated, separate conveniences
shall be provided for them.
Also, apart from the baths and showers with which the camps
shall be furnished, prisoners of war shall be provided with sufficient
water and soap for their personal toilet and for washing their
personal laundry; the necessary installations, facilities and time
shall be granted them for that purpose.

ART. 30. Every camp shall have an adequate infirmary where Medical
prisoners of war may have the attention they require, as well as attention
104 THIRD GENEVA CONVENTION OF 1949

appropriate diet. Isolation wards shall, if necessary, be set aside for


cases of contagious or mental disease.
Prisoners of war suffering from serious disease, or whose
condition necessitates special treatment, a surgical operation or
hospital care, must be admitted to any military or civilian medical
unit where such treatment can be given, even if their repatriation is
contemplated in the near future. Special facilities shall be afforded
for the care to be given to the disabled, in particular to the blind, and
for their rehabilitation, pending repatriation.
Prisoners of war shall have the attention, preferably, of medical
personnel of the Power on which they depend and, if possible, of
their nationality.
Prisoners of war may not be prevented from presenting
themselves to the medical authorities for examination. The
detaining authorities shall, upon request, issue to every prisoner
who has undergone treatment, an official certificate indicating the
nature of his illness or injury, and the duration and kind of
treatment received. A duplicate of this certificate shall be forwarded
to the Central Prisoners of War Agency
The costs of treatment, including those of any apparatus
necessary for the maintenance of prisoners of war in good health,
particularly dentures and other artificial appliances, and spectacles,
shall be borne by the Detaining Power.

Medical ART. 31. Medical inspections of prisoners of war shall be held


inspections at least once a month. They shall include the checking and the
recording of the weight of each prisoner of war. Their purpose shall
be, in particular, to supervise the general state of health, nutrition
and cleanliness of prisoners and to detect contagious diseases,
especially tuberculosis, malaria and venereal disease. For this
purpose the most efficient methods available shall be employed,
e.g. periodic mass miniature radiography for the early detection of
tuberculosis.

Prisoners ART. 32. Prisoners of war who, though not attached to the
engaged medical service of their armed forces, are physicians, surgeons,
on medical
duties dentists, nurses or medical orderlies, may be required by the
Detaining Power to exercise their medical functions in the interests
of prisoners of war dependent on the same Power. In that case they
shall continue to be prisoners of war, but shall receive the same
treatment as corresponding medical personnel retained by the
Detaining Power. They shall be exempted from any other work
under Article 49.
PRISONERS OF WAR 105

CHAPTER IV

Medical Personnel and Chaplains Retained


to Assist Prisoners of War

ART. 33. Members of the medical personnel and chaplains Rights and
while retained by the Detaining Power with a view to assisting privileges of
prisoners of war, shall not be considered as prisoners of war. They retained
personnel
shall, however, receive as a minimum the benefits and protection of
the present Convention, and shall also be granted all facilities
necessary to provide for the medical care of, and religious
ministration to prisoners of war.
They shall continue to exercise their medical and spiritual
functions for the benefit of prisoners of war, preferably those
belonging to the armed forces upon which they depend, within the
scope of the military laws and regulations of the Detaining Power
and under the control of its competent services, in accordance with
their professional etiquette. They shall also benefit by the following
facilities in the exercise of their medical or spiritual functions:
a) They shall be authorized to visit periodically prisoners of war
situated in working detachments or in hospitals outside the
camp. For this purpose, the Detaining Power shall place at
their disposal the necessary means of transport.
b) The senior medical officer in each camp shall be responsible
to the camp military authorities for everything connected
with the activities of retained medical personnel. For this
purpose, Parties to the conflict shall agree at the outbreak of
hostilities on the subject of the corresponding ranks of the
medical personnel, including that of societies mentioned in
Article 26 of the Geneva Convention for the Amelioration of
the Condition of the Wounded and Sick in Armed Forces in
the Field of August 12, 1949. This senior medical officer, as
well as chaplains, shall have the right to deal with the
competent authorities of the camp on all questions relating to
their duties. Such authorities shall afford them all necessary
facilities for correspondence relating to these questions.
c) Although they shall be subject to the internal discipline of the
camp in which they are retained, such personnel may not be
compelled to carry out any work other than that concerned
with their medical or religious duties.
During hostilities, the Parties to the conflict shall agree
concerning the possible relief of retained personnel and shall settle
the procedure to be followed.
106 THIRD GENEVA CONVENTION OF 1949

None of the preceding provisions shall relieve the Detaining


Power of its obligations with regard to prisoners of war from the
medical or spiritual point of view.

CHAPTER V

Religious, Intellectual and Physical Activities

Religious ART. 34. Prisoners of war shall enjoy complete latitude in the
duties exercise of their religious duties, including attendance at the service
of their faith, on condition that they comply with the disciplinary
routine prescribed by the military authorities.
Adequate premises shall be provided where religious services
may be held.

Retained ART. 35. Chaplains who fall into the hands of the enemy Power
chaplains and who remain or are retained with a view to assisting prisoners of
war, shall be allowed to minister to them and to exercise freely their
ministry amongst prisoners of war of the same religion, in
accordance with their religious conscience. They shall be allocated
among the various camps and labour detachments containing
prisoners of war belonging to the same forces, speaking the same
language or practising the same religion. They shall enjoy the
necessary facilities, including the means of transport provided for
in Article 33, for visiting the prisoners of war outside their camp.
They shall be free to correspond, subject to censorship, on matters
concerning their religious duties with the ecclesiastical authorities
in the country of detention and with international religious
organizations. Letters and cards which they may send for this
purpose shall be in addition to the quota provided for in Article 71.

Prisoners ART. 36. Prisoners of war who are ministers of religion,


who are without having officiated as chaplains to their own forces, shall be at
ministers of
religion liberty, whatever their denomination, to minister freely to the
members of their community. For this purpose, they shall receive
the same treatment as the chaplains retained by the Detaining
Power. They shall not be obliged to do any other work.

Prisoners ART. 37. When prisoners of war have not the assistance of a
without a retained chaplain or of a prisoner of war minister of their faith, a
minister of
their religion minister belonging to the prisoners or a similar denomination, or in
PRISONERS OF WAR 107

his absence a qualified layman, if such a course is feasible from a


confessional point of view, shall be appointed, at the request of the
prisoners concerned, to fill this office. This appointment, subject to
the approval of the Detaining Power, shall take place with the
agreement of the community of prisoners concerned and, wherever
necessary, with the approval of the local religious authorities of the
same faith. The person thus appointed shall comply with all
regulations established by the Detaining Power in the interests of
discipline and military security.

ART. 38. While respecting the individual preferences of every Recreation,


prisoner, the Detaining Power shall encourage the practice of study, sports
and games
intellectual, educational, and recreational pursuits, sports and
games amongst prisoners, and shall take the measures necessary to
ensure the exercise thereof by providing them with adequate
premises and necessary equipment.
Prisoners shall have opportunities for taking physical exercise,
including sports and games and for being out of doors. Sufficient
open spaces shall be provided for this purpose in all camps.

CHAPTER VI

Discipline

ART. 39. Every prisoner of war camp shall be put under the Administra-
immediate authority of a responsible commissioned officer tion. Saluting
belonging to the regular armed forces of the Detaining Power. Such
officer shall have in his possession a copy of the present Convention;
he shall ensure that its provisions are known to the camp staff and
the guard and shall be responsible, under the direction of his
government, for its application.
Prisoners of war, with the exception of officers, must salute and
show to all officers of the Detaining Power the external marks of
respect provided for by the regulations applying in their own forces.
Officer prisoners of war are bound to salute only officers of a
higher rank of the Detaining Power; they must, however, salute the
camp commander regardless of his rank.

ART. 40. The wearing of badges of rank and nationality, as well Badges and
as of decorations, shall be permitted. decorations
108 THIRD GENEVA CONVENTION OF 1949

Posting of the ART. 41. In every camp the text of the present Convention and
Convention, its Annexes and the contents of any special agreement provided for
and of
regulations in Article 6, shall be posted, in the prisoners own language, at places
and orders where all may read them. Copies shall be supplied, on request, to the
concerning prisoners who cannot have access to the copy which has been
prisoners
posted.
Regulations, orders, notices and publications of every kind
relating to the conduct of prisoners of war shall be issued to them in
a language which they understand. Such regulations, orders and
publications shall be posted in the manner described above and
copies shall be handed to the prisoners representative. Every order
and command addressed to prisoners of war individually must
likewise be given in a language which they understand.

Use of ART. 42. The use of weapons against prisoners of war,


weapons especially against those who are escaping or attempting to escape,
shall constitute an extreme measure, which shall always be preceded
by warnings appropriate to the circumstances.

CHAPTER VII

Rank of Prisoners of War

Notification ART. 43. Upon the outbreak of hostilities, the Parties to the
of ranks conflict shall communicate to one another the titles and ranks of all
the persons mentioned in Article 4 of the present Convention, in
order to ensure equality of treatment between prisoners of
equivalent rank. Titles and ranks which are subsequently created
shall form the subject of similar communications.
The Detaining Power shall recognize promotions in rank which
have been accorded to prisoners of war and which have been duly
notified by the Power on which these prisoners depend.

Treatment of ART. 44. Officers and prisoners of equivalent status shall be


officers treated with the regard due to their rank and age.
In order to ensure service in officers camps, other ranks of the
same armed forces who, as far as possible, speak the same language,
shall be assigned in sufficient numbers, account being taken of the
rank of officers and prisoners of equivalent status. Such orderlies
shall not be required to perform any other work.
PRISONERS OF WAR 109

Supervision of the mess by the officers themselves shall be


facilitated in every way.

ART. 45. Prisoners of war other than officers and prisoners of Treatment
equivalent status shall be treated with the regard due to their rank of other
prisoners
and age.
Supervision of the mess by the prisoners themselves shall be
facilitated in every way.

CHAPTER VIII

Transfer of Prisoners of War after their Arrival in Camp

ART. 46. The Detaining Power, when deciding upon the Conditions
transfer of prisoners of war, shall take into account the interests of
the prisoners themselves, more especially so as not to increase the
difficulty of their repatriation.
The transfer of prisoners of war shall always be effected
humanely and in conditions not less favourable than those under
which the forces of the Detaining Power are transferred. Account
shall always be taken of the climatic conditions to which the
prisoners of war are accustomed and the conditions of transfer shall
in no case be prejudicial to their health.
The Detaining Power shall supply prisoners of war during
transfer with sufficient food and drinking water to keep them in
good health, likewise with the necessary clothing, shelter and
medical attention. The Detaining Power shall take adequate
precautions especially in case of transport by sea or by air, to ensure
their safety during transfer, and shall draw up a complete list of all
transferred prisoners before their departure.

ART. 47. Sick or wounded prisoners of war shall not be Circumstances


transferred as long as their recovery may be endangered by the precluding
transfer
journey, unless their safety imperatively demands it.
If the combat zone draws closer to a camp, the prisoners of war in
the said camp shall not be transferred unless their transfer can be
carried out in adequate conditions of safety, or if they are exposed
to greater risks by remaining on the spot than by being transferred.

ART. 48. In the event of transfer, prisoners of war shall be Procedure for
officially advised of their departure and of their new postal address. transfer
110 THIRD GENEVA CONVENTION OF 1949

Such notifications shall be given in time for them to pack their


luggage and inform their next of kin.
They shall be allowed to take with them their personal effects,
and the correspondence and parcels which have arrived for them.
The weight of such baggage may be limited, if the conditions of
transfer so require, to what each prisoner can reasonably carry,
which shall in no case be more than twenty-five kilograms per head.
Mail and parcels addressed to their former camp shall be
forwarded to them without delay. The camp commander shall take,
in agreement with the prisoners representative, any measures
needed to ensure the transport of the prisoners community
property and of the luggage they are unable to take with them in
consequence of restrictions imposed by virtue of the second
paragraph of this Article.
The costs of transfers shall be borne by the Detaining Power.

SECTION III

LABOUR OF PRISONERS OF WAR

General ART. 49. The Detaining Power may utilize the labour of
observations prisoners of war who are physically fit, taking into account their age,
sex, rank and physical aptitude, and with a view particularly to
maintaining them in a good state of physical and mental health.
Non-commissioned officers who are prisoners of war shall only be
required to do supervisory work. Those not so required may ask for
other suitable work which shall, so far as possible, be found for them.
If officers or persons of equivalent status ask for suitable work, it
shall be found for them, so far as possible, but they may in no
circumstances be compelled to work.

Authorized ART. 50. Besides work connected with camp administration,


work installation or maintenance, prisoners of war may be compelled to
do only such work as is included in the following classes:
a) agriculture;
b) industries connected with the production or the extraction of
raw materials, and manufacturing industries, with the
exception of metallurgical, machinery and chemical
industries; public works and building operations which have
no military character or purpose;
PRISONERS OF WAR 111

c) transport and handling of stores which are not military in


character or purpose;
d) commercial business, and arts and crafts;
e) domestic service;
f) public utility services having no military character or purpose.
Should the above provisions be infringed, prisoners of war shall
be allowed to exercise their right of complaint, in conformity with
Article 78.

ART. 51. Prisoners of war must be granted suitable working Working


conditions, especially as regards accommodation, food, clothing conditions
and equipment; such conditions shall not be inferior to those
enjoyed by nationals of the Detaining Power employed in similar
work; account shall also be taken of climatic conditions.
The Detaining Power, in utilizing the labour of prisoners of war,
shall ensure that in areas in which prisoners are employed, the
national legislation concerning the protection of labour, and, more
particularly, the regulations for the safety of workers, are duly applied.
Prisoners of war shall receive training and be provided with the
means of protection suitable to the work they will have to do and
similar to those accorded to the nationals of the Detaining Power.
Subject to the provisions of Article 52, prisoners may be submitted
to the normal risks run by these civilian workers.
Conditions of labour shall in no case be rendered more arduous
by disciplinary measures.

ART. 52. Unless he be a volunteer, no prisoner of war may be Dangerous


employed on labour which is of an unhealthy or dangerous nature. or
humiliating
No prisoner of war shall be assigned to labour which would be labour
looked upon as humiliating for a member of the Detaining Powers
own forces.
The removal of mines or similar devices shall be considered as
dangerous labour.

ART. 53. The duration of the daily labour of prisoners of war, Duration
including the time of the journey to and from, shall not be excessive, of labour
and must in no case exceed that permitted for civilian workers in the
district, who are nationals of the Detaining Power and employed on
the same work.
Prisoners of war must be allowed, in the middle of the days work,
a rest of not less than one hour. This rest will be the same as that to
which workers of the Detaining Power are entitled, if the latter is of
longer duration. They shall be allowed in addition a rest of
112 THIRD GENEVA CONVENTION OF 1949

twenty-four consecutive hours every week, preferably on Sunday or


the day of rest in their country of origin. Furthermore, every
prisoner who has worked for one year shall be granted a rest of eight
consecutive days, during which his working pay shall be paid him.
If methods of labour such as piece work are employed, the length
of the working period shall not be rendered excessive thereby.

Working pay. ART. 54. The working pay due to prisoners of war shall be
Occupational fixed in accordance with the provisions of Article 62 of the present
accidents
and diseases Convention.
Prisoners of war who sustain accidents in connection with work,
or who contract a disease in the course, or in consequence of their
work, shall receive all the care their condition may require. The
Detaining Power shall furthermore deliver to such prisoners of war
a medical certificate enabling them to submit their claims to the
Power on which they depend, and shall send a duplicate to the
Central Prisoners of War Agency provided for in Article 123.

Medical ART. 55. The fitness of prisoners of war for work shall be
supervision periodically verified by medical examinations at least once a month.
The examinations shall have particular regard to the nature of the
work which prisoners of war are required to do.
If any prisoner of war considers himself incapable of working, he
shall be permitted to appear before the medical authorities of his
camp. Physicians or surgeons may recommend that the prisoners
who are, in their opinion, unfit for work, be exempted therefrom.

Labour ART. 56. The organization and administration of labour


detachments detachments shall be similar to those of prisoner of war camps.
Every labour detachment shall remain under the control of and
administratively part of a prisoner of war camp. The military
authorities and the commander of the said camp shall be responsible,
under the direction of their government, for the observance of the
provisions of the present Convention in labour detachments.
The camp commander shall keep an up-to-date record of the
labour detachments dependent on his camp, and shall
communicate it to the delegates of the Protecting Power, of the
International Committee of the Red Cross, or of other agencies
giving relief to prisoners of war, who may visit the camp.

Prisoners ART. 57. The treatment of prisoners of war who work for
working for private persons, even if the latter are responsible for guarding and
private
employers protecting them, shall not be inferior to that which is provided for
by the present Convention. The Detaining Power, the military
PRISONERS OF WAR 113

authorities and the commander of the camp to which such


prisoners belong shall be entirely responsible for the maintenance,
care, treatment, and payment of the working pay of such prisoners
of war.
Such prisoners of war shall have the right to remain in
communication with the prisoners representatives in the camps on
which they depend.

SECTION IV

FINANCIAL RESOURCES OF PRISONERS OF WAR

ART. 58. Upon the outbreak of hostilities, and pending an Ready money
arrangement on this matter with the Protecting Power, the
Detaining Power may determine the maximum amount of money
in cash or in any similar form, that prisoners may have in their
possession. Any amount in excess, which was properly in their
possession and which has been taken or withheld from them, shall
be placed to their account, together with any monies deposited by
them, and shall not be converted into any other currency without
their consent.
If prisoners of war are permitted to purchase services or
commodities outside the camp against payment in cash, such
payments shall be made by the prisoner himself or by the camp
administration who will charge them to the accounts of the
prisoners concerned. The Detaining Power will establish the
necessary rules in this respect.

ART. 59. Cash which was taken from prisoners of war, in Amounts in
accordance with Article 18, at the time of their capture, and which is cash taken
from
in the currency of the Detaining Power, shall be placed to their prisoners
separate accounts, in accordance with the provisions of Article 64 of
the present Section.
The amounts, in the currency of the Detaining Power, due to the
conversion of sums in other currencies that are taken from the
prisoners of war at the same time, shall also be credited to their
separate accounts.

ART. 60. The Detaining Power shall grant all prisoners of war Advances
a monthly advance of pay, the amount of which shall be fixed by of pay
114 THIRD GENEVA CONVENTION OF 1949

conversion, into the currency of the said Power, of the following


amounts:
Category I : Prisoners ranking below sergeants: eight Swiss
francs.
Category II : Sergeants and other non-commissioned officers,
or prisoners of equivalent rank: twelve Swiss
francs.
Category III : Warrant officers and commissioned officers below
the rank of major or prisoners of equivalent rank:
fifty Swiss francs.
Category IV : Majors, lieutenant-colonels, colonels or prisoners
of equivalent rank: sixty Swiss francs.
Category V : General officers or prisoners of war of equivalent
rank: seventy-five Swiss francs.
However, the Parties to the conflict concerned may by special
agreement modify the amount of advances of pay due to prisoners
of the preceding categories.
Furthermore, if the amounts indicated in the first paragraph
above would be unduly high compared with the pay of the
Detaining Powers armed forces or would, for any reason, seriously
embarrass the Detaining Power, then, pending the conclusion of a
special agreement with the Power on which the prisoners depend to
vary the amounts indicated above, the Detaining Power:
a) shall continue to credit the accounts of the prisoners with the
amounts indicated in the first paragraph above;
b) may temporarily limit the amount made available from these
advances of pay to prisoners of war for their own use, to sums
which are reasonable, but which, for Category I, shall never be
inferior to the amount that the Detaining Power gives to the
members of its own armed forces.
The reasons for any limitations will be given without delay to the
Protecting Power.

Supplemen- ART. 61. The Detaining Power shall accept for distribution as
tary pay supplementary pay to prisoners of war sums which the Power on
which the prisoners depend may forward to them, on condition that
the sums to be paid shall be the same for each prisoner of the same
category, shall be payable to all prisoners of that category depending
on that Power, and shall be placed in their separate accounts, at the
earliest opportunity, in accordance with the provisions of Article 64.
Such supplementary pay shall not relieve the Detaining Power of
any obligation under this Convention.
PRISONERS OF WAR 115

ART. 62. Prisoners of war shall be paid a fair working rate of Working pay
pay by the detaining authorities direct. The rate shall be fixed by the
said authorities, but shall at no time be less than one-fourth of one
Swiss franc for a full working day. The Detaining Power shall inform
prisoners of war, as well as the Power on which they depend,
through the intermediary of the Protecting Power, of the rate of
daily working pay that it has fixed.
Working pay shall likewise be paid by the detaining authorities to
prisoners of war permanently detailed to duties or to a skilled or
semi-skilled occupation in connection with the administration,
installation or maintenance of camps, and to the prisoners who are
required to carry out spiritual or medical duties on behalf of their
comrades.
The working pay of the prisoners representative, of his advisers,
if any, and of his assistants, shall be paid out of the fund maintained
by canteen profits. The scale of this working pay shall be fixed by the
prisoners representative and approved by the camp commander. If
there is no such fund, the detaining authorities shall pay these
prisoners a fair working rate of pay.

ART. 63. Prisoners of war shall be permitted to receive Transfer


remittances of money addressed to them individually or collectively. of funds
Every prisoner of war shall have at his disposal the credit balance
of his account as provided for in the following Article, within the
limits fixed by the Detaining Power, which shall make such
payments as are requested. Subject to financial or monetary
restrictions which the Detaining Power regards as essential,
prisoners of war may also have payments made abroad. In this case
payments addressed by prisoners of war to dependents shall be
given priority.
In any event, and subject to the consent of the Power on which they
depend, prisoners may have payments made in their own country, as
follows: the Detaining Power shall send to the aforesaid Power
through the Protecting Power, a notification giving all the necessary
particulars concerning the prisoners of war, the beneficiaries of the
payments, and the amount of the sums to be paid, expressed in the
Detaining Powers currency. The said notification shall be signed by
the prisoners and countersigned by the camp commander. The
Detaining Power shall debit the prisoners account by a
corresponding amount; the sums thus debited shall be placed by it to
the credit of the Power on which the prisoners depend.
To apply the foregoing provisions, the Detaining Power may
usefully consult the Model Regulations in Annex V of the present
Convention.
116 THIRD GENEVA CONVENTION OF 1949

Prisoners ART. 64. The Detaining Power shall hold an account for each
accounts prisoner of war, showing at least the following:
1) The amounts due to the prisoner or received by him as
advances of pay, as working pay or derived from any other
source; the sums in the currency of the Detaining Power
which were taken from him; the sums taken from him and
converted at his request into the currency of the said Power.
2) The payments made to the prisoner in cash, or in any other
similar form; the payments made on his behalf and at his
request; the sums transferred under Article 63, third paragraph.

Management ART. 65. Every item entered in the account of a prisoner of war
of prisoners shall be countersigned or initialled by him, or by the prisoners
accounts
representative acting on his behalf.
Prisoners of war shall at all times be afforded reasonable facilities
for consulting and obtaining copies of their accounts, which may
likewise be inspected by the representatives of the Protecting
Powers at the time of visits to the camp.
When prisoners of war are transferred from one camp to
another, their personal accounts will follow them. In case of transfer
from one Detaining Power to another, the monies which are their
property and are not in the currency of the Detaining Power will
follow them. They shall be given certificates for any other monies
standing to the credit of their accounts.
The Parties to the conflict concerned may agree to notify to each
other at specific intervals through the Protecting Power, the amount
of the accounts of the prisoners of war.

Winding up ART. 66. On the termination of captivity, through the release


of accounts of a prisoner of war or his repatriation, the Detaining Power shall
give him a statement, signed by an authorized officer of that Power,
showing the credit balance then due to him. The Detaining Power
shall also send through the Protecting Power to the government
upon which the prisoner of war depends, lists giving all appropriate
particulars of all prisoners of war whose captivity has been
terminated by repatriation, release, escape, death or any other
means, and showing the amount of their credit balances. Such lists
shall be certified on each sheet by an authorized representative of
the Detaining Power.
Any of the above provisions of this Article may be varied by
mutual agreement between any two Parties to the conflict.
The Power on which the prisoner of war depends shall be
responsible for settling with him any credit balance due to him from
the Detaining Power on the termination of his captivity.
PRISONERS OF WAR 117

ART. 67. Advances of pay, issued to prisoners of war in Adjustments


conformity with Article 60, shall be considered as made on behalf of between
Parties to the
the Power on which they depend. Such advances of pay, as well as all conflict
payments made by the said Power under Article 63, third
paragraph, and Article 68, shall form the subject of arrangements
between the Powers concerned, at the close of hostilities.

ART. 68. Any claim by a prisoner of war for compensation in Claims for
respect of any injury or other disability arising out of work shall be compensation
referred to the Power on which he depends, through the Protecting
Power. In accordance with Article 54, the Detaining Power will, in all
cases, provide the prisoner of war concerned with a statement
showing the nature of the injury or disability, the circumstances in
which it arose and particulars of medical or hospital treatment
given for it. This statement will be signed by a responsible officer of
the Detaining Power and the medical particulars certified by a
medical officer.
Any claim by a prisoner of war for compensation in respect of
personal effects, monies or valuables impounded by the Detaining
Power under Article 18 and not forthcoming on his repatriation, or
in respect of loss alleged to be due to the fault of the Detaining
Power or any of its servants, shall likewise be referred to the Power
on which he depends. Nevertheless, any such personal effects
required for use by the prisoners of war whilst in captivity shall be
replaced at the expense of the Detaining Power. The Detaining
Power will, in all cases, provide the prisoner of war with a statement,
signed by a responsible officer, showing all available information
regarding the reasons why such effects, monies or valuables have not
been restored to him. A copy of this statement will be forwarded to
the Power on which he depends through the Central Prisoners of
War Agency provided for in Article 123.

SECTION V

RELATIONS OF PRISONERS OF WAR


WITH THE EXTERIOR

ART. 69. Immediately upon prisoners of war falling into its Notification
power, the Detaining Power shall inform them and the Powers on of measures
taken
which they depend, through the Protecting Power, of the measures
taken to carry out the provisions of the present Section. They shall
118 THIRD GENEVA CONVENTION OF 1949

likewise inform the parties concerned of any subsequent


modifications of such measures.

Capture card ART. 70. Immediately upon capture, or not more than one
week after arrival at a camp, even if it is a transit camp, likewise in
case of sickness or transfer to hospital or another camp, every
prisoner of war shall be enabled to write direct to his family, on the
one hand, and to the Central Prisoners of War Agency provided for
in Article 123, on the other hand, a card similar, if possible, to the
model annexed to the present Convention, informing his relatives of
his capture, address and state of health. The said cards shall be
forwarded as rapidly as possible and may not be delayed in any
manner.

Correspon- ART. 71. Prisoners of war shall be allowed to send and receive
dence letters and cards. If the Detaining Power deems it necessary to limit
the number of letters and cards sent by each prisoner of war, the
said number shall not be less than two letters and four cards
monthly, exclusive of the capture cards provided for in Article 70,
and conforming as closely as possible to the models annexed to the
present Convention. Further limitations may be imposed only if the
Protecting Power is satisfied that it would be in the interests of the
prisoners of war concerned to do so owing to difficulties of
translation caused by the Detaining Powers inability to find
sufficient qualified linguists to carry out the necessary censorship. If
limitations must be placed on the correspondence addressed to
prisoners of war, they may be ordered only by the Power on which
the prisoners depend, possibly at the request of the Detaining
Power. Such letters and cards must be conveyed by the most rapid
method at the disposal of the Detaining Power; they may not be
delayed or retained for disciplinary reasons.
Prisoners of war who have been without news for a long period, or
who are unable to receive news from their next of kin or to give them
news by the ordinary postal route, as well as those who are at a great
distance from their homes, shall be permitted to send telegrams, the
fees being charged against the prisoners of wars accounts with the
Detaining Power or paid in the currency at their disposal. They shall
likewise benefit by this measure in cases of urgency.
As a general rule, the correspondence of prisoners of war shall be
written in their native language. The Parties to the conflict may
allow correspondence in other languages.
Sacks containing prisoner of war mail must be securely sealed
and labelled so as clearly to indicate their contents, and must be
addressed to offices of destination.
PRISONERS OF WAR 119

ART. 72. Prisoners of war shall be allowed to receive by post or Relief


by any other means individual parcels or collective shipments shipments
containing, in particular, foodstuffs, clothing, medical supplies and I.
articles of a religious, educational or recreational character which General
may meet their needs, including books, devotional articles scientific principles
equipment, examination papers, musical instruments, sports outfits
and materials allowing prisoners of war to pursue their studies or
their cultural activities.
Such shipments shall in no way free the Detaining Power from
the obligations imposed upon it by virtue of the present
Convention.
The only limits which may be placed on these shipments shall be
those proposed by the Protecting Power in the interest of the
prisoners themselves, or by the International Committee of the Red
Cross or any other organization giving assistance to the prisoners,
in respect of their own shipments only, on account of exceptional
strain on transport or communications.
The conditions for the sending of individual parcels and
collective relief shall, if necessary, be the subject of special
agreements between the Powers concerned, which may in no case
delay the receipt by the prisoners of relief supplies. Books may not
be included in parcels of clothing and foodstuffs. Medical supplies
shall, as a rule, be sent in collective parcels.

ART. 73. In the absence of special agreements between the II.


Powers concerned on the conditions for the receipt and distribution Collective
relief
of collective relief shipments, the rules and regulations concerning
collective shipments, which are annexed to the present Convention,
shall be applied.
The special agreements referred to above shall in no case restrict
the right of prisoners representatives to take possession of collective
relief shipments intended for prisoners of war, to proceed to their
distribution or to dispose of them in the interest of the prisoners.
Nor shall such agreements restrict the right of representatives of
the Protecting Power, the International Committee of the Red Cross
or any other organization giving assistance to prisoners of war and
responsible for the forwarding of collective shipments, to supervise
their distribution to the recipients.

ART. 74. All relief shipments for prisoners of war shall be Exemption
exempt from import, customs and other dues. from postal
and
Correspondence, relief shipments and authorized remittances of transport
money addressed to prisoners of war or despatched by them charges
through the post office, either direct or through the Information
120 THIRD GENEVA CONVENTION OF 1949

Bureaux provided for in Article 122 and the Central Prisoners of


War Agency provided for in Article 123, shall be exempt from any
postal dues, both in the countries of origin and destination, and in
intermediate countries.
If relief shipments intended for prisoners of war cannot be sent
through the post office by reason of weight or for any other cause,
the cost of transportation shall be borne by the Detaining Power in
all the territories under its control. The other Powers party to the
Convention shall bear the cost of transport in their respective
territories.
In the absence of special agreements between the Parties
concerned, the costs connected with transport of such shipments,
other than costs covered by the above exemption, shall be charged
to the senders.
The High Contracting Parties shall endeavour to reduce, so far as
possible, the rates charged for telegrams sent by prisoners of war, or
addressed to them.

Special ART. 75. Should military operations prevent the Powers


means of concerned from fulfilling their obligation to assure the transport of
transport
the shipments referred to in Articles 70, 71, 72 and 77, the Protecting
Powers concerned, the International Committee of the Red Cross or
any other organization duly approved by the Parties to the conflict
may undertake to ensure the conveyance of such shipments by
suitable means (railway wagons, motor vehicles, vessels or
aircraft, etc.). For this purpose, the High Contracting Parties shall
endeavour to supply them with such transport and to allow its
circulation, especially by granting the necessary safe-conducts.
Such transport may also be used to convey:
a) correspondence, lists and reports exchanged between the
Central Information Agency referred to in Article 123 and the
National Bureaux referred to in Article 122;
b) correspondence and reports relating to prisoners of war
which the Protecting Power, the International Committee of
the Red Cross or any other body assisting the prisoners,
exchange either with their own delegates or with the Parties
to the conflict.
These provisions in no way detract from the right of any Party to
the conflict to arrange other means of transport, if it should so
prefer, nor preclude the granting of safe-conducts, under mutually
agreed conditions, to such means of transport.
In the absence of special agreements, the costs occasioned by the
use of such means of transport shall be borne proportionally by the
Parties to the conflict whose nationals are benefited thereby.
PRISONERS OF WAR 121

ART. 76. The censoring of correspondence addressed to Censorship


prisoners of war or despatched by them shall be done as quickly as and
examination
possible. Mail shall be censored only by the despatching State and
the receiving State, and once only by each.
The examination of consignments intended for prisoners of war
shall not be carried out under conditions that will expose the goods
contained in them to deterioration; except in the case of written or
printed matter, it shall be done in the presence of the addressee, or
of a fellow-prisoner duly delegated by him. The delivery to
prisoners of individual or collective consignments shall not be
delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by Parties to the
conflict, either for military or political reasons, shall be only
temporary and its duration shall be as short as possible.

ART. 77. The Detaining Power shall provide all facilities for the Preparation,
transmission, through the Protecting Power or the Central execution
and
Prisoners of War Agency provided for in Article 123, of instruments, transmission
papers or documents intended for prisoners of war or despatched of legal
by them, especially powers of attorney and wills. documents
In all cases they shall facilitate the preparation and execution of
such documents on behalf of prisoners of war; in particular, they
shall allow them to consult a lawyer and shall take what measures
are necessary for the authentication of their signatures.

SECTION VI

RELATIONS BETWEEN PRISONERS OF WAR


AND THE AUTHORITIES

CHAPTER I

Complaints of Prisoners of War


Respecting the Conditions of Captivity

ART. 78. Prisoners of war shall have the right to make known Complaints
to the military authorities in whose power they are, their requests and requests
regarding the conditions of captivity to which they are subjected.
122 THIRD GENEVA CONVENTION OF 1949

They shall also have the unrestricted right to apply to the


representatives of the Protecting Powers either through their
prisoners representative or, if they consider it necessary, direct, in
order to draw their attention to any points on which they may have
complaints to make regarding their conditions of captivity.
Theses requests and complaints shall not be limited nor
considered to be a part of the correspondence quota referred to in
Article 71. They must be transmitted immediately. Even if they are
recognized to be unfounded, they may not give rise to any
punishment.
Prisoners representative may send periodic reports on the
situation in the camps and the needs of the prisoners of war to the
representatives of the Protecting Powers.

CHAPTER II

Prisoner of War Representatives

Election ART. 79. In all places where there are prisoners of war, except
in those where there are officers, the prisoners shall freely elect by
secret ballot, every six months, and also in case of vacancies,
prisoners representatives entrusted with representing them before
the military authorities, the Protecting Powers, the International
Committee of the Red Cross and any other organization which may
assist them. These prisoners representatives shall be eligible for re-
election.
In camps for officers and persons of equivalent status or in mixed
camps, the senior officer among the prisoners of war shall be
recognized as the camp prisoners representative. In camps for
officers, he shall be assisted by one or more advisers chosen by the
officers; in mixed camps, his assistants shall be chosen from among
the prisoners of war who are not officers and shall be elected by them.
Officer prisoners of war of the same nationality shall be stationed
in labour camps for prisoners of war, for the purpose of carrying
out the camp administration duties for which the prisoners of war
are responsible. These officers may be elected as prisoners
representatives under the first paragraph of this Article. In such a
case the assistants to the prisoners representatives shall be chosen
from among those prisoners of war who are not officers.
Every representative elected must be approved by the Detaining
Power before he has the right to commence his duties. Where the
PRISONERS OF WAR 123

Detaining Power refuses to approve a prisoner of war elected by his


fellow prisoners of war, it must inform the Protecting Power of the
reason for such refusal.
In all cases the prisoners representative must have the same
nationality, language and customs as the prisoners of war whom he
represents. Thus, prisoners of war distributed in different sections of
a camp, according to their nationality, language or customs, shall
have for each section their own prisoners representative, in
accordance with the foregoing paragraphs.

ART. 80. Prisoners representatives shall further the physical, Duties


spiritual and intellectual well-being of prisoners of war.
In particular, where the prisoners decide to organize amongst
themselves a system of mutual assistance, this organization will be
within the province of the prisoners representative, in addition to
the special duties entrusted to him by other provisions of the
present Convention.
Prisoners representatives shall not be held responsible, simply by
reason of their duties, for any offences committed by prisoners of war.

ART. 81. Prisoners representatives shall not be required to Prerogatives


perform any other work, if the accomplishment of their duties is
thereby made more difficult.
Prisoners representatives may appoint from amongst the
prisoners such assistants as they may require. All material facilities
shall be granted them, particularly a certain freedom of movement
necessary for the accomplishment of their duties (inspection of
labour detachments, receipt of supplies, etc.).
Prisoners representatives shall be permitted to visit premises
where prisoners of war are detained, and every prisoner of war shall
have the right to consult freely his prisoners representative.
All facilities shall likewise be accorded to the prisoners
representatives for communication by post and telegraph with the
detaining authorities, the Protecting Powers, the International
Committee of the Red Cross and their delegates, the Mixed Medical
Commissions and with the bodies which give assistance to
prisoners of war. Prisoners representatives of labour detachments
shall enjoy the same facilities for communication with the prisoners
representatives of the principal camp. Such communications shall
not be restricted, nor considered as forming a part of the quota
mentioned in Article 71.
Prisoners representatives who are transferred shall be allowed a
reasonable time to acquaint their successors with current affairs.
In case of dismissal, the reasons therefor shall be communicated
to the Protecting Power.
124 THIRD GENEVA CONVENTION OF 1949

CHAPTER III

Penal and Disciplinary Sanctions

I. General Provisions

Applicable ART. 82. A prisoner of war shall be subject to the laws,


legislation regulations and orders in force in the armed forces of the Detaining
Power; the Detaining Power shall be justified in taking judicial or
disciplinary measures in respect of any offence committed by a
prisoner of war against such laws, regulations or orders. However,
no proceedings or punishments contrary to the provisions of this
Chapter shall be allowed.
If any law, regulation or order of the Detaining Power shall
declare acts committed by a prisoner of war to be punishable,
whereas the same acts would not be punishable if committed by a
member of the forces of the Detaining Power, such acts shall entail
disciplinary punishments only.

Choice of ART. 83. In deciding whether proceedings in respect of an


disciplinary offence alleged to have been committed by a prisoner of war shall be
or judicial
proceedings judicial or disciplinary, the Detaining Power shall ensure that the
competent authorities exercise the greatest leniency and adopt,
wherever possible, disciplinary rather than judicial measures.

Courts ART. 84. A prisoner of war shall be tried only by a military


court, unless the existing laws of the Detaining Power expressly
permit the civil courts to try a member of the armed forces of the
Detaining Power in respect of the particular offence alleged to have
been committed by the prisoner of war.
In no circumstances whatever shall a prisoner of war be tried by
a court of any kind which does not offer the essential guarantees of
independence and impartiality as generally recognized, and, in
particular, the procedure of which does not afford the accused the
rights and means of defence provided for in Article 105.

Offences ART. 85. Prisoners of war prosecuted under the laws of the
committed Detaining Power for acts committed prior to capture shall retain,
before
capture even if convicted, the benefits of the present Convention.

Non bis ART. 86. No prisoner of war may be punished more than once
in idem for the same act, or on the same charge.
PRISONERS OF WAR 125

ART. 87. Prisoners of war may not be sentenced by the military Penalties
authorities and courts of the Detaining Power to any penalties
except those provided for in respect of members of the armed forces
of the said Power who have committed the same acts.
When fixing the penalty, the courts or authorities of the
Detaining Power shall take into consideration, to the widest extent
possible, the fact that the accused, not being a national of the
Detaining Power, is not bound to it by any duty of allegiance, and
that he is in its power as the result of circumstances independent of
his own will. The said courts or authorities shall be at liberty to
reduce the penalty provided for the violation of which the prisoner
of war is accused, and shall therefore not be bound to apply the
minimum penalty prescribed.
Collective punishment for individual acts, corporal punishment,
imprisonment in premises without daylight and, in general, any
form of torture or cruelty, are forbidden.
No prisoner of war may be deprived of his rank by the Detaining
Power, or prevented from wearing his badges.

ART. 88. Officers, non-commissioned officers and men who Execution


are prisoners of war undergoing a disciplinary or judicial of penalties
punishment, shall not be subjected to more severe treatment than
that applied in respect of the same punishment to members of the
armed forces of the Detaining Power of equivalent rank.
A woman prisoner of war shall not be awarded or sentenced to a
punishment more severe, or treated whilst undergoing punishment
more severely, than a woman member of the armed forces of the
Detaining Power dealt with for a similar offence.
In no case may a woman prisoner of war be awarded or
sentenced to a punishment more severe, or treated whilst
undergoing punishment more severely, than a male member of the
armed forces of the Detaining Power dealt with for a similar offence.
Prisoners of war who have served disciplinary or judicial
sentences may not be treated differently from other prisoners of
war.

II. Disciplinary Sanctions

ART. 89. The disciplinary punishments applicable to prisoners General


of war are the following: observations
1) A fine which shall not exceed 50 per cent of the advances of I.
pay and working pay which the prisoner of war would Forms of
punishment
otherwise receive under the provisions of Articles 60 and 62
during a period of not more than thirty days.
126 THIRD GENEVA CONVENTION OF 1949

2) Discontinuance of privileges granted over and above the


treatment provided for by the present Convention.
3) Fatigue duties not exceeding two hours daily.
4) Confinement.
The punishment referred to under 3) shall not be applied to
officers.
In no case shall disciplinary punishments be inhuman, brutal or
dangerous to the health of prisoners of war.

II. ART. 90. The duration of any single punishment shall in no case
Duration of exceed thirty days.Any period of confinement awaiting the hearing of
punishments
a disciplinary offence or the award of disciplinary punishment shall
be deducted from an award pronounced against a prisoner of war.
The maximum of thirty days provided above may not be
exceeded, even if the prisoner of war is answerable for several acts at
the same time when he is awarded punishment, whether such acts
are related or not.
The period between the pronouncing of an award of disciplinary
punishment and its execution shall not exceed one month.
When a prisoner of war is awarded a further disciplinary
punishment, a period of at least three days shall elapse between the
execution of any two of the punishments, if the duration of one of
these is ten days or more.

Escapes ART. 91. The escape of a prisoner of war shall be deemed to


have succeeded when:
I.
Successful 1) he has joined the armed forces of the Power on which he
escape depends, or those of an allied Power;
2) he has left the territory under the control of the Detaining
Power, or of an ally of the said Power;
3) he has joined a ship flying the flag of the Power on which he
depends, or of an allied Power, in the territorial waters of the
Detaining Power, the said ship not being under the control of
the last named Power.
Prisoners of war who have made good their escape in the sense of
this Article and who are recaptured, shall not be liable to any
punishment in respect of their previous escape.

II. ART. 92. A prisoner of war who attempts to escape and is


Unsuccessful recaptured before having made good his escape in the sense of
escape
Article 91 shall be liable only to a disciplinary punishment in
respect of this act, even if it is a repeated offence.
PRISONERS OF WAR 127

A prisoner of war who is recaptured shall be handed over without


delay to the competent military authority.
Article 88, fourth paragraph, notwithstanding, prisoners of war
punished as a result of an unsuccessful escape may be subjected to
special surveillance. Such surveillance must not affect the state of
their health, must be undergone in a prisoner of war camp, and
must not entail the suppression of any of the safeguards granted
them by the present Convention.

ART. 93. Escape or attempt to escape, even if it is a repeated III.


offence, shall not be deemed an aggravating circumstance if the Connected
offences
prisoner of war is subjected to trial by judicial proceedings in respect
of an offence committed during his escape or attempt to escape.
In conformity with the principle stated in Article 83, offences
committed by prisoners of war with the sole intention of facilitating
their escape and which do not entail any violence against life or
limb, such as offences against public property, theft without
intention of self-enrichment, the drawing up or use of false papers,
the wearing of civilian clothing, shall occasion disciplinary
punishment only.
Prisoners of war who aid or abet an escape or an attempt to
escape shall be liable on this count to disciplinary punishment only.

ART. 94. If an escaped prisoner of war is recaptured, the Power IV.


on which he depends shall be notified thereof in the manner defined Notification
of recapture
in Article 122, provided notification of his escape has been made.

ART. 95. A prisoner of war accused of an offence against Procedure


discipline shall not be kept in confinement pending the hearing
unless a member of the armed forces of the Detaining Power would I.
Confinement
be so kept if he were accused of a similar offence, or if it is essential awaiting
in the interests of camp order and discipline. hearing
Any period spent by a prisoner of war in confinement awaiting
the disposal of an offence against discipline shall be reduced to an
absolute minimum and shall not exceed fourteen days.
The provisions of Articles 97 and 98 of this Chapter shall apply to
prisoners of war who are in confinement awaiting the disposal of
offences against discipline.

ART. 96. Acts which constitute offences against discipline shall II.
be investigated immediately. Competent
authorities
Without prejudice to the competence of courts and superior and right of
military authorities, disciplinary punishment may be ordered only defence
by an officer having disciplinary powers in his capacity as camp
128 THIRD GENEVA CONVENTION OF 1949

commander, or by a responsible officer who replaces him or to


whom he has delegated his disciplinary powers.
In no case may such powers be delegated to a prisoner of war or
be exercised by a prisoner of war.
Before any disciplinary award is pronounced, the accused shall
be given precise information regarding the offences of which he is
accused, and given an opportunity of explaining his conduct and of
defending himself. He shall be permitted, in particular, to call
witnesses and to have recourse, if necessary, to the services of a
qualified interpreter. The decision shall be announced to the
accused prisoner of war and to the prisoners representative.
A record of disciplinary punishments shall be maintained by the
camp commander and shall be open to inspection by
representatives of the Protecting Power.

Execution of ART. 97. Prisoners of war shall not in any case be transferred
punishment to penitentiary establishments (prisons, penitentiaries, convict
I. prisons, etc.) to undergo disciplinary punishment therein.
Premises All premises in which disciplinary punishments are undergone
shall conform to the sanitary requirements set forth in Article 25. A
prisoner of war undergoing punishment shall be enabled to keep
himself in a state of cleanliness, in conformity with Article 29.
Officers and persons of equivalent status shall not be lodged in
the same quarters as non-commissioned officers or men.
Women prisoners of war undergoing disciplinary punishment
shall be confined in separate quarters from male prisoners of war
and shall be under the immediate supervision of women.

II. ART. 98. A prisoner of war undergoing confinement as a


Essential disciplinary punishment, shall continue to enjoy the benefits of the
safeguards
provisions of this Convention except in so far as these are
necessarily rendered inapplicable by the mere fact that he is
confined. In no case may he be deprived of the benefits of the
provisions of Articles 78 and 126.
A prisoner of war awarded disciplinary punishment may not be
deprived of the prerogatives attached to his rank.
Prisoners of war awarded disciplinary punishment shall be
allowed to exercise and to stay in the open air at least two hours daily.
They shall be allowed, on their request, to be present at the daily
medical inspections. They shall receive the attention which their
state of health requires and, if necessary, shall be removed to the
camp infirmary or to a hospital.
They shall have permission to read and write, likewise to send
and receive letters. Parcels and remittances of money, however, may
PRISONERS OF WAR 129

be withheld from them until the completion of the punishment;


they shall meanwhile be entrusted to the prisoners representative,
who will hand over to the infirmary the perishable goods contained
in such parcels.

III. Judicial Proceedings

ART. 99. No prisoner of war may be tried or sentenced for an Essential


act which is not forbidden by the law of the Detaining Power or by rules
international law, in force at the time the said act was committed. I.
No moral or physical coercion may be exerted on a prisoner of General
war in order to induce him to admit himself guilty of the act of principles
which he is accused.
No prisoner of war may be convicted without having had an
opportunity to present his defence and the assistance of a qualified
advocate or counsel.

ART. 100. Prisoners of war and the Protecting Powers shall be II.
informed as soon as possible of the offences which are punishable Death
by the death sentence under the laws of the Detaining Power. penalty
Other offences shall not thereafter be made punishable by the
death penalty without the concurrence of the Power upon which the
prisoners of war depend.
The death sentence cannot be pronounced on a prisoner of war
unless the attention of the court has, in accordance with Article 87,
second paragraph, been particularly called to the fact that since the
accused is not a national of the Detaining Power, he is not bound to
it by any duty of allegiance, and that he is in its power as the result
of circumstances independent of his own will.

ART. 101. If the death penalty is pronounced on a prisoner of III.


war, the sentence shall not be executed before the expiration of a Delay in
period of at least six months from the date when the Protecting execution of
the death
Power receives, at an indicated address, the detailed communication penalty
provided for in Article 107.

ART. 102. A prisoner of war can be validly sentenced only if Procedure


the sentence has been pronounced by the same courts according to
the same procedure as in the case of members of the armed forces of I.
Conditions
the Detaining Power, and if, furthermore, the provisions of the for validity of
present Chapter have been observed. sentence
130 THIRD GENEVA CONVENTION OF 1949

II. ART. 103. Judicial investigations relating to a prisoner of war


Confinement shall be conducted as rapidly as circumstances permit and so that
awaiting trial
(Deduction his trial shall take place as soon as possible. A prisoner of war shall
from not be confined while awaiting trial unless a member of the armed
sentence, forces of the Detaining Power would be so confined if he were
treatment)
accused of a similar offence, or if it is essential to do so in the
interests of national security. In no circumstances shall this
confinement exceed three months.
Any period spent by a prisoner of war in confinement awaiting
trial shall be deducted from any sentence of imprisonment passed
upon him and taken into account in fixing any penalty.
The provisions of Articles 97 and 98 of this Chapter shall apply
to a prisoner of war whilst in confinement awaiting trial.

III. ART. 104. In any case in which the Detaining Power has
Notification decided to institute judicial proceedings against a prisoner of war, it
of
proceedings shall notify the Protecting Power as soon as possible and at least
three weeks before the opening of the trial. This period of three
weeks shall run as from the day on which such notification reaches
the Protecting Power at the address previously indicated by the
latter to the Detaining Power.
The said notification shall contain the following information:
1) surname and first names of the prisoner of war, his rank, his
army, regimental, personal or serial number, his date of birth,
and his profession or trade, if any;
2) place of internment or confinement;
3) specification of the charge or charges on which the prisoner
of war is to be arraigned, giving the legal provisions
applicable;
4) designation of the court which will try the case, likewise the
date and place fixed for the opening of the trial.
The same communication shall be made by the Detaining Power
to the prisoners representative.
If no evidence is submitted, at the opening of a trial, that the
notification referred to above was received by the Protecting Power,
by the prisoner of war and by the prisoners representative
concerned, at least three weeks before the opening of the trial, then
the latter cannot take place and must be adjourned.

IV. ART. 105. The prisoner of war shall be entitled to assistance by


Rights and one of his prisoner comrades, to defence by a qualified advocate or
means of
defence counsel of his own choice, to the calling of witnesses and, if he
deems necessary, to the services of a competent interpreter. He shall
PRISONERS OF WAR 131

be advised of these rights by the Detaining Power in due time before


the trial.
Failing a choice by the prisoner of war, the Protecting Power shall
find him an advocate or counsel, and shall have at least one week at
its disposal for the purpose. The Detaining Power shall deliver to the
said Power, on request, a list of persons qualified to present the
defence. Failing a choice of an advocate or counsel by the prisoner
of war or the Protecting Power, the Detaining Power shall appoint a
competent advocate or counsel to conduct the defence.
The advocate or counsel conducting the defence on behalf of the
prisoner of war shall have at his disposal a period of two weeks at
least before the opening of the trial, as well as the necessary facilities
to prepare the defence of the accused. He may, in particular, freely
visit the accused and interview him in private. He may also confer
with any witnesses for the defence, including prisoners of war. He
shall have the benefit of these facilities until the term of appeal or
petition has expired.
Particulars of the charge or charges on which the prisoner of war
is to be arraigned, as well as the documents which are generally
communicated to the accused by virtue of the laws in force in the
armed forces of the Detaining Power, shall be communicated to the
accused prisoner of war in a language which he understands, and in
good time before the opening of the trial. The same communication
in the same circumstances shall be made to the advocate or counsel
conducting the defence on behalf of the prisoner of war.
The representatives of the Protecting Power shall be entitled to
attend the trial of the case, unless, exceptionally, this is held in
camera in the interest of State security. In such a case the Detaining
Power shall advise the Protecting Power accordingly.

ART. 106. Every prisoner of war shall have, in the same manner V.
as the members of the armed forces of the Detaining Power, the Appeals
right of appeal or petition from any sentence pronounced upon
him, with a view to the quashing or revising of the sentence or the
reopening of the trial. He shall be fully informed of his right to
appeal or petition and of the time limit within which he may do so.

ART. 107. Any judgment and sentence pronounced upon a VI.


prisoner of war shall be immediately reported to the Protecting Notification
of findings
Power in the form of a summary communication, which shall also and sentence
indicate whether he has the right of appeal with a view to the
quashing of the sentence or the reopening of the trial. This
communication shall likewise be sent to the prisoners
representative concerned. It shall also be sent to the accused
132 THIRD GENEVA CONVENTION OF 1949

prisoner of war in a language he understands, if the sentence was


not pronounced in his presence. The Detaining Power shall also
immediately communicate to the Protecting Power the decision of
the prisoner of war to use or to waive his right of appeal.
Furthermore, if a prisoner of war is finally convicted or if a
sentence pronounced on a prisoner of war in the first instance is a
death sentence, the Detaining Power shall as soon as possible
address to the Protecting Power a detailed communication
containing:
1) the precise wording of the finding and sentence;
2) a summarized report of any preliminary investigation and of
the trial, emphasizing in particular the elements of the
prosecution and the defence;
3) notification, where applicable, of the establishment where the
sentence will be served.
The communications provided for in the foregoing sub-
paragraphs shall be sent to the Protecting Power at the address
previously made known to the Detaining Power.

Execution ART. 108. Sentence pronounced on prisoners of war after a


of penalties. conviction has become duly enforceable shall be served in the same
Penal
regulations establishments and under the same conditions as in the case of
members of the armed forces of the Detaining Power. These
conditions shall in all cases conform to the requirements of health
and humanity.
A woman prisoner of war on whom such a sentence has been
pronounced shall be confined in separate quarters and shall be
under the supervision of women.
In any case, prisoners of war sentenced to a penalty depriving
them of their liberty shall retain the benefit of the provisions of
Articles 78 and 126 of the present Convention. Furthermore, they
shall be entitled to receive and despatch correspondence, to receive
at least one relief parcel monthly, to take regular exercise in the open
air, to have the medical care required by their state of health, and the
spiritual assistance they may desire. Penalties to which they may be
subjected shall be in accordance with the provisions of Article 87,
third paragraph.
PRISONERS OF WAR 133

PART IV

TERMINATION OF CAPTIVITY

SECTION I

DIRECT REPATRIATION AND ACCOMMODATION


IN NEUTRAL COUNTRIES

ART. 109. Subject to the provisions of the third paragraph of General


this Article, Parties to the conflict are bound to send back to their observations
own country, regardless of number or rank, seriously wounded and
seriously sick prisoners of war, after having cared for them until
they are fit to travel, in accordance with the first paragraph of the
following Article.
Throughout the duration of hostilities, Parties to the conflict
shall endeavour, with the co-operation of the neutral Powers
concerned, to make arrangements for the accommodation in
neutral countries of the sick and wounded prisoners of war referred
to in the second paragraph of the following Article.
They may, in addition, conclude agreements with a view to the
direct repatriation or internment in a neutral country of able-
bodied prisoners of war who have undergone a long period of
captivity.
No sick or injured prisoner of war who is eligible for repatriation
under the first paragraph of this Article, may be repatriated against
his will during hostilities.

ART. 110. The following shall be repatriated direct; Cases of


repatriation
1) Incurably wounded and sick whose mental or physical fitness and
seems to have been gravely diminished. accommo-
dation
2) Wounded and sick who, according to medical opinion, are
not likely to recover within one year, whose condition
requires treatment and whose mental or physical fitness
seems to have been gravely diminished.
3) Wounded and sick who have recovered, but whose mental or
physical fitness seems to have gravely and permanently
diminished.
134 THIRD GENEVA CONVENTION OF 1949

The following may be accommodated in a neutral country:


1) Wounded and sick whose recovery may be expected within
one year of the date of the wound or the beginning of the
illness, if treatment in a neutral country might increase the
prospects of a more certain and speedy recovery.
2) Prisoners of war whose mental or physical health, according
to medical opinion, is seriously threatened by continued
captivity, but whose accommodation in a neutral country
might remove such a threat.
The conditions which prisoners of war accommodated in a
neutral country must fulfil in order to permit their repatriation shall
be fixed, as shall likewise their status, by agreement between the
Powers concerned. In general, prisoners of war who have been
accommodated in a neutral country, and who belong to the
following categories, should be repatriated:
1) those whose state of health has deteriorated so as to fulfil the
conditions laid down for direct repatriation;
2) those whose mental or physical powers remain, even after
treatment, considerably impaired.
If no special agreements are concluded between the Parties to the
conflict concerned, to determine the cases of disablement or
sickness entailing direct repatriation or accommodation in a
neutral country, such cases shall be settled in accordance with the
principles laid down in the Model Agreement concerning direct
repatriation and accommodation in neutral countries of wounded
and sick prisoners of war and in the Regulations concerning Mixed
Medical Commissions annexed to the present Convention.

Internment ART. 111. The Detaining Power, the Power on which the
in a neutral prisoners of war depend, and a neutral Power agreed upon by these
country
two Powers, shall endeavour to conclude agreements which will
enable prisoners of war to be interned in the territory of the said
neutral Power until the close of hostilities.

Mixed ART. 112. Upon the outbreak of hostilities, Mixed Medical


Medical Commissions shall be appointed to examine sick and wounded
Commissions
prisoners of war, and to make all appropriate decisions regarding
them. The appointment, duties and functioning of these
Commissions shall be in conformity with the provisions of the
Regulations annexed to the present Convention.
However, prisoners of war who, in the opinion of the medical
authorities of the Detaining Power, are manifestly seriously injured
PRISONERS OF WAR 135

or seriously sick, may be repatriated without having to be examined


by a Mixed Medical Commission.

ART. 113. Besides those who are designated by the medical Prisoners
authorities of the Detaining Power, wounded or sick prisoners of entitled to
examination
war belonging to the categories listed below shall be entitled to by Mixed
present themselves for examination by the Mixed Medical Medical
Commissions provided for in the foregoing Article: Commissions
1) Wounded and sick proposed by a physician or surgeon who is
of the same nationality, or a national of a Party to the conflict
allied with the Power on which the said prisoners depend, and
who exercises his functions in the camp.
2) Wounded and sick proposed by their prisoners
representative.
3) Wounded and sick proposed by the Power on which they
depend, or by an organization duly recognized by the said
Power and giving assistance to the prisoners.
Prisoners of war who do not belong to one of the three foregoing
categories may nevertheless present themselves for examination by
Mixed Medical Commissions, but shall be examined only after
those belonging to the said categories.
The physician or surgeon of the same nationality as the prisoners
who present themselves for examination by the Mixed Medical
Commission, likewise the prisoners representative of the said
prisoners, shall have permission to be present at the examination.

ART. 114. Prisoners of war who meet with accidents shall, Prisoners
unless the injury is self-inflicted, have the benefit of the provisions meeting with
accidents
of this Convention as regards repatriation or accommodation in a
neutral country.

ART. 115. No prisoner of war on whom a disciplinary Prisoners


punishment has been imposed and who is eligible for repatriation serving a
sentence
or for accommodation in a neutral country, may be kept back on the
plea that he has not undergone his punishment.
Prisoners of war detained in connection with a judicial
prosecution or conviction and who are designated for repatriation
or accommodation in a neutral country, may benefit by such
measures before the end of the proceedings or the completion of the
punishment, if the Detaining Power consents.
Parties to the conflict shall communicate to each other the names
of those who will be detained until the end of the proceedings or the
completion of the punishment.
136 THIRD GENEVA CONVENTION OF 1949

Costs of ART. 116. The costs of repatriating prisoners of war or of


repatriation transporting them to a neutral country shall be borne, from the
frontiers of the Detaining Power, by the Power on which the said
prisoners depend.

Activity after ART. 117. No repatriated person may be employed on active


repatriation military service.

SECTION II

RELEASE AND REPATRIATION OF PRISONERS


OF WAR AT THE CLOSE OF HOSTILITIES

Release and ART. 118. Prisoners of war shall be released and repatriated
repatriation without delay after the cessation of active hostilities.
In the absence of stipulations to the above effect in any
agreement concluded between the Parties to the conflict with a view
to the cessation of hostilities, or failing any such agreement, each of
the Detaining Powers shall itself establish and execute without delay
a plan of repatriation in conformity with the principle laid down in
the foregoing paragraph.
In either case, the measures adopted shall be brought to the
knowledge of the prisoners of war.
The costs of repatriation of prisoners of war shall in all cases be
equitably apportioned between the Detaining Power and the Power
on which the prisoners depend. This apportionment shall be
carried out on the following basis:
a) If the two Powers are contiguous, the Power on which the
prisoners of war depend shall bear the costs of repatriation
from the frontiers of the Detaining Power.
b) If the two Powers are not contiguous, the Detaining Power
shall bear the costs of transport of prisoners of war over its
own territory as far as its frontier or its port of embarkation
nearest to the territory of the Power on which the prisoners of
war depend. The Parties concerned shall agree between
themselves as to the equitable apportionment of the
remaining costs of the repatriation. The conclusion of this
agreement shall in no circumstances justify any delay in the
repatriation of the prisoners of war.
PRISONERS OF WAR 137

ART. 119. Repatriation shall be effected in conditions similar Details of


to those laid down in Articles 46 to 48 inclusive of the present procedure
Convention for the transfer of prisoners of war, having regard to the
provisions of Article 118 and to those of the following paragraphs.
On repatriation, any articles of value impounded from prisoners
of war under Article 18, and any foreign currency which has not been
converted into the currency of the Detaining Power, shall be restored
to them. Articles of value and foreign currency which, for any reason
whatever, are not restored to prisoners of war on repatriation, shall be
despatched to the Information Bureau set up under Article 122.
Prisoners of war shall be allowed to take with them their personal
effects, and any correspondence and parcels which have arrived for
them. The weight of such baggage may be limited, if the conditions
of repatriation so require, to what each prisoner can reasonably
carry. Each prisoner shall in all cases be authorized to carry at least
twenty-five kilograms.
The other personal effects of the repatriated prisoner shall be left
in the charge of the Detaining Power which shall have them
forwarded to him as soon as it has concluded an agreement to this
effect, regulating the conditions of transport and the payment of the
costs involved, with the Power on which the prisoner depends.
Prisoners of war against whom criminal proceedings for an
indictable offence are pending may be detained until the end of
such proceedings, and, if necessary, until the completion of the
punishment. The same shall apply to prisoners of war already
convicted for an indictable offence.
Parties to the conflict shall communicate to each other the names
of any prisoners of war who are detained until the end of the
proceedings or until punishment has been completed.
By agreement between the Parties to the conflict, commissions
shall be established for the purpose of searching for dispersed
prisoners of war and of assuring their repatriation with the least
possible delay.

SECTION III

DEATH OF PRISONERS OF WAR

ART. 120. Wills of prisoners of war shall be drawn up so as to Wills, death


satisfy the conditions of validity required by the legislation of their certificates,
burial,
country of origin, which will take steps to inform the Detaining cremation
Power of its requirements in this respect. At the request of the
138 THIRD GENEVA CONVENTION OF 1949

prisoner of war and, in all cases, after death, the will shall be
transmitted without delay to the Protecting Power; a certified copy
shall be sent to the Central Agency.
Death certificates, in the form annexed to the present Convention,
or lists certified by a responsible officer, of all persons who die as
prisoners of war shall be forwarded as rapidly as possible to the
Prisoner of War Information Bureau established in accordance with
Article 122. The death certificates or certified lists shall show
particulars of identity as set out in the third paragraph of Article 17,
and also the date and place of death, the cause of death, the date and
place of burial and all particulars necessary to identify the graves.
The burial or cremation of a prisoner of war shall be preceded by
a medical examination of the body with a view to confirming death
and enabling a report to be made and, where necessary, establishing
identity.
The detaining authorities shall ensure that prisoners of war who
have died in captivity are honourably buried, if possible according to
the rites of the religion to which they belonged, and that their graves
are respected, suitably maintained and marked so as to be found at
any time. Wherever possible, deceased prisoners of war who
depended on the same Power shall be interred in the same place.
Deceased prisoners of war shall be buried in individual graves
unless unavoidable circumstances require the use of collective
graves. Bodies may be cremated only for imperative reasons of
hygiene, on account of the religion of the deceased or in accordance
with his express wish to this effect. In case of cremation, the fact
shall be stated and the reasons given in the death certificate of the
deceased.
In order that graves may always be found, all particulars of
burials and graves shall be recorded with a Graves Registration
Service established by the Detaining Power. Lists of graves and
particulars of the prisoners of war interred in cemeteries and
elsewhere shall be transmitted to the Power on which such
prisoners of war depended. Responsibility for the care of these
graves and for records of any subsequent moves of the bodies shall
rest on the Power controlling the territory, if a Party to the present
Convention. These provisions shall also apply to the ashes, which
shall be kept by the Graves Registration Service until proper
disposal thereof in accordance with the wishes of the home country.
Prisoners ART. 121. Every death or serious injury of a prisoner of war
killed or caused or suspected to have been caused by a sentry, another
injured in
special prisoner of war, or any other person, as well as any death the cause
circumstances of which is unknown, shall be immediately followed by an official
enquiry by the Detaining Power.
PRISONERS OF WAR 139

A communication on this subject shall be sent immediately to the


Protecting Power. Statements shall be taken from witnesses,
especially from those who are prisoners of war, and a report
including such statements shall be forwarded to the Protecting
Power.
If the enquiry indicates the guilt of one or more persons, the
Detaining Power shall take all measures for the prosecution of the
person or persons responsible.

PART V

INFORMATION BUREAUX AND RELIEF SOCIETIES


FOR PRISONERS OF WAR

ART. 122. Upon the outbreak of a conflict and in all cases of National
occupation, each of the Parties to the conflict shall institute an Bureaux
official Information Bureau for prisoners of war who are in its
power. Neutral or non-belligerent Powers who may have received
within their territory persons belonging to one of the categories
referred to in Article 4, shall take the same action with respect to
such persons. The Power concerned shall ensure that the Prisoners
of War Information Bureau is provided with the necessary
accommodation, equipment and staff to ensure its efficient
working. It shall be at liberty to employ prisoners of war in such a
Bureau under the conditions laid down in the Section of the present
Convention dealing with work by prisoners of war.
Within the shortest possible period, each of the Parties to the
conflict shall give its Bureau the information referred to in the
fourth, fifth and sixth paragraphs of this Article regarding any
enemy person belonging to one of the categories referred to in
Article 4, who has fallen into its power. Neutral or non-belligerent
Powers shall take the same action with regard to persons belonging
to such categories whom they have received within their territory.
The Bureau shall immediately forward such information by the
most rapid means to the Powers concerned, through the
intermediary of the Protecting Powers and likewise of the Central
Agency provided for in Article 123.
This information shall make it possible quickly to advise the next
of kin concerned. Subject to the provisions of Article 17, the
information shall include, in so far as available to the Information
Bureau, in respect of each prisoner of war, his surname, first names,
140 THIRD GENEVA CONVENTION OF 1949

rank, army, regimental, personal or serial number, place and full


date of birth, indication of the Power on which he depends, first
name of the father and maiden name of the mother, name and
address of the person to be informed and the address to which
correspondence for the prisoner may be sent.
The Information Bureau shall receive from the various
departments concerned information regarding transfers, releases,
repatriations, escapes, admissions to hospital, and deaths, and shall
transmit such information in the manner described in the third
paragraph above.
Likewise, information regarding the state of health of prisoners
of war who are seriously ill or seriously wounded shall be supplied
regularly, every week if possible.
The Information Bureau shall also be responsible for replying to all
enquiries sent to it concerning prisoners of war, including those who
have died in captivity; it will make any enquiries necessary to obtain
the information which is asked for if this is not in its possession.
All written communications made by the Bureau shall be
authenticated by a signature or a seal.
The Information Bureau shall furthermore be charged with
collecting all personal valuables, including sums in currencies other
than that of the Detaining Power and documents of importance to
the next of kin, left by prisoners of war who have been repatriated
or released, or who have escaped or died, and shall forward the said
valuables to the Powers concerned. Such articles shall be sent by the
Bureau in sealed packets which shall be accompanied by statements
giving clear and full particulars of the identity of the person to
whom the articles belonged, and by a complete list of the contents of
the parcel. Other personal effects of such prisoners of war shall be
transmitted under arrangements agreed upon between the Parties
to the conflict concerned.
Central ART. 123. A Central Prisoners of War Information Agency
Agency shall be created in a neutral country. The International Committee
of the Red Cross shall, if it deems necessary, propose to the Powers
concerned the organization of such an Agency.
The function of the Agency shall be to collect all the information
it may obtain through official or private channels respecting
prisoners of war, and to transmit it as rapidly as possible to the
country of origin of the prisoners of war or to the Power on which
they depend. It shall receive from the Parties to the conflict all
facilities for effecting such transmissions.
The High Contracting Parties, and in particular those whose
nationals benefit by the services of the Central Agency, are
requested to give the said Agency the financial aid it may require.
PRISONERS OF WAR 141

The foregoing provisions shall in no way be interpreted as


restricting the humanitarian activities of the International
Committee of the Red Cross, or of the relief Societies provided for
in Article 125.

ART. 124. The national Information Bureaux and the Central Exemption
Information Agency shall enjoy free postage for mail, likewise all the from charges
exemptions provided for in Article 74, and further, so far as
possible, exemption from telegraphic charges or, at least, greatly
reduced rates.

ART. 125. Subject to the measures which the Detaining Powers Relief
may consider essential to ensure their security or to meet any other societies
and other
reasonable need, the representatives of religious organizations, relief organizations
societies, or any other organization assisting prisoners of war, shall
receive from the said Powers, for themselves and their duly
accredited agents, all necessary facilities for visiting the prisoners,
distributing relief supplies and material, from any source, intended
for religious, educational or recreative purposes, and for assisting
them in organizing their leisure time within the camps. Such
societies or organizations may be constituted in the territory of the
Detaining Power or in any other country, or they may have an
international character.
The Detaining Power may limit the number of societies and
organizations whose delegates are allowed to carry out their
activities in its territory and under its supervision, on condition,
however, that such limitation shall not hinder the effective operation
of adequate relief to all prisoners of war.
The special position of the International Committee of the Red
Cross in this field shall be recognized and respected at all times.
As soon as relief supplies or material intended for the above-
mentioned purposes are handed over to prisoners of war, or very
shortly afterwards, receipts for each consignment, signed by the
prisoners representative, shall be forwarded to the relief society or
organization making the shipment. At the same time, receipts for
these consignments shall be supplied by the administrative
authorities responsible for guarding the prisoners.
142 THIRD GENEVA CONVENTION OF 1949

PART VI

EXECUTION OF THE CONVENTION

SECTION I

GENERAL PROVISIONS

Supervision ART. 126. Representatives or delegates of the Protecting


Powers shall have permission to go to all places where prisoners of
war may be, particularly to places of internment, imprisonment and
labour, and shall have access to all premises occupied by prisoners
of war; they shall also be allowed to go to the places of departure,
passage and arrival of prisoners who are being transferred. They
shall be able to interview the prisoners, and in particular the
prisoners representatives, without witnesses, either personally or
through an interpreter.
Representatives and delegates of the Protecting Powers shall have
full liberty to select the places they wish to visit. The duration and
frequency of these visits shall not be restricted. Visits may not be
prohibited except for reasons of imperative military necessity, and
then only as an exceptional and temporary measure.
The Detaining Power and the Power on which the said prisoners
of war depend may agree, if necessary, that compatriots of these
prisoners of war be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross
shall enjoy the same prerogatives. The appointment of such
delegates shall be submitted to the approval of the Power detaining
the prisoners of war to be visited.

Dissemination ART. 127. The High Contracting Parties undertake, in time of


of the peace as in time of war, to disseminate the text of the present
Convention
Convention as widely as possible in their respective countries, and,
in particular, to include the study thereof in their programmes of
military and, if possible, civil instruction, so that the principles
thereof may become known to all their armed forces and to the
entire population.
Any military or other authorities, who in time of war assume
responsibilities in respect of prisoners of war, must possess the text
of the Convention and be specially instructed as to its provisions.
PRISONERS OF WAR 143

ART. 128. The High Contracting Parties shall communicate to Translations.


one another through the Swiss Federal Council and, during Rules of
application
hostilities, through the Protecting Powers, the official translations of
the present Convention, as well as the laws and regulations which
they may adopt to ensure the application thereof.

ART. 129. The High Contracting Parties undertake to enact Penal


any legislation necessary to provide effective penal sanctions for sanctions
persons committing, or ordering to be committed, any of the grave I.
breaches of the present Convention defined in the following Article. General
Each High Contracting Party shall be under the obligation to observations
search for persons alleged to have committed, or to have ordered to
be committed, such grave breaches, and shall bring such persons,
regardless of their nationality, before its own courts. It may also, if it
prefers, and in accordance with the provisions of its own legislation,
hand such persons over for trial to another High Contracting Party
concerned, provided such High Contracting Party has made out a
prima facie case.
Each High Contracting Party shall take measures necessary for
the suppression of all acts contrary to the provisions of the present
Convention other than the grave breaches defined in the following
Article.
In all circumstances, the accused persons shall benefit by
safeguards of proper trial and defence, which shall not be less
favourable than those provided by Article 105 and those following
of the present Convention.

ART. 130. Grave breaches to which the preceding Article II


relates shall be those involving any of the following acts, if Grave
breaches
committed against persons or property protected by the
Convention: wilful killing, torture or inhuman treatment, including
biological experiments, wilfully causing great suffering or serious
injury to body or health, compelling a prisoner of war to serve in the
forces of the hostile Power, or wilfully depriving a prisoner of war of
the rights of fair and regular trial prescribed in this Convention.

ART. 131. No High Contracting Party shall be allowed to III.


absolve itself or any other High Contracting Party of any liability Responsi-
bilities of the
incurred by itself or by another High Contracting Party in respect of Contracting
breaches referred to in the preceding Article. Parties

ART. 132. At the request of a Party to the conflict, an enquiry Enquiry


shall be instituted, in a manner to be decided between the interested procedure
Parties, concerning any alleged violation of the Convention.
144 THIRD GENEVA CONVENTION OF 1949

If agreement has not been reached concerning the procedure for


the enquiry, the Parties should agree on the choice of an umpire
who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict
shall put an end to it and shall repress it with the least possible delay.

SECTION II

FINAL PROVISIONS

Languages ART. 133. The present Convention is established in English


and in French. Both texts are equally authentic.
The Swiss Federal Council shall arrange for official translations of
the Convention to be made in the Russian and Spanish languages.

Relation ART. 134. The present Convention replaces the Convention of


to the 1929 July 27, 1929, in relations between the High Contracting Parties.
Convention

Relation to ART. 135. In the relations between the Powers which are
the Hague bound by the Hague Convention respecting the Laws and
Convention
Customs of War on Land, whether that of July 29, 1899, or that of
October 18, 1907, and which are parties to the present Convention,
this last Convention shall be complementary to Chapter II of the
Regulations annexed to the above-mentioned Conventions of the
Hague.

Signature ART. 136. The present Convention, which bears the date of
this day, is open to signature until February 12, 1950, in the name of
the Powers represented at the Conference which opened at
Geneva on April 21, 1949; furthermore, by Powers not represented
at that Conference, but which are parties to the Convention of
July 27, 1929.

Ratification ART. 137. The present Convention shall be ratified as soon as


possible and the ratifications shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of
ratification and certified copies of this record shall be transmitted
by the Swiss Federal Council to all the Powers in whose name the
Convention has been signed, or whose accession has been notified.
PRISONERS OF WAR 145

ART. 138. The present Convention shall come into force six Coming
months after not less than two instruments of ratification have been into force
deposited.
Thereafter, it shall come into force for each High Contracting
Party six months after the deposit of the instrument of ratification.

ART. 139. From the date of its coming into force, it shall be Accession
open to any Power in whose name the present Convention has not
been signed, to accede to this Convention.

ART. 140. Accessions shall be notified in writing to the Swiss Notification


Federal Council, and shall take effect six months after the date on of accessions
which they are received.
The Swiss Federal Council shall communicate the accessions to
all the Powers in whose name the Convention has been signed, or
whose accession has been notified.

ART. 141. The situations provided for in Articles 2 and 3 shall Immediate
give immediate effect to ratifications deposited and accessions effect
notified by the Parties to the conflict before or after the beginning of
hostilities or occupation. The Swiss Federal Council shall
communicate by the quickest method any ratifications or accessions
received from Parties to the conflict.

ART. 142. Each of the High Contracting Parties shall be at Denunciation


liberty to denounce the present Convention.
The denunciation shall be notified in writing to the Swiss Federal
Council, which shall transmit it to the Governments of all the High
Contracting Parties.
The denunciation shall take effect one year after the notification
thereof has been made to the Swiss Federal Council. However, a
denunciation of which notification has been made at a time when
the denouncing Power is involved in a conflict shall not take effect
until peace has been concluded, and until after operations
connected with the release and repatriation of the persons protected
by the present Convention have been terminated.
The denunciation shall have effect only in respect of the
denouncing Power. It shall in no way impair the obligations which
the Parties to the conflict shall remain bound to fulfil by virtue of
the principles of the law of nations, as they result from the usages
established among civilized peoples, from the laws of humanity and
the dictates of the public conscience.
146 THIRD GENEVA CONVENTION OF 1949

Registration ART. 143. The Swiss Federal Council shall register the present
with the Convention with the Secretariat of the United Nations. The Swiss
United
Nations Federal Council shall also inform the Secretariat of the United
Nations of all ratifications, accessions and denunciations received
by it with respect to the present Convention.

IN WITNESS WHEREOF the undersigned, having deposited their


respective full powers, have signed the present Convention.

DONE at Geneva this twelfth day of August 1949, in the English


and French languages. The original shall be deposited in the
Archives of the Swiss Confederation. The Swiss Federal Council
shall transmit certified copies thereof to each of the signatory and
acceding States.
ANNEX I

MODEL AGREEMENT CONCERNING DIRECT


REPATRIATION AND ACCOMMODATION IN NEUTRAL
COUNTRIES OF WOUNDED AND SICK PRISONERS OF WAR
(see Article 110)

I. PRINCIPLES FOR DIRECT REPATRIATION


AND ACCOMMODATION IN NEUTRAL COUNTRIES

A. DIRECT REPATRIATION
The following shall be repatriated direct:
1) All prisoners of war suffering from the following disabilities as the result of
trauma: loss of limb, paralysis, articular or other disabilities, when this
disability is at least the loss of a hand or a foot, or the equivalent of the loss of
a hand or a foot.
Without prejudice to a more generous interpretation, the following shall
be considered as equivalent to the loss of a hand or a foot:
a) Loss of a hand or of all the fingers, or of the thumb and forefinger of one
hand; loss of a foot, or of all the toes and metatarsals of one foot.
b) Ankylosis, loss of osseous tissue, cicatricial contracture preventing the
functioning of one of the large articulations or of all the digital joints of
one hand.
c) Pseudarthrosis of the long bones.
d) Deformities due to fracture or other injury which seriously interfere with
function and weight-bearing power.
2) All wounded prisoners of war whose condition has become chronic, to the
extent that prognosis appears to exclude recoveryin spite of treatment
within one year from the date of the injury, as, for example, in case of:
a) Projectile in the heart, even if the Mixed Medical Commission should fail,
at the time of their examination, to detect any serious disorders.
b) Metallic splinter in the brain or the lungs, even if the Mixed Medical
Commission cannot, at the time of examination, detect any local or
general reaction.
c) Osteomyelitis, when recovery cannot be foreseen in the course of the year
following the injury, and which seems likely to result in ankylosis of a
joint, or other impairments equivalent to the loss of a hand or a foot.
d) Perforating and suppurating injury to the large joints.
e) Injury to the skull, with loss or shifting of bony tissue.
f) Injury or burning of the face with loss of tissue and functional lesions.
148 THIRD GENEVA CONVENTION OF 1949 ANNEX I

g) Injury to the spinal cord.


h) Lesion of the peripheral nerves, the sequelae of which are equivalent to
the loss of a hand or foot, and the cure of which requires more than a year
from the date of injury, for example: injury to the brachial or lumbosacral
plexus, the median or sciatic nerves, likewise combined injury to the
radial and cubital nerves or to the lateral popliteal nerve (N. peroneus
communis) and medial popliteal nerve (N. tibialis); etc. The separate
injury of the radial (musculo-spiral), cubital, lateral or medial popliteal
nerves shall not, however, warrant repatriation except in case of
contractures or of serious neurotrophic disturbance.
i) Injury to the urinary system, with incapacitating results.
3) All sick prisoners of war whose condition has become chronic to the extent
that prognosis seems to exclude recoveryin spite of treatmentwithin one
year from the inception of the disease, as, for example, in case of:
a) Progressive tuberculosis of any organ which, according to medical
prognosis, cannot be cured, or at least considerably improved by
treatment in a neutral country.
b) Exudate pleurisy.
c) Serious diseases of the respiratory organs of non-tubercular etiology,
presumed incurable, for example: serious pulmonary emphysema, with
or without bronchitis; chronic asthma;* chronic bronchitis* lasting more
than one year in captivity; bronchiectasis;* etc.
d) Serious chronic affections of the circulatory system, for example: valvular
lesions and myocarditis,* which have shown signs of circulatory failure
during captivity, even though the Mixed Medical Commission cannot
detect any such signs at the time of examination; affections of the
pericardium and the vessels (Buergers disease, aneurism of the large
vessels); etc.
e) Serious chronic affections of the digestive organs, for example: gastric or
duodenal ulcer; sequelae of gastric operations performed in captivity;
chronic gastritis enteritis or colitis, having lasted more than one year and
seriously affecting the general condition; cirrhosis of the liver; chronic
cholecystopathy;* etc.
f) Serious chronic affections of the genito-urinary organs, for example:
chronic diseases of the kidney with consequent disorders; nephrectomy
because of a tubercular kidney; chronic pyelitis or chronic cystitis;
hydronephrosis or pyonephrosis; chronic grave gynaecological
conditions; normal pregnancy and obstetrical disorder, where it is
impossible to accommodate in a neutral country; etc.

* The decision of the Mixed Medical Commision shall be based to a great extent on the records kept by
camp physicians and surgeons of the same nationality as the prisoners of war, or on an examination by med-
ical specialists of the Detaining Power.
REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES 149

g) Serious chronic diseases of the central and peripheral nervous system, for
example: all obvious psychoses and psychoneuroses, such as serious
hysteria, serious captivity psychoneurosis, etc., duly verified by a
specialist;* any epilepsy duly verified by the camp physician;* cerebral
arteriosclerosis; chronic neuritis lasting more than one year; etc.
h) Serious chronic diseases of the neuro-vegetative system, with
considerable diminution of mental or physical fitness, noticeable loss of
weight and general asthenia.
i) Blindness of both eyes, or of one eye when the vision of the other is less
than 1 in spite of the use of corrective glasses; diminution of visual acuity
in cases where it is impossible to restore it by correction to an acuity of
1/2 in at least one eye;* other grave ocular affections, for example:
glaucoma, iritis, choroiditis; trachoma; etc.
k) Auditive disorders, such as total unilateral deafness, if the other ear does
not discern the ordinary spoken word at a distance of one metre;* etc.
l) Serious affections of metabolism, for example: diabetes mellitus
requiring insulin treatment; etc.
m) Serious disorders of the endocrine glands, for example: thyrotoxicosis;
hypothyrosis; Addisons disease; Simmonds cachexia; tetany; etc.
n) Grave and chronic disorders of the blood-forming organs.
o) Serious case of chronic intoxication, for example: lead poisoning,
mercury poisoning, morphinism, cocainism, alcoholism; gas or radiation
poisoning; etc.
p) Chronic affections of locomotion, with obvious functional disorders, for
example: arthritis deformans; primary and secondary progressive
chronic polyarthritis; rheumatism with serious clinical symptoms; etc.
q) Serious chronic skin diseases, not amenable to treatment.
r) Any malignant growth.
s) Serious chronic infectious diseases, persisting for one year after their
inception, for example: malaria with decided organic impairment,
amoebic or bacillary dysentery with grave disorders; tertiary visceral
syphilis resistant to treatment; leprosy; etc.
t) Serious avitaminosis or serious inanition.

* The decision of the Mixed Medical Commision shall be based to a great extent on the records kept by
camp physicians and surgeons of the same nationality as the prisoners of war, or on an examination by med-
ical specialists of the Detaining Power.
150 THIRD GENEVA CONVENTION OF 1949 ANNEX I

B. ACCOMMODATION IN NEUTRAL COUNTRIES

The following shall be eligible for accommodation in a neutral country:


1) All wounded prisoners of war who are not likely to recover in captivity, but
who might be cured or whose condition might be considerably improved by
accommodation in a neutral country.
2) Prisoners of war suffering from any form of tuberculosis, of whatever organ,
and whose treatment in a neutral country would be likely to lead to recovery
or at least to considerable improvement, with the exception of primary
tuberculosis cured before captivity.
3) Prisoners of war suffering from affections requiring treatment of the
respiratory, circulatory, digestive, nervous, sensory, genito-urinary,
cutaneous, locomotive organs, etc., if such treatment would clearly have
better results in a neutral country than in captivity.
4) Prisoners of war who have undergone a nephrectomy in captivity for a non-
tubercular renal affection; cases of osteomyelitis, on the way to recovery or
latent; diabetes mellitus not requiring insulin treatment; etc.
5) Prisoners of war suffering from war or captivity neuroses.
Cases of captivity neurosis which are not cured after three months of
accommodation in a neutral country, or which after that length of time are
not clearly on the way to complete cure, shall be repatriated.
6) All prisoners of war suffering from chronic intoxication (gases, metals,
alkaloids, etc.), for whom the prospects of cure in a neutral country are
especially favourable.
7) All women prisoners of war who are pregnant or mothers with infants and
small children.

The following cases shall not be eligible for accommodation in a neutral


country:
1) All duly verified chronic psychoses.
2) All organic or functional nervous affections considered to be incurable.
3) All contagious diseases during the period in which they are transmissible,
with the exception of tuberculosis.

II. GENERAL OBSERVATIONS


1) The conditions given shall, in a general way, be interpreted and applied in as
broad a spirit as possible.
Neuropathic and psychopathic conditions caused by war or captivity, as
well as cases of tuberculosis in all stages, shall above all benefit by such liber-
al interpretation. Prisoners of war who have sustained several wounds, none
REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES 151

of which, considered by itself, justifies repatriation, shall be examined in the


same spirit, with due regard for the psychic traumatism due to the number of
their wounds.
2) All unquestionable cases giving the right to direct repatriation (amputation,
total blindness or deafness, open pulmonary tuberculosis, mental disorder,
malignant growth, etc.) shall be examined and repatriated as soon as
possible by the camp physicians or by military medical commissions
appointed by the Detaining Power.
3) Injuries and diseases which existed before the war and which have not
become worse, as well as war injuries which have not prevented subsequent
military service, shall not entitle to direct repatriation.
4) The provisions of this Annex shall be interpreted and applied in a similar
manner in all countries party to the conflict. The Powers and authorities
concerned shall grant to Mixed Medical Commissions all the facilities
necessary for the accomplishment of their task.
5) The examples quoted under (I) above represent only typical cases. Cases
which do not correspond exactly to these provisions shall be judged in the
spirit of the provisions of Article 110 of the present Convention, and of the
principles embodied in the present Agreement.
ANNEX II

REGULATIONS CONCERNING
MIXED MEDICAL COMMISSIONS
(see Article 112)

ARTICLE 1. The Mixed Medical Commissions provided for in Article 112 of


the Convention shall be composed of three members, two of whom shall belong to
a neutral country, the third being appointed by the Detaining Power. One of the
neutral members shall take the chair.

ART. 2. The two neutral members shall be appointed by the International


Committee of the Red Cross, acting in agreement with the Protecting Power, at the
request of the Detaining Power. They may be domiciled either in their country of
origin, in any other neutral country, or in the territory of the Detaining Power.

ART. 3. The neutral members shall be approved by the Parties to the conflict
concerned, who shall notify their approval to the International Committee of the
Red Cross and to the Protecting Power. Upon such notification, the neutral
members shall be considered as effectively appointed.

ART. 4. Deputy members shall also be appointed in sufficient number to


replace the regular members in case of need. They shall be appointed at the same
time as the regular members or, at least, as soon as possible.

ART. 5. If for any reason the International Committee of the Red Cross cannot
arrange for the appointment of the neutral members, this shall be done by the
Power protecting the interests of the prisoners of war to be examined.

ART. 6. So far as possible, one of the two neutral members shall be a surgeon
and the other a physician.

ART. 7. The neutral members shall be entirely independent of the Parties to the
conflict, which shall grant them all facilities in the accomplishment of their duties.

ART. 8. By agreement with the Detaining Power, the International Committee


of the Red Cross, when making the appointments provided for in Articles 2 and 4
of the present Regulations, shall settle the terms of service of the nominees.

ART. 9. The Mixed Medical Commissions shall begin their work as soon as
possible after the neutral members have been approved, and in any case within a
period of three months from the date of such approval.
MIXED MEDICAL COMMISSIONS 153

ART. 10. The Mixed Medical Commissions shall examine all the prisoners
designated in Article 113 of the Convention. They shall propose repatriation,
rejection, or reference to a later examination. Their decisions shall be made by a
majority vote.

ART. 11. The decisions made by the Mixed Medical Commissions in each
specific case shall be communicated, during the month following their visit, to the
Detaining Power, the Protecting Power and the International Committee of the Red
Cross. The Mixed Medical Commissions shall also inform each prisoner of war
examined of the decision made, and shall issue to those whose repatriation has
been proposed, certificates similar to the model appended to the present
Convention.

ART. 12. The Detaining Power shall be required to carry out the decisions of
the Mixed Medical Commissions within three months of the time when it receives
due notification of such decisions.

ART. 13. If there is no neutral physician in a country where the services of a


Mixed Medical Commission seem to be required, and if it is for any reason
impossible to appoint neutral doctors who are resident in another country, the
Detaining Power, acting in agreement with the Protecting Power, shall set up a
Medical Commission which shall undertake the same duties as a Mixed Medical
Commission, subject to the provisions of Articles 1, 2, 3, 4, 5 and 8 of the present
Regulations.

ART. 14. Mixed Medical Commissions shall function permanently and shall
visit each camp at intervals of not more than six months.
ANNEX III

REGULATIONS CONCERNING COLLECTIVE RELIEF


(see Article 73)

ARTICLE 1. Prisoners representatives shall be allowed to distribute collective


relief shipments for which they are responsible, to all prisoners of war administered
by their camp, including those who are in hospitals, or in prisons or other penal
establishments.

ART. 2. The distribution of collective relief shipments shall be effected in


accordance with the instructions of the donors and with a plan drawn up by the
prisoners representatives. The issue of medical stores shall, however, be made for
preference in agreement with the senior medical officers, and the latter may, in
hospitals and infirmaries, waive the said instructions, if the needs of their patients
so demand. Within the limits thus defined, the distribution shall always be carried
out equitably.

ART. 3. The said prisoners representatives or their assistants shall be allowed


to go to the points of arrival of relief supplies near their camps, so as to enable the
prisoners representatives or their assistants to verify the quality as well as the
quantity of the goods received, and to make out detailed reports thereon for the
donors.

ART. 4. Prisoners representatives shall be given the facilities necessary for


verifying whether the distribution of collective relief in all sub-divisions and
annexes of their camps has been carried out in accordance with their instructions.

ART. 5. Prisoners representatives shall be allowed to fill up, and cause to be


filled up by the prisoners representatives of labour detachments or by the senior
medical officers of infirmaries and hospitals, forms or questionnaires intended for
the donors, relating to collective relief supplies (distribution, requirements,
quantities, etc.). Such forms and questionnaires, duly completed, shall be
forwarded to the donors without delay.

ART. 6. In order to secure the regular issue of collective relief to the prisoners
of war in their camp, and to meet any needs that may arise from the arrival of new
contingents of prisoners, prisoners representatives shall be allowed to build up and
maintain adequate reserve stocks of collective relief. For this purpose, they shall
have suitable warehouses at their disposal; each warehouse shall be provided with
two locks, the prisoners representative holding the keys of one lock and the camp
commander the keys of the other.
COLLECTIVE RELIEF 155

ART. 7. When collective consignments of clothing are available, each prisoner


of war shall retain in his possession at least one complete set of clothes. If a prisoner
has more than one set of clothes, the prisoners representative shall be permitted to
withdraw excess clothing from those with the largest number of sets, or particular
articles in excess of one, if this is necessary in order to supply prisoners who are less
well provided. He shall not, however, withdraw second sets of underclothing, socks
or footwear, unless this is the only means of providing for prisoners of war with
none.

ART. 8. The High Contracting Parties, and the Detaining Powers in particular,
shall authorize, as far as possible and subject to the regulations governing the
supply of the population, all purchases of goods made in their territories for the
distribution of collective relief to prisoners of war. They shall similarly facilitate the
transfer of funds and other financial measures of a technical or administrative
nature taken for the purpose of making such purchases.

ART. 9. The foregoing provisions shall not constitute an obstacle to the right
of prisoners of war to receive collective relief before their arrival in a camp or in the
course of transfer, nor to the possibility of representatives of the Protecting Power,
the International Committee of the Red Cross, or any other body giving assistance
to prisoners which may be responsible for the forwarding of such supplies,
ensuring the distribution thereof to the addressees by any other means that they
may deem useful.
ANNEX IV
A. IDENTITY CARD
(See Article 4)

Any other mark of identification ...................


.........................................................................
.........................................................................
Authorities, to assist in his identification.

(Right forefinger)
hand the card to the Detaining
bearer is taken prisoner, he shall at once
the person to whom it is issued. If the

Finger-prints (optional)
The card must be carried at all times by
.......................... but are not part of them.
who accompany the Armed Forces of
This identity card is issued to persons
NOTICE

(Left forefinger)
Religion

imprint
Official seal Blood type

Hair Eyes Weight Height

(Name of the country and military


authority issuing this card)
Photograph
of the bearer IDENTITY CARD

FOR A PERSON WHO ACCOMPANIES


THE ARMED FORCES

Name ..................................................................................
First names..........................................................................
Date and place of birth.......................................................
Accompanies the Armed Forces as ....................................

Date of issue Signature of bearer

................................................... ...................................................

Remarks. This card should be made out for preference in two or three languages,
one of which is in international use. Actual size of the card: 13 by 10 centimetres.
It should be folded along the dotted line.
ANNEX IV
B. CAPTURE CARD
(See Article 70)
1. Front

PRISONER OF WAR MAIL Postage free

CAPTURE CARD FOR PRISONER OF WAR

IMPORTANT

This card must be completed by CENTRAL PRISONERS


each prisoner immediately after OF WAR AGENCY
being taken prisoner and each time
his address is changed (by reason International Committee
of transfer to a hospital or to of the Red Cross
another camp).
This card is distinct from the
special card which each prisoner is GENEVA
allowed to send to his relatives.
(Switzerland)
2. Reverse side

Write legibly and in 1. Power on which the


block letters prisoner depends ..............................................
2. Name 3. First names (in full) 4. First name of father
....................................................................................................................................
5. Date of birth ................................. 6. Place of birth ..............................................
7. Rank ...........................................................................................................................
8. Service number..........................................................................................................
9. Address of next of kin ...............................................................................................
*10. Taken prisoner on: (or)
Coming from (Camp No., hospital, etc.) .................................................................
*11. a) Good healthb) Not woundedc) Recoveredd) Convalescente) Sick
f) Slightly woundedg) Seriously wounded.
12. My present address is: Prisoner No. .........................................................................
Name of camp............................................................................................................
13. Date............................................. 14. Signature .....................................................
* Strike out what is not applicableDo not add any remarksSee explanations overleaf.

Remarks. This form should be made out in two or three languages, particularly in
the prisoners own language and in that of the Detaining Power. Actual size of the form:
15 by 10.5 centimetres.
ANNEX IV
C. CORRESPONDENCE CARD AND LETTER
(See Article 71) 1. CARD
1. Front

PRISONER OF WAR MAIL Postage free

POST CARD
To...................................................................................

Sender:
....................................................................
Name and first names
........................................................ Place of Destination
Place and date of birth
........................................................ ....................................................................
Prisoner of War No.
........................................................ Street ..........................................................
Name of camp
........................................................ Country......................................................
Country where posted
........................................................ Province or Department............................
2. Reverse side

NAME OF CAMP ...................................................................... Date...................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

Write on the dotted lines only and as legibly as possible.


Remarks. This form should be made out in two or three languages, particularly in
the prisoners own language and in that of the Detaining Power. Actual size of the form:
15 by 10 centimetres.
ANNEX IV
C. CORRESPONDENCE CARD AND LETTER
(See Article 71) 1. LETTER
that of the Detaining Power. It should be folded along the dotted line, the tab being inserted in the slit (marked by a line of
Remarks. This form should be made out in two or three languages, particularly in the prisoners own language and in

asterisks); it then has the appearance of an envelope. Overleaf, it is lined like the postcard above (Annex IV C1); this space can
contain about 250 words which the prisoner is free to write. Actual size of the folded form: 29 by 15 centimetres.

......................................................................................................................................

PRISONER OF WAR MAIL


Postage free

To .................................................................................................................................

......................................................................................................................................

Place ............................................................................................

Street ............................................................................................

Country ............................................................................................

Department or Province ............................................................................................

......................................................................................................................................

Country where posted ................................................................................................

Name of camp .............................................................................................................

Prisoner of War No. . ...................................................................................................

Date and place of birth ...............................................................................................

Name and first names .................................................................................................

Sender:

******

......................................................................................................................................
ANNEX IV
D. NOTIFICATION OF DEATH
(See Article 120)

(Title of responsible authority) NOTIFICATION OF DEATH


Power on which the
prisoner depended ................................................

Name and first names .........................................................................................................

First name of father ....................................................................

Place and date of birth ....................................................................

Place and date of death ....................................................................

Rank and service number (as given on


identity disc) ....................................................................

Address of next of kin ....................................................................

Where and when taken prisoner ....................................................................

Cause and circumstances of death ....................................................................

Place of burial ....................................................................

Is the grave marked and can it be found


later by the relatives ? ....................................................................

Are the personal effects of the deceased in


the keeping of the Detaining Power or are ....................................................................
they being forwarded together with this
notification ? ....................................................................

If forwarded, through what agency ? ....................................................................

Can the person who cared for the deceased


during sickness or during his last moments ....................................................................
(doctor, nurse, minister of religion, fellow
prisoner) give here or on an attached sheet ....................................................................
a short account of the circumstances of the
death and burial ? ....................................................................

(Date, seal and signature of responsible Signature and address of two witnesses
authority)

..................................................................... ....................................................................

Remarks. This form should be made out in two or three languages, particularly in
the prisoners own language and in that of the Detaining Power. Actual size of the form:
21 by 30 centimetres.
ANNEX IV

E. REPATRIATION CERTIFICATE
(see Annex II, Article 11)

REPATRIATION CERTIFICATE

Date:

Camp:

Hospital:

Surname:

First names:

Date of birth:

Rank:

Army number:

P. W. number:

Injury-Disease:

Decision of the Commission:

Chairman of the
Mixed Medical Commission:

A = direct repatriation

B = accommodation in a neutral country

NC = re-examination by next Commission


ANNEX V

MODEL REGULATIONS CONCERNING PAYMENTS SENT


BY PRISONERS TO THEIR OWN COUNTRY
(see Article 63)
1) The notification referred to in the third paragraph of Article 63 will show:
a) number as specified in Article 17, rank, surname and first names of the
prisoner of war who is the payer;
b) the name and address of the payee in the country of origin;
c) the amount to be so paid in the currency of the country in which he is
detained.
2) The notification will be signed by the prisoner of war, or his witnessed mark
made upon it if he cannot write, and shall be countersigned by the prisoners
representative.
3) The camp commander will add to this notification a certificate that the
prisoner of war concerned has a credit balance of not less than the amount
registered as payable.
4) The notification may be made up in lists, each sheet of such lists witnessed
by the prisoners representative and certified by the camp commander.
IV

GENEVA CONVENTION
RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS
IN TIME OF WAR OF 12 AUGUST 1949

PART I
General Provisions
Article 1 Respect for the Convention ....................................................... 169
Article 2 Application of the Convention .................................................. 169
Article 3 Conflicts not of an international character ............................... 169
Article 4 Definition of protected persons ................................................ 170
Article 5 Derogations................................................................................ 171
Article 6 Beginning and end of application ............................................. 171
Article 7 Special agreements..................................................................... 171
Article 8 Non-renunciation of rights........................................................ 172
Article 9 Protecting Powers ...................................................................... 172
Article 10 Activities of the International Committee of the Red Cross .... 172
Article 11 Substitutes for Protecting Powers .............................................. 172
Article 12 Conciliation procedure .............................................................. 173

PART II
General Protection of Populations against certain Consequences of War
Article 13 Field of application of Part II..................................................... 174
Article 14 Hospital and safety zones and localities.................................... 174
Article 15 Neutralized zones....................................................................... 174
Article 16 Wounded and sick: I. General protection.................................. 175
Article 17 II. Evacuation ............................................................................. 175
Article 18 III. Protection of hospitals ......................................................... 175
Article 19 IV. Discontinuance of protection of hospitals........................... 176
Article 20 V. Hospital staff .......................................................................... 176
Article 21 VI. Land and sea transport ........................................................ 176
Article 22 VII. Air transport ....................................................................... 177
Article 23 Consignments of medical supplies, food and clothing ............. 177
Article 24 Measures relating to child welfare ............................................. 178
Article 25 Family news................................................................................ 178
Article 26 Dispersed families...................................................................... 178
164 CONTENTS

PART III
Status and Treatment of Protected Persons
SECTION I Provisions common to the Territories of
the Parties to the Conflict and to Occupied Territories
Article 27 Treatment: I. General observations ........................................... 179
Article 28 II. Danger zones ......................................................................... 179
Article 29 III. Responsibilities .................................................................... 180
Article 30 Application to Protecting Powers and relief organizations....... 180
Article 31 Prohibition of coercion.............................................................. 180
Article 32 Prohibition of corporal punishment, torture, etc...................... 180
Article 33 Individual responsibility, collective penalties, pillage, reprisals 180
Article 34 Hostages ..................................................................................... 180

SECTION II Aliens in the Territory of a Party to the Conflict


Article 35 Right to leave the territory......................................................... 181
Article 36 Method of repatriation .............................................................. 181
Article 37 Persons in confinement ............................................................. 181
Article 38 Non-repatriated persons: I. General observations.................... 182
Article 39 II. Means of existence................................................................. 182
Article 40 III. Employment......................................................................... 182
Article 41 IV. Assigned residence. Internment ........................................... 183
Article 42 V. Grounds for internment or assigned residence.
Voluntary internment ................................................................ 183
Article 43 VI. Procedure ............................................................................. 183
Article 44 VII. Refugees .............................................................................. 184
Article 45 VIII. Transfer to another Power................................................. 184
Article 46 Cancellation of restrictive measures.......................................... 184

SECTION III Occupied Territories


Article 47 Inviolability of rights ................................................................. 185
Article 48 Special cases of repatriation ...................................................... 185
Article 49 Deportations, transfers, evacuations ......................................... 185
Article 50 Children ..................................................................................... 186
Article 51 Enlistment. Labour .................................................................... 186
Article 52 Protection of workers................................................................. 187
Article 53 Prohibited destruction............................................................... 187
Article 54 Judges and public officials ......................................................... 187
Article 55 Food and medical supplies for the population ......................... 187
Article 56 Hygiene and public health ......................................................... 188
Article 57 Requisition of hospitals ............................................................. 188
Article 58 Spiritual assistance..................................................................... 188
Article 59 Relief: I. Collective relief ............................................................ 188
CONTENTS 165

Article 60 II. Responsibilities of the Occupying Power ............................ 189


Article 61 III. Distribution.......................................................................... 189
Article 62 IV. Individual relief..................................................................... 189
Article 63 National Red Cross and other relief societies ........................... 189
Article 64 Penal legislation: I. General observations.................................. 190
Article 65 II. Publication............................................................................. 190
Article 66 III. Competent courts ................................................................ 190
Article 67 IV. Applicable provisions ........................................................... 190
Article 68 V. Penalties. Death penalty......................................................... 191
Article 69 VI. Deduction from sentence of period spent under arrest...... 191
Article 70 VII. Offences committed before occupation............................. 191
Article 71 Penal procedure: I. General observations.................................. 192
Article 72 II. Right of defence..................................................................... 192
Article 73 III. Right of appeal ..................................................................... 193
Article 74 IV. Assistance by the Protecting Power...................................... 193
Article 75 V. Death sentence ....................................................................... 193
Article 76 Treatment of detainees............................................................... 194
Article 77 Handing over of detainees at the close of occupation .............. 194
Article 78 Security measures. Internment and assigned residence.
Right of appeal ........................................................................... 194

SECTION IV Regulations for the Treatment of Internees


CHAPTER I GENERAL PROVISIONS
Article 79 Cases of internment and applicable provisions ........................ 195
Article 80 Civil capacity.............................................................................. 195
Article 81 Maintenance............................................................................... 195
Article 82 Grouping of internees................................................................ 195

CHAPTER II PLACES OF INTERNMENT


Article 83 Location of places of internment. Marking of camps ............... 196
Article 84 Separate internment................................................................... 196
Article 85 Accommodation, hygiene .......................................................... 196
Article 86 Premises for religious services................................................... 197
Article 87 Canteens..................................................................................... 197
Article 88 Air raid shelters. Protective measures........................................ 198

CHAPTER III FOOD AND CLOTHING


Article 89 Food ........................................................................................... 198
Article 90 Clothing...................................................................................... 198

CHAPTER IV HYGIENE AND MEDICAL ATTENTION


Article 91 Medical attention ....................................................................... 199
166 CONTENTS

Article 92 Medical inspections ................................................................... 199

CHAPTER V RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES


Article 93 Religious duties .......................................................................... 200
Article 94 Recreation, study, sports and games.......................................... 200
Article 95 Working conditions ................................................................... 201
Article 96 Labour detachments .................................................................. 201

CHAPTER VI PERSONAL PROPERTY AND FINANCIAL RESOURCES


Article 97 Valuables and personal effects ................................................... 202
Article 98 Financial resources and individual accounts ............................ 203

CHAPTER VII ADMINISTRATION AND DISCIPLINE


Article 99 Camp administration.
Posting of the Convention and of orders .................................. 203
Article 100 General discipline ...................................................................... 204
Article 101 Complaints and petitions .......................................................... 204
Article 102 Internee committees: I. Election of members .......................... 204
Article 103 II. Duties..................................................................................... 205
Article 104 III. Prerogatives .......................................................................... 205

CHAPTER VIII RELATIONS WITH THE EXTERIOR


Article 105 Notification of measures taken.................................................. 205
Article 106 Internment card ......................................................................... 206
Article 107 Correspondence......................................................................... 206
Article 108 Relief shipments: I. General principles...................................... 206
Article 109 II. Collective relief ...................................................................... 207
Article 110 III. Exemption from postal and transport charges ................... 207
Article 111 Special means of transport ........................................................ 208
Article 112 Censorship and examination..................................................... 208
Article 113 Execution and transmission of legal documents ...................... 209
Article 114 Management of property........................................................... 209
Article 115 Facilities for preparation and conduct of cases......................... 209
Article 116 Visits........................................................................................... 209

CHAPTER IX PENAL AND DISCIPLINARY SANCTIONS


Article 117 General provisions. Applicable legislation ................................ 209
Article 118 Penalties ..................................................................................... 210
Article 119 Disciplinary punishments.......................................................... 210
Article 120 Escapes ....................................................................................... 210
Article 121 Connected offences.................................................................... 211
Article 122 Investigations. Confinement awaiting hearing.......................... 211
CONTENTS 167

Article 123 Competent authorities. Procedure............................................. 211


Article 124 Premises for disciplinary punishments ..................................... 212
Article 125 Essential safeguards ................................................................... 212
Article 126 Provisions applicable to judicial proceedings ........................... 212

CHAPTER X TRANSFERS OF INTERNEES


Article 127 Conditions.................................................................................. 213
Article 128 Method....................................................................................... 213

CHAPTER XI DEATHS
Article 129 Wills. Death certificates ............................................................. 214
Article 130 Burial. Cremation....................................................................... 214
Article 131 Internees killed or injured in special circumstances................. 215

CHAPTER XII RELEASE, REPATRIATION AND ACCOMMODATION IN


NEUTRAL COUNTRIES
Article 132 During hostilities or occupation ............................................... 215
Article 133 After the close of hostilities ....................................................... 215
Article 134 Repatriation and return to last place of residence .................... 216
Article 135 Costs........................................................................................... 216

SECTION V Information Bureaux and Central Agency


Article 136 National Bureaux ....................................................................... 216
Article 137 Transmission of information ..................................................... 217
Article 138 Particulars required ................................................................... 217
Article 139 Forwarding of personal valuables.............................................. 217
Article 140 Central Agency........................................................................... 218
Article 141 Exemption from charges........................................................... 218

PART IV
Execution of the Convention
SECTION I General Provisions
Article 142 Relief societies and other organizations.................................... 219
Article 143 Supervision ................................................................................ 219
Article 144 Dissemination of the Convention ............................................. 220
Article 145 Translations. Rules of application.............................................. 220
Article 146 Penal sanctions: I. General observations................................... 220
Article 147 II. Grave breaches....................................................................... 221
Article 148 III. Responsibilities of the Contracting Parties ......................... 221
Article 149 Enquiry procedure..................................................................... 221
168 CONTENTS

SECTION II Final Provisions


Article 150 Languages................................................................................... 221
Article 151 Signature .................................................................................... 222
Article 152 Ratification................................................................................. 222
Article 153 Coming into force ...................................................................... 222
Article 154 Relation with the Hague Conventions....................................... 222
Article 155 Accession.................................................................................... 222
Article 156 Notification of accessions .......................................................... 222
Article 157 Immediate effect ........................................................................ 222
Article 158 Denunciation ............................................................................. 223
Article 159 Registration with the United Nations........................................ 223

ANNEX I
Draft Agreement relating to Hospital and Safety Zones and Localities............ 224

ANNEX II
Draft Regulations concerning Collective Relief................................................. 227

ANNEX III
I. Internment Card.............................................................................................. 229
II. Letter .............................................................................................................. 230
III. Correspondence Card .................................................................................. 231
IV
GENEVA CONVENTION
RELATIVE TO THE PROTECTION OF CIVILIAN
PERSONS IN TIME OF WAR OF 12 AUGUST 1949

PART I

GENERAL PROVISIONS

Article 1. The High Contracting Parties undertake to respect Respect


and to ensure respect for the present Convention in all for the
Convention1
circumstances.

ART. 2. In addition to the provisions which shall be Application


implemented in peacetime, the present Convention shall apply to all of the
Convention
cases of declared war or of any other armed conflict which may arise
between two or more of the High Contracting Parties, even if the
state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total
occupation of the territory of a High Contracting Party, even if the
said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the
present Convention, the Powers who are parties thereto shall remain
bound by it in their mutual relations. They shall furthermore be
bound by the Convention in relation to the said Power, if the latter
accepts and applies the provisions thereof.

ART. 3. In the case of armed conflict not of an international Conflicts


character occurring in the territory of one of the High Contracting not of an
international
Parties, each Party to the conflict shall be bound to apply, as a character
minimum, the following provisions:
1) Persons taking no active part in the hostilities, including
members of armed forces who have laid down their arms and
those placed hors de combat by sickness, wounds, detention,
or any other cause, shall in all circumstances be treated

1 The marginal notes or titles of articles have been drafted by the Swiss Federal
Department of Foreign Affairs.
170 FOURTH GENEVA CONVENTION OF 1949

humanely, without any adverse distinction founded on race,


colour, religion or faith, sex, birth or wealth, or any other
similar criteria.
To this end, the following acts are and shall remain prohib-
ited at any time and in any place whatsoever with respect to
the above-mentioned persons:
a) violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
b) taking of hostages;
c) outrages upon personal dignity, in particular humiliating
and degrading treatment;
d) the passing of sentences and the carrying out of
executions without previous judgment pronounced by a
regularly constituted court, affording all the judicial
guarantees which are recognized as indispensable by
civilized peoples.
2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International
Committee of the Red Cross, may offer its services to the Parties to
the conflict.
The Parties to the conflict should further endeavour to bring into
force, by means of special agreements, all or part of the other
provisions of the present Convention.
The application of the preceding provisions shall not affect the
legal status of the Parties to the conflict.

Definition of ART. 4. Persons protected by the Convention are those who at


protected a given moment and in any manner whatsoever, find themselves, in
persons
case of a conflict or occupation, in the hands of persons a Party to
the conflict or Occupying Power of which they are not nationals.
Nationals of a State which is not bound by the Convention are not
protected by it. Nationals of a neutral State who find themselves in
the territory of a belligerent State, and nationals of a co-belligerent
State, shall not be regarded as protected persons while the State of
which they are nationals has normal diplomatic representation in
the State in whose hands they are.
The provisions of Part II are, however, wider in application, as
defined in Article 13.
Persons protected by the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field of August 12, 1949, or by the Geneva Convention
for the Amelioration of the Condition of Wounded, Sick and
Shipwrecked Members of Armed Forces at Sea of August 12, 1949,
PROTECTION OF CIVILIAN PERSONS 171

or by the Geneva Convention relative to the Treatment of Prisoners


of War of August 12, 1949, shall not be considered as protected
persons within the meaning of the present Convention.

ART. 5. Where, in the territory of a Party to the conflict, the Derogations


latter is satisfied that an individual protected person is definitely
suspected of or engaged in activities hostile to the security of the
State, such individual person shall not be entitled to claim such
rights and privileges under the present Convention as would, if
exercised in the favour of such individual person, be prejudicial to
the security of such State.
Where in occupied territory an individual protected person is
detained as a spy or saboteur, or as a person under definite suspicion
of activity hostile to the security of the Occupying Power, such
person shall, in those cases where absolute military security so
requires, be regarded as having forfeited rights of communication
under the present Convention.
In each case, such persons shall nevertheless be treated with
humanity, and in case of trial, shall not be deprived of the rights of
fair and regular trial prescribed by the present Convention. They shall
also be granted the full rights and privileges of a protected person
under the present Convention at the earliest date consistent with the
security of the State or Occupying Power, as the case may be.

ART. 6. The present Convention shall apply from the outset of Beginning
any conflict or occupation mentioned in Article 2. and end of
application
In the territory of Parties to the conflict, the application of the
present Convention shall cease on the general close of military
operations.
In the case of occupied territory, the application of the present
Convention shall cease one year after the general close of military
operations; however, the Occupying Power shall be bound, for the
duration of the occupation, to the extent that such Power exercises
the functions of government in such territory, by the provisions of
the following Articles of the present Convention: 1 to 12, 27, 29 to
34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.
Protected persons whose release, repatriation or re-
establishment may take place after such dates shall meanwhile
continue to benefit by the present Convention.

ART. 7. In addition to the agreements expressly provided for in Special


Articles 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, the High agreements
Contracting Parties may conclude other special agreements for all
matters concerning which they may deem it suitable to make
172 FOURTH GENEVA CONVENTION OF 1949

separate provision. No special agreement shall adversely affect the


situation of protected persons, as defined by the present
Convention, nor restrict the rights which it confers upon them.
Protected persons shall continue to have the benefit of such
agreements as long as the Convention is applicable to them, except
where express provisions to the contrary are contained in the
aforesaid or in subsequent agreements, or where more favourable
measures have been taken with regard to them by one or other of the
Parties to the conflict.

Non- ART. 8. Protected persons may in no circumstances renounce


renunciation in part or in entirety the rights secured to them by the present
of rights
Convention, and by the special agreements referred to in the
foregoing Article, if such there be.

Protecting ART. 9. The present Convention shall be applied with the co-
Powers operation and under the scrutiny of the Protecting Powers whose
duty it is to safeguard the interests of the Parties to the conflict. For
this purpose, the Protecting Powers may appoint, apart from their
diplomatic or consular staff, delegates from amongst their own
nationals or the nationals of other neutral Powers. The said
delegates shall be subject to the approval of the Power with which
they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent
possible the task of the representatives or delegates of the Protecting
Powers.
The representatives or delegates of the Protecting Powers shall
not in any case exceed their mission under the present Convention.
They shall, in particular, take account of the imperative necessities
of security of the State wherein they carry out their duties.

Activities ART. 10. The provisions of the present Convention constitute


of the no obstacle to the humanitarian activities which the International
International
Committee of Committee of the Red Cross or any other impartial humanitarian
the Red Cross organization may, subject to the consent of the Parties to the conflict
concerned, undertake for the protection of civilian persons and for
their relief.

Substitutes ART. 11. The High Contracting Parties may at any time agree
for Protecting to entrust to an international organization which offers all
Powers
guarantees of impartiality and efficacy the duties incumbent on the
Protecting Powers by virtue of the present Convention.
When persons protected by the present Convention do not
benefit or cease to benefit, no matter for what reason, by the
PROTECTION OF CIVILIAN PERSONS 173

activities of a Protecting Power or of an organization provided for in


the first paragraph above, the Detaining Power shall request a
neutral State, or such an organization, to undertake the functions
performed under the present Convention by a Protecting Power
designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining
Power shall request or shall accept, subject to the provisions of this
Article, the offer of the services of a humanitarian organization,
such as the International Committee of the Red Cross, to assume the
humanitarian functions performed by Protecting Powers under the
present Convention.
Any neutral Power or any organization invited by the Power
concerned or offering itself for these purposes, shall be required to
act with a sense of responsibility towards the Party to the conflict on
which persons protected by the present Convention depend, and
shall be required to furnish sufficient assurances that it is in a
position to undertake the appropriate functions and to discharge
them impartially.
No derogation from the preceding provisions shall be made by
special agreements between Powers one of which is restricted, even
temporarily, in its freedom to negotiate with the other Power or its
allies by reason of military events, more particularly where the
whole, or a substantial part, of the territory of the said Power is
occupied.
Whenever in the present Convention mention is made of a
Protecting Power, such mention applies to substitute organizations
in the sense of the present Article.
The provisions of this Article shall extend and be adapted to
cases of nationals of a neutral State who are in occupied territory or
who find themselves in the territory of a belligerent State in which
the State of which they are nationals has not normal diplomatic
representation.

ART. 12. In cases where they deem it advisable in the interest Conciliation
of protected persons, particularly in cases of disagreement between procedure
the Parties to the conflict as to the application or interpretation of
the provisions of the present Convention, the Protecting Powers
shall lend their good offices with a view to settling the
disagreement.
For this purpose, each of the Protecting Powers may, either at the
invitation of one Party or on its own initiative, propose to the
Parties to the conflict a meeting of their representatives, and in
particular of the authorities responsible for protected persons,
possibly on neutral territory suitably chosen. The Parties to the
conflict shall be bound to give effect to the proposals made to them
174 FOURTH GENEVA CONVENTION OF 1949

for this purpose. The Protecting Powers may, if necessary, propose


for approval by the Parties to the conflict, a person belonging to a
neutral Power or delegated by the International Committee of the
Red Cross, who shall be invited to take part in such a meeting.

PART II

GENERAL PROTECTION OF POPULATIONS


AGAINST CERTAIN CONSEQUENCES OF WAR

Field of ART. 13. The provisions of Part II cover the whole of the
application populations of the countries in conflict, without any adverse
of Part II
distinction based, in particular, on race, nationality, religion or
political opinion, and are intended to alleviate the sufferings caused
by war.

Hospital and ART. 14. In time of peace, the High Contracting Parties and,
safety zones after the outbreak of hostilities, the Parties thereto, may establish in
and localities
their own territory and, if the need arises, in occupied areas,
hospital and safety zones and localities so organized as to protect
from the effects of war, wounded, sick and aged persons, children
under fifteen, expectant mothers and mothers of children under
seven.
Upon the outbreak and during the course of hostilities, the
Parties concerned may conclude agreements on mutual recognition
of the zones and localities they have created. They may for this
purpose implement the provisions of the Draft Agreement annexed
to the present Convention, with such amendments as they may
consider necessary.
The Protecting Powers and the International Committee of the
Red Cross are invited to lend their good offices in order to facilitate
the institution and recognition of these hospital and safety zones
and localities.

Neutralized ART. 15. Any Party to the conflict may, either direct or through
zones a neutral State or some humanitarian organization, propose to the
adverse Party to establish, in the regions where fighting is taking
place, neutralized zones intended to shelter from the effects of war
the following persons, without distinction:
a) wounded and sick combatants or non-combatants;
PROTECTION OF CIVILIAN PERSONS 175

b) civilian persons who take no part in hostilities, and who,


while they reside in the zones, perform no work of a military
character.
When the Parties concerned have agreed upon the geographical
position, administration, food supply and supervision of the
proposed neutralized zone, a written agreement shall be concluded
and signed by the representatives of the Parties to the conflict. The
agreement shall fix the beginning and the duration of the
neutralization of the zone.

ART. 16. The wounded and sick, as well as the infirm, and Wounded
expectant mothers, shall be the object of particular protection and and sick
respect. I.
As far as military considerations allow, each Party to the conflict General
shall facilitate the steps taken to search for the killed and wounded, protection
to assist the shipwrecked and other persons exposed to grave
danger, and to protect them against pillage and ill-treatment.

ART. 17. The Parties to the conflict shall endeavour to II.


conclude local agreements for the removal from besieged or Evacuation
encircled areas, of wounded, sick, infirm, and aged persons, children
and maternity cases, and for the passage of ministers of all religions,
medical personnel and medical equipment on their way to such
areas.

ART. 18. Civilian hospitals organized to give care to the III.


wounded and sick, the infirm and maternity cases, may in no Protection
of hospitals
circumstances be the object of attack, but shall at all times be
respected and protected by the Parties to the conflict.
States which are Parties to a conflict shall provide all civilian
hospitals with certificates showing that they are civilian hospitals
and that the buildings which they occupy are not used for any
purpose which would deprive these hospitals of protection in
accordance with Article 19.
Civilian hospitals shall be marked by means of the emblem
provided for in Article 38 of the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field of August 12, 1949, but only if so authorized by
the State.
The Parties to the conflict shall, in so far as military
considerations permit, take the necessary steps to make the
distinctive emblems indicating civilian hospitals clearly visible to
the enemy land, air and naval forces in order to obviate the
possibility of any hostile action.
176 FOURTH GENEVA CONVENTION OF 1949

In view of the dangers to which hospitals may be exposed by


being close to military objectives, it is recommended that such
hospitals be situated as far as possible from such objectives.

IV. ART. 19. The protection to which civilian hospitals are entitled
Discontinu- shall not cease unless they are used to commit, outside their
ance of
protection humanitarian duties, acts harmful to the enemy. Protection may,
of hospitals however, cease only after due warning has been given, naming, in all
appropriate cases, a reasonable time limit, and after such warning
has remained unheeded.
The fact that sick or wounded members of the armed forces are
nursed in these hospitals, or the presence of small arms and
ammunition taken from such combatants and not yet handed to the
proper service, shall not be considered to be acts harmful to the
enemy.

V. ART. 20. Persons regularly and solely engaged in the operation


Hospital staff and administration of civilian hospitals, including the personnel
engaged in the search for, removal and transporting of and caring
for wounded and sick civilians, the infirm and maternity cases, shall
be respected and protected.
In occupied territory and in zones of military operations, the
above personnel shall be recognizable by means of an identity card
certifying their status, bearing the photograph of the holder and
embossed with the stamp of the responsible authority, and also by
means of a stamped, water-resistant armlet which they shall wear on
the left arm while carrying out their duties. This armlet shall be
issued by the State and shall bear the emblem provided for in
Article 38 of the Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field of
August 12, 1949.
Other personnel who are engaged in the operation and
administration of civilian hospitals shall be entitled to respect and
protection and to wear the armlet, as provided in and under the
conditions prescribed in this Article, while they are employed on
such duties. The identity card shall state the duties on which they are
employed.
The management of each hospital shall at all times hold at the
disposal of the competent national or occupying authorities an up-
to-date list of such personnel.

VI. ART. 21. Convoys of vehicles or hospital trains on land or


Land and sea specially provided vessels on sea, conveying wounded and sick
transport
civilians, the infirm and maternity cases, shall be respected and
PROTECTION OF CIVILIAN PERSONS 177

protected in the same manner as the hospitals provided for in


Article 18, and shall be marked, with the consent of the State, by the
display of the distinctive emblem provided for in Article 38 of the
Geneva Convention for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field of August 12, 1949.

ART. 22. Aircraft exclusively employed for the removal of VII.


wounded and sick civilians, the infirm and maternity cases, or for Air transport
the transport of medical personnel and equipment, shall not be
attacked, but shall be respected while flying at heights, times and on
routes specifically agreed upon between all the Parties to the conflict
concerned.
They may be marked with the distinctive emblem provided for in
Article 38 of the Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field of
August 12, 1949.
Unless agreed otherwise, flights over enemy or enemy-occupied
territory are prohibited.
Such aircraft shall obey every summons to land. In the event of a
landing thus imposed, the aircraft with its occupants may continue
its flight after examination, if any.

ART. 23. Each High Contracting Party shall allow the free Consignments
passage of all consignments of medical and hospital stores and of medical
supplies, food
objects necessary for religious worship intended only for civilians of and clothing
another High Contracting Party, even if the latter is its adversary. It
shall likewise permit the free passage of all consignments of
essential foodstuffs, clothing and tonics intended for children under
fifteen, expectant mothers and maternity cases.
The obligation of a High Contracting Party to allow the free
passage of the consignments indicated in the preceding paragraph
is subject to the condition that this Party is satisfied that there are no
serious reasons for fearing:
a) that the consignments may be diverted from their destination,
b) that the control may not be effective, or
c) that a definite advantage may accrue to the military efforts or
economy of the enemy through the substitution of the above-
mentioned consignments for goods which would otherwise
be provided or produced by the enemy or through the release
of such material, services or facilities as would otherwise be
required for the production of such goods.
The Power which allows the passage of the consignments
indicated in the first paragraph of this Article may make such
178 FOURTH GENEVA CONVENTION OF 1949

permission conditional on the distribution to the persons benefited


thereby being made under the local supervision of the Protecting
Powers.
Such consignments shall be forwarded as rapidly as possible, and
the Power which permits their free passage shall have the right to
prescribe the technical arrangements under which such passage is
allowed.

Measures ART. 24. The Parties to the conflict shall take the necessary
relating to measures to ensure that children under fifteen, who are orphaned or
child welfare
are separated from their families as a result of the war, are not left to
their own resources, and that their maintenance, the exercise of their
religion and their education are facilitated in all circumstances.
Their education shall, as far as possible, be entrusted to persons of a
similar cultural tradition.
The Parties to the conflict shall facilitate the reception of such
children in a neutral country for the duration of the conflict with the
consent of the Protecting Power, if any, and under due safeguards for
the observance of the principles stated in the first paragraph.
They shall, furthermore, endeavour to arrange for all children
under twelve to be identified by the wearing of identity discs, or by
some other means.

Family news ART. 25. All persons in the territory of a Party to the conflict,
or in a territory occupied by it, shall be enabled to give news of a
strictly personal nature to members of their families, wherever they
may be, and to receive news from them. This correspondence shall
be forwarded speedily and without undue delay.
If, as a result of circumstances, it becomes difficult or impossible
to exchange family correspondence by the ordinary post, the Parties
to the conflict concerned shall apply to a neutral intermediary, such
as the Central Agency provided for in Article 140, and shall decide
in consultation with it how to ensure the fulfilment of their
obligations under the best possible conditions, in particular with
the co-operation of the National Red Cross (Red Crescent, Red Lion
and Sun) Societies.
If the Parties to the conflict deem it necessary to restrict family
correspondence, such restrictions shall be confined to the
compulsory use of standard forms containing twenty-five freely
chosen words, and to the limitation of the number of these forms
despatched to one each month.

Dispersed ART. 26. Each Party to the conflict shall facilitate enquiries
families made by members of families dispersed owing to the war, with the
PROTECTION OF CIVILIAN PERSONS 179

object of renewing contact with one another and of meeting, if


possible. It shall encourage, in particular, the work of organizations
engaged on this task provided they are acceptable to it and conform
to its security regulations.

PART III

STATUS AND TREATMENT OF PROTECTED PERSONS

SECTION I

PROVISIONS COMMON TO THE TERRITORIES


OF THE PARTIES TO THE CONFLICT
AND TO OCCUPIED TERRITORIES

ART. 27. Protected persons are entitled, in all circumstances, to Treatment


respect for their persons, their honour, their family rights, their
I.
religious convictions and practices, and their manners and customs. General
They shall at all times be humanely treated, and shall be protected observations
especially against all acts of violence or threats thereof and against
insults and public curiosity.
Women shall be especially protected against any attack on their
honour, in particular against rape, enforced prostitution, or any
form of indecent assault.
Without prejudice to the provisions relating to their state of
health, age and sex, all protected persons shall be treated with the
same consideration by the Party to the conflict in whose power they
are, without any adverse distinction based, in particular, on race,
religion or political opinion.
However, the Parties to the conflict may take such measures of
control and security in regard to protected persons as may be
necessary as a result of the war.

ART. 28. The presence of a protected person may not be used II.
to render certain points or areas immune from military operations. Danger zones
180 FOURTH GENEVA CONVENTION OF 1949

III. ART. 29. The Party to the conflict in whose hands protected
Responsibi- persons may be, is responsible for the treatment accorded to them
lities
by its agents, irrespective of any individual responsibility which may
be incurred.

Application ART. 30. Protected persons shall have every facility for making
to Protecting application to the Protecting Powers, the International Committee
Powers and
relief of the Red Cross, the National Red Cross (Red Crescent, Red Lion
organizations and Sun) Society of the country where they may be, as well as to any
organization that might assist them.
These several organizations shall be granted all facilities for that
purpose by the authorities, within the bounds set by military or
security considerations.
Apart from the visits of the delegates of the Protecting Powers
and of the International Committee of the Red Cross, provided for
by Article 143, the Detaining or Occupying Powers shall facilitate as
much as possible visits to protected persons by the representatives
of other organizations whose object is to give spiritual aid or
material relief to such persons.

Prohibition ART. 31. No physical or moral coercion shall be exercised


of coercion against protected persons, in particular to obtain information from
them or from third parties.

Prohibition ART. 32. The High Contracting Parties specifically agree that
of corporal each of them is prohibited from taking any measure of such a
punishment,
torture, etc. character as to cause the physical suffering or extermination of
protected persons in their hands. This prohibition applies not only
to murder, torture, corporal punishment, mutilation and medical or
scientific experiments not necessitated by the medical treatment of
a protected person, but also to any other measures of brutality
whether applied by civilian or military agents.

Individual ART. 33. No protected person may be punished for an offence


responsibility, he or she has not personally committed. Collective penalties and
collective
penalties, likewise all measures of intimidation or of terrorism are prohibited.
pillage, Pillage is prohibited.
reprisals Reprisals against protected persons and their property are
prohibited.

Hostages ART. 34. The taking of hostages is prohibited.


PROTECTION OF CIVILIAN PERSONS 181

SECTION II

ALIENS IN THE TERRITORY


OF A PARTY TO THE CONFLICT

ART. 35. All protected persons who may desire to leave the Right to leave
territory at the outset of, or during a conflict, shall be entitled to do the territory
so, unless their departure is contrary to the national interests of the
State. The applications of such persons to leave shall be decided in
accordance with regularly established procedures and the decision
shall be taken as rapidly as possible. Those persons permitted to
leave may provide themselves with the necessary funds for their
journey and take with them a reasonable amount of their effects and
articles of personal use.
If any such person is refused permission to leave the territory, he
shall be entitled to have such refusal reconsidered as soon as
possible by an appropriate court or administrative board designated
by the Detaining Power for that purpose.
Upon request, representatives of the Protecting Power shall,
unless reasons of security prevent it, or the persons concerned
object, be furnished with the reasons for refusal of any request for
permission to leave the territory and be given, as expeditiously as
possible, the names of all persons who have been denied permission
to leave.

ART. 36. Departures permitted under the foregoing Article Method of


shall be carried out in satisfactory conditions as regards safety, repatriation
hygiene, sanitation and food. All costs in connection therewith,
from the point of exit in the territory of the Detaining Power, shall
be borne by the country of destination, or, in the case of
accommodation in a neutral country, by the Power whose nationals
are benefited. The practical details of such movements may, if
necessary, be settled by special agreements between the Powers
concerned.
The foregoing shall not prejudice such special agreements as may
be concluded between Parties to the conflict concerning the
exchange and repatriation of their nationals in enemy hands.

ART. 37. Protected persons who are confined pending Persons in


proceedings or serving a sentence involving loss of liberty, shall confinement
during their confinement be humanely treated.
As soon as they are released, they may ask to leave the territory in
conformity with the foregoing Articles.
182 FOURTH GENEVA CONVENTION OF 1949

Non- ART. 38. With the exception of special measures authorized by


repatriated the present Convention, in particular by Articles 27 and 41 thereof,
persons
the situation of protected persons shall continue to be regulated, in
I. principle, by the provisions concerning aliens in time of peace. In
General any case, the following rights shall be granted to them:
observations
1) They shall be enabled to receive the individual or collective
relief that may be sent to them.
2) They shall, if their state of health so requires, receive medical
attention and hospital treatment to the same extent as the
nationals of the State concerned.
3) They shall be allowed to practise their religion and to receive
spiritual assistance from ministers of their faith.
4) If they reside in an area particularly exposed to the dangers of
war, they shall be authorized to move from that area to the
same extent as the nationals of the State concerned.
5) Children under fifteen years, pregnant women and mothers
of children under seven years shall benefit by any preferential
treatment to the same extent as the nationals of the State
concerned.

II. ART. 39. Protected persons who, as a result of the war, have lost
Means of their gainful employment, shall be granted the opportunity to find
existence
paid employment. That opportunity shall, subject to security
considerations and to the provisions of Article 40, be equal to that
enjoyed by the nationals of the Power in whose territory they are.
Where a Party to the conflict applies to a protected person
methods of control which result in his being unable to support
himself, and especially if such a person is prevented for reasons of
security from finding paid employment on reasonable conditions,
the said Party shall ensure his support and that of his dependents.
Protected persons may in any case receive allowances from their
home country, the Protecting Power, or the relief societies referred
to in Article 30.

III. ART. 40. Protected persons may be compelled to work only to


Employment the same extent as nationals of the Party to the conflict in whose
territory they are.
If protected persons are of enemy nationality, they may only be
compelled to do work which is normally necessary to ensure the
feeding, sheltering, clothing, transport and health of human beings
and which is not directly related to the conduct of military
operations.
PROTECTION OF CIVILIAN PERSONS 183

In the cases mentioned in the two preceding paragraphs,


protected persons compelled to work shall have the benefit of the
same working conditions and of the same safeguards as national
workers, in particular as regards wages, hours of labour, clothing
and equipment, previous training and compensation for
occupational accidents and diseases.
If the above provisions are infringed, protected persons shall be
allowed to exercise their right of complaint in accordance with
Article 30.

ART. 41. Should the Power in whose hands protected persons IV.
may be consider the measures of control mentioned in the present Assigned
residence.
Convention to be inadequate, it may not have recourse to any other Internment
measure of control more severe than that of assigned residence or
internment, in accordance with the provisions of Articles 42 and 43.
In applying the provisions of Article 39, second paragraph, to the
cases of persons required to leave their usual places of residence by
virtue of a decision placing them in assigned residence elsewhere,
the Detaining Power shall be guided as closely as possible by the
standards of welfare set forth in Part III, Section IV of this
Convention.

ART. 42. The internment or placing in assigned residence of V.


protected persons may be ordered only if the security of the Grounds for
internment
Detaining Power makes it absolutely necessary. or assigned
If any person, acting through the representatives of the residence.
Protecting Power, voluntarily demands internment, and if his Voluntary
situation renders this step necessary, he shall be interned by the internment
Power in whose hands he may be.

ART. 43. Any protected person who has been interned or VI.
placed in assigned residence shall be entitled to have such action Procedure
reconsidered as soon as possible by an appropriate court or
administrative board designated by the Detaining Power for that
purpose. If the internment or placing in assigned residence is
maintained, the court or administrative board shall periodically,
and at least twice yearly, give consideration to his or her case, with a
view to the favourable amendment of the initial decision, if
circumstances permit.
Unless the protected persons concerned object, the Detaining
Power shall, as rapidly as possible, give the Protecting Power the
names of any protected persons who have been interned or
subjected to assigned residence, or who have been released from
internment or assigned residence. The decisions of the courts or
184 FOURTH GENEVA CONVENTION OF 1949

boards mentioned in the first paragraph of the present Article shall


also, subject to the same conditions, be notified as rapidly as
possible to the Protecting Power.

VII. ART. 44. In applying the measures of control mentioned in the


Refugees present Convention, the Detaining Power shall not treat as enemy
aliens exclusively on the basis of their nationality de jure of an
enemy State, refugees who do not, in fact, enjoy the protection of
any government.

VIII. ART. 45. Protected persons shall not be transferred to a Power


Transfer to which is not a party to the Convention.
another
Power This provision shall in no way constitute an obstacle to the
repatriation of protected persons, or to their return to their country
of residence after the cessation of hostilities.
Protected persons may be transferred by the Detaining Power
only to a Power which is a party to the present Convention and after
the Detaining Power has satisfied itself of the willingness and ability
of such transferee Power to apply the present Convention. If
protected persons are transferred under such circumstances,
responsibility for the application of the present Convention rests on
the Power accepting them, while they are in its custody.
Nevertheless, if that Power falls to carry out the provisions of the
present Convention in any important respect, the Power by which
the protected persons were transferred shall, upon being so notified
by the Protecting Power, take effective measures to correct the
situation or shall request the return of the protected persons. Such
request must be complied with.
In no circumstances shall a protected person be transferred to a
country where he or she may have reason to fear persecution for his
or her political opinions or religious beliefs.
The provisions of this Article do not constitute an obstacle to the
extradition, in pursuance of extradition treaties concluded before
the outbreak of hostilities, of protected persons accused of offences
against ordinary criminal law.

Cancellation ART. 46. In so far as they have not been previously withdrawn,
of restrictive restrictive measures taken regarding protected persons shall be
measures
cancelled as soon as possible after the close of hostilities.
Restrictive measures affecting their property shall be cancelled,
in accordance with the law of the Detaining Power, as soon as
possible after the close of hostilities.
PROTECTION OF CIVILIAN PERSONS 185

SECTION III

OCCUPIED TERRITORIES

ART. 47. Protected persons who are in occupied territory shall Inviolability
not be deprived, in any case or in any manner whatsoever, of the of rights
benefits of the present Convention by any change introduced, as the
result of the occupation of a territory, into the institutions or
government of the said territory, nor by any agreement concluded
between the authorities of the occupied territories and the
Occupying Power, nor by any annexation by the latter of the whole
or part of the occupied territory.

ART. 48. Protected persons who are not nationals of the Power Special
whose territory is occupied, may avail themselves of the right to leave cases of
repatriation
the territory subject to the provisions of Article 35, and decisions
thereon shall be taken according to the procedure which the
Occupying Power shall establish in accordance with the said Article.

ART. 49. Individual or mass forcible transfers, as well as Deportations,


deportations of protected persons from occupied territory to the transfers,
evacuations
territory of the Occupying Power or to that of any other country,
occupied or not, are prohibited, regardless of their motive.
Nevertheless, the Occupying Power may undertake total or
partial evacuation of a given area if the security of the population or
imperative military reasons so demand. Such evacuations may not
involve the displacement of protected persons outside the bounds of
the occupied territory except when for material reasons it is
impossible to avoid such displacement. Persons thus evacuated shall
be transferred back to their homes as soon as hostilities in the area
in question have ceased.
The Occupying Power undertaking such transfers or evacuations
shall ensure, to the greatest practicable extent, that proper
accommodation is provided to receive the protected persons, that
the removals are effected in satisfactory conditions of hygiene,
health, safety and nutrition, and that members of the same family
are not separated.
The Protecting Power shall be informed of any transfers and
evacuations as soon as they have taken place.
The Occupying Power shall not detain protected persons in an
area particularly exposed to the dangers of war unless the security
of the population or imperative military reasons so demand.
The Occupying Power shall not deport or transfer parts of its
own civilian population into the territory it occupies.
186 FOURTH GENEVA CONVENTION OF 1949

Children ART. 50. The Occupying Power shall, with the co-operation of
the national and local authorities, facilitate the proper working of all
institutions devoted to the care and education of children.
The Occupying Power shall take all necessary steps to facilitate
the identification of children and the registration of their parentage.
It may not, in any case, change their personal status, nor enlist them
in formations or organizations subordinate to it.
Should the local institutions be inadequate for the purpose, the
Occupying Power shall make arrangements for the maintenance
and education, if possible by persons of their own nationality,
language and religion, of children who are orphaned or separated
from their parents as a result of the war and who cannot be
adequately cared for by a near relative or friend.
A special section of the Bureau set up in accordance with
Article 136 shall be responsible for taking all necessary steps to
identify children whose identity is in doubt. Particulars of their
parents or other near relatives should always be recorded if available.
The Occupying Power shall not hinder the application of any
preferential measures in regard to food, medical care and protection
against the effects of war, which may have been adopted prior to the
occupation in favour of children under fifteen years, expectant
mothers, and mothers of children under seven years.
Enlistment. ART. 51. The Occupying Power may not compel protected
Labour persons to serve in its armed or auxiliary forces. No pressure or propa-
ganda which aims at securing voluntary enlistment is permitted.
The Occupying Power may not compel protected persons to work
unless they are over eighteen years of age, and then only on work
which is necessary either for the needs of the army of occupation, or
for the public utility services, or for the feeding, sheltering, clothing,
transportation or health of the population of the occupied country.
Protected persons may not be compelled to undertake any work
which would involve them in the obligation of taking part in military
operations. The Occupying Power may not compel protected persons
to employ forcible means to ensure the security of the installations
where they are performing compulsory labour.
The work shall be carried out only in the occupied territory
where the persons whose services have been requisitioned are.
Every such person shall, so far as possible, be kept in his usual place
of employment. Workers shall be paid a fair wage and the work shall
be proportionate to their physical and intellectual capacities. The
legislation in force in the occupied country concerning working
conditions, and safeguards as regards, in particular, such matters as
wages, hours of work, equipment, preliminary training and
compensation for occupational accidents and diseases, shall be
PROTECTION OF CIVILIAN PERSONS 187

applicable to the protected persons assigned to the work referred to


in this Article.
In no case shall requisition of labour lead to a mobilization of
workers in an organization of a military or semi-military character.

ART. 52. No contract, agreement or regulation shall impair the Protection


right of any worker, whether voluntary or not and wherever he may of workers
be, to apply to the representatives of the Protecting Power in order
to request the said Powers intervention.
All measures aiming at creating unemployment or at restricting the
opportunities offered to workers in an occupied territory, in order to
induce them to work for the Occupying Power, are prohibited.

ART. 53. Any destruction by the Occupying Power of real or Prohibited


personal property belonging individually or collectively to private destruction
persons, or to the State, or to other public authorities, or to social or
co-operative organizations, is prohibited, except where such
destruction is rendered absolutely necessary by military operations.

ART. 54. The Occupying Power may not alter the status of Judges
public officials or judges in the occupied territories, or in any way and public
officials
apply sanctions to or take any measures of coercion or
discrimination against them, should they abstain from fulfilling
their functions for reasons of conscience.
This prohibition does not prejudice the application of the second
paragraph of Article 51. It does not affect the right of the Occupying
Power to remove public officials from their posts.

ART. 55. To the fullest extent of the means available to it, the Food
Occupying Power has the duty of ensuring the food and medical and medical
supplies
supplies of the population; it should, in particular, bring in the for the
necessary foodstuffs, medical stores and other articles if the population
resources of the occupied territory are inadequate.
The Occupying Power may not requisition foodstuffs, articles or
medical supplies available in the occupied territory, except for use
by the occupation forces and administration personnel, and then
only if the requirements of the civilian population have been taken
into account. Subject to the provisions of other international
Conventions, the Occupying Power shall make arrangements to
ensure that fair value is paid for any requisitioned goods.
The Protecting Power shall, at any time, be at liberty to verify the
state of the food and medical supplies in occupied territories, except
where temporary restrictions are made necessary by imperative
military requirements.
188 FOURTH GENEVA CONVENTION OF 1949

Hygiene and ART. 56. To the fullest extent of the means available to it, the
public health Occupying Power has the duty of ensuring and maintaining, with
the co-operation of national and local authorities, the medical and
hospital establishments and services, public health and hygiene in
the occupied territory, with particular reference to the adoption and
application of the prophylactic and preventive measures necessary
to combat the spread of contagious diseases and epidemics. Medical
personnel of all categories shall be allowed to carry out their duties.
If new hospitals are set up in occupied territory and if the
competent organs of the occupied State are not operating there, the
occupying authorities shall, if necessary, grant them the recognition
provided for in Article 18. In similar circumstances, the occupying
authorities shall also grant recognition to hospital personnel and
transport vehicles under the provisions of Articles 20 and 21.
In adopting measures of health and hygiene and in their
implementation, the Occupying Power shall take into consideration
the moral and ethical susceptibilities of the population of the
occupied territory.

Requisition ART. 57. The Occupying Power may requisition civilian


of hospitals hospitals only temporarily and only in cases of urgent necessity for
the care of military wounded and sick, and then on condition that
suitable arrangements are made in due time for the care and
treatment of the patients and for the needs of the civilian population
for hospital accommodation.
The material and stores of civilian hospitals cannot be
requisitioned so long as they are necessary for the needs of the
civilian population.

Spiritual ART. 58. The Occupying Power shall permit ministers of


assistance religion to give spiritual assistance to the members of their religious
communities.
The Occupying Power shall also accept consignments of books
and articles required for religious needs and shall facilitate their
distribution in occupied territory.

Relief ART. 59. If the whole or part of the population of an occupied


territory is inadequately supplied, the Occupying Power shall agree
I.
Collective to relief schemes on behalf of the said population, and shall facilitate
relief them by all the means at its disposal.
Such schemes, which may be undertaken either by States or by
impartial humanitarian organizations such as the International
Committee of the Red Cross, shall consist, in particular, of the pro-
vision of consignments of foodstuffs, medical supplies and clothing.
PROTECTION OF CIVILIAN PERSONS 189

All Contracting Parties shall permit the free passage of these


consignments and shall guarantee their protection.
A Power granting free passage to consignments on their way to
territory occupied by an adverse Party to the conflict shall, however,
have the right to search the consignments, to regulate their passage
according to prescribed times and routes, and to be reasonably
satisfied through the Protecting Power that these consignments are
to be used for the relief of the needy population and are not to be
used for the benefit of the Occupying Power.

ART. 60. Relief consignments shall in no way relieve the II.


Occupying Power of any of its responsibilities under Articles 55, 56 Responsibi-
lities of the
and 59. The Occupying Power shall in no way whatsoever divert relief Occupying
consignments from the purpose for which they are intended, except Power
in cases of urgent necessity, in the interests of the population of the
occupied territory and with the consent of the Protecting Power.

ART. 61. The distribution of the relief consignments referred III.


to in the foregoing Articles shall be carried out with the co- Distribution
operation and under the supervision of the Protecting Power. This
duty may also be delegated, by agreement between the Occupying
Power and the Protecting Power, to a neutral Power, to the
International Committee of the Red Cross or to any other impartial
humanitarian body.
Such consignments shall be exempt in occupied territory from all
charges, taxes or customs duties unless these are necessary in the
interests of the economy of the territory. The Occupying Power shall
facilitate the rapid distribution of these consignments.
All Contracting Parties shall endeavour to permit the transit and
transport, free of charge, of such relief consignments on their way to
occupied territories.

ART. 62. Subject to imperative reasons of security, protected IV.


persons in occupied territories shall be permitted to receive the Individual
relief
individual relief consignments sent to them.

ART. 63. Subject to temporary and exceptional measures National


imposed for urgent reasons of security by the Occupying Power: Red Cross
and other
a) recognized National Red Cross (Red Crescent, Red Lion and relief
Sun) Societies shall be able to pursue their activities in societies
accordance with Red Cross Principles, as defined by the
International Red Cross Conferences. Other relief societies
shall be permitted to continue their humanitarian activities
under similar conditions;
190 FOURTH GENEVA CONVENTION OF 1949

b) the Occupying Power may not require any changes in the


personnel or structure of these societies, which would
prejudice the aforesaid activities.
The same principles shall apply to the activities and personnel of
special organizations of a non-military character, which already
exist or which may be established, for the purpose of ensuring the
living conditions of the civilian population by the maintenance of
the essential public utility services, by the distribution of relief and
by the organization of rescues.

Penal ART. 64. The penal laws of the occupied territory shall remain
legislation in force, with the exception that they may be repealed or suspended
I. by the Occupying Power in cases where they constitute a threat to its
General security or an obstacle to the application of the present Convention.
observations Subject to the latter consideration and to the necessity for ensuring
the effective administration of justice, the tribunals of the occupied
territory shall continue to function in respect of all offences covered
by the said laws.
The Occupying Power may, however, subject the population of
the occupied territory to provisions which are essential to enable the
Occupying Power to fulfil its obligations under the present
Convention, to maintain the orderly government of the territory,
and to ensure the security of the Occupying Power, of the members
and property of the occupying forces or administration, and
likewise of the establishments and lines of communication used by
them.

II. ART. 65. The penal provisions enacted by the Occupying


Publication Power shall not come into force before they have been published
and brought to the knowledge of the inhabitants in their own
language. The effect of these penal provisions shall not be
retroactive.

III. ART. 66. In case of a breach of the penal provisions


Competent promulgated by it by virtue of the second paragraph of Article 64,
courts
the Occupying Power may hand over the accused to its properly
constituted, non-political military courts, on condition that the said
courts sit in the occupied country. Courts of appeal shall preferably
sit in the occupied country.

IV. ART. 67. The courts shall apply only those provisions of law
Applicable which were applicable prior to the offence, and which are in
provisions
accordance with general principles of law, in particular the principle
that the penalty shall be proportionate to the offence. They shall
PROTECTION OF CIVILIAN PERSONS 191

take into consideration the fact that the accused is not a national of
the Occupying Power.

ART. 68. Protected persons who commit an offence which is V.


solely intended to harm the Occupying Power, but which does not Penalties.
Death
constitute an attempt on the life or limb of members of the penalty
occupying forces or administration, nor a grave collective danger,
nor seriously damage the property of the occupying forces or
administration or the installations used by them, shall be liable to
internment or simple imprisonment, provided the duration of such
internment or imprisonment is proportionate to the offence
committed. Furthermore, internment or imprisonment shall, for
such offences, be the only measure adopted for depriving protected
persons of liberty. The courts provided for under Article 66 of the
present Convention may at their discretion convert a sentence of
imprisonment to one of internment for the same period.
The penal provisions promulgated by the Occupying Power in
accordance with Articles 64 and 65 may impose the death penalty
on a protected person only in cases where the person is guilty of
espionage, of serious acts of sabotage against the military
installations of the Occupying Power or of intentional offences
which have caused the death of one or more persons, provided that
such offences were punishable by death under the law of the
occupied territory in force before the occupation began.
The death penalty may not be pronounced against a protected
person unless the attention of the court has been particularly called
to the fact that since the accused is not a national of the Occupying
Power, he is not bound to it by any duty of allegiance.
In any case, the death penalty may not be pronounced against a
protected person who was under eighteen years of age at the time of
the offence.

ART. 69. In all cases, the duration of the period during which VI.
a protected person accused of an offence is under arrest awaiting Deduction
from
trial or punishment shall be deducted from any period of sentence of
imprisonment awarded. period spent
under arrest
ART. 70. Protected persons shall not be arrested, prosecuted or VII.
convicted by the Occupying Power for acts committed or for Offences
committed
opinions expressed before the occupation, or during a temporary before
interruption thereof, with the exception of breaches of the laws and occupation
customs of war.
Nationals of the Occupying Power who, before the outbreak of
hostilities, have sought refuge in the territory of the occupied State,
192 FOURTH GENEVA CONVENTION OF 1949

shall not be arrested, prosecuted, convicted or deported from the


occupied territory, except for offences committed after the outbreak
of hostilities, or for offences under common law committed before
the outbreak of hostilities which, according to the law of the
occupied State, would have justified extradition in time of peace.

Penal ART. 71. No sentence shall be pronounced by the competent


procedure courts of the Occupying Power except after a regular trial.
I. Accused persons who are prosecuted by the Occupying Power
General shall be promptly informed, in writing, in a language which they
observations understand, of the particulars of the charges preferred against them,
and shall be brought to trial as rapidly as possible. The Protecting
Power shall be informed of all proceedings instituted by the
Occupying Power against protected persons in respect of charges
involving the death penalty or imprisonment for two years or more;
it shall be enabled, at any time, to obtain information regarding the
state of such proceedings. Furthermore, the Protecting Power shall
be entitled, on request, to be furnished with all particulars of these
and of any other proceedings instituted by the Occupying Power
against protected persons.
The notification to the Protecting Power, as provided for in the
second paragraph above, shall be sent immediately, and shall in any
case reach the Protecting Power three weeks before the date of the
first hearing. Unless, at the opening of the trial, evidence is
submitted that the provisions of this Article are fully complied with,
the trial shall not proceed. The notification shall include the
following particulars:
a) description of the accused;
b) place of residence or detention;
c) specification of the charge or charges (with mention of the
penal provisions under which it is brought);
d) designation of the court which will hear the case;
e) place and date of the first hearing.

II. ART. 72. Accused persons shall have the right to present
Right of evidence necessary to their defence and may, in particular, call
defence
witnesses. They shall have the right to be assisted by a qualified
advocate or counsel of their own choice, who shall be able to visit
them freely and shall enjoy the necessary facilities for preparing the
defence.
Failing a choice by the accused, the Protecting Power may
provide him with an advocate or counsel. When an accused person
PROTECTION OF CIVILIAN PERSONS 193

has to meet a serious charge and the Protecting Power is not


functioning, the Occupying Power, subject to the consent of the
accused, shall provide an advocate or counsel.
Accused persons shall, unless they freely waive such assistance,
be aided by an interpreter, both during preliminary investigation
and during the hearing in court. They shall have the right at any
time to object to the interpreter and to ask for his replacement.

ART. 73. A convicted person shall have the right of appeal III.
provided for by the laws applied by the court. He shall be fully Right of
appeal
informed of his right to appeal or petition and of the time limit
within which he may do so.
The penal procedure provided in the present Section shall apply,
as far as it is applicable, to appeals. Where the laws applied by the
court make no provision for appeals, the convicted person shall
have the right to petition against the finding and sentence to the
competent authority of the Occupying Power.

ART. 74. Representatives of the Protecting Power shall have the IV.
right to attend the trial of any protected person, unless the hearing Assistance
by the
has, as an exceptional measure, to be held in camera in the interests Protecting
of the security of the Occupying Power, which shall then notify the Power
Protecting Power. A notification in respect of the date and place of
trial shall be sent to the Protecting Power.
Any judgment involving a sentence of death, or imprisonment for
two years or more, shall be communicated, with the relevant
grounds, as rapidly as possible to the Protecting Power. The
notification shall contain a reference to the notification made under
Article 71, and, in the case of sentences of imprisonment, the name
of the place where the sentence is to be served. A record of
judgments other than those referred to above shall be kept by the
court and shall be open to inspection by representatives of the
Protecting Power. Any period allowed for appeal in the case of
sentences involving the death penalty, or imprisonment of two years
or more, shall not run until notification of judgment has been
received by the Protecting Power.

ART. 75. In no case shall persons condemned to death be V.


deprived of the right of petition for pardon or reprieve. Death
sentence
No death sentence shall be carried out before the expiration of a
period of at least six months from the date of receipt by the
Protecting Power of the notification of the final judgment
confirming such death sentence, or of an order denying pardon or
reprieve.
194 FOURTH GENEVA CONVENTION OF 1949

The six months period of suspension of the death sentence


herein prescribed may be reduced in individual cases in
circumstances of grave emergency involving an organized threat to
the security of the Occupying Power or its forces, provided always
that the Protecting Power is notified of such reduction and is given
reasonable time and opportunity to make representations to the
competent occupying authorities in respect of such death sentences.

Treatment ART. 76. Protected persons accused of offences shall be


of detainees detained in the occupied country, and if convicted they shall serve
their sentences therein. They shall, if possible, be separated from
other detainees and shall enjoy conditions of food and hygiene
which will be sufficient to keep them in good health, and which will
be at least equal to those obtaining in prisons in the occupied
country.
They shall receive the medical attention required by their state of
health.
They shall also have the right to receive any spiritual assistance
which they may require.
Women shall be confined in separate quarters and shall be under
the direct supervision of women.
Proper regard shall be paid to the special treatment due to
minors.
Protected persons who are detained shall have the right to be
visited by delegates of the Protecting Power and of the International
Committee of the Red Cross, in accordance with the provisions of
Article 143.
Such persons shall have the right to receive at least one relief
parcel monthly.

Handing over ART. 77. Protected persons who have been accused of offences
of detainees or convicted by the courts in occupied territory, shall be handed
at the close of
occupation over at the close of occupation, with the relevant records, to the
authorities of the liberated territory.

Security ART. 78. If the Occupying Power considers it necessary, for


measures. imperative reasons of security, to take safety measures concerning
Internment
and assigned protected persons, it may, at the most, subject them to assigned
residence. residence or to internment.
Right of Decisions regarding such assigned residence or internment shall
appeal be made according to a regular procedure to be prescribed by the
Occupying Power in accordance with the provisions of the present
Convention. This procedure shall include the right of appeal for the
parties concerned. Appeals shall be decided with the least possible
PROTECTION OF CIVILIAN PERSONS 195

delay. In the event of the decision being upheld, it shall be subject to


periodical review, if possible every six months, by a competent body
set up by the said Power.
Protected persons made subject to assigned residence and thus
required to leave their homes shall enjoy the full benefit of Article 39
of the present Convention.

SECTION IV

REGULATIONS FOR THE TREATMENT


OF INTERNEES

CHAPTER I

General Provisions

ART. 79. The Parties to the conflict shall not intern protected Cases of
persons, except in accordance with the provisions of Articles 41, 42, internment
and applicable
43, 68 and 78. provisions

ART. 80. Internees shall retain their full civil capacity and shall Civil capacity
exercise such attendant rights as may be compatible with their
status.

ART. 81. Parties to the conflict who intern protected persons Maintenance
shall be bound to provide free of charge for their maintenance, and
to grant them also the medical attention required by their state of
health.
No deduction from the allowances, salaries or credits due to the
internees shall be made for the repayment of these costs.
The Detaining Power shall provide for the support of those
dependent on the internees, if such dependents are without
adequate means of support or are unable to earn a living.

ART. 82. The Detaining Power shall, as far as possible, Grouping


accommodate the internees according to their nationality, language of internees
196 FOURTH GENEVA CONVENTION OF 1949

and customs. Internees who are nationals of the same country shall
not be separated merely because they have different languages.
Throughout the duration of their internment, members of the
same family, and in particular parents and children, shall be lodged
together in the same place of internment, except when separation of
a temporary nature is necessitated for reasons of employment or
health or for the purposes of enforcement of the provisions of
Chapter IX of the present Section. Internees may request that their
children who are left at liberty without parental care shall be
interned with them.
Wherever possible, interned members of the same family shall be
housed in the same premises and given separate accommodation
from other internees, together with facilities for leading a proper
family life.

CHAPTER II

Places of Internment

Location ART. 83. The Detaining Power shall not set up places of
of places of internment in areas particularly exposed to the dangers of war.
internment.
Marking The Detaining Power shall give the enemy Powers, through the
of camps intermediary of the Protecting Powers, all useful information
regarding the geographical location of places of internment.
Whenever military considerations permit, internment camps
shall be indicated by the letters IC, placed so as to be clearly visible
in the daytime from the air. The Powers concerned may, however,
agree upon any other system of marking. No place other than an
internment camp shall be marked as such.

Separate ART. 84. Internees shall be accommodated and administered


internment separately from prisoners of war and from persons deprived of
liberty for any other reason.

Accommoda- ART. 85. The Detaining Power is bound to take all necessary
tion, hygiene and possible measures to ensure that protected persons shall, from
the outset of their internment, be accommodated in buildings or
quarters which afford every possible safeguard as regards hygiene
and health, and provide efficient protection against the rigours of
the climate and the effects of the war. In no case shall permanent
places of internment be situated in unhealthy areas or in districts
PROTECTION OF CIVILIAN PERSONS 197

the climate of which is injurious to the internees. In all cases where


the district, in which a protected person is temporarily interned, is
in an unhealthy area or has a climate which is harmful to his health,
he shall be removed to a more suitable place of internment as
rapidly as circumstances permit.
The premises shall be fully protected from dampness, adequately
heated and lighted, in particular between dusk and lights out. The
sleeping quarters shall be sufficiently spacious and well ventilated,
and the internees shall have suitable bedding and sufficient
blankets, account being taken of the climate, and the age, sex, and
state of health of the internees.
Internees shall have for their use, day and night, sanitary
conveniences which conform to the rules of hygiene and are
constantly maintained in a state of cleanliness. They shall be
provided with sufficient water and soap for their daily personal
toilet and for washing their personal laundry; installations and
facilities necessary for this purpose shall be granted to them.
Showers or baths shall also be available. The necessary time shall be
set aside for washing and for cleaning.
Whenever it is necessary, as an exceptional and temporary
measure, to accommodate women internees who are not members
of a family unit in the same place of internment as men, the
provision of separate sleeping quarters and sanitary conveniences
for the use of such women internees shall be obligatory.

ART. 86. The Detaining Power shall place at the disposal of Premises
interned persons, of whatever denomination, premises suitable for for religions
services
the holding of their religious services.

ART. 87. Canteens shall be installed in every place of Canteens


internment, except where other suitable facilities are available. Their
purpose shall be to enable internees to make purchases, at prices not
higher than local market prices, of foodstuffs and articles of
everyday use, including soap and tobacco, such as would increase
their personal well-being and comfort.
Profits made by canteens shall be credited to a welfare fund to be
set up for each place of internment, and administered for the benefit
of the internees attached to such place of internment. The Internee
Committee provided for in Article 102 shall have the right to check
the management of the canteen and of the said fund.
When a place of internment is closed down, the balance of the
welfare fund shall be transferred to the welfare fund of a place of
internment for internees of the same nationality, or, if such a place
does not exist, to a central welfare fund which shall be administered
198 FOURTH GENEVA CONVENTION OF 1949

for the benefit of all internees remaining in the custody of the


Detaining Power. In case of a general release, the said profits shall be
kept by the Detaining Power, subject to any agreement to the
contrary between the Powers concerned.

Air raid ART. 88. In all places of internment exposed to air raids and
shelters. other hazards of war, shelters adequate in number and structure to
Protective
measures ensure the necessary protection shall be installed. In case of alarms,
the internees shall be free to enter such shelters as quickly as
possible, excepting those who remain for the protection of their
quarters against the aforesaid hazards. Any protective measures
taken in favour of the population shall also apply to them.
All due precautions must be taken in places of internment against
the danger of fire.

CHAPTER III

Food and Clothing

Food ART. 89. Daily food rations for internees shall be sufficient in
quantity, quality and variety to keep internees in a good state of
health and prevent the development of nutritional deficiencies.
Account shall also be taken of the customary diet of the internees.
Internees shall also be given the means by which they can prepare
for themselves any additional food in their possession.
Sufficient drinking water shall be supplied to internees. The use
of tobacco shall be permitted.
Internees who work shall receive additional rations in proportion
to the kind of labour which they perform.
Expectant and nursing mothers and children under fifteen years
of age shall be given additional food, in proportion to their
physiological needs.

Clothing ART. 90. When taken into custody, internees shall be given all
facilities to provide themselves with the necessary clothing,
footwear and change of underwear, and later on, to procure further
supplies if required. Should any internees not have sufficient
clothing, account being taken of the climate, and be unable to
procure any, it shall be provided free of charge to them by the
Detaining Power.
PROTECTION OF CIVILIAN PERSONS 199

The clothing supplied by the Detaining Power to internees and


the outward markings placed on their own clothes shall not be
ignominious nor expose them to ridicule.
Workers shall receive suitable working outfits, including
protective clothing, whenever the nature of their work so requires.

CHAPTER IV

Hygiene and Medical Attention

ART. 91. Every place of internment shall have an adequate Medical


infirmary, under the direction of a qualified doctor, where internees attention
may have the attention they require, as well as an appropriate diet.
Isolation wards shall be set aside for cases of contagious or mental
diseases.
Maternity cases and internees suffering from serious diseases, or
whose condition requires special treatment, a surgical operation or
hospital care, must be admitted to any institution where adequate
treatment can be given and shall receive care not inferior to that
provided for the general population.
Internees shall, for preference, have the attention of medical
personnel of their own nationality.
Internees may not be prevented from presenting themselves to
the medical authorities for examination. The medical authorities of
the Detaining Power shall, upon request, issue to every internee who
has undergone treatment an official certificate showing the nature
of his illness or injury, and the duration and nature of the treatment
given. A duplicate of this certificate shall be forwarded to the
Central Agency provided for in Article 140.
Treatment, including the provision of any apparatus necessary
for the maintenance of internees in good health, particularly
dentures and other artificial appliances and spectacles, shall be free
of charge to the internee.

ART. 92. Medical inspections of internees shall be made at Medical


least once a month. Their purpose shall be, in particular, to inspections
supervise the general state of health, nutrition and cleanliness of
internees, and to detect contagious diseases, especially tuberculosis,
malaria, and venereal diseases. Such inspections shall include, in
particular, the checking of weight of each internee and, at least once
a year, radioscopic examination.
200 FOURTH GENEVA CONVENTION OF 1949

CHAPTER V

Religious, Intellectual and Physical Activities

Religious ART. 93. Internees shall enjoy complete latitude in the exercise
duties of their religious duties, including attendance at the services of their
faith, on condition that they comply with the disciplinary routine
prescribed by the detaining authorities.
Ministers of religion who are interned shall be allowed to minister
freely to the members of their community. For this purpose, the
Detaining Power shall ensure their equitable allocation amongst the
various places of internment in which there are internees speaking
the same language and belonging to the same religion. Should such
ministers be too few in number, the Detaining Power shall provide
them with the necessary facilities, including means of transport, for
moving from one place to another, and they shall be authorized to
visit any internees who are in hospital. Ministers of religion shall be
at liberty to correspond on matters concerning their ministry with
the religious authorities in the country of detention and, as far as
possible, with the international religious organizations of their faith.
Such correspondence shall not be considered as forming a part of the
quota mentioned in Article 107. It shall, however, be subject to the
provisions of Article 112.
When internees do not have at their disposal the assistance of
ministers of their faith, or should these latter be too few in number,
the local religious authorities of the same faith may appoint, in
agreement with the Detaining Power, a minister of the internees
faith or, if such a course is feasible from a denominational point of
view, a minister of similar religion or a qualified layman. The latter
shall enjoy the facilities granted to the ministry he has assumed.
Persons so appointed shall comply with all regulations laid down by
the Detaining Power in the interests of discipline and security.

Recreation, ART. 94. The Detaining Power shall encourage intellectual,


study, sports educational and recreational pursuits, sports and games amongst
and games
internees, whilst leaving them free to take part in them or not. It
shall take all practicable measures to ensure the exercise thereof, in
particular by providing suitable premises.
All possible facilities shall be granted to internees to continue
their studies or to take up new subjects. The education of children
and young people shall be ensured; they shall be allowed to attend
schools either within the place of internment or outside.
Internees shall be given opportunities for physical exercise,
sports and outdoor games. For this purpose, sufficient open spaces
PROTECTION OF CIVILIAN PERSONS 201

shall be set aside in all places of internment. Special playgrounds


shall be reserved for children and young people.

ART. 95. The Detaining Power shall not employ internees as Working
workers, unless they so desire. Employment which, if undertaken conditions
under compulsion by a protected person not in internment, would
involve a breach of Articles 40 or 51 of the present Convention, and
employment on work which is of a degrading or humiliating
character are in any case prohibited.
After a working period of six weeks, internees shall be free to give
up work at any moment, subject to eight days notice.
These provisions constitute no obstacle to the right of the
Detaining Power to employ interned doctors, dentists and other
medical personnel in their professional capacity on behalf of their
fellow internees, or to employ internees for administrative and
maintenance work in places of internment and to detail such
persons for work in the kitchens or for other domestic tasks, or to
require such persons to undertake duties connected with the
protection of internees against aerial bombardment or other war
risks. No internee may, however, be required to perform tasks for
which he is, in the opinion of a medical officer, physically unsuited.
The Detaining Power shall take entire responsibility for all
working conditions, for medical attention, for the payment of
wages, and for ensuring that all employed internees receive
compensation for occupational accidents and diseases. The
standards prescribed for the said working conditions and for
compensation shall be in accordance with the national laws and
regulations, and with the existing practice; they shall in no case be
inferior to those obtaining for work of the same nature in the same
district. Wages for work done shall be determined on an equitable
basis by special agreements between the internees, the Detaining
Power, and, if the case arises, employers other than the Detaining
Power, due regard being paid to the obligation of the Detaining
Power to provide for free maintenance of internees and for the
medical attention which their state of health may require. Internees
permanently detailed for categories of work mentioned in the third
paragraph of this Article shall be paid fair wages by the Detaining
Power. The working conditions and the scale of compensation for
occupational accidents and diseases to internees, thus detailed, shall
not be inferior to those applicable to work of the same nature in the
same district.

ART. 96. All labour detachments shall remain part of and Labour
dependent upon a place of internment. The competent authorities detachments
202 FOURTH GENEVA CONVENTION OF 1949

of the Detaining Power and the commandant of a place of


internment shall be responsible for the observance in a labour
detachment of the provisions of the present Convention. The
commandant shall keep an up-to-date list of the labour
detachments subordinate to him and shall communicate it to the
delegates of the Protecting Power, of the International Committee of
the Red Cross and of other humanitarian organizations who may
visit the places of internment.

CHAPTER VI

Personal Property and Financial Resources

Valuables ART. 97. Internees shall be permitted to retain articles of


and personal personal use. Monies, cheques, bonds, etc., and valuables in their
effects
possession may not be taken from them except in accordance with
established procedure. Detailed receipts shall be given therefor.
The amounts shall be paid into the account of every internee as
provided for in Article 98. Such amounts may not be converted into
any other currency unless legislation in force in the territory in
which the owner is interned so requires or the internee gives his
consent.
Articles which have above all a personal or sentimental value may
not be taken away.
A woman internee shall not be searched except by a woman.
On release or repatriation, internees shall be given all articles,
monies or other valuables taken from them during internment and
shall receive in currency the balance of any credit to their accounts
kept in accordance with Article 98, with the exception of any articles
or amounts withheld by the Detaining Power by virtue of its
legislation in force. If the property of an internee is so withheld, the
owner shall receive a detailed receipt.
Family or identity documents in the possession of internees may
not be taken away without a receipt being given. At no time shall
internees be left without identity documents. If they have none, they
shall be issued with special documents drawn up by the detaining
authorities, which will serve as their identity papers until the end of
their internment.
Internees may keep on their persons a certain amount of money,
in cash or in the shape of purchase coupons, to enable them to make
purchases.
PROTECTION OF CIVILIAN PERSONS 203

ART. 98. All internees shall receive regular allowances, Financial


sufficient to enable them to purchase goods and articles, such as resources and
individual
tobacco, toilet requisites, etc. Such allowances may take the form of accounts
credits or purchase coupons.
Furthermore, internees may receive allowances from the Power
to which they owe allegiance, the Protecting Powers, the
organizations which may assist them, or their families, as well as the
income on their property in accordance with the law of the
Detaining Power. The amount of allowances granted by the Power to
which they owe allegiance shall be the same for each category of
internees (infirm, sick, pregnant women, etc.), but may not be
allocated by that Power or distributed by the Detaining Power on
the basis of discriminations between internees which are prohibited
by Article 27 of the present Convention.
The Detaining Power shall open a regular account for every
internee, to which shall be credited the allowances named in the
present Article, the wages earned and the remittances received,
together with such sums taken from him as may be available under
the legislation in force in the territory in which he is interned.
Internees shall be granted all facilities consistent with the legislation
in force in such territory to make remittances to their families and to
other dependants. They may draw from their accounts the amounts
necessary for their personal expenses, within the limits fixed by the
Detaining Power. They shall at all times be afforded reasonable
facilities for consulting and obtaining copies of their accounts. A
statement of accounts shall be furnished to the Protecting Power on
request, and shall accompany the internee in case of transfer.

CHAPTER VII

Administration and Discipline

ART. 99. Every place of internment shall be put under the Camp
authority of a responsible officer, chosen from the regular military administra-
tion.
forces or the regular civil administration of the Detaining Power. Posting of the
The officer in charge of the place of internment must have in his Convention
possession a copy of the present Convention in the official language, and of orders
or one of the official languages, of his country and shall be
responsible for its application. The staff in control of internees shall
be instructed in the provisions of the present Convention and of the
administrative measures adopted to ensure its application.
204 FOURTH GENEVA CONVENTION OF 1949

The text of the present Convention and the texts of special


agreements concluded under the said Convention shall be posted
inside the place of internment, in a language which the internees
understand, or shall be in the possession of the Internee Committee.
Regulations, orders, notices and publications of every kind shall
be communicated to the internees and posted inside the places of
internment, in a language which they understand.
Every order and command addressed to internees individually
must likewise be given in a language which they understand.

General ART. 100. The disciplinary regime in places of internment


discipline shall be consistent with humanitarian principles, and shall in no
circumstances include regulations imposing on internees any
physical exertion dangerous to their health or involving physical or
moral victimization. Identification by tattooing or imprinting signs
or markings on the body, is prohibited.
In particular, prolonged standing and roll-calls, punishment
drill, military drill and manuvres, or the reduction of food
rations, are prohibited.

Complaints ART. 101. Internees shall have the right to present to the
and petitions authorities in whose power they are, any petition with regard to the
conditions of internment to which they are subjected.
They shall also have the right to apply without restriction
through the Internee Committee or, if they consider it necessary,
direct to the representatives of the Protecting Power, in order to
indicate to them any points on which they may have complaints to
make with regard to the conditions of internment.
Such petitions and complaints shall be transmitted forthwith and
without alteration, and even if the latter are recognized to be
unfounded, they may not occasion any punishment.
Periodic reports on the situation in places of internment and as
to the needs of the internees may be sent by the Internee
Committees to the representatives of the Protecting Powers.

Internee ART. 102. In every place of internment, the internees shall


Committees freely elect by secret ballot every six months, the members of a
I. Committee empowered to represent them before the Detaining and
Election of the Protecting Powers, the International Committee of the Red
members Cross and any other organization which may assist them. The
members of the Committee shall be eligible for re-election.
Internees so elected shall enter upon their duties after their
election has been approved by the detaining authorities. The
reasons for any refusals or dismissals shall be communicated to the
Protecting Powers concerned.
PROTECTION OF CIVILIAN PERSONS 205

ART. 103. The Internee Committees shall further the physical, II.
spiritual and intellectual well-being of the internees. Duties
In case the internees decide, in particular, to organize a system of
mutual assistance amongst themselves, this organization would be
within the competence of the Committees in addition to the special
duties entrusted to them under other provisions of the present
Convention.

ART. 104. Members of Internee Committees shall not be III.


required to perform any other work, if the accomplishment of their Prerogatives
duties is rendered more difficult thereby.
Members of Internee Committees may appoint from amongst
the internees such assistants as they may require. All material
facilities shall be granted to them, particularly a certain freedom of
movement necessary for the accomplishment of their duties (visits
to labour detachments, receipt of supplies, etc.).
All facilities shall likewise be accorded to members of Internee
Committees for communication by post and telegraph with the
detaining authorities, the Protecting Powers, the International
Committee of the Red Cross and their delegates, and with the
organizations which give assistance to internees, Committee
members in labour detachments shall enjoy similar facilities for
communication with their Internee Committee in the principal
place of internment. Such communications shall not be limited, nor
considered as forming a part of the quota mentioned in Article 107.
Members of Internee Committees who are transferred shall be
allowed a reasonable time to acquaint their successors with current
affairs.

CHAPTER VIII

Relations with the Exterior

ART. 105. Immediately upon interning protected persons, the Notification


Detaining Powers shall inform them, the Power to which they owe of measures
allegiance and their Protecting Power of the measures taken for taken
executing the provisions of the present Chapter. The Detaining
Powers shall likewise inform the Parties concerned of any
subsequent modifications of such measures.
206 FOURTH GENEVA CONVENTION OF 1949

Internment ART. 106. As soon as he is interned, or at the latest not more


card than one week after his arrival in a place of internment, and likewise
in cases of sickness or transfer to another place of internment or to a
hospital, every internee shall be enabled to send direct to his family,
on the one hand, and to the Central Agency provided for by
Article 140, on the other, an internment card similar, if possible, to
the model annexed to the present Convention, informing his relatives
of his detention, address and state of health. The said cards shall be
forwarded as rapidly as possible and may not be delayed in any way.

Correspon- ART. 107. Internees shall be allowed to send and receive letters
dence and cards. If the Detaining Power deems it necessary to limit the
number of letters and cards sent by each internee, the said number
shall not be less than two letters and four cards monthly; these shall
be drawn up so as to conform as closely as possible to the models
annexed to the present Convention. If limitations must be placed on
the correspondence addressed to internees, they may be ordered
only by the Power to which such internees owe allegiance, possibly
at the request of the Detaining Power. Such letters and cards must be
conveyed with reasonable despatch; they may not be delayed or
retained for disciplinary reasons.
Internees who have been a long time without news, or who find it
impossible to receive news from their relatives, or to give them news
by the ordinary postal route, as well as those who are at a
considerable distance from their homes, shall be allowed to send
telegrams, the charges being paid by them in the currency at their
disposal. They shall likewise benefit by this provision in cases which
are recognized to be urgent.
As a rule, internees mail shall be written in their own language.
The Parties to the conflict may authorize correspondence in other
languages.

Relief ART. 108. Internees shall be allowed to receive, by post or by


shipments any other means, individual parcels or collective shipments
I. containing in particular foodstuffs, clothing, medical supplies, as
General well as books and objects of a devotional, educational or
principles recreational character which may meet their needs. Such shipments
shall in no way free the Detaining Power from the obligations
imposed upon it by virtue of the present Convention.
Should military necessity require the quantity of such shipments
to be limited, due notice thereof shall be given to the Protecting
Power and to the International Committee of the Red Cross, or to
any other organization giving assistance to the internees and
responsible for the forwarding of such shipments.
PROTECTION OF CIVILIAN PERSONS 207

The conditions for the sending of individual parcels and


collective shipments shall, if necessary, be the subject of special
agreements between the Powers concerned, which may in no case
delay the receipt by the internees of relief supplies. Parcels of
clothing and foodstuffs may not include books. Medical relief
supplies shall, as a rule, be sent in collective parcels.

ART. 109. In the absence of special agreements between Parties II.


to the conflict regarding the conditions for the receipt and Collective
relief
distribution of collective relief shipments, the regulations
concerning collective relief which are annexed to the present
Convention shall be applied.
The special agreements provided for above shall in no case
restrict the right of Internee Committees to take possession of
collective relief shipments intended for internees, to undertake their
distribution and to dispose of them in the interests of the recipients.
Nor shall such agreements restrict the right of representatives of
the Protecting Powers, the International Committee of the Red
Cross, or any other organization giving assistance to internees and
responsible for the forwarding of collective shipments, to supervise
their distribution to the recipients.

ART. 110. All relief shipments for internees shall be exempt III.
from import, customs and other dues. Exemption
from postal
All matter sent by mail, including relief parcels sent by parcel post and
and remittances of money, addressed from other countries to transport
internees or despatched by them through the post office, either charges
direct or through the Information Bureaux provided for in
Article 136 and the Central Information Agency provided for in
Article 140, shall be exempt from all postal dues both in the
countries of origin and destination and in intermediate countries.
To this end, in particular, the exemption provided by the Universal
Postal Convention of 1947 and by the agreements of the Universal
Postal Union in favour of civilians of enemy nationality detained in
camps or civilian prisons, shall be extended to the other interned
persons protected by the present Convention. The countries not
signatory to the above-mentioned agreements shall be bound to
grant freedom from charges in the same circumstances.
The cost of transporting relief shipments which are intended for
internees and which, by reason of their weight or any other cause,
cannot be sent through the post office, shall be borne by the
Detaining Power in all the territories under its control. Other
Powers which are Parties to the present Convention shall bear the
cost of transport in their respective territories.
208 FOURTH GENEVA CONVENTION OF 1949

Costs connected with the transport of such shipments, which are


not covered by the above paragraphs, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as
possible, the charges for telegrams sent by internees, or addressed to
them.

Special ART. 111. Should military operations prevent the Powers


means of concerned from fulfilling their obligation to ensure the conveyance of
transport
the mail and relief shipments provided for in Articles 106,107, 108
and 113, the Protecting Powers concerned, the International
Committee of the Red Cross or any other organization duly approved
by the Parties to the conflict may undertake the conveyance of such
shipments by suitable means (rail, motor vehicles, vessels or aircraft,
etc.). For this purpose, the High Contracting Parties shall endeavour
to supply them with such transport, and to allow its circulation,
especially by granting the necessary safe-conducts.
Such transport may also be used to convey:
a) correspondence, lists and reports exchanged between the
Central Information Agency referred to in Article 140 and the
National Bureaux referred to in Article 136;
b) correspondence and reports relating to internees which the
Protecting Powers, the International Committee of the Red
Cross or any other organization assisting the internees exchange
either with their own delegates or with the Parties to the conflict.
These provisions in no way detract from the right of any Party to
the conflict to arrange other means of transport if it should so
prefer, nor preclude the granting of safe-conducts, under mutually
agreed conditions, to such means of transport.
The costs occasioned by the use of such means of transport shall
be borne, in proportion to the importance of the shipments, by the
Parties to the conflict whose nationals are benefited thereby.

Censorship ART. 112. The censoring of correspondence addressed to


and internees or despatched by them shall be done as quickly as possible.
examination
The examination of consignments intended for internees shall
not be carried out under conditions that will expose the goods
contained in them to deterioration. It shall be done in the presence
of the addressee, or of a fellow-internee duly delegated by him. The
delivery to internees of individual or collective consignments shall
not be delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by the Parties to the
conflict either for military or political reasons, shall be only
temporary and its duration shall be as short as possible.
PROTECTION OF CIVILIAN PERSONS 209

ART. 113. The Detaining Powers shall provide all reasonable Execution
facilities for the transmission, through the Protecting Power or the and
transmission
Central Agency provided for in Article 140, or as otherwise of legal
required, of wills, powers of attorney, letters of authority, or any documents
other documents intended for internees or despatched by them.
In all cases the Detaining Powers shall facilitate the execution and
authentication in due legal form of such documents on behalf of
internees, in particular by allowing them to consult a lawyer.

ART. 114. The Detaining Power shall afford internees all Management
facilities to enable them to manage their property, provided this is of property
not incompatible with the conditions of internment and the law
which is applicable. For this purpose, the said Power may give them
permission to leave the place of internment in urgent cases and if
circumstances allow.

ART. 115. In all cases where an internee is a party to Facilities for


proceedings in any court, the Detaining Power shall, if he so preparation
and conduct
requests, cause the court to be informed of his detention and shall, of cases
within legal limits, ensure that all necessary steps are taken to
prevent him from being in any way prejudiced, by reason of his
internment, as regards the preparation and conduct of his case or as
regards the execution of any judgment of the court.

ART. 116. Every internee shall be allowed to receive visitors, Visits


especially near relatives, at regular intervals and as frequently as
possible.
As far as is possible, internees shall be permitted to visit their
homes in urgent cases, particularly in cases of death or serious
illness of relatives.

CHAPTER IX

Penal and Disciplinary Sanctions

ART. 117. Subject to the provisions of the present Chapter, General


the laws in force in the territory in which they are detained will provisions.
continue to apply to internees who commit offences during Applicable
legislation
internment.
If general laws, regulations or orders declare acts committed by
internees to be punishable, whereas the same acts are not
210 FOURTH GENEVA CONVENTION OF 1949

punishable when committed by persons who are not internees, such


acts shall entail disciplinary punishments only.
No internee may be punished more than once for the same act, or
on the same count.

Penalties ART. 118. The courts or authorities shall in passing sentence


take as far as possible into account the fact that the defendant is not
a national of the Detaining Power. They shall be free to reduce the
penalty prescribed for the offence with which the internee is
charged and shall not be obliged, to this end, to apply the minimum
sentence prescribed.
Imprisonment in premises without daylight, and, in general, all
forms of cruelty without exception are forbidden.
Internees who have served disciplinary or judicial sentences shall
not be treated differently from other internees.
The duration of preventive detention undergone by an internee
shall be deducted from any disciplinary or judicial penalty
involving confinement to which he may be sentenced.
Internee Committees shall be informed of all judicial
proceedings instituted against internees whom they represent, and
of their result.

Disciplinary ART. 119. The disciplinary punishments applicable to


punishments internees shall be the following:
1) A fine which shall not exceed 50 per cent of the wages which
the internee would otherwise receive under the provisions of
Article 95 during a period of not more than thirty days.
2) Discontinuance of privileges granted over and above the
treatment provided for by the present Convention.
3) Fatigue duties, not exceeding two hours daily, in connection
with the maintenance of the place of internment.
4) Confinement.
In no case shall disciplinary penalties be inhuman, brutal or
dangerous for the health of internees. Account shall be taken of the
internees age, sex and state of health.
The duration of any single punishment shall in no case exceed a
maximum of thirty consecutive days, even if the internee is
answerable for several breaches of discipline when his case is dealt
with, whether such breaches are connected or not.

Escapes ART. 120. Internees who are recaptured after having escaped
or when attempting to escape, shall be liable only to disciplinary
punishment in respect of this act, even if it is a repeated offence.
PROTECTION OF CIVILIAN PERSONS 211

Article 118, paragraph 3, notwithstanding, internees punished as


a result of escape or attempt to escape, may be subjected to special
surveillance, on condition that such surveillance does not affect the
state of their health, that it is exercised in a place of internment and
that it does not entail the abolition of any of the safeguards granted
by the present Convention.
Internees who aid and abet an escape, or attempt to escape, shall
be liable on this count to disciplinary punishment only.

ART. 121. Escape, or attempt to escape, even if it is a repeated Connected


offence, shall not be deemed an aggravating circumstance in cases offences
where an internee is prosecuted for offences committed during his
escape.
The Parties to the conflict shall ensure that the competent
authorities exercise leniency in deciding whether punishment
inflicted for an offence shall be of a disciplinary or judicial nature,
especially in respect of acts committed in connection with an
escape, whether successful or not.

ART. 122. Acts which constitute offences against discipline Investigations.


shall be investigated immediately. This rule shall be applied, in Confinement
awaiting
particular, in cases of escape or attempt to escape. Recaptured hearing
internees shall be handed over to the competent authorities as soon
as possible.
In case of offences against discipline, confinement awaiting trial
shall be reduced to an absolute minimum for all internees, and shall
not exceed fourteen days. Its duration shall in any case be deducted
from any sentence of confinement.
The provisions of Articles 124 and 125 shall apply to internees who
are in confinement awaiting trial for offences against discipline.

ART. 123. Without prejudice to the competence of courts and Competent


higher authorities, disciplinary punishment may be ordered only by authorities.
Procedure
the commandant of the place of internment, or by a responsible
officer or official who replaces him, or to whom he has delegated his
disciplinary powers.
Before any disciplinary punishment is awarded, the accused
internee shall be given precise information regarding the offences of
which he is accused, and given an opportunity of explaining his
conduct and of defending himself. He shall be permitted, in
particular, to call witnesses and to have recourse, if necessary, to the
services of a qualified interpreter. The decision shall be announced
in the presence of the accused and of a member of the Internee
Committee.
212 FOURTH GENEVA CONVENTION OF 1949

The period elapsing between the time of award of a disciplinary


punishment and its execution shall not exceed one month.
When an internee is awarded a further disciplinary punishment,
a period of at least three days shall elapse between the execution of
any two of the punishments, if the duration of one of these is ten
days or more.
A record of disciplinary punishments shall be maintained by the
commandant of the place of internment and shall be open to
inspection by representatives of the Protecting Power.

Premises for ART. 124. Internees shall not in any case be transferred to
disciplinary penitentiary establishments (prisons, penitentiaries, convict
punishments
prisons, etc.) to undergo disciplinary punishment therein.
The premises in which disciplinary punishments are undergone
shall conform to sanitary requirements; they shall in particular be
provided with adequate bedding. Internees undergoing punishment
shall be enabled to keep themselves in a state of cleanliness.
Women internees undergoing disciplinary punishment shall be
confined in separate quarters from male internees and shall be
under the immediate supervision of women.

Essential ART. 125. Internees awarded disciplinary punishment shall be


safeguards allowed to exercise and to stay in the open air at least two hours
daily.
They shall be allowed, if they so request, to be present at the daily
medical inspections. They shall receive the attention which their
state of health requires and, if necessary, shall be removed to the
infirmary of the place of internment or to a hospital.
They shall have permission to read and write, likewise to send
and receive letters. Parcels and remittances of money, however, may
be withheld from them until the completion of their punishment;
such consignments shall meanwhile be entrusted to the Internee
Committee, who will hand over to the infirmary the perishable
goods contained in the parcels.
No internee given a disciplinary punishment may be deprived of
the benefit of the provisions of Articles 107 and 143 of the present
Convention.

Provisions ART. 126. The provisions of Articles 71 to 76 inclusive shall


applicable to apply, by analogy, to proceedings against internees who are in the
judicial
proceedings national territory of the Detaining Power.
PROTECTION OF CIVILIAN PERSONS 213

CHAPTER X

Transfers of Internees

ART. 127. The transfer of internees shall always be effected Conditions


humanely. As a general rule, it shall be carried out by rail or other
means of transport, and under conditions at least equal to those
obtaining for the forces of the Detaining Power in their changes of sta-
tion. If, as an exceptional measure, such removals have to be effected
on foot, they may not take place unless the internees are in a fit state of
health, and may not in any case expose them to excessive fatigue.
The Detaining Power shall supply internees during transfer with
drinking water and food sufficient in quantity, quality and variety to
maintain them in good health, and also with the necessary clothing,
adequate shelter and the necessary medical attention. The
Detaining Power shall take all suitable precautions to ensure their
safety during transfer, and shall establish before their departure a
complete list of all internees transferred.
Sick, wounded or infirm internees and maternity cases shall not
be transferred if the journey would be seriously detrimental to
them, unless their safety imperatively so demands.
If the combat zone draws close to a place of internment, the
internees in the said place shall not be transferred unless their
removal can be carried out in adequate conditions of safety, or
unless they are exposed to greater risks by remaining on the spot
than by being transferred.
When making decisions regarding the transfer of internees, the
Detaining Power shall take their interests into account and, in
particular, shall not do anything to increase the difficulties of
repatriating them or returning them to their own homes.

ART. 128. In the event of transfer, internees shall be officially Method


advised of their departure and of their new postal address. Such
notification shall be given in time for them to pack their luggage and
inform their next of kin.
They shall be allowed to take with them their personal effects,
and the correspondence and parcels which have arrived for them.
The weight of such baggage may be limited if the conditions of
transfer so require, but in no case to less than twenty-five kilograms
per internee.
Mail and parcels addressed to their former place of internment
shall be forwarded to them without delay.
The commandant of the place of internment shall take, in
agreement with the Internee Committee, any measures needed to
214 FOURTH GENEVA CONVENTION OF 1949

ensure the transport of the internees community property and of the


luggage the internees are unable to take with them in consequence of
restrictions imposed by virtue of the second paragraph.

CHAPTER XI

Deaths

Wills. Death ART. 129. The wills of internees shall be received for
certificates safekeeping by the responsible authorities; and in the event of the
death of an internee his will shall be transmitted without delay to a
person whom he has previously designated.
Deaths of internees shall be certified in every case by a doctor,
and a death certificate shall be made out, showing the causes of
death and the conditions under which it occurred.
An official record of the death, duly registered, shall be drawn up
in accordance with the procedure relating thereto in force in the
territory where the place of internment is situated, and a duly
certified copy of such record shall be transmitted without delay to
the Protecting Power as well as to the Central Agency referred to in
Article 140.

Burial. ART. 130. The detaining authorities shall ensure that internees
Cremation who die while interned are honourably buried, if possible according
to the rites of the religion to which they belonged and that their
graves are respected, properly maintained, and marked in such a
way that they can always be recognized.
Deceased internees shall be buried in individual graves unless
unavoidable circumstances require the use of collective graves.
Bodies may be cremated only for imperative reasons of hygiene, on
account of the religion of the deceased or in accordance with his
expressed wish to this effect. In case of cremation, the fact shall be
stated and the reasons given in the death certificate of the deceased.
The ashes shall be retained for safekeeping by the detaining
authorities and shall be transferred as soon as possible to the next of
kin on their request.
As soon as circumstances permit, and not later than the close of
hostilities, the Detaining Power shall forward lists of graves of
deceased internees to the Powers on whom the deceased internees
depended, through the Information Bureaux provided for in
Article 136. Such lists shall include all particulars necessary for the
PROTECTION OF CIVILIAN PERSONS 215

identification of the deceased internees, as well as the exact location


of their graves.

ART. 131. Every death or serious injury of an internee, caused or Internees


suspected to have been caused by a sentry, another internee or any killed
or injured
other person, as well as any death the cause of which is unknown, shall in special
be immediately followed by an official enquiry by the Detaining Power. circum-
A communication on this subject shall be sent immediately to the stances
Protecting Power. The evidence of any witnesses shall be taken, and
a report including such evidence shall be prepared and forwarded to
the said Protecting Power.
If the enquiry indicates the guilt of one or more persons, the
Detaining Power shall take all necessary steps to ensure the
prosecution of the person or persons responsible.

CHAPTER XII

Release, Repatriation and Accommodation in Neutral Countries

ART. 132. Each interned person shall be released by the During


Detaining Power as soon as the reasons which necessitated his hostilities or
occupation
internment no longer exist.
The Parties to the conflict shall, moreover, endeavour during the
course of hostilities, to conclude agreements for the release, the
repatriation, the return to places of residence or the
accommodation in a neutral country of certain classes of internees,
in particular children, pregnant women and mothers with infants
and young children, wounded and sick, and internees who have
been detained for a long time.

ART. 133. Internment shall cease as soon as possible after the After the
close of hostilities. close of
hostilities
Internees in the territory of a Party to the conflict, against whom
penal proceedings are pending for offences not exclusively subject
to disciplinary penalties, may be detained until the close of such
proceedings and, if circumstances require, until the completion of
the penalty. The same shall apply to internees who have been
previously sentenced to a punishment depriving them of liberty.
By agreement between the Detaining Power and the Powers
concerned, committees may be set up after the close of hostilities, or
of the occupation of territories, to search for dispersed internees.
216 FOURTH GENEVA CONVENTION OF 1949

Repatriation ART. 134. The High Contracting Parties shall endeavour, upon
and return to the close of hostilities or occupation, to ensure the return of all
last place of
residence internees to their last place of residence, or to facilitate their
repatriation.

Costs ART. 135. The Detaining Power shall bear the expense of
returning released internees to the places where they were residing
when interned, or, if it took them into custody while they were in
transit or on the high seas, the cost of completing their journey or of
their return to their point of departure.
Where a Detaining Power refuses permission to reside in its
territory to a released internee who previously had his permanent
domicile therein, such Detaining Power shall pay the cost of the said
internees repatriation. If, however, the internee elects to return to
his country on his own responsibility or in obedience to the
Government of the Power to which he owes allegiance, the
Detaining Power need not pay the expenses of his journey beyond
the point of his departure from its territory. The Detaining Power
need not pay the costs of repatriation of an internee who was
interned at his own request.
If internees are transferred in accordance with Article 45, the
transferring and receiving Powers shall agree on the portion of the
above costs to be borne by each.
The foregoing shall not prejudice such special agreements as may
be concluded between Parties to the conflict concerning the
exchange and repatriation of their nationals in enemy hands.

SECTION V

INFORMATION BUREAUX AND CENTRAL AGENCY

National ART. 136. Upon the outbreak of a conflict and in all cases of
Bureaux occupation, each of the Parties to the conflict shall establish an
official Information Bureau responsible for receiving and
transmitting information in respect of the protected persons who
are in its power.
Each of the Parties to the conflict shall, within the shortest
possible period, give its Bureau information of any measure taken
by it concerning any protected persons who are kept in custody for
more than two weeks, who are subjected to assigned residence or
who are interned. It shall, furthermore, require its various
PROTECTION OF CIVILIAN PERSONS 217

departments concerned with such matters to provide the aforesaid


Bureau promptly with information concerning all changes
pertaining to these protected persons, as, for example, transfers,
releases, repatriations, escapes, admittances to hospitals, births and
deaths.

ART. 137. Each national Bureau shall immediately forward Transmission


information concerning protected persons by the most rapid means of
information
to the Powers of whom the aforesaid persons are nationals, or to
Powers in whose territory they resided, through the intermediary of
the Protecting Powers and likewise through the Central Agency
provided for in Article 140. The Bureaux shall also reply to all
enquiries which may be received regarding protected persons.
Information Bureaux shall transmit information concerning a
protected person unless its transmission might be detrimental to
the person concerned or to his or her relatives. Even in such a case,
the information may not be withheld from the Central Agency
which, upon being notified of the circumstances, will take the
necessary precautions indicated in Article 140.
All communications in writing made by any Bureau shall be
authenticated by a signature or a seal.

ART. 138. The information received by the national Bureau Particulars


and transmitted by it shall be of such a character as to make it required
possible to identify the protected person exactly and to advise his
next of kin quickly. The information in respect of each person shall
include at least his surname, first names, place and date of birth,
nationality, last residence and distinguishing characteristics, the
first name of the father and the maiden name of the mother, the
date, place and nature of the action taken with regard to the
individual, the address at which correspondence may be sent to him
and the name and address of the person to be informed.
Likewise, information regarding the state of health of internees
who are seriously ill or seriously wounded shall be supplied
regularly and if possible every week.

ART. 139. Each national Information Bureau shall, Forwarding


furthermore, be responsible for collecting all personal valuables left of personal
by protected persons mentioned in Article 136, in particular those valuables
who have been repatriated or released, or who have escaped or died;
it shall forward the said valuables to those concerned, either direct,
or, if necessary, through the Central Agency. Such articles shall be
sent by the Bureau in sealed packets which shall be accompanied by
statements giving clear and full identity particulars of the person to
218 FOURTH GENEVA CONVENTION OF 1949

whom the articles belonged, and by a complete list of the contents of


the parcel. Detailed records shall be maintained of the receipt and
despatch of all such valuables.

Central ART. 140. A Central Information Agency for protected


Agency persons, in particular for internees, shall be created in a neutral
country. The International Committee of the Red Cross shall, if it
deems necessary, propose to the Powers concerned the organization
of such an Agency, which may be the same as that provided for in
Article 123 of the Geneva Convention relative to the Treatment of
Prisoners of War of August 12, 1949.
The function of the Agency shall be to collect all information of
the type set forth in Article 136 which it may obtain through official
or private channels and to transmit it as rapidly as possible to the
countries of origin or of residence of the persons concerned, except
in cases where such transmissions might be detrimental to the
persons whom the said information concerns, or to their relatives. It
shall receive from the Parties to the conflict all reasonable facilities
for effecting such transmissions.
The High Contracting Parties, and in particular those whose
nationals benefit by the services of the Central Agency, are
requested to give the said Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as
restricting the humanitarian activities of the International
Committee of the Red Cross and of the relief Societies described in
Article 142.

Exemption ART. 141. The national Information Bureaux and the Central
from charges Information Agency shall enjoy free postage for all mail, likewise the
exemptions provided for in Article 110, and further, so far as
possible, exemption from telegraphic charges or, at least, greatly
reduced rates.
PROTECTION OF CIVILIAN PERSONS 219

PART IV

EXECUTION OF THE CONVENTION

SECTION I

GENERAL PROVISIONS

ART. 142. Subject to the measures which the Detaining Powers Relief
may consider essential to ensure their security or to meet any other societies
and other
reasonable need, the representatives of religious organizations, relief organizations
societies, or any other organizations assisting the protected persons,
shall receive from these Powers, for themselves or their duly
accredited agents, all facilities for visiting the protected persons, for
distributing relief supplies and material from any source, intended
for educational, recreational or religious purposes, or for assisting
them in organizing their leisure time within the places of
internment. Such societies or organizations may be constituted in
the territory of the Detaining Power, or in any other country, or they
may have an international character.
The Detaining Power may limit the number of societies and
organizations whose delegates are allowed to carry out their
activities in its territory and under its supervision, on condition,
however, that such limitation shall not hinder the supply of effective
and adequate relief to all protected persons.
The special position of the International Committee of the Red
Cross in this field shall be recognized and respected at all times.

ART. 143. Representatives or delegates of the Protecting Supervision


Powers shall have permission to go to all places where protected
persons are, particularly to places of internment, detention and
work.
They shall have access to all premises occupied by protected
persons and shall be able to interview the latter without witnesses,
personally or through an interpreter.
Such visits may not be prohibited except for reasons of
imperative military necessity, and then only as an exceptional and
temporary measure. Their duration and frequency shall not be
restricted.
Such representatives and delegates shall have full liberty to select
the places they wish to visit. The Detaining or Occupying Power, the
220 FOURTH GENEVA CONVENTION OF 1949

Protecting Power and when occasion arises the Power of origin of


the persons to be visited, may agree that compatriots of the
internees shall be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross
shall also enjoy the above prerogatives. The appointment of such
delegates shall be submitted to the approval of the Power governing
the territories where they will carry out their duties.

Dissemination ART. 144. The High Contracting Parties undertake, in time of


of the peace as in time of war, to disseminate the text of the present
Convention
Convention as widely as possible in their respective countries, and,
in particular, to include the study thereof in their programmes of
military and, if possible, civil instruction, so that the principles
thereof may become known to the entire population.
Any civilian, military, police or other authorities, who in time of
war assume responsibilities in respect of protected persons, must
possess the text of the Convention and be specially instructed as to
its provisions.

Translations. ART. 145. The High Contracting Parties shall communicate to


Rules of one another through the Swiss Federal Council and, during
application
hostilities, through the Protecting Powers, the official translations of
the present Convention, as well as the laws and regulations which
they may adopt to ensure the application thereof.

Penal ART. 146. The High Contracting Parties undertake to enact


sanctions any legislation necessary to provide effective penal sanctions for
I. persons committing, or ordering to be committed, any of the grave
General breaches of the present Convention defined in the following Article.
observations Each High Contracting Party shall be under the obligation to
search for persons alleged to have committed, or to have ordered to
be committed, such grave breaches, and shall bring such persons,
regardless of their nationality, before its own courts. It may also, if it
prefers, and in accordance with the provisions of its own legislation,
hand such persons over for trial to another High Contracting Party
concerned, provided such High Contracting Party has made out a
prima facie case.
Each High Contracting Party shall take measures necessary for
the suppression of all acts contrary to the provisions of the present
Convention other than the grave breaches defined in the following
Article.
In all circumstances, the accused persons shall benefit by
safeguards of proper trial and defence, which shall not be less
favourable than those provided by Article 105 and those following
PROTECTION OF CIVILIAN PERSONS 221

of the Geneva Convention relative to the Treatment of Prisoners of


War of August 12, 1949.

ART. 147. Grave breaches to which the preceding Article II.


relates shall be those involving any of the following acts, if Grave
breaches
committed against persons or property protected by the present
Convention: wilful killing, torture or inhuman treatment, including
biological experiments, wilfully causing great suffering or serious
injury to body or health, unlawful deportation or transfer or
unlawful confinement of a protected person, compelling a protected
person to serve in the forces of a hostile Power, or wilfully depriving
a protected person of the rights of fair and regular trial prescribed
in the present Convention, taking of hostages and extensive
destruction and appropriation of property, not justified by military
necessity and carried out unlawfully and wantonly.

ART. 148. No High Contracting Party shall be allowed to III.


absolve itself or any other High Contracting Party of any liability Responsibi-
lities of the
incurred by itself or by another High Contracting Party in respect of Contracting
breaches referred to in the preceding Article. Parties

ART. 149. At the request of a Party to the conflict, an enquiry Enquiry


shall be instituted, in a manner to be decided between the interested procedure
Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for
the enquiry, the Parties should agree on the choice of an umpire
who will decide upon the procedure to be followed. Once the
violation has been established, the Parties to the conflict shall put an
end to it and shall repress it with the least possible delay.

SECTION II

FINAL PROVISIONS

ART. 150. The present Convention is established in English Languages


and in French. Both texts are equally authentic.
The Swiss Federal Council shall arrange for official translations
of the Convention to be made in the Russian and Spanish languages.
222 FOURTH GENEVA CONVENTION OF 1949

Signature ART. 151. The present Convention, which bears the date of this
day, is open to signature until February 12, 1950, in the name of the
Powers represented at the Conference which opened at Geneva on
April 21, 1949.

Ratification ART. 152. The present Convention shall be ratified as soon as


possible and the ratifications shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of
ratification and certified copies of this record shall be transmitted
by the Swiss Federal Council to all the Powers in whose name the
Convention has been signed, or whose accession has been notified.

Coming ART. 153. The present Convention shall come into force six
into force months after not less than two instruments of ratification have been
deposited.
Thereafter, it shall come into force for each High Contracting
Party six months after the deposit of the instrument of ratification.

Relation with ART. 154. In the relations between the Powers who are bound
the Hague by the Hague Conventions respecting the Laws and Customs of War
Conventions
on Land, whether that of July 29, 1899, or that of October 18, 1907,
and who are parties to the present Convention, this last Convention
shall be supplementary to Sections II and III of the Regulations
annexed to the above-mentioned Conventions of The Hague.

Accession ART. 155. From the date of its coming into force, it shall be
open to any Power in whose name the present Convention has not
been signed, to accede to this Convention.

Notification ART. 156. Accessions shall be notified in writing to the Swiss


of accessions Federal Council, and shall take effect six months after the date on
which they are received.
The Swiss Federal Council shall communicate the accessions to
all the Powers in whose name the Convention has been signed, or
whose accession has been notified.

Immediate ART. 157. The situations provided for in Articles 2 and 3 shall
effect give immediate effect to ratifications deposited and accessions
notified by the Parties to the conflict before or after the beginning of
hostilities or occupation. The Swiss Federal Council shall
communicate by the quickest method any ratifications or accessions
received from Parties to the conflict.
PROTECTION OF CIVILIAN PERSONS 223

ART. 158. Each of the High Contracting Parties shall be at Denunciation


liberty to denounce the present Convention.
The denunciation shall be notified in writing to the Swiss Federal
Council, which shall transmit it to the Governments of all the High
Contracting Parties.
The denunciation shall take effect one year after the notification
thereof has been made to the Swiss Federal Council. However, a
denunciation of which notification has been made at a time when
the denouncing Power is involved in a conflict shall not take effect
until peace has been concluded, and until after operations
connected with the release, repatriation and re-establishment of the
persons protected by the present Convention have been terminated.
The denunciation shall have effect only in respect of the
denouncing Power. It shall in no way impair the obligations which
the Parties to the conflict shall remain bound to fulfil by virtue of
the principles of the law of nations, as they result from the usages
established among civilized peoples, from the laws of humanity and
the dictates of the public conscience.

ART. 159. The Swiss Federal Council shall register the present Registration
Convention with the Secretariat of the United Nations. The Swiss with the
Federal Council shall also inform the Secretariat of the United United
Nations
Nations of all ratifications, accessions and denunciations received
by it with respect to the present Convention.

IN WITNESS WHEREOF the undersigned, having deposited their


respective full powers, have signed the present Convention.

DONE at Geneva this twelfth day of August 1949, in the English


and French languages. The original shall be deposited in the
Archives of the Swiss Confederation. The Swiss Federal Council
shall transmit certified copies thereof to each of the signatory and
acceding States.
ANNEX I

DRAFT AGREEMENT RELATING TO HOSPITAL


AND SAFETY ZONES AND LOCALITIES

ARTICLE 1. Hospital and safety zones shall be strictly reserved for the persons
mentioned in Article 23 of the Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949,
and in Article 14 of the Geneva Convention relative to the Protection of Civilian
Persons in Time of War of August 12, 1949, and for the personnel entrusted with the
organization and administration of these zones and localities and with the care of the
persons therein assembled.
Nevertheless, persons whose permanent residence is within such zones shall
have the right to stay there.

ART. 2. No persons residing, in whatever capacity, in a hospital and safety


zone shall perform any work, either within or without the zone, directly connected
with military operations or the production of war material.

ART. 3. The Power establishing a hospital and safety zone shall take all
necessary measures to prohibit access to all persons who have no right of residence
or entry therein.

ART. 4. Hospital and safety zones shall fulfil the following conditions:
a) They shall comprise only a small part of the territory governed by the Power
which has established them.
b) They shall be thinly populated in relation to the possibilities of
accommodation.
c) They shall be far removed and free from all military objectives, or large
industrial or administrative establishments.
d) They shall not be situated in areas which, according to every probability, may
become important for the conduct of the war.

ART. 5. Hospital and safety zones shall be subject to the following obligations:
a) The lines of communication and means of transport which they possess shall
not be used for the transport of military personnel or material, even in
transit.
b) They shall in no case be defended by military means.

ART. 6. Hospital and safety zones shall be marked by means of oblique red
bands on a white ground, placed on the buildings and outer precincts.
HOSPITAL AND SAFETY ZONES 225

Zones reserved exclusively for the wounded and sick may be marked by means
of the Red Cross (Red Crescent, Red Lion and Sun) emblem on a white ground.
They may be similarly marked at night by means of appropriate illumination.

ART. 7. The Powers shall communicate to all the High Contracting Parties in
peacetime or on the outbreak of hostilities, a list of the hospital and safety zones in
the territories governed by them. They shall also give notice of any new zones set
up during hostilities.
As soon as the adverse Party has received the above-mentioned notification, the
zone shall be regularly established.
If, however, the adverse Party considers that the conditions of the present
agreement have not been fulfilled, it may refuse to recognize the zone by giving
immediate notice thereof to the Party responsible for the said zone, or may make
its recognition of such zone dependent upon the institution of the control provided
for in Article 8.

ART. 8. Any Power having recognized one or several hospital and safety zones
instituted by the adverse Party shall be entitled to demand control by one or more
Special Commissions, for the purpose of ascertaining if the zones fulfil the
conditions and obligations stipulated in the present agreement.
For this purpose, members of the Special Commissions shall at all times have
free access to the various zones and may even reside there permanently. They shall
be given all facilities for their duties of inspection.

ART. 9. Should the Special Commissions note any facts which they consider
contrary to the stipulations of the present agreement, they shall at once draw the
attention of the Power governing the said zone to these facts, and shall fix a time
limit of five days within which the matter should be rectified. They shall duly notify
the Power who has recognized the zone.
If, when the time limit has expired, the Power governing the zone has not
complied with the warning, the adverse Party may declare that it is no longer bound
by the present agreement in respect of the said zone.

ART. 10. Any Power setting up one or more hospital and safety zones, and the
adverse Parties to whom their existence has been notified, shall nominate or have
nominated by the Protecting Powers or by other neutral Powers, persons eligible to
be members of the Special Commissions mentioned in Articles 8 and 9.

ART. 11. In no circumstances may hospital and safety zones be the object of
attack. They shall be protected and respected at all times by the Parties to the
conflict.

ART. 12. In the case of occupation of a territory, the hospital and safety zones
therein shall continue to be respected and utilized as such.
226 FOURTH GENEVA CONVENTION OF 1949 ANNEX I

Their purpose may, however, be modified by the Occupying Power, on condition


that all measures are taken to ensure the safety of the persons accommodated.

ART. 13. The present agreement shall also apply to localities which the Powers
may utilize for the same purposes as hospital and safety zones.
ANNEX II

DRAFT REGULATIONS
CONCERNING COLLECTIVE RELIEF

ARTICLE 1. The Internee Committees shall be allowed to distribute collective


relief shipments for which they are responsible, to all internees who are dependent
for administration on the said Committees place of internment, including those
internees who are in hospitals, or in prisons or other penitentiary establishments.

ART. 2. The distribution of collective relief shipments shall be effected in


accordance with the instructions of the donors and with a plan drawn up by the
Internee Committees. The issue of medical stores shall, however, be made for
preference in agreement with the senior medical officers, and the latter may, in
hospitals and infirmaries, waive the said instructions, if the needs of their patients
so demand. Within the limits thus defined, the distribution shall always be carried
out equitably.

ART. 3. Members of Internee Committees shall be allowed to go to the railway


stations or other points of arrival of relief supplies near their places of internment
so as to enable them to verify the quantity as well as the quality of the goods
received and to make out detailed reports thereon for the donors.

ART. 4. Internee Committees shall be given the facilities necessary for


verifying whether the distribution of collective relief in all sub-divisions and
annexes of their places of internment has been carried out in accordance with their
instructions.

ART. 5. Internee Committees shall be allowed to complete, and to cause to be


completed by members of the Internee Committees in labour detachments or by
the senior medical officers of infirmaries and hospitals, forms or questionnaires
intended for the donors, relating to collective relief supplies (distribution,
requirements, quantities, etc.). Such forms and questionnaires, duly completed,
shall be forwarded to the donors without delay.

ART. 6. In order to secure the regular distribution of collective relief supplies


to the internees in their place of internment, and to meet any needs that may arise
through the arrival of fresh parties of internees, the Internee Committees shall be
allowed to create and maintain sufficient reserve stocks of collective relief. For this
purpose, they shall have suitable warehouses at their disposal; each warehouse shall
be provided with two locks, the Internee Committee holding the keys of one lock,
and the commandant of the place of internment the keys of the other.
228 FOURTH GENEVA CONVENTION OF 1949 ANNEX II

ART. 7. The High Contracting Parties, and the Detaining Powers in particular,
shall, so far as is in any way possible and subject to the regulations governing the
food supply of the population, authorize purchases of goods to be made in their
territories for the distribution of collective relief to the internees. They shall
likewise facilitate the transfer of funds and other financial measures of a technical
or administrative nature taken for the purpose of making such purchases.

ART. 8. The foregoing provisions shall not constitute an obstacle to the right
of internees to receive collective relief before their arrival in a place of internment
or in the course of their transfer, nor to the possibility of representatives of the
Protecting Power, or of the International Committee of the Red Cross or any other
humanitarian organization giving assistance to internees and responsible for
forwarding such supplies, ensuring the distribution thereof to the recipients by any
other means they may deem suitable.
ANNEX III
I. INTERNMENT CARD
1. Front

CIVILIAN INTERNEE MAIL Postage free

POST CARD

IMPORTANT

This card must be completed


by each internee immediately
on being interned and each CENTRAL INFORMATION AGENCY
time his address is altered by FOR PROTECTED PERSONS
reason of transfer to another
place of internment or to a
hospital. INTERNATIONAL COMMITTEE
OF THE RED CROSS
This card is not the same as
the special card which each
internee is allowed to send to
his relatives.
2. Reverse side

Write legibly and in block letters 1. Nationality ...............................................


2. Surname 3. First names (in full) 4. First name of father
................................................................................................................................
5. Date of birth ................................. 6. Place of birth.......................................
7. Occupation .........................................................................................................
8. Address before detention....................................................................................
9. Address of next of kin ........................................................................................
................................................................................................................................
10. Interned on: * ...................................................................................................
(or)
Coming from (hospital, etc.) on: ..........................................................................
11. State of health * ................................................................................................
12. Present address .................................................................................................
13. Date............................................. 14. Signature............................................
* Strike out what is not applicable. Do not add any remarks. See explanations on
other side of card.

(Size of internment card 10 x 15 cm)


ANNEX III
II. LETTER

CIVILIAN INTERNEE SERVICE

Postage free

To
Street and number
Place of destination (in block capitals)
Province or Department
Country (in block capitals)

Internment address
Date and place of birth
Surname and first names
Sender:

(Size of letter 29 x 15 cm)


ANNEX III
III. CORRESPONDENCE CARD
1. Front

CIVILIAN INTERNEE MAIL Postage free

POST CARD

To
Street and number
Surname and first names
Date and place of birth

Place of destination (in block capitals)


Internment address

Province or Department
Country (in block capitals)
Sender:
2. Reverse side

Date:

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

................................................................................................................................

Write on the dotted lines only and as legibly as possible

(Size of correspondence card 10 x15 cm)


V

PROTOCOL ADDITIONAL
TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949,
AND RELATING TO THE PROTECTION
OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS
(PROTOCOL I), OF 8 JUNE 1977

Preamble .................................................................................................... 239

PART I
General provisions
Article 1 General principles and scope of application ............................. 240
Article 2 Definitions ................................................................................. 240
Article 3 Beginning and end of application ............................................. 241
Article 4 Legal status of the Parties to the conflict................................... 241
Article 5 Appointment of Protecting Powers and of their substitute ...... 241
Article 6 Qualified persons....................................................................... 242
Article 7 Meetings ..................................................................................... 243

PART II
Wounded, sick and shipwrecked
SECTION I General protection
Article 8 Terminology............................................................................... 243
Article 9 Field of application .................................................................... 245
Article 10 Protection and care.................................................................... 245
Article 11 Protection of persons................................................................. 245
Article 12 Protection of medical units ....................................................... 246
Article 13 Discontinuance of protection of civilian medical units............ 247
Article 14 Limitations on requisition of civilian medical units................. 247
Article 15 Protection of civilian medical and religious personnel ............ 248
Article 16 General protection of medical duties ........................................ 248
Article 17 Role of the civilian population and of aid societies .................. 248
Article 18 Identification.............................................................................. 249
Article 19 Neutral and other States not Parties to the conflict .................. 250
Article 20 Prohibition of reprisals .............................................................. 250

SECTION II Medical transportation


Article 21 Medical vehicles ......................................................................... 250
234 CONTENTS

Article 22 Hospital ships and coastal rescue craft ..................................... 250


Article 23 Other medical ships and craft ................................................... 251
Article 24 Protection of medical aircraft.................................................... 252
Article 25 Medical aircraft in areas not controlled by an adverse Party.... 252
Article 26 Medical aircraft in contact or similar zones.............................. 252
Article 27 Medical aircraft in areas controlled by an adverse Party .......... 252
Article 28 Restrictions on operations of medical aircraft.......................... 253
Article 29 Notifications and agreements concerning medical aircraft ...... 253
Article 30 Landing and inspection of medical aircraft .............................. 254
Article 31 Neutral or other States not Parties to the conflict .................... 254

SECTION III Missing and dead persons


Article 32 General principle ....................................................................... 256
Article 33 Missing persons ......................................................................... 256
Article 34 Remains of deceased.................................................................. 257

PART III
Methods and means of warfare
Combatant and prisoner-of-war status
SECTION I Methods and means of warfare
Article 35 Basic rules .................................................................................. 258
Article 36 New weapons ............................................................................. 258
Article 37 Prohibition of perfidy ................................................................ 258
Article 38 Recognized emblems ................................................................. 259
Article 39 Emblems of nationality.............................................................. 259
Article 40 Quarter....................................................................................... 259
Article 41 Safeguard of an enemy hors de combat...................................... 259
Article 42 Occupants of aircraft ................................................................. 260

SECTION II Combatant and prisoner-of-war status


Article 43 Armed forces.............................................................................. 260
Article 44 Combatants and prisoners of war ............................................. 261
Article 45 Protection of persons who have taken part in hostilities.......... 262
Article 46 Spies............................................................................................ 262
Article 47 Mercenaries................................................................................ 263
CONTENTS 235

PART IV
Civilian population
SECTION I General protection against effects of hostilities
CHAPTER I BASIC RULE AND FIELD OF APPLICATION
Article 48 Basic rule .................................................................................... 264
Article 49 Definition of attacks and scope of application.......................... 264

CHAPTER II CIVILIANS AND CIVILIAN POPULATION


Article 50 Definition of civilians and civilian population ......................... 265
Article 51 Protection of the civilian population ........................................ 265

CHAPTER III CIVILIAN OBJECTS


Article 52 General protection of civilian objects ....................................... 266
Article 53 Protection of cultural objects and of places of worship............ 267
Article 54 Protection of objects indispensable
to the survival of the civilian population ................................. 267
Article 55 Protection of the natural environment...................................... 267
Article 56 Protection of works and installations
containing dangerous forces ...................................................... 268

CHAPTER IV PRECAUTIONARY MEASURES


Article 57 Precautions in attack.................................................................. 269
Article 58 Precautions against the effects of attacks .................................. 270

CHAPTER V LOCALITIES AND ZONES UNDER SPECIAL PROTECTION


Article 59 Non-defended localities............................................................. 270
Article 60 Demilitarized zones ................................................................... 271

CHAPTER VI CIVIL DEFENCE


Article 61 Definitions and scope ................................................................ 272
Article 62 General protection ..................................................................... 273
Article 63 Civil defence in occupied territories ......................................... 274
Article 64 Civilian civil defence organizations of neutral or other States
not Parties to the conflict and international co-ordinating
organizations.............................................................................. 274
Article 65 Cessation of protection.............................................................. 275
Article 66 Identification.............................................................................. 275
Article 67 Members of the armed forces
and military units assigned to civil defence organizations....... 276
236 CONTENTS

SECTION II Relief in favour of the civilian population


Article 68 Field of application .................................................................... 277
Article 69 Basic needs in occupied territories............................................ 277
Article 70 Relief actions.............................................................................. 278
Article 71 Personnel participating in relief actions.................................... 278

SECTION III Treatment of persons in the power of a Party to the conflict


CHAPTER I FIELD OF APPLICATION AND PROTECTION OF PERSONS AND OBJETS
Article 72 Field of application .................................................................... 279
Article 73 Refugees and stateless persons .................................................. 279
Article 74 Reunion of dispersed families ................................................... 280
Article 75 Fundamental guarantees............................................................ 280

CHAPTER II MEASURES IN FAVOUR OF WOMEN AND CHILDREN


Article 76 Protection of women ................................................................. 282
Article 77 Protection of children................................................................ 282
Article 78 Evacuation of children............................................................... 283

CHAPTER III JOURNALISTS


Article 79 Measures of protection for journalists ...................................... 284

PART V
Execution of the Conventions and of this Protocol
SECTION I General Provisions
Article 80 Measures for execution .............................................................. 285
Article 81 Activities of the Red Cross
and other humanitarian organizations...................................... 285
Article 82 Legal advisers in armed forces................................................... 286
Article 83 Dissemination ............................................................................ 286
Article 84 Rules of application.................................................................... 286

SECTION II Repression of breaches of the Conventions and of this Protocol


Article 85 Repression of breaches of this Protocol .................................... 287
Article 86 Failure to act............................................................................... 288
Article 87 Duty of commanders................................................................. 288
Article 88 Mutual assistance in criminal matters....................................... 289
Article 89 Co-operation.............................................................................. 289
Article 90 International Fact-Finding Commission................................... 289
Article 91 Responsibility............................................................................. 291
CONTENTS 237

PART VI
Final provisions
Article 92 Signature .................................................................................... 292
Article 93 Ratification................................................................................. 292
Article 94 Accession.................................................................................... 292
Article 95 Entry into force .......................................................................... 292
Article 96 Treaty relations upon entry into force of this Protocol............. 292
Article 97 Amendment ............................................................................... 293
Article 98 Revision of Annex I ................................................................... 293
Article 99 Denunciation ............................................................................. 294
Article 100 Notifications............................................................................... 294
Article 101 Registration................................................................................ 295
Article 102 Authentic texts ........................................................................... 295

ANNEX I
Regulations concerning identification .......................................................... 296
Article 1 General provisions ..................................................................... 296

CHAPTER I IDENTITY CARDS


Article 2 Identity card for permanent civilian medical
and religious personnel.............................................................. 296
Article 3 Identity card for temporary civilian medical
and religious personnel ............................................................. 297

CHAPTER II THE DISTINCTIVE EMBLEM


Article 4 Shape .......................................................................................... 299
Article 5 Use.............................................................................................. 299

CHAPTER III DISTINCTIVE SIGNALS


Article 6 Use.............................................................................................. 300
Article 7 Light signal................................................................................. 300
Article 8 Radio signal................................................................................ 301
Article 9 Electronic identification ............................................................ 301

CHAPTER IV COMMUNICATIONS
Article 10 Radiocommunications............................................................... 302
Article 11 Use of international codes ......................................................... 302
Article 12 Other means of communication ............................................... 303
Article 13 Flight plans................................................................................. 303
Article 14 Signals and procedures for the interception of medical aircraft 303
238 CONTENTS

CHAPTER V CIVIL DEFENCE


Article 15 Identity card............................................................................... 304
Article 16 International distinctive sign..................................................... 306

CHAPTER VI WORKS AND INSTALLATIONS CONTAINING DANGEROUS FORCES


Article 17 International special sign........................................................... 307

ANNEX II
Identity card for journalists on dangerous professional missions ............ 308
V
PROTOCOL ADDITIONAL
TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949,
AND RELATING TO THE PROTECTION
OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS
(PROTOCOL I), OF 8 JUNE 1977

PREAMBLE

The High Contracting Parties,

Proclaiming their earnest wish to see peace prevail among peoples,

Recalling that every State has the duty, in conformity with the Charter of the
United Nations, to refrain in its international relations from the threat or use of
force against the sovereignty, territorial integrity or political independence of any
State, or in any other manner inconsistent with the purposes of the United Nations,

Believing it necessary nevertheless to reaffirm and develop the provisions


protecting the victims of armed conflicts and to supplement measures intended to
reinforce their application,

Expressing their conviction that nothing in this Protocol or in the Geneva


Conventions of 12 August 1949 can be construed as legitimizing or authorizing any
act of aggression or any other use of force inconsistent with the Charter of the
United Nations,

Reaffirming further that the provisions of the Geneva Conventions of


12 August 1949 and of this Protocol must be fully applied in all circumstances to all
persons who are protected by those instruments, without any adverse distinction
based on the nature or origin of the armed conflict or on the causes espoused by or
attributed to the Parties to the conflict,

Have agreed on the following:


240 ADDITIONAL PROTOCOL I OF 1977

PART I

GENERAL PROVISIONS

Article 1 General principles and scope of application


1. The High Contracting Parties undertake to respect and to ensure respect for this
Protocol in all circumstances.
2. In cases not covered by this Protocol or by other international agreements,
civilians and combatants remain under the protection and authority of the
principles of international law derived from established custom, from the
principles of humanity and from the dictates of public conscience.
3. This Protocol, which supplements the Geneva Conventions of 12 August 1949
for the protection of war victims, shall apply in the situations referred to in
Article 2 common to those Conventions.
4. The situations referred to in the preceding paragraph include armed conflicts in
which peoples are fighting against colonial domination and alien occupation and
against racist rgimes in the exercise of their right of self-determination, as
enshrined in the Charter of the United Nations and the Declaration on Principles
of International Law concerning Friendly Relations and Co-operation among
States in accordance with the Charter of the United Nations.

Article 2 Definitions
For the purposes of this Protocol:
a) First Convention, Second Convention, Third Convention and Fourth
Convention mean, respectively, the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed Forces in
the Field of 12 August 1949; the Geneva Convention for the Amelioration of
the Condition of Wounded, Sick and Shipwrecked Members of Armed
Forces at Sea of 12 August 1949; the Geneva Convention relative to the
Treatment of Prisoners of War of 12 August 1949; the Geneva Convention
relative to the Protection of Civilian Persons in Time of War of 12 August
1949; the Conventions means the four Geneva Conventions of 12 August
1949 for the protection of war victims;
b) rules of international law applicable in armed conflict means the rules
applicable in armed conflict set forth in international agreements to which
the Parties to the conflict are Parties and the generally recognized principles
and rules of international law which are applicable to armed conflict;
c) Protecting Power means a neutral or other State not a Party to the conflict
which has been designated by a Party to the conflict and accepted by the
adverse Party and has agreed to carry out the functions assigned to a
Protecting Power under the Conventions and this Protocol;
INTERNATIONAL ARMED CONFLICTS 241

d) substitute means an organization acting in place of a Protecting Power in


accordance with Article 5.

Article 3 Beginning and end of application


Without prejudice to the provisions which are applicable at all times:
a) the Conventions and this Protocol shall apply from the beginning of any
situation referred to in Article 1 of this Protocol;
b) the application of the Conventions and of this Protocol shall cease, in the
territory of Parties to the conflict, on the general close of military operations
and, in the case of occupied territories, on the termination of the occupation,
except, in either circumstance, for those persons whose final release,
repatriation or re-establishment takes place thereafter. These persons shall
continue to benefit from the relevant provisions of the Conventions and of
this Protocol until their final release, repatriation or re-establishment.

Article 4 Legal status of the Parties to the conflict


The application of the Conventions and of this Protocol, as well as the conclusion
of the agreements provided for therein, shall not affect the legal status of the Parties
to the conflict. Neither the occupation of a territory nor the application of the
Conventions and this Protocol shall affect the legal status of the territory in
question.

Article 5 Appointment of Protecting Powers and of their substitute


1. It is the duty of the Parties to a conflict from the beginning of that conflict to
secure the supervision and implementation of the Conventions and of this
Protocol by the application of the system of Protecting Powers, including inter
alia the designation and acceptance of those Powers, in accordance with the
following paragraphs. Protecting Powers shall have the duty of safeguarding the
interests of the Parties to the conflict.
2. From the beginning of a situation referred to in Article 1, each Party to the
conflict shall without delay designate a Protecting Power for the purpose of
applying the Conventions and this Protocol and shall, likewise without delay and
for the same purpose, permit the activities of a Protecting Power which has been
accepted by it as such after designation by the adverse Party.
3. If a Protecting Power has not been designated or accepted from the beginning of
a situation referred to in Article 1, the International Committee of the Red Cross,
without prejudice to the right of any other impartial humanitarian organization
to do likewise, shall offer its good offices to the Parties to the conflict with a view
to the designation without delay of a Protecting Power to which the Parties to the
conflict consent. For that purpose it may, inter alia, ask each Party to provide it
with a list of at least five States which that Party considers acceptable to act as
242 ADDITIONAL PROTOCOL I OF 1977

Protecting Power on its behalf in relation to an adverse Party, and ask each
adverse Party to provide a list of at least five States which it would accept as the
Protecting Power of the first Party; these lists shall be communicated to the
Committee within two weeks after the receipt of the request; it shall compare
them and seek the agreement of any proposed State named on both lists.
4. If, despite the foregoing, there is no Protecting Power, the Parties to the conflict
shall accept without delay an offer which may be made by the International
Committee of the Red Cross or by any other organization which offers all
guarantees of impartiality and efficacy, after due consultations with the said
Parties and taking into account the result of these consultations, to act as a
substitute. The functioning of such a substitute is subject to the consent of the
Parties to the conflict; every effort shall be made by the Parties to the conflict to
facilitate the operations of the substitute in the performance of its tasks under
the Conventions and this Protocol.
5. In accordance with Article 4, the designation and acceptance of Protecting
Powers for the purpose of applying the Conventions and this Protocol shall not
affect the legal status of the Parties to the conflict or of any territory, including
occupied territory.
6. The maintenance of diplomatic relations between Parties to the conflict or the
entrusting of the protection of a Partys interests and those of its nationals to a
third State in accordance with the rules of international law relating to
diplomatic relations is no obstacle to the designation of Protecting Powers for
the purpose of applying the Conventions and this Protocol.
7. Any subsequent mention in this Protocol of a Protecting Power includes also a
substitute.

Article 6 Qualified persons


1. The High Contracting Parties shall, also in peacetime, endeavour, with the
assistance of the national Red Cross (Red Crescent, Red Lion and Sun) Societies,
to train qualified personnel to facilitate the application of the Conventions and
of this Protocol, and in particular the activities of the Protecting Powers.
2. The recruitment and training of such personnel are within domestic
jurisdiction.
3. The International Committee of the Red Cross shall hold at the disposal of the
High Contracting Parties the lists of persons so trained which the High
Contracting Parties may have established and may have transmitted to it for that
purpose.
4. The conditions governing the employment of such personnel outside the
national territory shall, in each case, be the subject of special agreements
between the Parties concerned.
INTERNATIONAL ARMED CONFLICTS 243

Article 7 Meetings
The depositary of this Protocol shall convene a meeting of the High Contracting
Parties, at the request of one or more of the said Parties and upon the approval of
the majority of the said Parties, to consider general problems concerning the
application of the Conventions and of the Protocol.

PART II

WOUNDED, SICK AND SHIPWRECKED

SECTION I

GENERAL PROTECTION

Article 8 Terminology
For the purposes of this Protocol:
a) wounded and sick mean persons, whether military or civilian, who,
because of trauma, disease or other physical or mental disorder or disability,
are in need of medical assistance or care and who refrain from any act of
hostility. These terms also cover maternity cases, new-born babies and other
persons who may be in need of immediate medical assistance or care, such as
the infirm or expectant mothers, and who refrain from any act of hostility;
b) shipwrecked means persons, whether military or civilian, who are in peril
at sea or in other waters as a result of misfortune affecting them or the vessel
or aircraft carrying them and who refrain from any act of hostility. These
persons, provided that they continue to refrain from any act of hostility, shall
continue to be considered shipwrecked during their rescue until they acquire
another status under the Conventions or this Protocol;
c) medical personnel means those persons assigned, by a Party to the conflict,
exclusively to the medical purposes enumerated under sub-paragraph e) or
to the administration of medical units or to the operation or administration
of medical transports. Such assignments may be either permanent or
temporary. The term includes:
i) medical personnel of a Party to the conflict, whether military or
civilian, including those described in the First and Second
Conventions, and those assigned to civil defence organizations;
244 ADDITIONAL PROTOCOL I OF 1977

ii) medical personnel of national Red Cross (Red Crescent, Red Lion
and Sun) Societies and other national voluntary aid societies duly
recognized and authorized by a Party to the conflict;
iii) medical personnel of medical units or medical transports described
in Article 9, paragraph 2;
d) religious personnel means military or civilian persons, such as chaplains,
who are exclusively engaged in the work of their ministry and attached:
i) to the armed forces of a Party to the conflict;
ii) to medical units or medical transports of a Party to the conflict;
iii) to medical units or medical transports described in Article 9,
paragraph 2; or
iv) to civil defence organizations of a Party to the conflict.
The attachment of religious personnel may be either permanent or
temporary, and the relevant provisions mentioned under sub-paragraph k)
apply to them;
e) medical units means establishments and other units, whether military or
civilian, organized for medical purposes, namely the search for, collection,
transportation, diagnosis or treatment including first-aid treatment of
the wounded, sick and shipwrecked, or for the prevention of disease. The
term includes, for example, hospitals and other similar units, blood
transfusion centres, preventive medicine centres and institutes, medical
depots and the medical and pharmaceutical stores of such units. Medical
units may be fixed or mobile, permanent or temporary;
f) medical transportation means the conveyance by land, water or air of the
wounded, sick, shipwrecked, medical personnel, religious personnel, medical
equipment or medical supplies protected by the Conventions and by this
Protocol;
g) medical transports means any means of transportation, whether military
or civilian, permanent or temporary, assigned exclusively to medical
transportation and under the control of a competent authority of a Party to
the conflict;
h) medical vehicles means any medical transports by land;
i) medical ships and craft means any medical transports by water;
j) medical aircraft means any medical transports by air;
k) permanent medical personnel, permanent medical units and permanent
medical transports mean those assigned exclusively to medical purposes for
an indeterminate period.Temporary medical personnel,temporary medical
units and temporary medical transports mean those devoted exclusively to
medical purposes for limited periods during the whole of such periods. Unless
otherwise specified, the terms medical personnel, medical units and
medical transports cover both permanent and temporary categories;
INTERNATIONAL ARMED CONFLICTS 245

l) distinctive emblem means the distinctive emblem of the red cross, red
crescent or red lion and sun on a white ground when used for the protection
of medical units and transports, or medical and religious personnel,
equipment or supplies;
m) distinctive signal means any signal or message specified for the
identification exclusively of medical units or transports in Chapter III of
Annex I to this Protocol.

Article 9 Field of application


1. This Part, the provisions of which are intended to ameliorate the condition of the
wounded, sick and shipwrecked, shall apply to all those affected by a situation
referred to in Article 1, without any adverse distinction founded on race, colour,
sex, language, religion or belief, political or other opinion, national or social
origin, wealth, birth or other status, or on any other similar criteria.
2. The relevant provisions of Articles 27 and 32 of the First Convention shall apply
to permanent medical units and transports (other than hospital ships, to which
Article 25 of the Second Convention applies) and their personnel made available
to a Party to the conflict for humanitarian purposes:
a) by a neutral or other State which is not a Party to that conflict;
b) by a recognized and authorized aid society of such a State;
c) by an impartial international humanitarian organization.

Article 10 Protection and care


1. All the wounded, sick and shipwrecked, to whichever Party they belong, shall be
respected and protected.
2. In all circumstances they shall be treated humanely and shall receive, to the
fullest extent practicable and with the least possible delay, the medical care and
attention required by their condition. There shall be no distinction among them
founded on any grounds other than medical ones.

Article 11 Protection of persons


1. The physical or mental health and integrity of persons who are in the power of
the adverse Party or who are interned, detained or otherwise deprived of liberty
as a result of a situation referred to in Article 1 shall not be endangered by any
unjustified act or omission. Accordingly, it is prohibited to subject the persons
described in this Article to any medical procedure which is not indicated by the
state of health of the person concerned and which is not consistent with
generally accepted medical standards which would be applied under similar
medical circumstances to persons who are nationals of the Party conducting the
procedure and who are in no way deprived of liberty.
246 ADDITIONAL PROTOCOL I OF 1977

2. It is, in particular, prohibited to carry out on such persons, even with their
consent:
a) physical mutilations;
b) medical or scientific experiments;
c) removal of tissue or organs for transplantation,
except where these acts are justified in conformity with the conditions provided
for in paragraph 1.
3. Exceptions to the prohibition in paragraph 2 c) may be made only in the case of
donations of blood for transfusion or of skin for grafting, provided that they are
given voluntarily and without any coercion or inducement, and then only for
therapeutic purposes. under conditions consistent with generally accepted
medical standards and controls designed for the benefit of both the donor and
the recipient.
4. Any wilful act or omission which seriously endangers the physical or mental
health or integrity of any person who is in the power of a Party other than the
one on which he depends and which either violates any of the prohibitions in
paragraphs 1 and 2 or fails to comply with the requirements of paragraph 3 shall
be a grave breach of this Protocol.
5. The persons described in paragraph 1 have the right to refuse any surgical
operation. In case of refusal, medical personnel shall endeavour to obtain a
written statement to that effect, signed or acknowledged by the patient.
6. Each Party to the conflict shall keep a medical record for every donation of
blood for transfusion or skin for grafting by persons referred to in paragraph 1,
if that donation is made under the responsibility of that Party. In addition, each
Party to the conflict shall endeavour to keep a record of all medical procedures
undertaken with respect to any person who is interned, detained or otherwise
deprived of liberty as a result of a situation referred to in Article 1. These records
shall be available at all times for inspection by the Protecting Power.

Article 12 Protection of medical units


1. Medical units shall be respected and protected at all times and shall not be the
object of attack.
2. Paragraph 1 shall apply to civilian medical units, provided that they:
a) belong to one of the Parties to the conflict;
b) are recognized and authorized by the competent authority of one of the
Parties to the conflict; or
c) are authorized in conformity with Article 9, paragraph 2, of this Protocol or
Article 27 of the First Convention.
INTERNATIONAL ARMED CONFLICTS 247

3. The Parties to the conflict are invited to notify each other of the location of their
medical units. The absence of such notification shall not exempt any of the
Parties from the obligation to comply with the provisions of paragraph 1.
4. Under no circumstances shall medical units be used in an attempt to shield
military objectives from attack. Whenever possible, the Parties to the conflict
shall ensure that medical units are so sited that attacks against military
objectives do not imperil their safety.
Article 13 Discontinuance of protection of civilian medical units
1. The protection to which civilian medical units are entitled shall not cease unless
they are used to commit, outside their humanitarian function, acts harmful to
the enemy. Protection may, however, cease only after a warning has been given
setting, whenever appropriate, a reasonable time-limit, and after such warning
has remained unheeded.
2. The following shall not be considered as acts harmful to the enemy:
a) that the personnel of the unit are equipped with light individual weapons for
their own defence or for that of the wounded and sick in their charge;
b) that the unit is guarded by a picket or by sentries or by an escort;
c) that small arms and ammunition taken from the wounded and sick, and not
yet handed to the proper service, are found in the units;
d) that members of the armed forces or other combatants are in the unit for
medical reasons.
Article 14 Limitations on requisition of civilian medical units
1. The Occupying Power has the duty to ensure that the medical needs of the
civilian population in occupied territory continue to be satisfied.
2. The Occupying Power shall not, therefore, requisition civilian medical units,
their equipment, their matriel or the services of their personnel, so long as these
resources are necessary for the provision of adequate medical services for the
civilian population and for the continuing medical care of any wounded and sick
already under treatment.
3. Provided that the general rule in paragraph 2 continues to be observed, the
Occupying Power may requisition the said resources, subject to the following
particular conditions:
a) that the resources are necessary for the adequate and immediate medical
treatment of the wounded and sick members of the armed forces of the
Occupying Power or of prisoners of war;
b) that the requisition continues only while such necessity exists; and
c) that immediate arrangements are made to ensure that the medical needs of
the civilian population, as well as those of any wounded and sick under
treatment who are affected by the requisition, continue to be satisfied.
248 ADDITIONAL PROTOCOL I OF 1977

Article 15 Protection of civilian medical and religious personnel


1. Civilian medical personnel shall be respected and protected.
2. If needed, all available help shall be afforded to civilian medical personnel in an
area where civilian medical services are disrupted by reason of combat activity.
3. The Occupying Power shall afford civilian medical personnel in occupied
territories every assistance to enable them to perform, to the best of their ability,
their humanitarian functions. The Occupying Power may not require that, in the
performance of those functions, such personnel shall give priority to the
treatment of any person except on medical grounds. They shall not be
compelled to carry out tasks which are not compatible with their humanitarian
mission.
4. Civilian medical personnel shall have access to any place where their services are
essential, subject to such supervisory and safety measures as the relevant Party
to the conflict may deem necessary.
5. Civilian religious personnel shall be respected and protected. The provisions of
the Conventions and of this Protocol concerning the protection and
identification of medical personnel shall apply equally to such persons.

Article 16 General protection of medical duties


1. Under no circumstances shall any person be punished for carrying out medical
activities compatible with medical ethics, regardless of the person benefiting
therefrom.
2. Persons engaged in medical activities shall not be compelled to perform acts or
to carry out work contrary to the rules of medical ethics or to other medical
rules designed for the benefit of the wounded and sick or to the provisions of the
Conventions or of this Protocol, or to refrain from performing acts or from
carrying out work required by those rules and provisions.
3. No person engaged in medical activities shall be compelled to give to anyone
belonging either to an adverse Party, or to his own Party except as required by
the law of the latter Party, any information concerning the wounded and sick
who are, or who have been, under his care, if such information would, in his
opinion, prove harmful to the patients concerned or to their families.
Regulations for the compulsory notification of communicable diseases shall,
however, be respected.

Article 17 Role of the civilian population and of aid societies


1. The civilian population shall respect the wounded, sick and shipwrecked, even if
they belong to the adverse Party, and shall commit no act of violence against
them. The civilian population and aid societies, such as national Red Cross (Red
Crescent, Red Lion and Sun) Societies, shall be permitted, even on their own
INTERNATIONAL ARMED CONFLICTS 249

initiative, to collect and care for the wounded, sick and shipwrecked, even in
invaded or occupied areas. No one shall be harmed, prosecuted, convicted or
punished for such humanitarian acts.
2. The Parties to the conflict may appeal to the civilian population and the aid
societies referred to in paragraph 1 to collect and care for the wounded, sick and
shipwrecked, and to search for the dead and report their location; they shall
grant both protection and the necessary facilities to those who respond to this
appeal. If the adverse Party gains or regains control of the area, that Party also
shall afford the same protection and facilities for so long as they are needed.

Article 18 Identification
1. Each Party to the conflict shall endeavour to ensure that medical and religious
personnel and medical units and transports are identifiable.
2. Each Party to the conflict shall also endeavour to adopt and to implement
methods and procedures which will make it possible to recognize medical units
and transports which use the distinctive emblem and distinctive signals.
3. In occupied territory and in areas where fighting is taking place or is likely to
take place, civilian medical personnel and civilian religious personnel should be
recognizable by the distinctive emblem and an identity card certifying their
status.
4. With the consent of the competent authority, medical units and transports shall
be marked by the distinctive emblem. The ships and craft referred to in
Article 22 of this Protocol shall be marked in accordance with the provisions of
the Second Convention.
5. In addition to the distinctive emblem, a Party to the conflict may, as provided in
Chapter III of Annex 1 to this Protocol, authorize the use of distinctive signals to
identify medical units and transports. Exceptionally, in the special cases covered
in that Chapter, medical transports may use distinctive signals without
displaying the distinctive emblem.
6. The application of the provisions of paragraphs 1 to 5 of this Article is governed
by Chapters I to III of Annex I to this Protocol. Signals designated in Chapter III
of the Annex for the exclusive use of medical units and transports shall not,
except as provided therein, be used for any purpose other than to identify the
medical units and transports specified in that Chapter.
7. This Article does not authorize any wider use of the distinctive emblem in
peacetime than is prescribed in Article 44 of the First Convention.
8. The provisions of the Conventions and of this Protocol relating to supervision
of the use of the distinctive emblem and to the prevention and repression of any
misuse thereof shall be applicable to distinctive signals.
250 ADDITIONAL PROTOCOL I OF 1977

Article 19 Neutral and other States not Parties to the conflict


Neutral and other States not Parties to the conflict shall apply the relevant
provisions of this Protocol to persons protected by this Part who may be received
or interned within their territory, and to any dead of the Parties to that conflict
whom they may find.

Article 20 Prohibition of reprisals


Reprisals against the persons and objects protected by this Part are prohibited.

SECTION II

MEDICAL TRANSPORTATION

Article 21 Medical vehicles


Medical vehicles shall be respected and protected in the same way as mobile med-
ical units under the Conventions and this Protocol.

Article 22 Hospital ships and coastal rescue craft


1. The provisions of the Conventions relating to:
a) vessels described in Articles 22, 24, 25 and 27 of the Second Convention,
b) their lifeboats and small craft,
c) their personnel and crews, and
d) the wounded, sick and shipwrecked on board,
shall also apply where these vessels carry civilian wounded, sick and
shipwrecked who do not belong to any of the categories mentioned in Article 13
of the Second Convention. Such civilians shall not, however, be subject to
surrender to any Party which is not their own, or to capture at sea. If they find
themselves in the power of a Party to the conflict other than their own, they shall
be covered by the Fourth Convention and by this Protocol.
2. The protection provided by the Conventions to vessels described in Article 25 of
the Second Convention shall extend to hospital ships made available for
humanitarian purposes to a Party to the conflict:
a) by a neutral or other State which is not a Party to that conflict; or
b) by an impartial international humanitarian organization,
provided that, in either case, the requirements set out in that Article are complied
with.
INTERNATIONAL ARMED CONFLICTS 251

3. Small craft described in Article 27 of the Second Convention shall be protected


even if the notification envisaged by that Article has not been made. The Parties
to the conflict are, nevertheless, invited to inform each other of any details of
such craft which will facilitate their identification and recognition.

Article 23 Other medical ships and craft


1. Medical ships and craft other than those referred to in Article 22 of this Protocol
and Article 38 of the Second Convention shall, whether at sea or in other waters,
be respected and protected in the same way as mobile medical units under the
Conventions and this Protocol. Since this protection can only be effective if they
can be identified and recognized as medical ships or craft, such vessels should be
marked with the distinctive emblem and as far as possible comply with the
second paragraph of Article 43 of the Second Convention.
2. The ships and craft referred to in paragraph 1 shall remain subject to the laws of
war. Any warship on the surface able immediately to enforce its command may
order them to stop, order them off, or make them take a certain course, and they
shall obey every such command. Such ships and craft may not in any other way
be diverted from their medical mission so long as they are needed for the
wounded, sick and shipwrecked on board.
3. The protection provided in paragraph 1 shall cease only under the conditions set
out in Articles 34 and 35 of the Second Convention. A clear refusal to obey a
command given in accordance with paragraph 2 shall be an act harmful to the
enemy under Article 34 of the Second Convention.
4. A Party to the conflict may notify any adverse Party as far in advance of sailing
as possible of the name, description, expected time of sailing, course and
estimated speed of the medical ship or craft, particularly in the case of ships of
over 2,000 gross tons, and may provide any other information which would
facilitate identification and recognition. The adverse Party shall acknowledge
receipt of such information.
5. The provisions of Article 37 of the Second Convention shall apply to medical
and religious personnel in such ships and craft.
6. The provisions of the Second Convention shall apply to the wounded, sick and
shipwrecked belonging to the categories referred to in Article 13 of the Second
Convention and in Article 44 of this Protocol who may be on board such
medical ships and craft. Wounded, sick and shipwrecked civilians who do not
belong to any of the categories mentioned in Article 13 of the Second
Convention shall not be subject, at sea, either to surrender to any Party which is
not their own, or to removal from such ships or craft; if they find themselves in
the power of a Party to the conflict other than their own, they shall be covered
by the Fourth Convention and by this Protocol.
252 ADDITIONAL PROTOCOL I OF 1977

Article 24 Protection of medical aircraft


Medical aircraft shall be respected and protected, subject to the provisions of this
Part.

Article 25 Medical aircraft in areas not controlled by an adverse Party


In and over land areas physically controlled by friendly forces, or in and over sea
areas not physically controlled by an adverse Party, the respect and protection of
medical aircraft of a Party to the conflict is not dependent on any agreement with
an adverse Party. For greater safety, however, a Party to the conflict operating its
medical aircraft in these areas may notify the adverse Party, as provided in
Article 29, in particular when such aircraft are making flights bringing them with-
in range of surface-to-air weapons systems of the adverse Party.

Article 26 Medical aircraft in contact or similar zones


1. In and over those parts of the contact zone which are physically controlled by
friendly forces and in and over those areas the physical control of which is not
clearly established, protection for medical aircraft can be fully effective only by
prior agreement between the competent military authorities of the Parties to the
conflict, as provided for in Article 29. Although, in the absence of such an
agreement, medical aircraft operate at their own risk, they shall nevertheless be
respected after they have been recognized as such.
2. Contact zone means any area on land where the forward elements of opposing
forces are in contact with each other, especially where they are exposed to direct
fire from the ground.

Article 27 Medical aircraft in areas controlled by an adverse Party


1. The medical aircraft of a Party to the conflict shall continue to be protected
while flying over land or sea areas physically controlled by an adverse Party,
provided that prior agreement to such flights has been obtained from the
competent authority of that adverse Party.
2. A medical aircraft which flies over an area physically controlled by an adverse
Party without, or in deviation from the terms of, an agreement provided for in
paragraph 1, either through navigational error or because of an emergency
affecting the safety of the flight, shall make every effort to identify itself and to
inform the adverse Party of the circumstances. As soon as such medical aircraft
has been recognized by the adverse Party, that Party shall make all reasonable
efforts to give the order to land or to alight on water, referred to in Article 30,
paragraph 1, or to take other measures to safeguard its own interests, and, in
either case, to allow the aircraft time for compliance, before resorting to an
attack against the aircraft.
INTERNATIONAL ARMED CONFLICTS 253

Article 28 Restrictions on operations of medical aircraft


1. The Parties to the conflict are prohibited from using their medical aircraft to
attempt to acquire any military advantage over an adverse Party. The presence of
medical aircraft shall not be used in an attempt to render military objectives
immune from attack.
2. Medical aircraft shall not be used to collect or transmit intelligence data and
shall not carry any equipment intended for such purposes. They are prohibited
from carrying any persons or cargo not included within the definition in
Article 8, sub-paragraph f). The carrying on board of the personal effects of
the occupants or of equipment intended solely to facilitate navigation,
communication, or identification shall not be considered as prohibited.
3. Medical aircraft shall not carry any armament except small arms and
ammunition taken from the wounded, sick and shipwrecked on board and not
yet handed to the proper service, and such light individual weapons as may be
necessary to enable the medical personnel on board to defend themselves and
the wounded, sick and shipwrecked in their charge.
4. While carrying out the flights referred to in Articles 26 and 27, medical aircraft
shall not, except by prior agreement with the adverse Party, be used to search for
the wounded, sick and shipwrecked.

Article 29 Notifications and agreements concerning medical aircraft


1. Notifications under Article 25, or requests for prior agreement under Articles 26,
27, 28 (paragraph 4), or 31 shall state the proposed number of medical aircraft,
their flight plans and means of identification, and shall be understood to mean
that every flight will be carried out in compliance with Article 28.
2. A Party which receives a notification given under Article 25 shall at once
acknowledge receipt of such notification.
3. A Party which receives a request for prior agreement under Articles 26, 27, 28
(paragraph 4), or 31 shall, as rapidly as possible, notify the requesting Party:
a) that the request is agreed to;
b) that the request is denied; or
c) of reasonable alternative proposals to the request. It may also propose a
prohibition or restriction of other flights in the area during the time
involved. If the Party which submitted the request accepts the alternative
proposals, it shall notify the other Party of such acceptance.
4. The Parties shall take the necessary measures to ensure that notifications and
agreements can be made rapidly.
5. The Parties shall also take the necessary measures to disseminate rapidly the
substance of any such notifications and agreements to the military units
254 ADDITIONAL PROTOCOL I OF 1977

concerned and shall instruct those units regarding the means of identification
that will be used by the medical aircraft in question.

Article 30 Landing and inspection of medical aircraft


1. Medical aircraft flying over areas which are physically controlled by an adverse
Party, or over areas the physical control of which is not clearly established, may be
ordered to land or to alight on water, as appropriate, to permit inspection in accor-
dance with the following paragraphs. Medical aircraft shall obey any such order.
2. If such an aircraft lands or alights on water, whether ordered to do so or for other
reasons, it may be subjected to inspection solely to determine the matters
referred to in paragraphs 3 and 4. Any such inspection shall be commenced
without delay and shall be conducted expeditiously. The inspecting Party shall
not require the wounded and sick to be removed from the aircraft unless their
removal is essential for the inspection. That Party shall in any event ensure that
the condition of the wounded and sick is not adversely affected by the inspection
or by the removal.
3. If the inspection discloses that the aircraft:
a) is a medical aircraft within the meaning of Article 8, sub-paragraph j),
b) is not in violation of the conditions prescribed in Article 28, and
c) has not flown without or in breach of a prior agreement where such
agreement is required,
the aircraft and those of its occupants who belong to the adverse Party or to a
neutral or other State not a Party to the conflict shall be authorized to continue
the flight without delay.
4. If the inspection discloses that the aircraft:
a) is not a medical aircraft within the meaning of Article 8, sub-paragraph j),
b) is in violation of the conditions prescribed in Article 28, or
c) has flown without or in breach of a prior agreement where such agreement is
required,
the aircraft may be seized. Its occupants shall be treated in conformity with the
relevant provisions of the Conventions and of this Protocol. Any aircraft seized
which had been assigned as a permanent medical aircraft may be used thereafter
only as a medical aircraft.

Article 31 Neutral or other States not Parties to the conflict


1. Except by prior agreement, medical aircraft shall not fly over or land in the
territory of a neutral or other State not a Party to the conflict. However, with
such an agreement, they shall be respected throughout their flight and also for
the duration of any calls in the territory. Nevertheless they shall obey any
summons to land or to alight on water, as appropriate.
INTERNATIONAL ARMED CONFLICTS 255

2. Should a medical aircraft, in the absence of an agreement or in deviation from


the terms of an agreement, fly over the territory of a neutral or other State not a
Party to the conflict, either through navigational error or because of an
emergency affecting the safety of the flight, it shall make every effort to give
notice of the flight and to identify itself. As soon as such medical aircraft is
recognized, that State shall make all reasonable efforts to give the order to land
or to alight on water referred to in Article 30, paragraph 1, or to take other
measures to safeguard its own interests, and, in either case, to allow the aircraft
time for compliance, before resorting to an attack against the aircraft.
3. If a medical aircraft, either by agreement or in the circumstances mentioned in
paragraph 2, lands or alights on water in the territory of a neutral or other State
not Party to the conflict, whether ordered to do so or for other reasons, the
aircraft shall be subject to inspection for the purposes of determining whether it
is in fact a medical aircraft. The inspection shall be commenced without delay
and shall be conducted expeditiously. The inspecting Party shall not require the
wounded and sick of the Party operating the aircraft to be removed from it
unless their removal is essential for the inspection. The inspecting Party shall in
any event ensure that the condition of the wounded and sick is not adversely
affected by the inspection or the removal. If the inspection discloses that the
aircraft is in fact a medical aircraft, the aircraft with its occupants, other than
those who must be detained in accordance with the rules of international law
applicable in armed conflict, shall be allowed to resume its flight, and reasonable
facilities shall be given for the continuation of the flight. If the inspection
discloses that the aircraft is not a medical aircraft, it shall be seized and the
occupants treated in accordance with paragraph 4.
4. The wounded, sick and shipwrecked disembarked, otherwise than temporarily,
from a medical aircraft with the consent of the local authorities in the territory
of a neutral or other State not a Party to the conflict shall, unless agreed
otherwise between that State and the Parties to the conflict, be detained by that
State where so required by the rules of international law applicable in armed
conflict, in such a manner that they cannot again take part in the hostilities. The
cost of hospital treatment and internment shall be borne by the State to which
those persons belong.
5. Neutral or other States not Parties to the conflict shall apply any conditions and
restrictions on the passage of medical aircraft over, or on the landing of medical
aircraft in, their territory equally to all Parties to the conflict.
256 ADDITIONAL PROTOCOL I OF 1977

SECTION III

MISSING AND DEAD PERSONS

Article 32 General principle


In the implementation of this Section, the activities of the High Contracting
Parties, of the Parties to the conflict and of the international humanitarian organi-
zations mentioned in the Conventions and in this Protocol shall be prompted
mainly by the right of families to know the fate of their relatives.

Article 33 Missing persons


1. As soon as circumstances permit, and at the latest from the end of active
hostilities, each Party to the conflict shall search for the persons who have been
reported missing by an adverse Party. Such adverse Party shall transmit all
relevant information concerning such persons in order to facilitate such
searches.
2. In order to facilitate the gathering of information pursuant to the preceding
paragraph, each Party to the conflict shall, with respect to persons who would
not receive more favourable consideration under the Conventions and this
Protocol:
a) record the information specified in Article 138 of the Fourth Convention in
respect of such persons who have been detained, imprisoned or otherwise
held in captivity for more than two weeks as a result of hostilities or
occupation, or who have died during any period of detention;
b) to the fullest extent possible, facilitate and, if need be, carry out the search for
and the recording of information concerning such persons if they have died
in other circumstances as a result of hostilities or occupation.
3. Information concerning persons reported missing pursuant to paragraph 1 and
requests for such information shall be transmitted either directly or through the
Protecting Power or the Central Tracing Agency of the International Committee
of the Red Cross or national Red Cross (Red Crescent, Red Lion and Sun)
Societies. Where the information is not transmitted through the International
Committee of the Red Cross and its Central Tracing Agency, each Party to the
conflict shall ensure that such information is also supplied to the Central Tracing
Agency.
4. The Parties to the conflict shall endeavour to agree on arrangements for teams
to search for, identify and recover the dead from battlefied areas, including
arrangements, if appropriate, for such teams to be accompanied by personnel of
the adverse Party while carrying out these missions in areas controlled by the
adverse Party. Personnel of such teams shall be respected and protected while
exclusively carrying out these duties.
INTERNATIONAL ARMED CONFLICTS 257

Article 34 Remains of deceased


1. The remains of persons who have died for reasons related to occupation or in
detention resulting from occupation or hostilities and those of persons not
nationals of the country in which they have died as a result of hostilities shall be
respected, and the gravesites of all such persons shall be respected, maintained
and marked as provided for in Article 130 of the Fourth Convention, where their
remains or gravesites would not receive more favourable consideration under
the Conventions and this Protocol.
2. As soon as circumstances and the relations between the adverse Parties permit,
the High Contracting Parties in whose territories graves and, as the case may be,
other locations of the remains of persons who have died as a result of hostilities
or during occupation or in detention are situated, shall conclude agreements
in order:
a) to facilitate access to the gravesites by relatives of the deceased and by
representatives of official graves registration services and to regulate the
practical arrangements for such access;
b) to protect and maintain such gravesites permanently;
c) to facilitate the return of the remains of the deceased and of personal effects
to the home country upon its request or, unless that country objects, upon
the request of the next of kin.
3. In the absence of the agreements provided for in paragraph 2 b) or c) and if the
home country of such deceased is not willing to arrange at its expense for the
maintenance of such gravesites, the High Contracting Party in whose territory
the gravesites are situated may offer to facilitate the return of the remains of the
deceased to the home country. Where such an offer has not been accepted the
High Contracting Party may, after the expiry of five years from the date of the
offer and upon due notice to the home country, adopt the arrangements laid
down in its own laws relating to cemeteries and graves.
4. A High Contracting Party in whose territory the gravesites referred to in this
Article are situated shall be permitted to exhume the remains only:
a) in accordance with paragraphs 2 c) and 3, or
b) where exhumation is a matter of overriding public necessity, including cases
of medical and investigative necessity, in which case the High Contracting
Party shall at all times respect the remains, and shall give notice to the home
country of its intention to exhume the remains together with details of the
intended place of reinterment.
258 ADDITIONAL PROTOCOL I OF 1977

PART III

METHODS AND MEANS OF WARFARE


COMBATANT AND PRISONER-OF-WAR STATUS

SECTION I

METHODS AND MEANS OF WARFARE

Article 35 Basic rules


1. In any armed conflict, the right of the Parties to the conflict to choose methods
or means of warfare is not unlimited.
2. It is prohibited to employ weapons, projectiles and material and methods of
warfare of a nature to cause superfluous injury or unnecessary suffering.
3. It is prohibited to employ methods or means of warfare which are intended, or
may be expected, to cause widespread, long-term and severe damage to the
natural environment.

Article 36 New weapons


In the study, development, acquisition or adoption of a new weapon, means or
method of warfare, a High Contracting Party is under an obligation to determine
whether its employment would, in some or all circumstances, be prohibited by this
Protocol or by any other rule of international law applicable to the High
Contracting Party.

Article 37 Prohibition of perfidy


1. It is prohibited to kill, injure or capture an adversary by resort to perfidy. Acts
inviting the confidence of an adversary to lead him to believe that he is entitled
to, or is obliged to accord, protection under the rules of international law
applicable in armed conflict, with intent to betray that confidence, shall
constitute perfidy. The following acts are examples of perfidy:
a) the feigning of an intent to negotiate under a flag of truce or of a surrender;
b) the feigning of an incapacitation by wounds or sickness;
c) the feigning of civilian, non-combatant status; and
d) the feigning of protected status by the use of signs, emblems or uniforms of the
United Nations or of neutral or other States not Parties to the conflict.
INTERNATIONAL ARMED CONFLICTS 259

2. Ruses of war are not prohibited. Such ruses are acts which are intended to
mislead an adversary or to induce him to act recklessly but which infringe no
rule of international law applicable in armed conflict and which are not
perfidious because they do not invite the confidence of an adversary with
respect to protection under that law. The following are examples of such ruses:
the use of camouflage, decoys, mock operations and misinformation.

Article 38 Recognized emblems


1. It is prohibited to make improper use of the distinctive emblem of the red cross,
red crescent or red lion and sun or of other emblems, signs or signals provided
for by the Conventions or by this Protocol. It is also prohibited to misuse
deliberately in an armed conflict other internationally recognized protective
emblems, signs or signals, including the flag of truce, and the protective emblem
of cultural property.
2. It is prohibited to make use of the distinctive emblem of the United Nations,
except as authorized by that Organization.

Article 39 Emblems of nationality


1. It is prohibited to make use in an armed conflict of the flags or military emblems,
insignia or uniforms of neutral or other States not Parties to the conflict.
2. It is prohibited to make use of the flags or military emblems, insignia or
uniforms of adverse Parties while engaging in attacks or in order to shield,
favour, protect or impede military operations.
3. Nothing in this Article or in Article 37, paragraph 1 d), shall affect the existing
generally recognized rules of international law applicable to espionage or to the
use of flags in the conduct of armed conflict at sea.

Article 40 Quarter
It is prohibited to order that there shall be no survivors, to threaten an adversary
therewith or to conduct hostilities on this basis.

Article 41 Safeguard of an enemy hors de combat


1. A person who is recognized or who, in the circumstances, should be recognized
to be hors de combat shall not be made the object of attack.
2. A person is hors de combat if:
a) he is in the power of an adverse Party;
b) he clearly expresses an intention to surrender; or
c) he has been rendered unconscious or is otherwise incapacitated by wounds
or sickness, and therefore is incapable of defending himself;
260 ADDITIONAL PROTOCOL I OF 1977

provided that in any of these cases he abstains from any hostile act and does not
attempt to escape.
3. When persons entitled to protection as prisoners of war have fallen into the
power of an adverse Party under unusual conditions of combat which prevent
their evacuation as provided for in Part III, Section I, of the Third Convention,
they shall be released and all feasible precautions shall be taken to ensure their
safety.

Article 42 Occupants of aircraft


1. No person parachuting from an aircraft in distress shall be made the object of
attack during his descent.
2. Upon reaching the ground in territory controlled by an adverse Party, a person
who has parachuted from an aircraft in distress shall be given an opportunity to
surrender before being made the object of attack, unless it is apparent that he is
engaging in a hostile act.
3. Airborne troops are not protected by this Article.

SECTION II

COMBATANT AND PRISONER-OF-WAR STATUS

Article 43 Armed forces


1. The armed forces of a Party to a conflict consist of all organized armed forces,
groups and units which are under a command responsible to that Party for the
conduct of its subordinates, even if that Party is represented by a government or
an authority not recognized by an adverse Party. Such armed forces shall be
subject to an internal disciplinary system which, inter alia, shall enforce
compliance with the rules of international law applicable in armed conflict.
2. Members of the armed forces of a Party to a conflict (other than medical
personnel and chaplains covered by Article 33 of the Third Convention) are
combatants, that is to say, they have the right to participate directly in hostilities.
3. Whenever a Party to a conflict incorporates a paramilitary or armed law
enforcement agency into its armed forces it shall so notify the other Parties to
the conflict.
INTERNATIONAL ARMED CONFLICTS 261

Article 44 Combatants and prisoners of war


1. Any combatant, as defined in Article 43, who falls into the power of an adverse
Party shall be a prisoner of war.
2. While all combatants are obliged to comply with the rules of international law
applicable in armed conflict, violations of these rules shall not deprive a
combatant of his right to be a combatant or, if he falls into the power of an
adverse Party, of his right to be a prisoner of war, except as provided in
paragraphs 3 and 4.
3. In order to promote the protection of the civilian population from the effects of
hostilities, combatants are obliged to distinguish themselves from the civilian
population while they are engaged in an attack or in a military operation
preparatory to an attack. Recognizing, however, that there are situations in
armed conflicts where, owing to the nature of the hostilities an armed combatant
cannot so distinguish himself, he shall retain his status as a combatant, provided
that, in such situations, he carries his arms openly:
a) during each military engagement, and
b) during such time as he is visible to the adversary while he is engaged in a
military deployment preceding the launching of an attack in which he is to
participate.
Acts which comply with the requirements of this paragraph shall not be
considered as perfidious within the meaning of Article 37, paragraph 1 c).
4. A combatant who falls into the power of an adverse Party while failing to meet
the requirements set forth in the second sentence of paragraph 3 shall forfeit his
right to be a prisoner of war, but he shall, nevertheless, be given protections
equivalent in all respects to those accorded to prisoners of war by the Third
Convention and by this Protocol. This protection includes protections
equivalent to those accorded to prisoners of war by the Third Convention in the
case where such a person is tried and punished for any offences he has
committed.
5. Any combatant who falls into the power of an adverse Party while not engaged
in an attack or in a military operation preparatory to an attack shall not forfeit
his rights to be a combatant and a prisoner of war by virtue of his prior activities.
6. This Article is without prejudice to the right of any person to be a prisoner of
war pursuant to Article 4 of the Third Convention.
7. This Article is not intended to change the generally accepted practice of States
with respect to the wearing of the uniform by combatants assigned to the
regular, uniformed armed units of a Party to the conflict.
8. In addition to the categories of persons mentioned in Article 13 of the First and
Second Conventions, all members of the armed forces of a Party to the conflict,
as defined in Article 43 of this Protocol, shall be entitled to protection under
262 ADDITIONAL PROTOCOL I OF 1977

those Conventions if they are wounded or sick or, in the case of the Second
Convention, shipwrecked at sea or in other waters.

Article 45 Protection of persons who have taken part in hostilities


1. A person who takes part in hostilities and falls into the power of an adverse
Party shall be presumed to be a prisoner of war, and therefore shall be protected
by the Third Convention, if he claims the status of prisoner of war, or if he
appears to be entitled to such status, or if the Party on which he depends claims
such status on his behalf by notification to the detaining Power or to the
Protecting Power. Should any doubt arise as to whether any such person is
entitled to the status of prisoner of war, he shall continue to have such status and,
therefore, to be protected by the Third Convention and this Protocol until such
time as his status has been determined by a competent tribunal.
2. If a person who has fallen into the power of an adverse Party is not held as a
prisoner of war and is to be tried by that Party for an offence arising out of the
hostilities, he shall have the right to assert his entitlement to prisoner-of-war
status before a judicial tribunal and to have that question adjudicated.Whenever
possible under the applicable procedure, this adjudication shall occur before the
trial for the offence. The representatives of the Protecting Power shall be entitled
to attend the proceedings in which that question is adjudicated, unless,
exceptionally, the proceedings are held in camera in the interest of State security.
In such a case the detaining Power shall advise the Protecting Power accordingly.
3. Any person who has taken part in hostilities, who is not entitled to prisoner-of-
war status and who does not benefit from more favourable treatment in
accordance with the Fourth Convention shall have the right at all times to the
protection of Article 75 of this Protocol. In occupied territory, any such person,
unless he is held as a spy, shall also be entitled, notwithstanding Article 5 of the
Fourth Convention, to his rights of communication under that Convention.

Article 46 Spies
1. Notwithstanding any other provision of the Conventions or of this Protocol, any
member of the armed forces of a Party to the conflict who falls into the power of
an adverse Party while engaging in espionage shall not have the right to the
status of prisoner of war and may be treated as a spy.
2. A member of the armed forces of a Party to the conflict who, on behalf of that
Party and in territory controlled by an adverse Party, gathers or attempts to
gather information shall not be considered as engaging in espionage if, while so
acting, he is in the uniform of his armed forces.
3. A member of the armed forces of a Party to the conflict who is a resident of
territory occupied by an adverse Party and who, on behalf of the Party on which
he depends, gathers or attempts to gather information of military value within
INTERNATIONAL ARMED CONFLICTS 263

that territory shall not be considered as engaging in espionage unless he does so


through an act of false pretences or deliberately in a clandestine manner.
Moreover, such a resident shall not lose his right to the status of prisoner of war
and may not be treated as a spy unless he is captured while engaging in
espionage.
4. A member of the armed forces of a Party to the conflict who is not a resident of
territory occupied by an adverse Party and who has engaged in espionage in that
territory shall not lose his right to the status of prisoner of war and may not be
treated as a spy unless he is captured before he has rejoined the armed forces to
which he belongs.

Article 47 Mercenaries
1. A mercenary shall not have the right to be a combatant or a prisoner of war.
2. A mercenary is any person who:
a) is specially recruited locally or abroad in order to fight in an armed conflict;
b) does, in fact, take a direct part in the hostilities;
c) is motivated to take part in the hostilities essentially by the desire for private
gain and, in fact, is promised, by or on behalf of a Party to the conflict,
material compensation substantially in excess of that promised or paid to
combatants of similar ranks and functions in the armed forces of that Party;
d) is neither a national of a Party to the conflict nor a resident of territory
controlled by a Party to the conflict;
e) is not a member of the armed forces of a Party to the conflict; and
f) has not been sent by a State which is not a Party to the conflict on official duty
as a member of its armed forces.
264 ADDITIONAL PROTOCOL I OF 1977

PART IV

CIVILIAN POPULATION

SECTION I

GENERAL PROTECTION AGAINST EFFECTS OF HOSTILITIES

CHAPTER I

BASIC RULE AND FIELD OF APPLICATION

Article 48 Basic rule


In order to ensure respect for and protection of the civilian population and civilian
objects, the Parties to the conflict shall at all times distinguish between the civilian
population and combatants and between civilian objects and military objectives
and accordingly shall direct their operations only against military objectives.

Article 49 Definition of attacks and scope of application


1. Attacks means acts of violence against the adversary, whether in offence or in
defence.
2. The provisions of this Protocol with respect to attacks apply to all attacks in
whatever territory conducted, including the national territory belonging to a
Party to the conflict but under the control of an adverse Party.
3. The provisions of this Section apply to any land, air or sea warfare which may
affect the civilian population, individual civilians or civilian objects on land.
They further apply to all attacks from the sea or from the air against objectives
on land but do not otherwise affect the rules of international law applicable in
armed conflict at sea or in the air.
4. The provisions of this Section are additional to the rules concerning
humanitarian protection contained in the Fourth Convention, particularly in
Part II thereof, and in other international agreements binding upon the High
Contracting Parties, as well as to other rules of international law relating to the
protection of civilians and civilian objects on land, at sea or in the air against the
effects of hostilities.
INTERNATIONAL ARMED CONFLICTS 265

CHAPTER II

CIVILIANS AND CIVILIAN POPULATION

Article 50 Definition of civilians and civilian population


1. A civilian is any person who does not belong to one of the categories of persons
referred to in Article 4 A 1), 2), 3) and 6) of the Third Convention and in
Article 43 of this Protocol. In case of doubt whether a person is a civilian, that
person shall be considered to be a civilian.
2. The civilian population comprises all persons who are civilians.
3. The presence within the civilian population of individuals who do not come
within the definition of civilians does not deprive the population of its civilian
character.

Article 51 Protection of the civilian population


1. The civilian population and individual civilians shall enjoy general protection
against dangers arising from military operations. To give effect to this
protection, the following rules, which are additional to other applicable rules of
international law, shall be observed in all circumstances.
2. The civilian population as such, as well as individual civilians, shall not be the
object of attack. Acts or threats of violence the primary purpose of which is to
spread terror among the civilian population are prohibited.
3. Civilians shall enjoy the protection afforded by this Section, unless and for such
time as they take a direct part in hostilities.
4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:
a) those which are not directed at a specific military objective;
b) those which employ a method or means of combat which cannot be directed
at a specific military objective; or
c) those which employ a method or means of combat the effects of which
cannot be limited as required by this Protocol;
and consequently, in each such case, are of a nature to strike military objectives
and civilians or civilian objects without distinction.
5. Among others, the following types of attacks are to be considered as
indiscriminate:
a) an attack by bombardment by any methods or means which treats as a single
military objective a number of clearly separated and distinct military
objectives located in a city, town, village or other area containing a similar
concentration of civilians or civilian objects; and
266 ADDITIONAL PROTOCOL I OF 1977

b) an attack which may be expected to cause incidental loss of civilian life,


injury to civilians, damage to civilian objects, or a combination thereof,
which would be excessive in relation to the concrete and direct military
advantage anticipated.
6. Attacks against the civilian population or civilians by way of reprisals are
prohibited.
7. The presence or movements of the civilian population or individual civilians
shall not be used to render certain points or areas immune from military
operations, in particular in attempts to shield military objectives from attacks or
to shield, favour or impede military operations. The Parties to the conflict shall
not direct the movement of the civilian population or individual civilians in
order to attempt to shield military objectives from attacks or to shield military
operations.
8. Any violation of these prohibitions shall not release the Parties to the conflict
from their legal obligations with respect to the civilian population and civilians,
including the obligation to take the precautionary measures provided for in
Article 57.

CHAPTER III

CIVILIAN OBJECTS

Article 52 General protection of civilian objects


1. Civilian objects shall not be the object of attack or of reprisals. Civilian objects
are all objects which are not military objectives as defined in paragraph 2.
2. Attacks shall be limited strictly to military objectives. In so far as objects are
concerned, military objectives are limited to those objects which by their nature,
location, purpose or use make an effective contribution to military action and
whose total or partial destruction, capture or neutralization, in the
circumstances ruling at the time, offers a definite military advantage.
3. In case of doubt whether an object which is normally dedicated to civilian
purposes, such as a place of worship, a house or other dwelling or a school, is
being used to make an effective contribution to military action, it shall be
presumed not to be so used.
INTERNATIONAL ARMED CONFLICTS 267

Article 53 Protection of cultural objects and of places of worship


Without prejudice to the provisions of the Hague Convention for the Protection of
Cultural Property in the Event of Armed Conflict of 14 May 1954, and of other rel-
evant international instruments, it is prohibited:
a) to commit any acts of hostility directed against the historic monuments,
works of art or places of worship which constitute the cultural or spiritual
heritage of peoples;
b) to use such objects in support of the military effort;
c) to make such objects the object of reprisals.

Article 54 Protection of objects indispensable to the survival of the civilian


population
1. Starvation of civilians as a method of warfare is prohibited.
2. It is prohibited to attack, destroy, remove or render useless objects indispensable
to the survival of the civilian population, such as foodstuffs, agricultural areas
for the production of foodstuffs, crops, livestock, drinking water installations
and supplies and irrigation works, for the specific purpose of denying them for
their sustenance value to the civilian population or to the adverse Party,
whatever the motive, whether in order to starve out civilians, to cause them to
move away, or for any other motive.
3. The prohibitions in paragraph 2 shall not apply to such of the objects covered by
it as are used by an adverse Party:
a) as sustenance solely for the members of its armed forces; or
b) if not as sustenance, then in direct support of military action, provided,
however, that in no event shall actions against these objects be taken which
may be expected to leave the civilian population with such inadequate food
or water as to cause its starvation or force its movement.
4. These objects shall not be made the object of reprisals.
5. In recognition of the vital requirements of any Party to the conflict in the
defence of its national territory against invasion, derogation from the
prohibitions contained in paragraph 2 may be made by a Party to the conflict
within such territory under its own control where required by imperative
military necessity.

Article 55 Protection of the natural environment


1. Care shall be taken in warfare to protect the natural environment against
widespread, long-term and severe damage. This protection includes a
prohibition of the use of methods or means of warfare which are intended or
may be expected to cause such damage to the natural environment and thereby
to prejudice the health or survival of the population.
268 ADDITIONAL PROTOCOL I OF 1977

2. Attacks against the natural environment by way of reprisals are prohibited.

Article 56 Protection of works and installations containing dangerous forces


1. Works or installations containing dangerous forces, namely dams, dykes and
nuclear electrical generating stations, shall not be made the object of attack, even
where these objects are military objectives, if such attack may cause the release
of dangerous forces and consequent severe losses among the civilian population.
Other military objectives located at or in the vicinity of these works or
installations shall not be made the object of attack if such attack may cause the
release of dangerous forces from the works or installations and consequent
severe losses among the civilian population.
2. The special protection against attack provided by paragraph 1 shall cease:
a) for a dam or a dyke only if it is used for other than its normal function and
in regular, significant and direct support of military operations and if such
attack is the only feasible way to terminate such support;
b) for a nuclear electrical generating station only if it provides electric power in
regular, significant and direct support of military operations and if such
attack is the only feasible way to terminate such support;
c) for other military objectives located at or in the vicinity of these works or
installations only if they are used in regular, significant and direct support of
military operations and if such attack is the only feasible way to terminate
such support.
3. In all cases, the civilian population and individual civilians shall remain entitled
to all the protection accorded them by international law, including the
protection of the precautionary measures provided for in Article 57. If the
protection ceases and any of the works, installations or military objectives
mentioned in paragraph 1 is attacked, all practical precautions shall be taken to
avoid the release of the dangerous forces.
4. It is prohibited to make any of the works, installations or military objectives
mentioned in paragraph 1 the object of reprisals.
5. The Parties to the conflict shall endeavour to avoid locating any military
objectives in the vicinity of the works or installations mentioned in paragraph 1.
Nevertheless, installations erected for the sole purpose of defending the protected
works or installations from attack are permissible and shall not themselves be
made the object of attack, provided that they are not used in hostilities except for
defensive actions necessary to respond to attacks against the protected works or
installations and that their armament is limited to weapons capable only of
repelling hostile action against the protected works or installations.
6. The High Contracting Parties and the Parties to the conflict are urged to
conclude further agreements among themselves to provide additional
protection for objects containing dangerous forces.
INTERNATIONAL ARMED CONFLICTS 269

7. In order to facilitate the identification of the objects protected by this Article, the
Parties to the conflict may mark them with a special sign consisting of a group
of three bright orange circles placed on the same axis, as specified in Article 16
of Annex 1 to this Protocol. The absence of such marking in no way relieves any
Party to the conflict of its obligations under this Article.

CHAPTER IV

PRECAUTIONARY MEASURES

Article 57 Precautions in attack


1. In the conduct of military operations, constant care shall be taken to spare the
civilian population, civilians and civilian objects.
2. With respect to attacks, the following precautions shall be taken:
a) those who plan or decide upon an attack shall:
i) do everything feasible to verify that the objectives to be attacked are
neither civilians nor civilian objects and are not subject to special
protection but are military objectives within the meaning of paragraph 2
of Article 52 and that it is not prohibited by the provisions of this
Protocol to attack them;
ii) take all feasible precautions in the choice of means and methods of
attack with a view to avoiding, and in any event to minimizing, inciden-
tal loss of civilian life, injury to civilians and damage to civilian objects;
iii) refrain from deciding to launch any attack which may be expected to
cause incidental loss of civilian life, injury to civilians, damage to
civilian objects, or a combination thereof, which would be excessive in
relation to the concrete and direct military advantage anticipated;
b) an attack shall be cancelled or suspended if it becomes apparent that the
objective is not a military one or is subject to special protection or that the
attack may be expected to cause incidental loss of civilian life, injury to
civilians, damage to civilian objects, or a combination thereof, which would
be excessive in relation to the concrete and direct military advantage
anticipated;
c) effective advance warning shall be given of attacks which may affect the
civilian population, unless circumstances do not permit.
3. When a choice is possible between several military objectives for obtaining a
similar military advantage, the objective to be selected shall be that the attack on
which may be expected to cause the least danger to civilian lives and to civilian
objects.
270 ADDITIONAL PROTOCOL I OF 1977

4. In the conduct of military operations at sea or in the air, each Party to the
conflict shall, in conformity with its rights and duties under the rules of
international law applicable in armed conflict, take all reasonable precautions to
avoid losses of civilian lives and damage to civilian objects.
5. No provision of this Article may be construed as authorizing any attacks against
the civilian population, civilians or civilian objects.

Article 58 Precautions against the effects of attacks


The Parties to the conflict shall, to the maximum extent feasible:
a) without prejudice to Article 49 of the Fourth Convention, endeavour to
remove the civilian population, individual civilians and civilian objects
under their control from the vicinity of military objectives;
b) avoid locating military objectives within or near densely populated areas;
c) take the other necessary precautions to protect the civilian population,
individual civilians and civilian objects under their control against the
dangers resulting from military operations.

CHAPTER V

LOCALITIES AND ZONES UNDER SPECIAL PROTECTION

Article 59 Non-defended localities.


1. It is prohibited for the Parties to the conflict to attack, by any means whatsoever,
non-defended localities.
2. The appropriate authorities of a Party to the conflict may declare as a non-
defended locality any inhabited place near or in a zone where armed forces are
in contact which is open for occupation by an adverse Party. Such a locality shall
fulfil the following conditions:
a) all combatants, as well as mobile weapons and mobile military equipment,
must have been evacuated;
b) no hostile use shall be made of fixed military installations or establishments;
c) no acts of hostility shall be committed by the authorities or by the
population; and
d) no activities in support of military operations shall be undertaken.
3. The presence, in this locality, of persons specially protected under the Conventions
and this Protocol, and of police forces retained for the sole purpose of maintaining
law and order, is not contrary to the conditions laid down in paragraph 2.
INTERNATIONAL ARMED CONFLICTS 271

4. The declaration made under paragraph 2 shall be addressed to the adverse Party
and shall define and describe, as precisely as possible, the limits of the non-
defended locality. The Party to the conflict to which the declaration is addressed
shall acknowledge its receipt and shall treat the locality as a non-defended
locality unless the conditions laid down in paragraph 2 are not in fact fulfilled,
in which event it shall immediately so inform the Party making the declaration.
Even if the conditions laid down in paragraph 2 are not fulfilled, the locality shall
continue to enjoy the protection provided by the other provisions of this
Protocol and the other rules of international law applicable in armed conflict.
5. The Parties to the conflict may agree on the establishment of non-defended
localities even if such localities do not fulfil the conditions laid down in
paragraph 2. The agreement should define and describe. as precisely as possible,
the limits of the non-defended locality; if necessary, it may lay down the
methods of supervision.
6. The Party which is in control of a locality governed by such an agreement shall
mark it, so far as possible, by such signs as may be agreed upon with the other
Party, which shall be displayed where they are clearly visible, especially on its
perimeter and limits and on highways.
7. A locality loses its status as a non-defended locality when it ceases to fulfil the
conditions laid down in paragraph 2 or in the agreement referred to in
paragraph 5. In such an eventuality, the locality shall continue to enjoy the
protection provided by the other provisions of this Protocol and the other rules
of international law applicable in armed conflict.

Article 60 Demilitarized zones


1. It is prohibited for the Parties to the conflict to extend their military operations
to zones on which they have conferred by agreement the status of demilitarized
zone, if such extension is contrary to the terms of this agreement.
2. The agreement shall be an express agreement, may be concluded verbally or in
writing, either directly or through a Protecting Power or any impartial humani-
tarian organization, and may consist of reciprocal and concordant declarations.
The agreement may be concluded in peacetime, as well as after the outbreak of
hostilities, and should define and describe, as precisely as possible, the limits of
the demilitarized zone and, if necessary, lay down the methods of supervision.
3. The subject of such an agreement shall normally be any zone which fulfils the
following conditions:
a) all combatants, as well as mobile weapons and mobile military equipment,
must have been evacuated;
b) no hostile use shall be made of fixed military installations or establishments;
c) no acts of hostility shall be committed by the authorities or by the
population; and
272 ADDITIONAL PROTOCOL I OF 1977

d) any activity linked to the military effort must have ceased.


The Parties to the conflict shall agree upon the interpretation to be given to the
condition laid down in sub-paragraph d) and upon persons to be admitted to the
demilitarized zone other than those mentioned in paragraph 4.
4. The presence, in this zone, of persons specially protected under the Conventions
and this Protocol, and of police forces retained for the sole purpose of
maintaining law and order, is not contrary to the conditions laid down in
paragraph 3.
5. The Party which is in control of such a zone shall mark it, so far as possible, by
such signs as may be agreed upon with the other Party, which shall be displayed
where they are clearly visible, especially on its perimeter and limits and on
highways.
6. If the fighting draws near to a demilitarized zone, and if the Parties to the
conflict have so agreed, none of them may use the zone for purposes related to
the conduct of military operations or unilaterally revoke its status.
7. If one of the Parties to the conflict commits a material breach of the provisions
of paragraphs 3 or 6, the other Party shall be released from its obligations under
the agreement conferring upon the zone the status of demilitarized zone. In such
an eventuality, the zone loses its status but shall continue to enjoy the protection
provided by the other provisions of this Protocol and the other rules of
international law applicable in armed conflict.

CHAPTER VI

CIVIL DEFENCE

Article 61 Definitions and scope


For the purposes of this Protocol:
a) civil defence means the performance of some or all of the under-
mentioned humanitarian tasks intended to protect the civilian population
against the dangers, and to help it to recover from the immediate effects, of
hostilities or disasters and also to provide the conditions necessary for its
survival. These tasks are:
i) warning;
ii) evacuation;
iii) management of shelters;
iv) management of blackout measures;
INTERNATIONAL ARMED CONFLICTS 273

v) rescue;
vi) medical services, including first aid, and religious assistance;
vii) fire-fighting;
viii) detection and marking of danger areas;
ix) decontamination and similar protective measures;
x) provision of emergency accommodation and supplies;
xi) emergency assistance in the restoration and maintenance of order
in distressed areas;
xii) emergency repair of indispensable public utilities;
xiii) emergency disposal of the dead;
xiv) assistance in the preservation of objects essential for survival;
xv) complementary activities necessary to carry out any of the tasks
mentioned above, including, but not limited to, planning and
organization;
b) civil defence organizations means those establishments and other units
which are organized or authorized by the competent authorities of a Party to
the conflict to perform any of the tasks mentioned under sub-paragraph a),
and which are assigned and devoted exclusively to such tasks;
c) personnel of civil defence organizations means those persons assigned by
a Party to the conflict exclusively to the performance of the tasks mentioned
under sub-paragraph a), including personnel assigned by the competent
authority of that Party exclusively to the administration of these
organizations;
d) matriel of civil defence organizations means equipment, supplies and
transports used by these organizations for the performance of the tasks
mentioned under sub-paragraph a).

Article 62 General protection


1. Civilian civil defence organizations and their personnel shall be respected and
protected, subject to the provisions of this Protocol, particularly the provisions
of this Section. They shall be entitled to perform their civil defence tasks except
in case of imperative military necessity.
2. The provisions of paragraph 1 shall also apply to civilians who, although not
members of civilian civil defence organizations, respond to an appeal from the
competent authorities and perform civil defence tasks under their control.
3. Buildings and matriel used for civil defence purposes and shelters provided for
the civilian population are covered by Article 52. Objects used for civil defence
purposes may not be destroyed or diverted from their proper use except by the
Party to which they belong.
274 ADDITIONAL PROTOCOL I OF 1977

Article 63 Civil defence in occupied territories


1. In occupied territories, civilian civil defence organizations shall receive from the
authorities the facilities necessary for the performance of their tasks. In no
circumstances shall their personnel be compelled to perform activities which
would interfere with the proper performance of these tasks. The Occupying
Power shall not change the structure or personnel of such organizations in any
way which might jeopardize the efficient performance of their mission. These
organizations shall not be required to give priority to the nationals or interests
of that Power.
2. The Occupying Power shall not compel, coerce or induce civilian civil defence
organizations to perform their tasks in any manner prejudicial to the interests of
the civilian population.
3. The Occupying Power may disarm civil defence personnel for reasons of
security.
4. The Occupying Power shall neither divert from their proper use nor requisition
buildings or matriel belonging to or used by civil defence organizations if such
diversion or requisition would be harmful to the civilian population.
5. Provided that the general rule in paragraph 4 continues to be observed, the
Occupying Power may requisition or divert these resources, subject to the
following particular conditions:
a) that the buildings or matriel are necessary for other needs of the civilian
population; and
b) that the requisition or diversion continues only while such necessity exists.
6. The Occupying Power shall neither divert nor requisition shelters provided for
the use of the civilian population or needed by such population.

Article 64 Civilian civil defence organizations of neutral or other States not Parties
to the conflict and international co-ordinating organizations
1. Articles 62, 63, 65 and 66 shall also apply to the personnel and matriel of
civilian civil defence organizations of neutral or other States not Parties to the
conflict which perform civil defence tasks mentioned in Article 61 in the
territory of a Party to the conflict, with the consent and under the control of that
Party. Notification of such assistance shall be given as soon as possible to any
adverse Party concerned. In no circumstances shall this activity be deemed to be
an interference in the conflict. This activity should, however, be performed with
due regard to the security interests of the Parties to the conflict concerned.
2. The Parties to the conflict receiving the assistance referred to in paragraph 1 and
the High Contracting Parties granting it should facilitate international co-
ordination of such civil defence actions when appropriate. In such cases the
relevant international organizations are covered by the provisions of this Chapter.
INTERNATIONAL ARMED CONFLICTS 275

3. In occupied territories, the Occupying Power may only exclude or restrict the
activities of civilian civil defence organizations of neutral or other States not
Parties to the conflict and of international co-ordinating organizations if it can
ensure the adequate performance of civil defence tasks from its own resources
or those of the occupied territory.

Article 65 Cessation of protection


1. The protection to which civilian civil defence organizations, their personnel,
buildings, shelters and matriel are entitled shall not cease unless they commit or
are used to commit, outside their proper tasks, acts harmful to the enemy.
Protection may, however, cease only after a warning has been given setting,
whenever appropriate, a reasonable time-limit, and after such warning has
remained unheeded.
2. The following shall not be considered as acts harmful to the enemy:
a) that civil defence tasks are carried out under the direction or control of
military authorities;
b) that civilian civil defence personnel co-operate with military personnel in
the performance of civil defence tasks, or that some military personnel are
attached to civilian civil defence organizations;
c) that the performance of civil defence tasks may incidentally benefit military
victims, particularly those who are hors de combat.
3. It shall also not be considered as an act harmful to the enemy that civilian civil
defence personnel bear light individual weapons for the purpose of maintaining
order or for self-defence. However, in areas where land fighting is taking place or
is likely to take place, the Parties to the conflict shall undertake the appropriate
measures to limit these weapons to handguns, such as pistols or revolvers, in
order to assist in distinguishing between civil defence personnel and
combatants. Although civil defence personnel bear other light individual
weapons in such areas, they shall nevertheless be respected and protected as
soon as they have been recognized as such.
4. The formation of civilian civil defence organizations along military lines, and
compulsory service in them, shall also not deprive them of the protection
conferred by this Chapter.

Article 66 Identification
1. Each Party to the conflict shall endeavour to ensure that its civil defence
organizations, their personnel, buildings and matriel, are identifiable while they
are exclusively devoted to the perfomance of civil defence tasks. Shelters
provided for the civilian population should be similarly identifiable.
2. Each Party to the conflict shall also endeavour to adopt and implement methods
and procedures which will make it possible to recognize civilian shelters as well
276 ADDITIONAL PROTOCOL I OF 1977

as civil defence personnel, buildings and matriel on which the international


distinctive sign of civil defence is displayed.
3. In occupied territories and in areas where fighting is taking place or is likely to take
place, civilian civil defence personnel should be recognizable by the international
distinctive sign of civil defence and by an identity card certifying their status.
4. The international distinctive sign of civil defence is an equilateral blue triangle
on an orange ground when used for the protection of civil defence
organizations, their personnel, buildings and matriel and for civilian shelters.
5. In addition to the distinctive sign, Parties to the conflict may agree upon the use
of distinctive signals for civil defence identification purposes.
6. The application of the provisions of paragraphs 1 to 4 is governed by Chapter V
of Annex 1 to this Protocol.
7. In time of peace, the sign described in paragraph 4 may, with the consent of the
competent national authorities, be used for civil defence identification purposes.
8. The High Contracting Parties and the Parties to the conflict shall take the
measures necessary to supervise the display of the international distinctive sign
of civil defence and to prevent and repress any misuse thereof.
9. The identification of civil defence medical and religious personnel, medical
units and medical transports is also governed by Article 18.

Article 67 Members of the armed forces and military units assigned to civil defence
organizations
1. Members of the armed forces and military units assigned to civil defence
organizations shall be respected and protected, provided that:
a) such personnel and such units are permanently assigned and exclusively
devoted to the performance of any of the tasks mentioned in Article 61;
b) if so assigned, such personnel do not perform any other military duties
during the conflict;
c) such personnel are clearly distinguishable from the other members of the
armed forces by prominently displaying the international distinctive sign of
civil defence, which shall be as large as appropriate, and such personnel are
provided with the identity card referred to in Chapter V of Annex 1 to this
Protocol certifying their status;
d) such personnel and such units are equipped only with light individual
weapons for the purpose of maintaining order or for self-defence. The
provisions of Article 65, paragraph 3 shall also apply in this case;
e) such personnel do not participate directly in hostilities, and do not commit,
or are not used to commit, outside their civil defence tasks, acts harmful to
the adverse Party;
INTERNATIONAL ARMED CONFLICTS 277

f) such personnel and such units perform their civil defence tasks only within
the national territory of their Party.
The non-observance of the conditions stated in e) above by any member of the
armed forces who is bound by the conditions prescribed in a) and b) above is
prohibited.
2. Military personnel serving within civil defence organizations shall, if they fall
into the power of an adverse Party, be prisoners of war. In occupied territory
they may, but only in the interest of the civilian population of that territory, be
employed on civil defence tasks in so far as the need arises, provided however
that, if such work is dangerous, they volunteer for such tasks.
3. The buildings and major items of equipment and transports of military units
assigned to civil defence organizations shall be clearly marked with the
international distinctive sign of civil defence. This distinctive sign shall be as
large as appropriate.
4. The matriel and buildings of military units permanently assigned to civil
defence organizations and exclusively devoted to the performance of civil
defence tasks shall, if they fall into the hands of an adverse Party, remain subject
to the laws of war. They may not be diverted from their civil defence purpose so
long as they are required for the performance of civil defence tasks, except in
case of imperative military necessity, unless previous arrangements have been
made for adequate provision for the needs of the civilian population.

SECTION II

RELIEF IN FAVOUR OF THE CIVILIAN POPULATION

Article 68 Field of application


The provisions of this Section apply to the civilian population as defined in this
Protocol and are supplementary to Articles 23, 55, 59, 60, 61 and 62 and other rele-
vant provisions of the Fourth Convention.

Article 69 Basic needs in occupied territories


1. In addition to the duties specified in Article 55 of the Fourth Convention
concerning food and medical supplies, the Occupying Power shall, to the fullest
extent of the means available to it and without any adverse distinction, also
ensure the provision of clothing, bedding, means of shelter, other supplies
essential to the survival of the civilian population of the occupied territory and
objects necessary for religious worship.
278 ADDITIONAL PROTOCOL I OF 1977

2. Relief actions for the benefit of the civilian population of occupied territories are
governed by Articles 59, 60, 61, 62, 108, 109, 110 and 111 of the Fourth
Convention, and by Article 71 of this Protocol, and shall be implemented
without delay.

Article 70 Relief actions


1. If the civilian population of any territory under the control of a Party to the
conflict, other than occupied territory, is not adequately provided with the
supplies mentioned in Article 69, relief actions which are humanitarian and
impartial in character and conducted without any adverse distinction shall be
undertaken, subject to the agreement of the Parties concerned in such relief
actions. Offers of such relief shall not be regarded as interference in the armed
conflict or as unfriendly acts. In the distribution of relief consignments, priority
shall be given to those persons, such as children, expectant mothers, maternity
cases and nursing mothers, who, under the Fourth Convention or under this
Protocol, are to be accorded privileged treatment or special protection.
2. The Parties to the conflict and each High Contracting Party shall allow and
facilitate rapid and unimpeded passage of all relief consignments, equipment
and personnel provided in accordance with this Section, even if such assistance
is destined for the civilian population of the adverse Party.
3. The Parties to the conflict and each High Contracting Party which allow the
passage of relief consignments, equipment and personnel in accordance with
paragraph 2:
a) shall have the right to prescribe the technical arrangements, including search,
under which such passage is permitted;
b) may make such permission conditional on the distribution of this assistance
being made under the local supervision of a Protecting Power;
c) shall, in no way whatsoever, divert relief consignments from the purpose for
which they are intended nor delay their forwarding, except in cases of urgent
necessity in the interest of the civilian population concerned.
4. The Parties to the conflict shall protect relief consignments and facilitate their
rapid distribution.
5. The Parties to the conflict and each High Contracting Party concerned shall
encourage and facilitate effective international co-ordination of the relief actions
referred to in paragraph 1.

Article 71 Personnel participating in relief actions


1. Where necessary, relief personnel may form part of the assistance provided in
any relief action, in particular for the transportation and distribution of relief
consignments; the participation of such personnel shall be subject to the
approval of the Party in whose territory they will carry out their duties.
INTERNATIONAL ARMED CONFLICTS 279

2. Such personnel shall be respected and protected.


3. Each Party in receipt of relief consignments shall, to the fullest extent
practicable, assist the relief personnel referred to in paragraph 1 in carrying out
their relief mission. Only in case of imperative military necessity may the
activities of the relief personnel be limited or their movements temporarily
restricted.
4. Under no circumstances may relief personnel exceed the terms of their mission
under this Protocol. In particular they shall take account of the security
requirements of the Party in whose territory they are carrying out their duties.
The mission of any of the personnel who do not respect these conditions may be
terminated.

SECTION III

TREATMENT OF PERSONS
IN THE POWER OF A PARTY TO THE CONFLICT

CHAPTER I

FIELD OF APPLICATION AND PROTECTION OF PERSONS AND OBJECTS

Article 72 Field of application


The provisions of this Section are additional to the rules concerning humanitarian
protection of civilians and civilian objects in the power of a Party to the conflict
contained in the Fourth Convention, particularly Parts I and III thereof, as well as
to other applicable rules of international law relating to the protection of funda-
mental human rights during international armed conflict.

Article 73 Refugees and stateless persons


Persons who, before the beginning of hostilities, were considered as stateless per-
sons or refugees under the relevant international instruments accepted by the
Parties concerned or under the national legislation of the State of refuge or State of
residence shall be protected persons within the meaning of Parts I and III of the
Fourth Convention, in all circumstances and without any adverse distinction.
280 ADDITIONAL PROTOCOL I OF 1977

Article 74 Reunion of dispersed families


The High Contracting Parties and the Parties to the conflict shall facilitate in every
possible way the reunion of families dispersed as a result of armed conflicts and
shall encourage in particular the work of the humanitarian organizations engaged
in this task in accordance with the provisions of the Conventions and of this
Protocol and in conformity with their respective security regulations.
Article 75 Fundamental guarantees
1. In so far as they are affected by a situation referred to in Article 1 of this Protocol,
persons who are in the power of a Party to the conflict and who do not benefit
from more favourable treatment under the Conventions or under this Protocol
shall be treated humanely in all circumstances and shall enjoy, as a minimum,
the protection provided by this Article without any adverse distinction based
upon race, colour, sex, language, religion or belief, political or other opinion,
national or social origin, wealth, birth or other status, or on any other similar
criteria. Each Party shall respect the person, honour, convictions and religious
practices of all such persons.
2. The following acts are and shall remain prohibited at any time and in any place
whatsoever, whether committed by civilian or by military agents:
a) violence to the life, health, or physical or mental well-being of persons, in
particular:
i) murder;
ii) torture of all kinds, whether physical or mental;
iii) corporal punishment; and
iv) mutilation;
b) outrages upon personal dignity, in particular humiliating and degrading
treatment, enforced prostitution and any form of indecent assault;
c) the taking of hostages;
d) collective punishments; and
e) threats to commit any of the foregoing acts.
3. Any person arrested, detained or interned for actions related to the armed
conflict shall be informed promptly, in a language he understands, of the reasons
why these measures have been taken. Except in cases of arrest or detention for
penal offences, such persons shall be released with the minimum delay possible
and in any event as soon as the circumstances justifying the arrest, detention or
internment have ceased to exist.
4. No sentence may be passed and no penalty may be executed on a person found
guilty of a penal offence related to the armed conflict except pursuant to a
conviction pronounced by an impartial and regularly constituted court
respecting the generally recognized principles of regular judicial procedure,
which include the following:
INTERNATIONAL ARMED CONFLICTS 281

a) the procedure shall provide for an accused to be informed without delay of


the particulars of the offence alleged against him and shall afford the accused
before and during his trial all necessary rights and means of defence;
b) no one shall be convicted of an offence except on the basis of individual
penal responsibility;
c) no one shall be accused or convicted of a criminal offence on account of any
act or omission which did not constitute a criminal offence under the
national or international law to which he was subject at the time when it was
committed; nor shall a heavier penalty be imposed than that which was
applicable at the time when the criminal offence was committed; if, after the
commission of the offence, provision is made by law for the imposition of a
lighter penalty, the offender shall benefit thereby;
d) anyone charged with an offence is presumed innocent until proved guilty
according to law;
e) anyone charged with an offence shall have the right to be tried in his
presence;
f) no one shall be compelled to testify against himself or to confess guilt;
g) anyone charged with an offence shall have the right to examine, or have
examined, the witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as
witnesses against him;
h) no one shall be prosecuted or punished by the same Party for an offence in
respect of which a final judgement acquitting or convicting that person has
been previously pronounced under the same law and judicial procedure;
i) anyone prosecuted for an offence shall have the right to have the judgement
pronounced publicly; and
j) a convicted person shall be advised on conviction of his judicial and other
remedies and of the time-limits within which they may be exercised.
5. Women whose liberty has been restricted for reasons related to the armed
conflict shall be held in quarters separated from mens quarters. They shall be
under the immediate supervision of women. Nevertheless, in cases where
families are detained or interned, they shall, whenever possible, be held in the
same place and accommodated as family units.
6. Persons who are arrested, detained or interned for reasons related to the armed
conflict shall enjoy the protection provided by this Article until final release,
repatriation or re-establishment, even after the end of the armed conflict.
7. In order to avoid any doubt concerning the prosecution and trial of persons
accused of war crimes or crimes against humanity, the following principles shall
apply:
a) persons who are accused of such crimes should be submitted for the purpose
of prosecution and trial in accordance with the applicable rules of
international law; and
282 ADDITIONAL PROTOCOL I OF 1977

b) any such persons who do not benefit from more favourable treatment under
the Conventions or this Protocol shall be accorded the treatment provided by
this Article, whether or not the crimes of which they are accused constitute
grave breaches of the Conventions or of this Protocol.
8. No provision of this Article may be construed as limiting or infringing any other
more favourable provision granting greater protection, under any applicable
rules of international law, to persons covered by paragraph 1.

CHAPTER II

MEASURES IN FAVOUR OF WOMEN AND CHILDREN

Article 76 Protection of women


1. Women shall be the object of special respect and shall be protected in particular
against rape, forced prostitution and any other form of indecent assault.
2. Pregnant women and mothers having dependent infants who are arrested,
detained or interned for reasons related to the armed conflict, shall have their
cases considered with the utmost priority.
3. To the maximum extent feasible, the Parties to the conflict shall endeavour to
avoid the pronouncement of the death penalty on pregnant women or mothers
having dependent infants, for an offence related to the armed conflict. The death
penalty for such offences shall not be executed on such women.

Article 77 Protection of children


1. Children shall be the object of special respect and shall be protected against any
form of indecent assault. The Parties to the conflict shall provide them with the
care and aid they require, whether because of their age or for any other reason.
2. The Parties to the conflict shall take all feasible measures in order that children
who have not attained the age of fifteen years do not take a direct part in
hostilities and, in particular, they shall refrain from recruiting them into their
armed forces. In recruiting among those persons who have attained the age of
fifteen years but who have not attained the age of eighteen years, the Parties to
the conflict shall endeavour to give priority to those who are oldest.
3. If, in exceptional cases, despite the provisions of paragraph 2, children who have
not attained the age of fifteen years take a direct part in hostilities and fall into
the power of an adverse Party, they shall continue to benefit from the special
protection accorded by this Article, whether or not they are prisoners of war.
INTERNATIONAL ARMED CONFLICTS 283

4. If arrested, detained or interned for reasons related to the armed conflict,


children shall be held in quarters separate from the quarters of adults, except
where families are accommodated as family units as provided in Article 75,
paragraph 5.
5. The death penalty for an offence related to the armed conflict shall not be
executed on persons who had not attained the age of eighteen years at the time
the offence was committed.

Article 78 Evacuation of children


1. No Party to the conflict shall arrange for the evacuation of children, other than
its own nationals, to a foreign country except for a temporary evacuation where
compelling reasons of the health or medical treatment of the children or, except
in occupied territory, their safety, so require. Where the parents or legal
guardians can be found, their written consent to such evacuation is required. If
these persons cannot be found, the written consent to such evacuation of the
persons who by law or custom are primarily responsible for the care of the
children is required. Any such evacuation shall be supervised by the Protecting
Power in agreement with the Parties concerned, namely, the Party arranging for
the evacuation, the Party receiving the children and any Parties whose nationals
are being evacuated. In each case, all Parties to the conflict shall take all feasible
precautions to avoid endangering the evacuation.
2. Whenever an evacuation occurs pursuant to paragraph 1, each childs education,
including his religious and moral education as his parents desire, shall be
provided while he is away with the greatest possible continuity.
3. With a view to facilitating the return to their families and country of children
evacuated pursuant to this Article, the authorities of the Party arranging for the
evacuation and, as appropriate, the authorities of the receiving country shall
establish for each child a card with photographs, which they shall send to the
Central Tracing Agency of the International Committee of the Red Cross. Each
card shall bear, whenever possible, and whenever it involves no risk of harm to
the child, the following information:
a) surname(s) of the child;
b) the childs first name(s);
c) the childs sex;
d) the place and date of birth (or, if that date is not known, the approximate age);
e) the fathers full name;
f) the mothers full name and her maiden name;
g) the childs next of kin;
h) the childs nationality;
i) the childs native language, and any other languages he speaks;
284 ADDITIONAL PROTOCOL I OF 1977

j) the address of the childs family;


k) any identification number for the child;
l) the childs state of health;
m) the childs blood group;
n) any distinguishing features;
o) the date on which and the place where the child was found;
p) the date on which and the place from which the child left the country;
q) the childs religion, if any;
r) the childs present address in the receiving country;
s) should the child die before his return, the date, place and circumstances of
death and place of interment.

CHAPTER III

JOURNALISTS

Article 79 Measures of protection for journalists


1. Journalists engaged in dangerous professional missions in areas of armed
conflict shall be considered as civilians within the meaning of Article 50,
paragraph 1.
2. They shall be protected as such under the Conventions and this Protocol,
provided that they take no action adversely affecting their status as civilians, and
without prejudice to the right of war correspondents accredited to the armed
forces to the status provided for in Article 4 A 4) of the Third Convention.
3. They may obtain an identity card similar to the model in Annex II of this
Protocol. This card, which shall be issued by the government of the State of
which the journalist is a national or in whose territory he resides or in which the
news medium employing him is located, shall attest to his status as a journalist.
INTERNATIONAL ARMED CONFLICTS 285

PART V

EXECUTION OF THE CONVENTIONS AND OF THIS PROTOCOL

SECTION I

GENERAL PROVISIONS

Article 80 Measures for execution


1. The High Contracting Parties and the Parties to the conflict shall without delay
take all necessary measures for the execution of their obligations under the
Conventions and this Protocol.
2. The High Contracting Parties and the Parties to the conflict shall give orders and
instructions to ensure observance of the Conventions and this Protocol, and
shall supervise their execution.

Article 81 Activities of the Red Cross and other humanitarian organizations


1. The Parties to the conflict shall grant to the International Committee of the Red
Cross all facilities within their power so as to enable it to carry out the
humanitarian functions assigned to it by the Conventions and this Protocol in
order to ensure protection and assistance to the victims of conflicts; the
International Committee of the Red Cross may also carry out any other
humanitarian activities in favour of these victims, subject to the consent of the
Parties to the conflict concerned.
2. The Parties to the conflict shall grant to their respective Red Cross (Red
Crescent, Red Lion and Sun) organizations the facilities necessary for carrying
out their humanitarian activities in favour of the victims of the conflict, in
accordance with the provisions of the Conventions and this Protocol and the
Fundamental Principles of the Red Cross as formulated by the International
Conferences of the Red Cross.
3. The High Contracting Parties and the Parties to the conflict shall facilitate in
every possible way the assistance which Red Cross (Red Crescent, Red Lion and
Sun) organizations and the League of Red Cross Societies1 extend to the victims

1 On 10 February 1992 the Swiss Federal Council, government of the State depositary of the 1949 Geneva
Conventions, notified all States party to the Conventions that on 28 November 1991 the League of Red Cross
and Red Crescent Societies had changed its name to International Federation of Red Cross and Red Crescent
Societies.
286 ADDITIONAL PROTOCOL I OF 1977

of conflicts in accordance with the provisions of the Conventions and this


Protocol and with the Fundamental Principles of the Red Cross as formulated by
the International Conferences of the Red Cross.
4. The High Contracting Parties and the Parties to the conflict shall, as far as
possible, make facilities similar to those mentioned in paragraphs 2 and 3
available to the other humanitarian organizations referred to in the Conventions
and this Protocol which are duly authorized by the respective Parties to the
conflict and which perform their humanitarian activities in accordance with the
provisions of the Conventions and this Protocol.

Article 82 Legal advisers in armed forces


The High Contracting Parties at all times, and the Parties to the conflict in time of
armed conflict, shall ensure that legal advisers are available, when necessary, to
advise military commanders at the appropriate level on the application of the
Conventions and this Protocol and on the appropriate instruction to be given to the
armed forces on this subject.

Article 83 Dissemination
1. The High Contracting Parties undertake, in time of peace as in time of armed
conflict, to disseminate the Conventions and this Protocol as widely as possible
in their respective countries and, in particular, to include the study thereof in
their programmes of military instruction and to encourage the study thereof by
the civilian population, so that those instruments may become known to the
armed forces and to the civilian population.
2. Any military or civilian authorities who, in time of armed conflict, assume
responsibilities in respect of the application of the Conventions and this
Protocol shall be fully acquainted with the text thereof.

Article 84 Rules of application


The High Contracting Parties shall communicate to one another, as soon as possi-
ble, through the depositary and, as appropriate, through the Protecting Powers,
their official translations of this Protocol, as well as the laws and regulations which
they may adopt to ensure its application.
INTERNATIONAL ARMED CONFLICTS 287

SECTION II

REPRESSION OF BREACHES OF THE CONVENTIONS


AND OF THIS PROTOCOL
Article 85 Repression of breaches of this Protocol
1. The provisions of the Conventions relating to the repression of breaches and
grave breaches, supplemented by this Section, shall apply to the repression of
breaches and grave breaches of this Protocol.
2. Acts described as grave breaches in the Conventions are grave breaches of this
Protocol if committed against persons in the power of an adverse Party protected
by Articles 44, 45 and 73 of this Protocol, or against the wounded, sick and
shipwrecked of the adverse Party who are protected by this Protocol, or against
those medical or religious personnel, medical units or medical transports which
are under the control of the adverse Party and are protected by this Protocol.
3. In addition to the grave breaches defined in Article 11, the following acts shall be
regarded as grave breaches of this Protocol, when committed wilfully, in
violation of the relevant provisions of this Protocol, and causing death or serious
injury to body or health:
a) making the civilian population or individual civilians the object of attack;
b) launching an indiscriminate attack affecting the civilian population or
civilian objects in the knowledge that such attack will cause excessive loss of
life, injury to civilians or damage to civilian objects, as defined in Article 57,
paragraph 2 a) iii);
c) launching an attack against works or installations containing dangerous
forces in the knowledge that such attack will cause excessive loss of life,
injury to civilians or damage to civilian objects, as defined in Article 57,
paragraph 2 a) iii);
d) making non-defended localities and demilitarized zones the object of attack;
e) making a person the object of attack in the knowledge that he is hors de
combat;
f) the perfidious use, in violation of Article 37, of the distinctive emblem of the
red cross, red crescent or red lion and sun or of other protective signs
recognized by the Conventions or this Protocol.
4. In addition to the grave breaches defined in the preceding paragraphs and in the
Conventions, the following shall be regarded as grave breaches of this Protocol,
when committed wilfully and in violation of the Conventions or the Protocol:
a) the transfer by the Occupying Power of parts of its own civilian population
into the territory it occupies, or the deportation or transfer of all or parts of
the population of the occupied territory within or outside this territory, in
violation of Article 49 of the Fourth Convention;
288 ADDITIONAL PROTOCOL I OF 1977

b) unjustifiable delay in the repatriation of prisoners of war or civilians;


c) practices of apartheid and other inhuman and degrading practices involving
outrages upon personal dignity, based on racial discrimination;
d) making the clearly-recognized historic monuments, works of art or places of
worship which constitute the cultural or spiritual heritage of peoples and to
which special protection has been given by special arrangement, for example,
within the framework of a competent international organization, the object
of attack, causing as a result extensive destruction thereof, where there is
no evidence of the violation by the adverse Party of Article 53, sub-
paragraph b), and when such historic monuments, works of art and places of
worship are not located in the immediate proximity of military objectives;
e) depriving a person protected by the Conventions or referred to in
paragraph 2 of this Article of the rights of fair and regular trial.
5. Without prejudice to the application of the Conventions and of this Protocol,
grave breaches of these instruments shall be regarded as war crimes.

Article 86 Failure to act


1. The High Contracting Parties and the Parties to the conflict shall repress grave
breaches, and take measures necessary to suppress all other breaches, of the
Conventions or of this Protocol which result from a failure to act when under a
duty to do so.
2. The fact that a breach of the Conventions or of this Protocol was committed by
a subordinate does not absolve his superiors from penal or disciplinary
responsibility, as the case may be, if they knew, or had information which should
have enabled them to conclude in the circumstances at the time, that he was
committing or was going to commit such a breach and if they did not take all
feasible measures within their power to prevent or repress the breach.

Article 87 Duty of commanders


1. The High Contracting Parties and the Parties to the conflict shall require
military commanders, with respect to members of the armed forces under their
command and other persons under their control, to prevent and, where
necessary, to suppress and report to competent authorities breaches of the
Conventions and of this Protocol.
2. In order to prevent and suppress breaches, High Contracting Parties and Parties
to the conflict shall require that, commensurate with their level of responsibility,
commanders ensure that members of the armed forces under their command
are aware of their obligations under the Conventions and this Protocol.
3. The High Contracting Parties and Parties to the conflict shall require any
commander who is aware that subordinates or other persons under his control
are going to commit or have committed a breach of the Conventions or of this
INTERNATIONAL ARMED CONFLICTS 289

Protocol, to initiate such steps as are necessary to prevent such violations of the
Conventions or this Protocol, and, where appropriate, to initiate disciplinary or
penal action against violators thereof.

Article 88 Mutual assistance in criminal matters


1. The High Contracting Parties shall afford one another the greatest measure of
assistance in connexion with criminal proceedings brought in respect of grave
breaches of the Conventions or of this Protocol.
2. Subject to the rights and obligations established in the Conventions and in
Article 85, paragraph 1, of this Protocol, and when circumstances permit, the
High Contracting Parties shall co-operate in the matter of extradition. They
shall give due consideration to the request of the State in whose territory the
alleged offence has occurred.
3. The law of the High Contracting Party requested shall apply in all cases.
The provisions of the preceding paragraphs shall not, however, affect the obliga-
tions arising from the provisions of any other treaty of a bilateral or multilateral
nature which governs or will govern the whole or part of the subject of mutual
assistance in criminal matters.

Article 89 Co-operation
In situations of serious violations of the Conventions or of this Protocol, the High
Contracting Parties undertake to act, jointly or individually, in co-operation with
the United Nations and in conformity with the United Nations Charter.

Article 90 International Fact-Finding Commission


1. a) An International Fact-Finding Commission (hereinafter referred to as the
Commission) consisting of fifteen members of high moral standing and
acknowledged impartiality shall be established.
b) When not less than twenty High Contracting Parties have agreed to accept
the competence of the Commission pursuant to paragraph 2, the depositary
shall then, and at intervals of five years thereafter, convene a meeting of
representatives of those High Contracting Parties for the purpose of electing
the members of the Commission. At the meeting, the representatives shall
elect the members of the Commission by secret ballot from a list of persons
to which each of those High Contracting Parties may nominate one person.
c) The members of the Commission shall serve in their personal capacity and
shall hold office until the election of new members at the ensuing meeting.
d) At the election, the High Contracting Parties shall ensure that the persons to
be elected to the Commission individually possess the qualifications
required and that, in the Commission as a whole, equitable geographical
representation is assured.
290 ADDITIONAL PROTOCOL I OF 1977

e) In the case of a casual vacancy, the Commission itself shall fill the vacancy,
having due regard to the provisions of the preceding sub-paragraphs.
f) The depositary shall make available to the Commission the necessary
administrative facilities for the performance of its functions.

2. a) The High Contracting Parties may at the time of signing, ratifying or


acceding to the Protocol, or at any other subsequent time, declare that they
recognize ipso facto and without special agreement, in relation to any other
High Contracting Party accepting the same obligation, the competence of
the Commission to enquire into allegations by such other Party, as
authorized by this Article.
b) The declarations referred to above shall be deposited with the depositary,
which shall transmit copies thereof to the High Contracting Parties.
c) The Commission shall be competent to:
i) enquire into any facts alleged to be a grave breach as defined in the
Conventions and this Protocol or other serious violation of the
Conventions or of this Protocol;
ii) facilitate, through its good offices, the restoration of an attitude of
respect for the Conventions and this Protocol.
d) In other situations, the Commission shall institute an enquiry at the request
of a Party to the conflict only with the consent of the other Party or Parties
concerned.
e) Subject to the foregoing provisions of this paragraph, the provisions of
Article 52 of the First Convention, Article 53 of the Second Convention,
Article 132 of the Third Convention and Article 149 of the Fourth
Convention shall continue to apply to any alleged violation of the
Conventions and shall extend to any alleged violation of this Protocol.

3. a) Unless otherwise agreed by the Parties concerned, all enquiries shall be


undertaken by a Chamber consisting of seven members appointed as
follows:
i) five members of the Commission, not nationals of any Party to the
conflict, appointed by the President of the Commission on the basis
of equitable representation of the geographical areas, after consultation
with the Parties to the conflict;
ii) two ad hoc members, not nationals of any Party to the conflict, one to be
appointed by each side.
b) Upon receipt of the request for an enquiry, the President of the Commission
shall specify an appropriate time-limit for setting up a Chamber. If any ad
hoc member has not been appointed within the time-limit, the President
shall immediately appoint such additional member or members of the
Commission as may be necessary to complete the membership of the
Chamber.
INTERNATIONAL ARMED CONFLICTS 291

4. a) The Chamber set up under paragraph 3 to undertake an enquiry shall invite


the Parties to the conflict to assist it and to present evidence. The Chamber
may also seek such other evidence as it deems appropriate and may carry out
an investigation of the situation in loco.
b) All evidence shall be fully disclosed to the Parties, which shall have the right
to comment on it to the Commission.
c) Each Party shall have the right to challenge such evidence.
5. a) The Commission shall submit to the Parties a report on the findings of fact
of the Chamber, with such recommendations as it may deem appropriate.
b) If the Chamber is unable to secure sufficient evidence for factual and
impartial findings, the Commission shall state the reasons for that inability.
c) The Commission shall not report its findings publicly, unless all the Parties
to the conflict have requested the Commission to do so.
6. The Commission shall establish its own rules, including rules for the presidency
of the Commission and the presidency of the Chamber. Those rules shall ensure
that the functions of the President of the Commission are exercised at all times
and that, in the case of an enquiry, they are exercised by a person who is not a
national of a Party to the conflict.
7. The administrative expenses of the Commission shall be met by contributions
from the High Contracting Parties which made declarations under paragraph 2,
and by voluntary contributions. The Party or Parties to the conflict requesting
an enquiry shall advance the necessary funds for expenses incurred by a
Chamber and shall be reimbursed by the Party or Parties against which the
allegations are made to the extent of fifty per cent of the costs of the Chamber.
Where there are counter-allegations before the Chamber each side shall advance
fifty per cent of the necessary funds.

Article 91 Responsibility
A Party to the conflict which violates the provisions of the Conventions or of this
Protocol shall, if the case demands, be liable to pay compensation. It shall be
responsible for all acts committed by persons forming part of its armed forces.
292 ADDITIONAL PROTOCOL I OF 1977

PART VI

FINAL PROVISIONS

Article 92 Signature
This Protocol shall be open for signature by the Parties to the Conventions six
months after the signing of the Final Act and will remain open for a period of
twelve months.

Article 93 Ratification
This Protocol shall be ratified as soon as possible. The instruments of ratification
shall be deposited with the Swiss Federal Council, depositary of the Conventions,

Article 94 Accession
This Protocol shall be open for accession by any Party to the Conventions which has
not signed it. The instruments of accession shall be deposited with the depositary.

Article 95 Entry into force


1. This Protocol shall enter into force six months after two instruments of
ratification or accession have been deposited.
2. For each Party to the Conventions thereafter ratifying or acceding to this
Protocol, it shall enter into force six months after the deposit by such Party of its
instrument of ratification or accession.

Article 96 Treaty relations upon entry into force of this Protocol


1. When the Parties to the Conventions are also Parties to this Protocol, the
Conventions shall apply as supplemented by this Protocol.
2. When one of the Parties to the conflict is not bound by this Protocol, the Parties
to the Protocol shall remain bound by it in their mutual relations. They shall
furthermore be bound by this Protocol in relation to each of the Parties which
are not bound by it, if the latter accepts and applies the provisions thereof.
3. The authority representing a people engaged against a High Contracting Party
in an armed conflict of the type referred to in Article 1, paragraph 4, may
undertake to apply the Conventions and this Protocol in relation to that conflict
by means of a unilateral declaration addressed to the depositary. Such
declaration shall, upon its receipt by the depositary, have in relation to that
conflict the following effects:
a) the Conventions and this Protocol are brought into force for the said
authority as a Party to the conflict with immediate effect;
INTERNATIONAL ARMED CONFLICTS 293

b) the said authority assumes the same rights and obligations as those which
have been assumed by a High Contracting Party to the Conventions and this
Protocol; and
c) the Conventions and this Protocol are equally binding upon all Parties to the
conflict.

Article 97 Amendment
1. Any High Contracting Party may propose amendments to this Protocol. The
text of any proposed amendment shall be communicated to the depositary,
which shall decide, after consultation with all the High Contracting Parties and
the International Committee of the Red Cross, whether a conference should be
convened to consider the proposed amendment.
2. The depositary shall invite to that conference all the High Contracting Parties as
well as the Parties to the Conventions, whether or not they are signatories of this
Protocol.

Article 98 Revision of Annex I


1. Not later than four years after the entry into force of this Protocol and thereafter
at intervals of not less than four years, the International Committee of the Red
Cross shall consult the High Contracting Parties concerning Annex 1 to this
Protocol and, if it considers it necessary, may propose a meeting of technical
experts to review Annex 1 and to propose such amendments to it as may appear
to be desirable. Unless, within six months of the communication of a proposal
for such a meeting to the High Contracting Parties, one third of them object, the
International Committee of the Red Cross shall convene the meeting, inviting
also observers of appropriate international organizations. Such a meeting shall
also be convened by the International Committee of the Red Cross at any time
at the request of one third of the High Contracting Parties.
2. The depositary shall convene a conference of the High Contracting Parties and
the Parties to the Conventions to consider amendments proposed by the
meeting of technical experts if, after that meeting, the International Committee
of the Red Cross or one third of the High Contracting Parties so request.
3. Amendments to Annex 1 may be adopted at such a conference by a two-thirds
majority of the High Contracting Parties present and voting.
4. The depositary shall communicate any amendment so adopted to the High
Contracting Parties and to the Parties to the Conventions. The amendment shall
be considered to have been accepted at the end of a period of one year after it has
been so communicated, unless within that period a declaration of non-
acceptance of the amendment has been communicated to the depositary by not
less than one third of the High Contracting Parties.
294 ADDITIONAL PROTOCOL I OF 1977

5. An amendment considered to have been accepted in accordance with


paragraph 4 shall enter into force three months after its acceptance for all High
Contracting Parties other than those which have made a declaration of non-
acceptance in accordance with that paragraph. Any Party making such a
declaration may at any time withdraw it and the amendment shall then enter
into force for that Party three months thereafter.
6. The depositary shall notify the High Contracting Parties and the Parties to the
Conventions of the entry into force of any amendment, of the Parties bound
thereby, of the date of its entry into force in relation to each Party, of declarations
of non-acceptance made in accordance with paragraph 4, and of withdrawals of
such declarations.

Article 99 Denunciation
1. In case a High Contracting Party should denounce this Protocol, the
denunciation shall only take effect one year after receipt of the instrument of
denunciation. If, however, on the expiry of that year the denouncing Party is
engaged in one of the situations referred to in Article 1, the denunciation shall
not take effect before the end of the armed conflict or occupation and not, in any
case, before operations connected with the final release, repatriation or re-
establishment of the persons protected by the Conventions or this Protocol have
been terminated.
2. The denunciation shall be notified in writing to the depositary, which shall
transmit it to all the High Contracting Parties.
3. The denunciation shall have effect only in respect of the denouncing Party.
4. Any denunciation under paragraph 1 shall not affect the obligations already
incurred, by reason of the armed conflict, under this Protocol by such
denouncing Party in respect of any act committed before this denunciation
becomes effective.

Article 100 Notifications


The depositary shall inform the High Contracting Parties as well as the Parties to the
Conventions, whether or not they are signatories of this Protocol, of:
a) signatures affixed to this Protocol and the deposit of instruments of
ratification and accession under Articles 93 and 94;
b) the date of entry into force of this Protocol under Article 95;
c) communications and declarations received under Articles 84, 90 and 97;
d) declarations received under Article 96, paragraph 3, which shall be
communicated by the quickest methods; and
e) denunciations under Article 99.
INTERNATIONAL ARMED CONFLICTS 295

Article 101 Registration


1. After its entry into force, this Protocol shall be transmitted by the depositary to
the Secretariat of the United Nations for registration and publication, in
accordance with Article 102 of the Charter of the United Nations.
2. The depositary shall also inform the Secretariat of the United Nations of all
ratifications, accessions and denunciations received by it with respect to this
Protocol.

Article 102 Authentic texts


The original of this Protocol, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the deposi-
tary, which shall transmit certified true copies thereof to all the Parties to the
Conventions.
ANNEX I

REGULATIONS CONCERNING IDENTIFICATION


(as amended on 30 November 1993)

Article 1 General provisions


1. The regulations concerning identification in this Annex implement the relevant
provisions of the Geneva Conventions and the Protocol; they are intended to
facilitate the identification of personnel, material, units, transports and
installations protected under the Geneva Conventions and the Protocol.
2. These rules do not in and of themselves establish the right to protection. This
right is governed by the relevant articles in the Conventions and the Protocol.
3. The competent authorities may, subject to the relevant provisions of the Geneva
Conventions and the Protocol, at all times regulate the use, display, illumination
and detectability of the distinctive emblems and signals.
4. The High Contracting Parties and in particular the Parties to the conflict are
invited at all times to agree upon additional or other signals, means or systems
which enhance the possibility of identification and take full advantage of
technological developments in this field.

CHAPTER I

IDENTITY CARDS

Article 2 Identity card for permanent civilian medical and religious personnel
1. The identity card for permanent civilian medical and religious personnel
referred to in Article 18, paragraph 3, of the Protocol should:
a) bear the distinctive emblem and be of such size that it can be carried in the
pocket;
b) be as durable as practicable;
c) be worded in the national or official language and, in addition and when
appropriate, in the local language of the region concerned;
d) mention the name, the date of birth (or, if that date is not available, the age at
the time of issue) and the identity number, if any, of the holder;
e) state in what capacity the holder is entitled to the protection of the
Conventions and of the Protocol;
INTERNATIONAL ARMED CONFLICTS 297

f) bear the photograph of the holder as well as his signature or his thumbprint,
or both;
g) bear the stamp and signature of the competent authority;
h) state the date of issue and date of expiry of the card;
i) indicate, whenever possible, the holders blood group, on the reverse side of
the card.
2. The identity card shall be uniform throughout the territory of each High
Contracting Party and, as far as possible, of the same type for all Parties to the
conflict. The Parties to the conflict may be guided by the single-language model
shown in Figure 1.At the outbreak of hostilities, they shall transmit to each other
a specimen of the model they are using, if such model differs from that shown in
Figure 1. The identity card shall be made out, if possible, in duplicate, one copy
being kept by the issuing authority, which should maintain control of the cards
which it has issued.
3. In no circumstances may permanent civilian medical and religious personnel be
deprived of their identity cards. In the event of the loss of a card, they shall be
entitled to obtain a duplicate copy.

Article 3 Identity card for temporary civilian medical and religious personnel
1. The identity card for temporary civilian medical and religious personnel should,
whenever possible, be similar to that provided for in Article 2 of these
Regulations. The Parties to the conflict may be guided by the model shown in
Figure 1.
2. When circumstances preclude the provision to temporary civilian medical and
religious personnel of identity cards similar to those described in Article 2 of
these Regulations, the said personnel may be provided with a certificate signed
by the competent authority certifying that the person to whom it is issued is
assigned to duty as temporary personnel and stating, if possible, the duration of
such assignment and his right to wear the distinctive emblem. The certificate
should mention the holders name and date of birth (or if that is not available, his
age at the time when the certificate was issued), his function and identity
number, if any. It shall bear his signature or his thumbprint, or both.
Front Reverse side
(space reserved for the name Height............... Eyes...................... Hair.................
of the country and authority
issuing this card)
Other distinguishing marks or information:
IDENTITY CARD
.........................................................................................
for PERMANENT civilian medical personnel
TEMPORARY religious .........................................................................................
Name......................................................................................... .........................................................................................
......
Date of birth (or age) ...............................................................
Identity No. (if any)..................................................................
The holder of this card is protected by the Geneva
Conventions of 12 August 1949 and by the Protocol
Additional to Geneva Conventions of 12 August 1949, and
relating to the Protection of Victims of International PHOTO OF HOLDER
Armed Conflicts (Protocol I) in his capacity as

......

Fig. 1: Model of identity card (format: 74 mm x 105 mm)


Date of issue ... No. of card..............................
Signature of issuing Stamp Signature of bearer or
authority thumbprint or both

Date of expiry ...........................................................................


INTERNATIONAL ARMED CONFLICTS 299

CHAPTER II

THE DISTINCTIVE EMBLEM

Article 4 Shape
The distinctive emblem (red on a white ground) shall be as large as appropriate
under the circumstances. For the shapes of the cross, the crescent or the lion and
sun*, the High Contracting Parties may be guided by the models shown in
Figure 2.

Fig. 2: Distinctive emblems in red on a white ground

Article 5 Use
1. The distinctive emblem shall, whenever possible, be displayed on a flat surface,
on flags or in any other way appropriate to the lay of the land, so that it is visible
from as many directions and from as far away as possible, and in particular from
the air.
2. At night or when visibility is reduced, the distinctive emblem may be lighted or
illuminated.
3. The distinctive emblem may be made of materials which make it recognizable by
technical means of detection. The red part should be painted on top of black
primer paint in order to facilitate its identification, in particular by infrared
instruments.
4. Medical and religious personnel carrying out their duties in the battle area shall,
as far as possible, wear headgear and clothing bearing the distinctive emblem.

* No State has used the emblem of the lion and sun since 1980.
300 ADDITIONAL PROTOCOL I OF 1977 ANNEX I

CHAPTER III
DISTINCTIVE SIGNALS

Article 6 Use
1. All distinctive signals specified in this Chapter may be used by medical units or
transports.
2. These signals, at the exclusive disposal of medical units and transports, shall not
be used for any other purpose, the use of the light signal being reserved (see
paragraph 3 below).
3. In the absence of a special agreement between the Parties to the conflict
reserving the use of flashing blue lights for the identification of medical vehicles,
ships and craft, the use of such signals for other vehicles, ships and craft is not
prohibited.
4. Temporary medical aircraft which cannot, either for lack of time or because of
their characteristics, be marked with the distinctive emblem, may use the
distinctive signals authorized in this Chapter.

Article 7 Light signal


1. The light signal, consisting of a flashing blue light as defined in the
Airworthiness Technical Manual of the International Civil Aviation
Organization (ICAO) Doc. 9051, is established for the use of medical aircraft to
signal their identity. No other aircraft shall use this signal. Medical aircraft using
the flashing blue light should exhibit such lights as may be necessary to make the
light signal visible from as many directions as possible.
2. In accordance with the provisions of Chapter XIV, para. 4 of the International
Maritime Organization (IMO) International Code of Signals, vessels protected
by the Geneva Conventions of 1949 and the Protocol should exhibit one or more
flashing blue lights visible from any direction.
3. Medical vehicles should exhibit one or more flashing blue lights visible from as
far away as possible. The High Contracting Parties and, in particular, the Parties
to the conflict which use lights of other colours should give notification of this.
4. The recommended blue colour is obtained when its chromaticity is within the
boundaries of the International Commission on Illumination (ICI)
chromaticity diagram defined by the following equations:
green boundary y = 0.065 + 0.805x
white boundary y = 0.400 x
purple boundary x = 0.133 + 0.600y
The recommended flashing rate of the blue light is between sixty and one
hundred flashes per minute.
INTERNATIONAL ARMED CONFLICTS 301

Article 8 Radio signal


1. The radio signal shall consist of the urgency signal and the distinctive signal as
described in the International Telecommunication Union (ITU) Radio
Regulations (RR Articles 40 and N 40).
2. The radio message preceded by the urgency and distinctive signals mentioned in
paragraph 1 shall be transmitted in English at appropriate intervals on a
frequency or frequencies specified for this purpose in the Radio Regulations,
and shall convey the following data relating to the medical transports
concerned:
a) call sign or other recognized means of identification;
b) position;
c) number and type of vehicles;
d) intended route;
e) estimated time en route and of departure and arrival, as appropriate;
f) any other information, such as flight altitude, guarded radio frequencies,
languages used and secondary surveillance radar modes and codes.
3. In order to facilitate the communications referred to in paragraphs 1 and 2, as
well as the communications referred to in Articles 22, 23 and 25 to 31 of the
Protocol, the High Contracting Parties, the Parties to a conflict, or one of the
Parties to a conflict, acting in agreement or alone, may designate, in accordance
with the Table of Frequency Allocations in the Radio Regulations annexed to the
International Telecommunication Convention, and publish selected national
frequencies to be used by them for such communications. The International
Telecommunication Union shall be notified of these frequencies in accordance
with procedures approved by a World Administrative Radio Conference.

Article 9 Electronic identification


1. The Secondary Surveillance Radar (SSR) system, as specified in Annex 10 to the
Chicago Convention on International Civil Aviation of 7 December 1944, as
amended from time to time, may be used to identify and to follow the course of
medical aircraft. The SSR mode and code to be reserved for the exclusive use of
medical aircraft shall be established by the High Contracting Parties, the Parties
to a conflict, or one of the Parties to a conflict, acting in agreement or alone, in
accordance with procedures to be recommended by the International Civil
Aviation Organization.
2. Protected medical transports may, for their identification and location, use
standard aeronautical radar transponders and/or maritime search and rescue
radar transponders.
It should be possible for protected medical transports to be identified by other
vessels or aircraft equipped with secondary surveillance radar by means of a
302 ADDITIONAL PROTOCOL I OF 1977 ANNEX I

code transmitted by a radar transponder, e.g. in mode 3/A, fitted on the medical
transports.
The code transmitted by the medical transport transponder should be assigned
to that transport by the competent authorities and notified to all the Parties to
the conflict.
3. It should be possible for medical transports to be identified by submarines by
the appropriate underwater acoustic signals transmitted by the medical
transports.
The underwater acoustic signal shall consist of the call sign (or any other
recognized means of identification of medical transport) of the ship preceded by
the single group YYY transmitted in morse on an appropriate acoustic
frequency, e.g. 5kHz.
Parties to a conflict wishing to use the underwater acoustic identification signal
described above shall inform the Parties concerned of the signal as soon as
possible, and shall, when notifying the use of their hospital ships, confirm the
frequency to be employed.
4. Parties to a conflict may, by special agreement between them, establish for their
use a similar electronic system for the identification of medical vehicles, and
medical ships and craft.

CHAPTER IV

COMMUNICATIONS

Article 10 Radiocommunications
1. The urgency signal and the distinctive signal provided for in Article 8 may
precede appropriate radiocommunications by medical units and transports in
the application of the procedures carried out under Articles 22, 23 and 25 to 31
of the Protocol.
2. The medical transports referred to in Articles 40 (Section II, No. 3209) and N 40
(Section III, No. 3214) of the ITU Radio Regulations may also transmit their
communications by satellite systems, in accordance with the provisions of
Articles 37, N 37 and 59 of the ITU Radio Regulations for the Mobile-Satellite
Services.

Article 11 Use of international codes


Medical units and transports may also use the codes and signals laid down by the
International Telecommunication Union, the International Civil Aviation
INTERNATIONAL ARMED CONFLICTS 303

Organization and the International Maritime Organization. These codes and sig-
nals shall be used in accordance with the standards, practices and procedures
established by these Organizations.

Article 12 Other means of communication


When two-way radiocommunication is not possible, the signals provided for in the
International Code of Signals adopted by the International Maritime Organization
or in the appropriate Annex to the Chicago Convention on International Civil
Aviation of 7 December 1944, as amended from time to time, may be used.

Article 13 Flight plans


The agreements and notifications relating to flight plans provided for in Article 29
of the Protocol shall as far as possible be formulated in accordance with procedures
laid down by the International Civil Aviation Organization.

Article 14 Signals and procedures for the interception of medical aircraft


If an intercepting aircraft is used to verify the identity of a medical aircraft in flight
or to require it to land in accordance with Articles 30 and 31 of the Protocol, the
standard visual and radio interception procedures prescribed by Annex 2 to the
Chicago Convention on International Civil Aviation of 7 December 1944, as
amended from time to time, should be used by the intercepting and the medical
aircraft.
304 ADDITIONAL PROTOCOL I OF 1977 ANNEX I

CHAPTER V

CIVIL DEFENCE

Article 15 Identity card


1. The identity card of the civil defence personnel provided for in Article 66,
paragraph 3, of the Protocol is governed by the relevant provisions of Article 2
of these Regulations.
2. The identity card for civil defence personnel may follow the model shown in
Figure 3.
3. If civil defence personnel are permitted to carry light individual weapons, an
entry to that effect should be made on the card mentioned.
Front Reverse side
(space reserved for the name Height............... Eyes...................... Hair.................
of the country and authority
issuing this card)
Other distinguishing marks or information:
IDENTITY CARD
.........................................................................................
for civil defence personnel
.........................................................................................
Name.........................................................................................
...... Weapons ..........................................................................
Date of birth (or age) ...............................................................
Identity No. (if any)..................................................................
The holder of this card is protected by the Geneva
Conventions of 12 August 1949 and by the Protocol
Additional to the Geneva Conventions of 12 August 1949, and
relating to the Protection of Victims of International
Armed Conflicts (Protocol I) in his capacity as PHOTO OF HOLDER

......

Date of issue ... No. of card..............................


Signature of issuing
authority Stamp Signature of holder or

Fig. 3: Model of identity card for civil defence personnel (format: 74 mm x 105 mm)
thumbprint or both

Date of expiry ...........................................................................


306 ADDITIONAL PROTOCOL I OF 1977 ANNEX I

Article 16 International distinctive sign


1. The international distinctive sign of civil defence provided for in Article 66,
paragraph 4, of the Protocol is an equilateral blue triangle on an orange ground.
A model is shown in Figure 4:

Fig. 4: Blue triangle on an orange ground

2. It is recommended that:
a) if the blue triangle is on a flag or armlet or tabard, the ground to the triangle
be the orange flag, armlet or tabard;
b) one of the angles of the triangle be pointed vertically upwards;
c) no angle of the triangle touch the edge of the orange ground.
3. The international distinctive sign shall be as large as appropriate under the
circumstances. The distinctive sign shall, whenever possible, be displayed on flat
surfaces or on flags visible from as many directions and from as far away as
possible. Subject to the instructions of the competent authority, civil defence
personnel shall, as far as possible, wear headgear and clothing bearing the
international distinctive sign.At night or when visibility is reduced, the sign may
be lighted or illuminated; it may also be made of materials rendering it
recognizable by technical means of detection.
INTERNATIONAL ARMED CONFLICTS 307

CHAPTER VI

WORKS AND INSTALLATIONS


CONTAINING DANGEROUS FORCES

Article 17 International special sign


1. The international special sign for works and installations containing dangerous
forces, as provided for in Article 56, paragraph 7, of the Protocol, shall be a group
of three bright orange circles of equal size, placed on the same axis, the distance
between each circle being one radius, in accordance with Figure 5 illustrated
below.
2. The sign shall be as large as appropriate under the circumstances. When
displayed over an extended surface it may be repeated as often as appropriate
under the circumstances. It shall, whenever possible, be displayed on flat
surfaces or on flags so as to be visible from as many directions and from as far
away as possible.
3. On a flag, the distance between the outer limits of the sign and the adjacent sides
of the flag shall be one radius of a circle. The flag shall be rectangular and shall
have a white ground.
4. At night or when visibility is reduced, the sign may be lighted or illuminated. It
may also be made of materials rendering it recognizable by technical means of
detection.

Fig. 5: International special sign for works and installations containing dangerous forces
ANNEX II
IDENTITY CARD FOR JOURNALISTS
ON DANGEROUS PROFESSIONAL MISSIONS
FRONT
REVERSE SIDE
VI

PROTOCOL ADDITIONAL
TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949,
AND RELATING TO THE PROTECTION
OF VICTIMS OF NON-INTERNATIONAL ARMED CONFLICTS
(PROTOCOL II), OF 8 JUNE 1977

Preamble .................................................................................................... 313

PART I
Scope of this Protocol
Article 1 Material field of application....................................................... 314
Article 2 Personal field of application ...................................................... 314
Article 3 Non-intervention ....................................................................... 314

PART II
Humane treatment
Article 4 Fundamental guarantees............................................................ 315
Article 5 Persons whose liberty has been restricted................................. 316
Article 6 Penal prosecutions ..................................................................... 317

PART III
Wounded, sick and shipwrecked
Article 7 Protection and care.................................................................... 318
Article 8 Search ......................................................................................... 318
Article 9 Protection of medical and religious personnel ......................... 318
Article 10 General protection of medical duties ........................................ 318
Article 11 Protection of medical units and transports .............................. 319
Article 12 The distinctive emblem ............................................................. 319

PART IV
Civilian population
Article 13 Protection of the civilian population ........................................ 319
Article 14 Protection of objects indispensable to the survival
of the civilian population........................................................... 319
Article 15 Protection of works and installations
containing dangerous forces ...................................................... 320
Article 16 Protection of cultural objects and of places of worship............ 320
312 CONTENTS

Article 17 Prohibition of forced movement of civilians............................. 320


Article 18 Relief societies and relief actions............................................... 320

PART V
Final provisions
Article 19 Dissemination ............................................................................ 321
Article 20 Signature .................................................................................... 321
Article 21 Ratification................................................................................. 321
Article 22 Accession.................................................................................... 321
Article 23 Entry into force .......................................................................... 321
Article 24 Amendment ............................................................................... 321
Article 25 Denunciation ............................................................................. 322
Article 26 Notifications............................................................................... 322
Article 27 Registration................................................................................ 322
Article 28 Authentic texts ........................................................................... 322
VI
PROTOCOL ADDITIONAL
TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949,
AND RELATING TO THE PROTECTION
OF VICTIMS OF NON-INTERNATIONAL ARMED CONFLICTS
(PROTOCOL II), OF 8 JUNE 1977

PREAMBLE

The High Contracting Parties,

Recalling that the humanitarian principles enshrined in Article 3 common to the


Geneva Conventions of 12 August 1949, constitute the foundation of respect for the
human person in cases of armed conflict not of an international character,

Recalling furthermore that international instruments relating to human rights


offer a basic protection to the human person,

Emphasizing the need to ensure a better protection for the victims of those
armed conflicts,

Recalling that, in cases not covered by the law in force, the human person
remains under the protection of the principles of humanity and the dictates of the
public conscience,

Have agreed on the following:


314 ADDITIONAL PROTOCOL II OF 1977

PART I

SCOPE OF THIS PROTOCOL

Article 1 Material field of application


1. This Protocol, which develops and supplements Article 3 common to the Geneva
Conventions of 12 August 1949 without modifying its existing conditions of
applications, shall apply to all armed conflicts which are not covered by Article 1
of the Protocol Additional to the Geneva Conventions of 12 August 1949, and
relating to the Protection of Victims of International Armed Conflicts
(Protocol I) and which take place in the territory of a High Contracting Party
between its armed forces and dissident armed forces or other organized armed
groups which, under responsible command, exercise such control over a part of
its territory as to enable them to carry out sustained and concerted military
operations and to implement this Protocol.
2. This Protocol shall not apply to situations of internal disturbances and tensions,
such as riots, isolated and sporadic acts of violence and other acts of a similar
nature, as not being armed conflicts.

Article 2 Personal field of application


1. This Protocol shall be applied without any adverse distinction founded on race,
colour, sex, language, religion or belief, political or other opinion, national or
social origin, wealth, birth or other status, or on any other similar criteria
(hereinafter referred to as adverse distinction) to all persons affected by an
armed conflict as defined in Article 1.
2. At the end of the armed conflict, all the persons who have been deprived of their
liberty or whose liberty has been restricted for reasons related to such conflict,
as well as those deprived of their liberty or whose liberty is restricted after the
conflict for the same reasons, shall enjoy the protection of Articles 5 and 6 until
the end of such deprivation or restriction of liberty.

Article 3 Non-intervention
1. Nothing in this Protocol shall be invoked for the purpose of affecting the
sovereignty of a State or the responsibility of the government, by all legitimate
means, to maintain or re-establish law and order in the State or to defend the
national unity and territorial integrity of the State.
2. Nothing in this Protocol shall be invoked as a justification for intervening,
directly or indirectly, for any reason whatever, in the armed conflict or in the
internal or external affairs of the High Contracting Party in the territory of
which that conflict occurs.
NON-INTERNATIONAL ARMED CONFLICTS 315

PART II

HUMANE TREATMENT

Article 4 Fundamental guarantees


1. All persons who do not take a direct part or who have ceased to take part in
hostilities, whether or not their liberty has been restricted, are entitled to respect
for their person, honour and convictions and religious practices. They shall in all
circumstances be treated humanely, without any adverse distinction. It is
prohibited to order that there shall be no survivors.
2. Without prejudice to the generality of the foregoing, the following acts against
the persons referred to in paragraph 1 are and shall remain prohibited at any
time and in any place whatsoever:
a) violence to the life, health and physical or mental well-being of persons, in
particular murder as well as cruel treatment such as torture, mutilation or
any form of corporal punishment;
b) collective punishments;
c) taking of hostages;
d) acts of terrorism;
e) outrages upon personal dignity, in particular humiliating and degrading
treatment, rape, enforced prostitution and any form of indecent assault;
f) slavery and the slave trade in all their forms;
g) pillage;
h) threats to commit any of the foregoing acts.
3. Children shall be provided with the care and aid they require, and in particular:
a) they shall receive an education, including religious and moral education, in
keeping with the wishes of their parents, or in the absence of parents, of those
responsible for their care;
b) all appropriate steps shall be taken to facilitate the reunion of families
temporarily separated;
c) children who have not attained the age of fifteen years shall neither be
recruited in the armed forces or groups nor allowed to take part in hostilities;
d) the special protection provided by this Article to children who have not
attained the age of fifteen years shall remain applicable to them if they take a
direct part in hostilities despite the provisions of sub-paragraph c) and are
captured;
e) measures shall be taken, if necessary, and whenever possible with the consent
of their parents or persons who by law or custom are primarily responsible
for their care, to remove children temporarily from the area in which
hostilities are taking place to a safer area within the country and ensure that
they are accompanied by persons responsible for their safety and well-being.
316 ADDITIONAL PROTOCOL II OF 1977

Article 5 Persons whose liberty has been restricted


1. In addition to the provisions of Article 4, the following provisions shall be
respected as a minimum with regard to persons deprived of their liberty for
reasons related to the armed conflict, whether they are interned or detained:
a) the wounded and the sick shall be treated in accordance with Article 7;
b) the persons referred to in this paragraph shall, to the same extent as the local
civilian population, be provided with food and drinking water and be
afforded safeguards as regards health and hygiene and protection against the
rigours of the climate and the dangers of the armed conflict;
c) they shall be allowed to receive individual or collective relief;
d) they shall be allowed to practise their religion and, if requested and
appropriate, to receive spiritual assistance from persons, such as chaplains,
performing religious functions;
e) they shall, if made to work, have the benefit of working conditions and
safeguards similar to those enjoyed by the local civilian population.
2. Those who are responsible for the internment or detention of the persons
referred to in paragraph 1 shall also, within the limits of their capabilities,
respect the following provisions relating to such persons:
a) except when men and women of a family are accommodated together,
women shall be held in quarters separated from those of men and shall be
under the immediate supervision of women;
b) they shall be allowed to send and receive letters and cards, the number of
which may be limited by competent authority if it deems necessary;
c) places of internment and detention shall not be located close to the combat
zone. The persons referred to in paragraph 1 shall be evacuated when the
places where they are interned or detained become particularly exposed to
danger arising out of the armed conflict, if their evacuation can be carried
out under adequate conditions of safety;
d) they shall have the benefit of medical examinations;
e) their physical or mental health and integrity shall not be endangered by any
unjustified act or omission. Accordingly, it is prohibited to subject the
persons described in this Article to any medical procedure which is not
indicated by the state of health of the person concerned, and which is not
consistent with the generally accepted medical standards applied to free
persons under similar medical circumstances.
3. Persons who are not covered by paragraph 1 but whose liberty has been
restricted in any way whatsoever for reasons related to the armed conflict shall
be treated humanely in accordance with Article 4 and with paragraphs 1 a), c)
and d), and 2 b) of this Article.
NON-INTERNATIONAL ARMED CONFLICTS 317

4. If it is decided to release persons deprived of their liberty, necessary measures to


ensure their safety shall be taken by those so deciding.

Article 6 Penal prosecutions


1. This Article applies to the prosecution and punishment of criminal offences
related to the armed conflict.
2. No sentence shall be passed and no penalty shall be executed on a person found
guilty of an offence except pursuant to a conviction pronounced by a court
offering the essential guarantees of independence and impartiality. In particular:
a) the procedure shall provide for an accused to be informed without delay of
the particulars of the offence alleged against him and shall afford the accused
before and during his trial all necessary rights and means of defence;
b) no one shall be convicted of an offence except on the basis of individual
penal responsibility;
c) no one shall be held guilty of any criminal offence on account of any act or
omission which did not constitute a criminal offence, under the law, at the
time when it was committed; nor shall a heavier penalty be imposed than
that which was applicable at the time when the criminal offence was
committed; if, after the commission of the offence, provision is made by law
for the imposition of a lighter penalty, the offender shall benefit thereby;
d) anyone charged with an offence is presumed innocent until proved guilty
according to law;
e) anyone charged with an offence shall have the right to be tried in his
presence;
f) no one shall be compelled to testify against himself or to confess guilt.
3. A convicted person shall be advised on conviction of his judicial and other
remedies and of the time-limits within which they may be exercised.
4. The death penalty shall not be pronounced on persons who were under the age
of eighteen years at the time of the offence and shall not be carried out on
pregnant women or mothers of young children.
5. At the end of hostilities, the authorities in power shall endeavour to grant the
broadest possible amnesty to persons who have participated in the armed
conflict, or those deprived of their liberty for reasons related to the armed
conflict, whether they are interned or detained.
318 ADDITIONAL PROTOCOL II OF 1977

PART III

WOUNDED, SICK AND SHIPWRECKED

Article 7 Protection and care


1. All the wounded, sick and shipwrecked, whether or not they have taken part in
the armed conflict, shall be respected and protected.
2. In all circumstances they shall be treated humanely and shall receive, to the
fullest extent practicable and with the least possible delay, the medical care and
attention required by their condition. There shall be no distinction among them
founded on any grounds other than medical ones.

Article 8 Search
Whenever circumstances permit, and particularly after an engagement, all possible
measures shall be taken, without delay, to search for and collect the wounded, sick
and shipwrecked, to protect them against pillage and ill-treatment, to ensure their
adequate care, and to search for the dead, prevent their being despoiled, and
decently dispose of them.

Article 9 Protection of medical and religious personnel


1. Medical and religious personnel shall be respected and protected and shall be
granted all available help for the performance of their duties. They shall not be
compelled to carry out tasks which are not compatible with their humanitarian
mission.
2. In the performance of their duties medical personnel may not be required to
give priority to any person except on medical grounds.

Article 10 General protection of medical duties


1. Under no circumstances shall any person be punished for having carried out
medical activities compatible with medical ethics, regardless of the person
benefiting therefrom.
2. Persons engaged in medical activities shall neither be compelled to perform acts
or to carry out work contrary to, nor be compelled to refrain from acts required
by, the rules of medical ethics or other rules designed for the benefit of the
wounded and sick, or this Protocol.
3. The professional obligations of persons engaged in medical activities regarding
information which they may acquire concerning the wounded and sick under
their care shall, subject to national law, be respected.
4. Subject to national law, no person engaged in medical activities may be
NON-INTERNATIONAL ARMED CONFLICTS 319

penalized in any way for refusing or failing to give information concerning the
wounded and sick who are, or who have been, under his care.

Article 11 Protection of medical units and transports


1. Medical units and transports shall be respected and protected at all times and
shall not be the object of attack.
2. The protection to which medical units and transports are entitled shall not cease
unless they are used to commit hostile acts, outside their humanitarian function.
Protection may, however, cease only after a warning has been given setting,
whenever appropriate, a reasonable time-limit, and after such warning has
remained unheeded.

Article 12 The distinctive emblem


Under the direction of the competent authority concerned, the distinctive emblem
of the red cross, red crescent or red lion and sun on a white ground shall be dis-
played by medical and religious personnel and medical units, and on medical trans-
ports. It shall be respected in all circumstances. It shall not be used improperly.

PART IV

CIVILIAN POPULATION

Article 13 Protection of the civilian population


1. The civilian population and individual civilians shall enjoy general protection
against the dangers arising from military operations. To give effect to this
protection, the following rules shall be observed in all circumstances.
2. The civilian population as such, as well as individual civilians, shall not be the
object of attack. Acts or threats of violence the primary purpose of which is to
spread terror among the civilian population are prohibited.
3. Civilians shall enjoy the protection afforded by this Part, unless and for such
time as they take a direct part in hostilities.

Article 14 Protection of objects indispensable to the survival of the civilian


population
Starvation of civilians as a method of combat is prohibited. It is therefore prohibit-
ed to attack, destroy, remove or render useless, for that purpose, objects indispen-
sable to the survival of the civilian population, such as foodstuffs, agricultural areas
320 ADDITIONAL PROTOCOL II OF 1977

for the production of foodstuffs, crops, livestock, drinking water installations and
supplies and irrigation works.

Article 15 Protection of works and installations containing dangerous forces


Works or installations containing dangerous forces, namely dams, dykes and
nuclear electrical generating stations, shall not be made the object of attack, even
where these objects are military objectives, if such attack may cause the release of
dangerous forces and consequent severe losses among the civilian population.

Article 16 Protection of cultural objects and of places of worship


Without prejudice to the provisions of the Hague Convention for the Protection of
Cultural Property in the Event of Armed Conflict of 14 May 1954, it is prohibited
to commit any acts of hostility directed against historic monuments, works of art
or places of worship which constitute the cultural or spiritual heritage of peoples,
and to use them in support of the military effort.

Article 17 Prohibition of forced movement of civilians


1. The displacement of the civilian population shall not be ordered for reasons
related to the conflict unless the security of the civilians involved or imperative
military reasons so demand. Should such displacements have to be carried out,
all possible measures shall be taken in order that the civilian population may be
received under satisfactory conditions of shelter, hygiene, health, safety and
nutrition.
2. Civilians shall not be compelled to leave their own territory for reasons
connected with the conflict.

Article 18 Relief societies and relief actions


1. Relief societies located in the territory of the High Contracting Party, such as
Red Cross (Red Crescent, Red Lion and Sun) organizations, may offer their
services for the performance of their traditional functions in relation to the
victims of the armed conflict. The civilian population may, even on its own
initiative, offer to collect and care for the wounded, sick and shipwrecked.
2. If the civilian population is suffering undue hardship owing to a lack of the
supplies essential for its survival, such as foodstuffs and medical supplies, relief
actions for the civilian population which are of an exclusively humanitarian and
impartial nature and which are conducted without any adverse distinction shall
be undertaken subject to the consent of the High Contracting Party concerned.
NON-INTERNATIONAL ARMED CONFLICTS 321

PART V

FINAL PROVISIONS

Article 19 Dissemination
This Protocol shall be disseminated as widely as possible.

Article 20 Signature
This Protocol shall be open for signature by the Parties to the Conventions six
months after the signing of the Final Act and will remain open for a period of
twelve months.

Article 21 Ratification
This Protocol shall be ratified as soon as possible. The instruments of ratification
shall be deposited with the Swiss Federal Council, depositary of the Conventions.

Article 22 Accession
This Protocol shall be open for accession by any Party to the Conventions which
has not signed it. The instruments of accession shall be deposited with the
depositary.

Article 23 Entry into force


1. This Protocol shall enter into force six months after two instruments of
ratification or accession have been deposited.
2. For each Party to the Conventions thereafter ratifying or acceding to this
Protocol, it shall enter into force six months after the deposit by such Party of its
instrument of ratification or accession.

Article 24 Amendment
1. Any High Contracting Party may propose amendments to this Protocol. The
text of any proposed amendment shall be communicated to the depositary
which shall decide, after consultation with all the High Contracting Parties and
the International Committee of the Red Cross, whether a conference should be
convened to consider the proposed amendment.
2. The depositary shall invite to that conference all the High Contracting Parties as
well as the Parties to the Conventions, whether or not they are signatories of this
Protocol.
322 ADDITIONAL PROTOCOL II OF 1977

Article 25 Denunciation
1. In case a High Contracting Party should denounce this Protocol, the
denunciation shall only take effect six months after receipt of the instrument of
denunciation. If, however, on the expiry of six months, the denouncing Party is
engaged in the situation referred to in Article 1, the denunciation shall not take
effect before the end of the armed conflict. Persons who have been deprived of
liberty, or whose liberty has been restricted, for reasons related to the conflict
shall nevertheless continue to benefit from the provisions of this Protocol until
their final release.
2. The denunciation shall be notified in writing to the depositary, which shall
transmit it to all the High Contracting Parties.

Article 26 Notifications
The depositary shall inform the High Contracting Parties as well as the Parties to
the Conventions, whether or not they are signatories of this Protocol, of:
a) signatures affixed to this Protocol and the deposit of instruments of
ratification and accession under Articles 21 and 22;
b) the date of entry into force of this Protocol under Article 23; and
c) communications and declarations received under Article 24.

Article 27 Registration
1. After its entry into force, this Protocol shall be transmitted by the depositary to
the Secretariat of the United Nations for registration and publication, in
accordance with Article 102 of the Charter of the United Nations.
2. The depositary shall also inform the Secretariat of the United Nations of all
ratifications and accessions received by it with respect to this Protocol.

Article 28 Authentic texts


The original of this Protocol, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the deposi-
tary, which shall transmit certified true copies thereof to all the Parties to the
Conventions.
VII

PROTOCOL ADDITIONAL
TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949,
AND RELATING TO THE ADOPTION
OF AN ADDITIONAL DISTINCTIVE EMBLEM
(PROTOCOL III), OF 8 DECEMBER 2005

Preamble .................................................................................................... 324


Article 1 Respect for and scope of application of this Protocol............... 325
Article 2 Distinctive emblems .................................................................. 325
Article 3 Indicative use of the third Protocol emblem............................. 326
Article 4 International Committee of the Red Cross and International
Federation of Red Cross and Red Crescent Societies ............... 326
Article 5 Missions under United Nations auspices .................................. 326
Article 6 Prevention and repression of misuse......................................... 327
Article 7 Dissemination ............................................................................ 327
Article 8 Signature .................................................................................... 327
Article 9 Ratification................................................................................. 327
Article 10 Accession.................................................................................... 327
Article 11 Entry into force .......................................................................... 327
Article 12 Treaty relations upon entry into force of this Protocol............. 328
Article 13 Amendment ............................................................................... 328
Article 14 Denunciation ............................................................................. 328
Article 15 Notifications............................................................................... 328
Article 16 Registration................................................................................ 329
Article 17 Authentic texts ........................................................................... 329

ANNEX
Third Protocol emblem
Article 1 Distinctive emblem .................................................................... 330
Article 2 Indicative use of the third Protocol emblem............................. 330
VII
PROTOCOL ADDITIONAL
TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949,
AND RELATING TO THE ADOPTION
OF AN ADDITIONAL DISTINCTIVE EMBLEM
(PROTOCOL III), OF 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,
ADDITIONAL DISTINCTIVE EMBLEM 325

(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 appli-
cable, 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.
326 ADDITIONAL PROTOCOL III OF 2005

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 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 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.
ADDITIONAL DISTINCTIVE EMBLEM 327

Article 6 Prevention and repression of misuse


1. The provisions of the Geneva Conventions and, where applicable, the
1977 Additional Protocols, governing prevention and repression of misuse of
the distinctive emblems shall apply equally to the third Protocol emblem. In
particular, the High Contracting Parties shall take measures necessary for the
prevention and repression, at all times, of any misuse of the distinctive emblems
mentioned in Articles 1 and 2 and their designations, including the perfidious
use and the use of any sign or designation constituting an imitation thereof.
2. Notwithstanding paragraph 1 above, High Contracting Parties may permit prior
users of the third Protocol emblem, or of any sign constituting an imitation
thereof, to continue such use, provided that the said use shall not be such as
would appear, in time of armed conflict, to confer the protection of the Geneva
Conventions and, where applicable, the 1977 Additional Protocols, and provided
that the rights to such use were acquired before the adoption of this Protocol.

Article 7 Dissemination
The High Contracting Parties undertake, in time of peace as in time of armed
conflict, to disseminate this Protocol as widely as possible in their respective
countries and, in particular, to include the study thereof in their programmes of
military instruction and to encourage the study thereof by the civilian population,
so that this instrument may become known to the armed forces and to the civilian
population.

Article 8 Signature
This Protocol shall be open for signature by the Parties to the Geneva Conventions
on the day of its adoption and will remain open for a period of twelve months.

Article 9 Ratification
This Protocol shall be ratified as soon as possible. The instruments of ratification
shall be deposited with the Swiss Federal Council, depositary of the Geneva
Conventions and the 1977 Additional Protocols.

Article 10 Accession
This Protocol shall be open for accession by any Party to the Geneva Conventions
which has not signed it. The instruments of accession shall be deposited with the
depositary.

Article 11 Entry into force


1. This Protocol shall enter into force six months after two instruments of
ratification or accession have been deposited.
328 ADDITIONAL PROTOCOL III OF 2005

2. For each Party to the Geneva Conventions thereafter ratifying or acceding to this
Protocol, it shall enter into force six months after the deposit by such Party of its
instrument of ratification or accession.

Article 12 Treaty relations upon entry into force of this Protocol


1. When the Parties to the Geneva Conventions are also Parties to this Protocol, the
Conventions shall apply as supplemented by this Protocol.
2. When one of the Parties to the conflict is not bound by this Protocol, the Parties
to the Protocol shall remain bound by it in their mutual relations. They shall
furthermore be bound by this Protocol in relation to each of the Parties which
are not bound by it, if the latter accepts and applies the provisions thereof.

Article 13 Amendment
1. Any High Contracting Party may propose amendments to this Protocol. The
text of any proposed amendment shall be communicated to the depositary,
which shall decide, after consultation with all the High Contracting Parties, the
International Committee of the Red Cross and the International Federation of
Red Cross and Red Crescent Societies, whether a conference should be convened
to consider the proposed amendment.
2. The depositary shall invite to that conference all the High Contracting Parties as
well as the Parties to the Geneva Conventions, whether or not they are
signatories of this Protocol.

Article 14 Denunciation
1. In case a High Contracting Party should denounce this Protocol, the
denunciation shall only take effect one year after receipt of the instrument of
denunciation. If, however, on the expiry of that year the denouncing Party is
engaged in a situation of armed conflict or occupation, the denunciation shall
not take effect before the end of the armed conflict or occupation.
2. The denunciation shall be notified in writing to the depositary, which shall
transmit it to all the High Contracting Parties.
3. The denunciation shall have effect only in respect of the denouncing Party.
4. Any denunciation under paragraph 1 shall not affect the obligations already
incurred, by reason of the armed conflict or occupation, under this Protocol by
such denouncing Party in respect of any act committed before this denunciation
becomes effective.

Article 15 Notifications
The depositary shall inform the High Contracting Parties as well as the Parties to
the Geneva Conventions, whether or not they are signatories of this Protocol, of:
ADDITIONAL DISTINCTIVE EMBLEM 329

a) signatures affixed to this Protocol and the deposit of instruments of


ratification and accession under Articles 8, 9 and 10;
b) the date of entry into force of this Protocol under Article 11 within ten days
of said entry into force;
c) communications received under Article 13;
d) denunciations under Article 14.

Article 16 Registration
1. After its entry into force, this Protocol shall be transmitted by the depositary to
the Secretariat of the United Nations for registration and publication, in
accordance with Article 102 of the Charter of the United Nations.
2. The depositary shall also inform the Secretariat of the United Nations of all ratifi-
cations, accessions and denunciations received by it with respect to this Protocol.

Article 17 Authentic texts


The original of this Protocol, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the deposi-
tary, which shall transmit certified true copies thereof to all the Parties to the
Geneva Conventions.
ANNEX

THIRD PROTOCOL EMBLEM


(Article 2, paragraph 2 and Article 3, paragraph 1 of the Protocol)

Article 1 Distinctive emblem

Article 2 Indicative use of the third Protocol emblem

Incorporation
in accordance with Art. 3
B. OTHER TEXTS OF INTERNATIONAL HUMANITARIAN LAW

I
DECLARATION OF ST. PETERSBURG OF 1868
TO THE EFFECT OF PROHIBITING THE USE

Other texts
of IHL
OF CERTAIN PROJECTILES IN WARTIME

(signed at St. Petersburg 29 November - 11 December 1868)

On the proposition of the Imperial Cabinet of Russia, an International Military


Commission having assembled at St. Petersburg in order to examine the
expediency of forbidding the use of certain projectiles in time of war between
civilized nations, and that Commission having by common agreement fixed the
technical limits at which the necessities of war ought to yield to the requirements of
humanity, the Undersigned are authorized by the orders of their Governments to
declare as follows:

Considering:

That the progress of civilization should have the effect of alleviating as much as
possible the calamities of war;

That the only legitimate object which States should endeavour to accomplish
during war is to weaken the military forces of the enemy;

That for this purpose it is sufficient to disable the greatest possible number of
men;

That this object would be exceeded by the employment of arms which uselessly
aggravate the sufferings of disabled men, or render their death inevitable;

That the employment of such arms would, therefore, be contrary to the laws of
humanity;

The Contracting Parties engage mutually to renounce, in case of war among


themselves, the employment by their military or naval troops of any projectile of a
weight below 400 grammes, which is either explosive or charged with fulminating
or inflammable substances.

They will invite all the States which have not taken part in the deliberations of
the International Military Commission assembled at St. Petersburg by sending
Delegates thereto, to accede to the present engagement.
332 DECLARATION OF ST. PETERSBURG OF 1868

This engagement is compulsory only upon the Contracting or Acceding Parties


thereto in case of war between two or more of themselves; it is not applicable to
non-Contracting Parties, or Parties who shall not have acceded to it.

It will also cease to be compulsory from the moment when, in a war between
Contracting or Acceding Parties, a non-Contracting Party or a non-Acceding Party
shall join one of the belligerents.

The Contracting or Acceding Parties reserve to themselves to come hereafter to


an understanding whenever a precise proposition shall be drawn up in view of
future improvements which science may effect in the armament of troops, in order
to maintain the principles which they have established, and to conciliate the
necessities of war with the laws of humanity.

Done at St. Petersburg, the twenty-ninth of November eleventh day of


December one thousand eight hundred and sixty-eight.
II
EXTRACT FROM THE DECLARATION CONCERNING
THE PROHIBITION OF USING BULLETS WHICH EXPAND
OR FLATTEN EASILY IN THE HUMAN BODY

(Declaration 3)

(International Peace Conference, The Hague, 1899)

The undersigned, Plenipotentiaries of the Powers represented at the


International Peace Conference at The Hague, duly authorized to that effect by their
Governments,

Inspired by the sentiments which found expression in the Declaration of


St. Petersburg of the 29th November (11th December), 1868,

Declare as follows:

The contracting Parties agree to abstain from the use of bullets which expand
or flatten easily in the human body, such as bullets with a hard envelope which does
not entirely cover the core or is pierced with incisions.
III
EXTRACT FROM THE HAGUE CONVENTION
OF 18 OCTOBER 1907
RESPECTING THE LAWS
AND CUSTOMS OF WAR ON LAND

(Convention No. IV)

AND ANNEXED REGULATIONS

(List of Contracting Powers)

Seeing that, while seeking means to preserve peace and prevent armed conflicts
between nations, it is likewise necessary to bear in mind the case where the appeal
to arms has been brought about by events which their care was unable to avert;

Animated by the desire to serve, even in this extreme case, the interests of
humanity and the ever progressive needs of civilization;

Thinking it important, with this object, to revise the general laws and customs of
war, either with a view to defining them with greater precision or to confining them
within such limits as would mitigate their severity as far as possible;

Have deemed it necessary to complete and explain in certain particulars the


work of the First Peace Conference, which, following on the Brussels Conference of
1874, and inspired by the ideas dictated by a wise and generous forethought,
adopted provisions intended to define and govern the usages of war on land.

According to the view of the High Contracting Parties, these provisions, the
wording of which has been inspired by the desire to diminish the evils of war, as far
as military requirements permit, are intended to serve as a general rule of conduct
for the belligerents in their mutual relations and in their relations with the
inhabitants.

It has not, however, been found possible at present to concert regulations


covering all the circumstances which arise in practice.

On the other hand, the High Contracting Parties clearly do not intend that
unforeseen cases should, in the absence of a written undertaking, be left to the
arbitrary judgment of military commanders.
WAR ON LAND 335

Until a more complete code of the laws of war has been issued, the High
Contracting Parties deem it expedient to declare that, in cases not included in the
Regulations adopted by them, the inhabitants and the belligerents remain under
the protection and the rule of the principles of the law of nations, as they result
from the usages established among civilized peoples, from the laws of humanity,
and the dictates of the public conscience.

They declare that it is in this sense especially that Articles 1 and 2 of the
Regulations adopted must be understood.

(Names of plenipotentiaries)

ARTICLE 1. The contracting Powers shall issue instructions to their armed


land forces which shall be in conformity with the Regulations respecting the Laws
and Customs of War on Land, annexed to the present Convention.

ART. 2. The provisions contained in the Regulations referred to in Article 1, as


well as in the present Convention, do not apply except between contracting Powers,
and then only if all the belligerents are parties to the Convention.

ART. 3. A belligerent Party which violates the provisions of the said


Regulations shall, if the case demands, be liable to pay compensation. It shall be
responsible for all acts committed by persons forming part of its armed forces.

ART. 4. The present Convention, duly ratified, shall as between the


contracting Powers, be substituted for the Convention of the 29th July, 1899,
respecting the Laws and Customs of War on Land.
The Convention of 1899 remains in force as between the Powers which signed it,
and which do not also ratify the present Convention.

Articles 5 to 9 are not included in this edition


336 1907 HAGUE CONVENTION NO. IV

REGULATIONS RESPECTING THE LAWS


AND CUSTOMS OF WAR ON LAND

SECTION I

BELLIGERENTS

CHAPTER I

The Qualifications of Belligerents

ARTICLE 1. The laws, rights, and duties of war apply not only to armies, but
also to militia and volunteer corps fulfilling the following conditions:
1 To be commanded by a person responsible for his subordinates;
2 To have a fixed distinctive emblem recognizable at a distance;
3 To carry arms openly; and
4 To conduct their operations in accordance with the laws and customs of war.
In countries where militia or volunteer corps constitute the army, or form part
of it, they are included under the denomination army.

ART. 2. The inhabitants of a territory which has not been occupied, who, on
the approach of the enemy, spontaneously take up arms to resist the invading
troops without having had time to organize themselves in accordance with
Article 1, shall be regarded as belligerents if they carry arms openly and if they
respect the laws and customs of war.

ART. 3. The armed forces of the belligerent parties may consist of combatants
and non-combatants. In the case of capture by the enemy, both have a right to be
treated as prisoners of war.
WAR ON LAND 337

CHAPTER II

Prisoners of War

ART. 4. Prisoners of war are in the power of the hostile Government, but not
of the individuals or corps who capture them.
They must be humanely treated.
All their personal belongings, except arms, horses, and military papers, remain
their property.

ART. 5. Prisoners of war may be interned in a town, fortress, camp, or other


place, and bound not to go beyond certain fixed limits; but they can not be
confined except as an indispensable measure of safety and only while the
circumstances which necessitate the measure continue to exist.

ART. 6. The State may utilize the labour of prisoners of war according to their
rank and aptitude, officers excepted. The tasks shall not be excessive and shall have
no connection with the operations of the war.
Prisoners may be authorized to work for the public service, for private persons,
or on their own account.
Work done for the State shall be paid for at the rates in force for work of similar
kind done by soldiers of the national army, or, if there are none in force, at a rate
according to the work executed.
When the work is for other branches of the public service or for private persons,
the conditions are settled in agreement with the military authorities.
The wages of the prisoners shall go towards improving their position, and the
balance shall be paid them on their release, after deducting the cost of their
maintenance.

ART. 7. The Government into whose hands prisoners of war have fallen is
charged with their maintenance.
In the absence of a special agreement between belligerents, prisoners of war shall
be treated as regards board, lodging, and clothing on the same footing as the troops
of the Government who captured them.

ART. 8. Prisoners of war shall be subject to the laws, regulations, and order in
force in the army of the State in whose power they are. Any act of insubordination
justifies the adoption towards them of such measures of severity as may be
considered necessary.
Escaped prisoners who are retaken before being able to rejoin their own army or
before leaving the territory occupied by the army which captured them are liable to
disciplinary punishment.
Prisoners who, after succeeding in escaping are again taken prisoners, are not
liable to any punishment on account of the previous flight.
338 1907 HAGUE CONVENTION NO. IV

ART. 9. Every prisoner of war is bound to give, if he is questioned on the


subject, his true name and rank, and if he infringes this rule, he is liable to have the
advantages given to prisoners of his class curtailed.

ART. 10. Prisoners of war may be set at liberty on parole if the laws of their
country allow, and, in such cases, they are bound, on their personal honour,
scrupulously to fulfil, both towards their own Government and the Government by
whom they were made prisoners, the engagements they have contracted.
In such cases their own Government is bound neither to require of nor accept
from them any service incompatible with the parole given.

ART. 11. A prisoner of war can not be compelled to accept his liberty on
parole; similarly the hostile Government is not obliged to accede to the request of
the prisoner to be set at liberty on parole.

ART. 12. Prisoners of war liberated on parole and recaptured bearing arms
against the Government to whom they had pledged their honour, or against the
allies of that Government, forfeit their right to be treated as prisoners of war, and
can be brought before the courts.

ART. 13. Individuals who follow an army without directly belonging to it, such
as newspaper correspondents and reporters, sutlers and contractors, who fall into
the enemys hands and whom the latter thinks expedient to detain, are entitled to
be treated as prisoners of war, provided they are in possession of a certificate from
the military authorities of the army which they were accompanying.

ART. 14. An inquiry office for prisoners of war is instituted on the


commencement of hostilities in each of the belligerent States, and, when necessary,
in neutral countries which have received belligerents in their territory. It is the
function of this office to reply to all inquiries about the prisoners. It receives from
the various services concerned full information respecting internments and
transfers, releases on parole, exchanges, escapes, admission into hospital, deaths, as
well as other information necessary to enable it to make out and keep up to date an
individual return for each prisoner of war. The office must state in this return the
regimental number, name and surname, age, place of origin, rank, unit, wounds,
date and place of capture, internment, wounding, and death, as well as any
observations of a special character. The individual return shall be sent to the
Government of the other belligerent after the conclusion of peace.
It is likewise the function of the inquiry office to receive and collect all objects of
personal use, valuables, letters, etc., found on the field of battle or left by prisoners
who have been released on parole, or exchanged, or who have escaped, or died in
hospitals or ambulances, and to forward them to those concerned.
WAR ON LAND 339

ART. 15. Relief societies for prisoners of war, which are properly constituted in
accordance with the laws of their country and with the object of serving as the channel
for charitable effort shall receive from the belligerents, for themselves and their duly
accredited agents every facility for the efficient performance of their humane task
within the bounds imposed by military necessities and administrative regulations.
Agents of these societies may be admitted to the places of internment for the purpose
of distributing relief, as also to the halting places of repatriated prisoners, if furnished
with a personal permit by the military authorities, and on giving an undertaking in
writing to comply with all measures of order and police which the latter may issue.

ART. 16. Inquiry offices enjoy the privilege of free postage. Letters, money
orders, and valuables, as well as parcels by post, intended for prisoners of war, or
dispatched by them, shall be exempt from all postal duties in the countries of origin
and destination, as well as in the countries they pass through.
Presents and relief in kind for prisoners of war shall be admitted free of all
import or other duties, as well as of payments for carriage by the State railways.

ART. 17. Officers taken prisoners shall receive the same rate of pay as officers
of corresponding rank in the country where they are detained, the amount to be
ultimately refunded by their own Government.

ART. 18. Prisoners of war shall enjoy complete liberty in the exercise of their
religion, including attendance at the services of whatever church they may belong
to, on the sole condition that they comply with the measures of order and police
issued by the military authorities.

ART. 19. The wills of prisoners of war are received or drawn up in the same
way as for soldiers of the national army.
The same rules shall be observed regarding death certificates as well as for the
burial of prisoners of war, due regard being paid to their grade and rank.

ART. 20. After the conclusion of peace, the repatriation of prisoners of war
shall be carried out as quickly as possible.

CHAPTER III

The Sick and Wounded

ART. 21. The obligations of belligerents with regard to the sick and wounded
are governed by the Geneva Convention.
340 1907 HAGUE CONVENTION NO. IV

SECTION II

HOSTILITIES

CHAPTER I

Means of Injuring the Enemy, Sieges and Bombardments

ART. 22. The right of belligerents to adopt means of injuring the enemy is not
unlimited.

ART. 23. In addition to the prohibitions provided by special Conventions, it is


especially forbidden:
a) To employ poison or poisoned weapons;
b) To kill or wound treacherously individuals belonging to the hostile nation or
army;
c) To kill or wound an enemy who, having laid down his arms, or having no
longer means of defence, has surrendered at discretion;
d) To declare that no quarter will be given;
e) To employ arms, projectiles, or material calculated to cause unnecessary
suffering;
f) To make improper use of a flag of truce, of the national flag or of the military
insignia and uniform of the enemy, as well as the distinctive badges of the
Geneva Convention;
g) To destroy or seize the enemys property, unless such destruction or seizure
be imperatively demanded by the necessities of war;
h) To declare abolished, suspended, or inadmissible in a court of law the rights
and actions of the nationals of the hostile party.
A belligerent is likewise forbidden to compel the nationals of the hostile party to
take part in the operations of war directed against their own country, even if they
were in the belligerents service before the commencement of the war.

ART. 24. Ruses of war and the employment of measures necessary for obtaining
information about the enemy and the country are considered permissible.

ART. 25. The attack or bombardment, by whatever means, of towns, villages,


dwellings, or buildings which are undefended is prohibited.
WAR ON LAND 341

ART. 26. The officer in command of an attacking force must, before


commencing a bombardment, except in cases of assault, do all in his power to warn
the authorities.

ART. 27. In sieges and bombardments all necessary steps must be taken to
spare, as far as possible, buildings dedicated to religion, art, science, or charitable
purposes, historic monuments, hospitals, and places where the sick and wounded
are collected, provided they are not being used at the time for military purposes.
It is the duty of the besieged to indicate the presence of such buildings or places
by distinctive and visible signs, which shall be notified to the enemy beforehand.

ART. 28. The pillage of a town or place, even when taken by assault, is
prohibited.

CHAPTER II

Spies

ART. 29. A person can only be considered a spy when, acting clandestinely or
on false pretences, he obtains or endeavours to obtain information in the zone of
operations of a belligerent, with the intention of communicating it to the hostile
party.
Thus, soldiers not wearing a disguise who have penetrated into the zone of
operations of the hostile army, for the purpose of obtaining information, are not
considered spies. Similarly, the following are not considered spies: soldiers and
civilians, carrying out their mission openly, entrusted with the delivery of
dispatches either for their own army or for the enemys army. To this class belong
likewise persons sent in balloons for the purpose of carrying dispatches and,
generally, of maintaining communications between the different parts of an army
or a territory.

ART. 30. A spy taken in the act shall not be punished without previous trial.

ART. 31. A spy who, after rejoining the army to which he belongs, is
subsequently captured by the enemy, is treated as a prisoner of war, and incurs no
responsibility for his previous acts of espionage.
342 1907 HAGUE CONVENTION NO. IV

CHAPTER III

Flags of Truce

ART. 32. A person is regarded as a bearer of a flag of truce who has been
authorized by one of the belligerents to enter into communication with the other,
and who advances bearing a white flag. He has a right to inviolability, as well as the
trumpeter, bugler or drummer, the flagbearer and the interpreter who may
accompany him.

ART. 33. The commander to whom a parlementaire is sent is not in all cases
obliged to receive him.
He may take all the necessary steps to prevent a parlementaire taking advantage
of his mission to obtain information.
In case of abuse, he has the right to detain the envoy temporarily.

ART. 34. The parlementaire loses his rights of inviolability if it is proved in a


clear and incontestable manner that he has taken advantage of his privileged
position to provoke or commit an act of treason.

CHAPTER IV

Capitulations

ART. 35. Capitulations agreed upon between the Contracting Parties must
take into account the rules of military honour.
Once settled, they must be scrupulously observed by both Parties.

CHAPTER V

Armistice

ART. 36. An armistice suspends military operations by mutual agreement


between the belligerent parties. If its duration is not defined, the belligerent parties
may resume operations at any time, provided always that the enemy is warned
within the time agreed upon, in accordance with the terms of the armistice.
WAR ON LAND 343

ART. 37. An armistice may be general or local. The first suspends the military
operations of the belligerent States everywhere; the second only between certain
fractions of the belligerent armies and within a fixed radius.

ART. 38. An armistice must be notified officially and in good time to the
competent authorities and to the troops. Hostilities are suspended immediately
after the notification, or on the date fixed.

ART. 39. It rests with the Contracting Parties to settle, in the terms of the
armistices, what communications may be held in the theatre of war with the
inhabitants and between the inhabitants of one belligerent State and those of the
other.

ART. 40. Any serious violation of the armistice by one of the parties gives the
other party the right of denouncing it, and even, in cases of urgency, of
recommencing hostilities immediately.

ART. 41. A violation of the terms of the armistice by private persons acting on
their own initiative only entitles the injured party to demand the punishment of the
offenders or, if necessary, compensation for the losses sustained.

SECTION III

MILITARY AUTHORITY OVER THE TERRITORY


OF THE HOSTILE STATE

ART. 42. Territory is considered occupied when it is actually placed under the
authority of the hostile army.
The occupation extends only to the territory where such authority has been
established and can be exercised.

ART. 43. The authority of the legitimate power having in fact passed into the
hands of the occupant, the latter shall take all the measures in his power to restore,
and ensure, as far as possible, public order and safety, while respecting, unless
absolutely prevented, the laws in force in the country.

ART. 44. A belligerent is forbidden to force the inhabitants of territory


occupied by it to furnish information about the army of the other belligerent, or
about its means of defence.
344 1907 HAGUE CONVENTION NO. IV

ART. 45. It is forbidden to compel the inhabitants of occupied territory to


swear allegiance to the hostile Power.

ART. 46. Family honour and rights, the lives of persons, and private property,
as well as religious conviction and practice, must be respected.
Private property cannot be confiscated.

ART. 47. Pillage is formally forbidden.

ART. 48. If, in the territory occupied, the occupant collects the taxes, dues, and
tolls imposed for the benefit of the State, he shall do so, as far as is possible, in
accordance with the rules of assessment and incidence in force, and shall in
consequence be bound to defray the expenses of the administration of the
occupied territory to the same extent as the legitimate Government was so bound.

ART. 49. If, in addition to the taxes mentioned in the above Article, the
occupant levies other money contributions in the occupied territory, this shall only
be for the needs of the army or of the administration of the territory in question.

ART. 50. No general penalty, pecuniary or otherwise, shall be inflicted upon


the population on account of the acts of individuals for which they cannot be
regarded as jointly and severally responsible.

ART. 51. No contribution shall be collected except under a written order, and
on the responsibility of a Commander-in-Chief.
The collection of the said contribution shall only be effected as far as possible in
accordance with the rules of assessment and incidence of the taxes in force.
For every contribution a receipt shall be given to the contributors.

ART. 52. Requisitions in kind and services shall not be demanded from
municipalities or inhabitants except for the needs of the army of occupation. They
shall be in proportion to the resources of the country, and of such a nature as not
to involve the inhabitants in the obligation of taking part in military operations
against their own country.
Such requisitions and services shall only be demanded on the authority of the
commander in the locality occupied.
Contributions in kind shall as far as possible be paid for in cash; if not, a receipt
shall be given and the payment of the amount due shall be made as soon as possible.

ART. 53. An army of occupation can only take possession of cash, funds, and
realizable securities which are strictly the property of the State, depots of arms,
means of transport, stores and supplies, and, generally, all movable property
belonging to the State which may be used for military operations.
WAR ON LAND 345

All appliances, whether on land, at sea, or in the air, adapted for the transmission
of news, or for the transport of persons or things, exclusive of cases governed by
naval law, depots of arms, and, generally, all kinds of munitions of war, may be
seized, even if they belong to private individuals, but they must be restored and
compensation fixed when peace is made.

ART. 54. Submarine cables connecting occupied territory with a neutral


territory shall not be seized or destroyed except in the case of absolute necessity.
They must likewise be restored and compensation fixed when peace is made.

ART. 55. The occupying State shall be regarded only as administrator and
usufructuary of public buildings, real estate, forests, and agricultural estates
belonging to the hostile State, and situated in the occupied country. It must
safeguard the capital of these properties, and administer them in accordance with
the rules of usufruct.

ART. 56. The property of municipalities, that of institutions dedicated to


religion, charity and education, the arts and sciences, even when State property,
shall be treated as private property.
All seizure of, destruction or wilful damage done to institutions of this character,
historic monuments, works of art and science, is forbidden, and should be made the
subject of legal proceedings.
IV
EXTRACT FROM THE HAGUE CONVENTION
OF 18 OCTOBER 1907 RESPECTING THE RIGHTS
AND DUTIES OF NEUTRAL POWERS
AND PERSONS IN CASE OF WAR ON LAND

(Convention No. V)

CHAPTER II

Belligerents Interned and Wounded Tended in Neutral Territory

ART. 11. A neutral Power which receives on its territory troops belonging to
the belligerent armies shall intern them, as far as possible, at a distance from the
theatre of war.
It may keep them in camps and even confine them in fortresses or in places set
apart for this purpose.
It shall decide whether officers can be left at liberty on giving their parole not to
leave the neutral territory without permission.

ART. 12. In the absence of a special convention to the contrary, the neutral
Power shall supply the interned with the food, clothing, and relief required by
humanity.
At the conclusion of peace the expenses caused by the internment shall be made
good.

ART. 13. A neutral Power which receives escaped prisoners of war shall leave
them at liberty. If it allows them to remain in its territory it may assign them a place
of residence.
The same rule applies to prisoners of war brought by troops taking refuge in the
territory of a neutral Power.

ART. 14. A neutral Power may authorize the passage over its territory of the
sick and wounded belonging to the belligerent armies, on condition that the trains
bringing them shall carry neither personnel nor war material. In such case, the
neutral Power is bound to take whatever measures of safety and control are
necessary for the purpose.
NEUTRAL POWERS AND PERSONS 347

The sick or wounded brought under these conditions into neutral territory by
one of the belligerents, and belonging to the hostile party, must be guarded by the
neutral Power so as to ensure their not taking part again in the military operations.
The same duty shall devolve on the neutral State with regard to wounded or sick of
the other army who may be committed to its care.

ART. 15. The Geneva Convention applies to the sick and wounded interned in
neutral territory.

CHAPTER III

Neutral Persons

ART. 16. The nationals of a State which is not taking part in the war are
considered as neutrals.

ART. 17. A neutral cannot avail himself of his neutrality:


a) if he commits hostile acts against a belligerent;
b) if he commits acts in favour of a belligerent, particularly if he voluntarily
enlists in the ranks of the armed force of one of the parties.
In such a case, the neutral shall not be more severely treated by the belligerent as
against whom he has abandoned his neutrality than a national of the other
belligerent State could be for the same act.

ART. 18. The following acts shall not be considered as committed in favour of
one belligerent in the sense of Article 17, letter b):
a) supplies furnished or loans made to one of the belligerents, provided that
the person who furnishes the supplies or who makes the loans lives neither
in the territory of the other party nor in the territory occupied by him, and
that the supplies do not come from these territories;
b) services rendered in matters of police or civil administration.
V
GENEVA PROTOCOL OF 17 JUNE 1925
FOR THE PROHIBITION OF THE USE IN WAR
OF ASPHYXIATING, POISONOUS OR OTHER GASES
AND OF BACTERIOLOGICAL METHODS OF WARFARE

The undersigned Plenipotentiaries, in the name of their respective


Governments:

Whereas the use in war of asphyxiating, poisonous or other gases, and of all
analogous liquids, materials or devices, has been justly condemned by the general
opinion of the civilized world; and

Whereas the prohibition of such use has been declared in Treaties to which the
majority of Powers of the world are Parties; and

To the end that this prohibition shall be universally accepted as a part of


International Law, binding alike the conscience and the practice of nations;

Declare:
That the High Contracting Parties, so far as they are not already Parties to
Treaties prohibiting such use, accept this prohibition, agree to extend this
prohibition to the use of bacteriological methods of warfare and agree to be bound
as between themselves according to the terms of this declaration.
The High Contracting Parties will exert every effort to induce other States to
accede to the present Protocol. Such accession will be notified to the Government
of the French Republic, and by the latter to all signatory and acceding Powers, and
will take effect on the date of the notification by the Government of the French
Republic.
The present Protocol, of which the French and English texts are both authentic,
shall be ratified as soon as possible. It shall bear to-days date.
The ratifications of the present Protocol shall be addressed to the Government
of the French Republic, which will at once notify the deposit of such ratification to
each of the signatory and acceding Powers.
The instruments of ratification of and accession to the present Protocol will
remain deposited in the archives of the Government of the French Republic.
The present Protocol will come into force for each signatory Power as from the
date of deposit of its ratification, and, from that moment, each Power will be bound
as regards other Powers which have already deposited their ratifications.
VI
THE HAGUE CONVENTION OF 14 MAY 1954
FOR THE PROTECTION OF CULTURAL PROPERTY
IN THE EVENT OF ARMED CONFLICT

The High Contracting Parties,


Recognizing that cultural property has suffered grave damage during recent
armed conflicts and that, by reason of the developments in the technique of
warfare, it is in increasing danger of destruction;
Being convinced that damage to cultural property belonging to any people
whatsoever means damage to the cultural heritage of all mankind, since each
people makes its contribution to the culture of the world;
Considering that the preservation of the cultural heritage is of great importance
for all peoples of the world and that it is important that this heritage should receive
international protection;
Guided by the principles concerning the protection of cultural property during
armed conflict, as established in the Conventions of The Hague of 1899 and of 1907
and in the Washington Pact of 15 April 1935;
Being of the opinion that such protection cannot be effective unless both
national and international measures have been taken to organize it in time of peace;
Being determined to take all possible steps to protect cultural property;
Have agreed upon the following provisions:

CHAPTER I

GENERAL PROVISIONS REGARDING PROTECTION

ARTICLE 1
Definition of Cultural Property
For the purposes of the present Convention, the term cultural property shall
cover, irrespective of origin or ownership:
a) movable or immovable property of great importance to the cultural heritage of
every people, such as monuments of architecture, art or history, whether
religious or secular; archaeological sites; groups of buildings which, as a whole,
350 THE HAGUE CONVENTION OF 1954

are of historical or artistic interest; works of art; manuscripts, books and other
objects of artistic, historical or archaeological interest; as well as scientific
collections and important collections of books or archives or of reproductions
of the property defined above;
b) buildings whose main and effective purpose is to preserve or exhibit the
movable cultural property defined in sub-paragraph a) such as museums, large
libraries and depositories of archives, and refuges intended to shelter, in the
event of armed conflict, the movable cultural property defined in sub-
paragraph a);
c) centres containing a large amount of cultural property as defined in sub-
paragraphs a) and b), to be known as centres containing monuments.

ARTICLE 2
Protection of Cultural Property
For the purposes of the present Convention, the protection of cultural property
shall comprise the safeguarding of and respect for such property.

ARTICLE 3
Safeguarding of Cultural Property
The High Contracting Parties undertake to prepare in time of peace for the
safeguarding of cultural property situated within their own territory against the
foreseeable effects of an armed conflict, by taking such measures as they consider
appropriate.

ARTICLE 4
Respect for Cultural Property
1. The High Contracting Parties undertake to respect cultural property situated
within their own territory as well as within the territory of other High
Contracting Parties by refraining from any use of the property and its
immediate surroundings or of the appliances in use for its protection for
purposes which are likely to expose it to destruction or damage in the event of
armed conflict; and by refraining from any act of hostility directed against such
property.
2. The obligations mentioned in paragraph 1 of the present Article may be waived
only in cases where military necessity imperatively requires such a waiver.
3. The High Contracting Parties further undertake to prohibit, prevent and, if
necessary, put a stop to any form of theft, pillage or misappropriation of, and
any acts of vandalism directed against, cultural property. They shall refrain
PROTECTION OF CULTURAL PROPERTY 351

from requisitioning movable cultural property situated in the territory of


another High Contracting Party.
4. They shall refrain from any act directed by way of reprisals against cultural
property.
5. No High Contracting Party may evade the obligations incumbent upon it under
the present Article, in respect of another High Contracting Party, by reason of
the fact that the latter has not applied the measures of safeguard referred to in
Article 3.

ARTICLE 5
Occupation
1. Any High Contracting Party in occupation of the whole or part of the territory
of another High Contracting Party shall as far as possible support the
competent national authorities of the occupied country in safeguarding and
preserving its cultural property.
2. Should it prove necessary to take measures to preserve cultural property
situated in occupied territory and damaged by military operations, and should
the competent national authorities be unable to take such measures, the
Occupying Power shall, as far as possible, and in close co-operation with such
authorities, take the most necessary measures of preservation.
3. Any High Contracting Party whose government is considered their legitimate
government by members of a resistance movement, shall, if possible, draw their
attention to the obligation to comply with those provisions of the Convention
dealing with respect for cultural property.

ARTICLE 6
Distinctive Marking of Cultural Property
In accordance with the provisions of Article 16, cultural property may bear a
distinctive emblem so as to facilitate its recognition.

ARTICLE 7
Military Measures
1. The High Contracting Parties undertake to introduce in time of peace into their
military regulations or instructions such provisions as may ensure observance
of the present Convention, and to foster in the members of their armed forces a
spirit of respect for the culture and cultural property of all peoples.
2. The High Contracting Parties undertake to plan or establish in peacetime,
within their armed forces, services or specialist personnel whose purpose will
352 THE HAGUE CONVENTION OF 1954

be to secure respect for cultural property and to co-operate with the civilian
authorities responsible for safeguarding it.

CHAPTER II

SPECIAL PROTECTION

ARTICLE 8
Granting of Special Protection
1. There may be placed under special protection a limited number of refuges
intended to shelter movable cultural property in the event of armed conflict, of
centres containing monuments and other immovable cultural property of very
great importance, provided that they:
a) are situated at an adequate distance from any large industrial centre or from
any important military objective constituting a vulnerable point, such as, for
example, an aerodrome, broadcasting station, establishment engaged upon
work of national defence, a port or railway station of relative importance or
a main line of communication;
b) are not used for military purposes.
2. A refuge for movable cultural property may also be placed under special
protection, whatever its location, if it is so constructed that, in all probability, it
will not be damaged by bombs.
3. A centre containing monuments shall be deemed to be used for military
purposes whenever it is used for the movement of military personnel or
material, even in transit. The same shall apply whenever activities directly
connected with military operations, the stationing of military personnel, or the
production of war material are carried on within the centre.
4. The guarding of cultural property mentioned in paragraph 1 above by armed
custodians specially empowered to do so, or the presence, in the vicinity of such
cultural property, of police forces normally responsible for the maintenance of
public order, shall not be deemed to be used for military purposes.
5. If any cultural property mentioned in paragraph 1 of the present Article is
situated near an important military objective as defined in the said paragraph,
it may nevertheless be placed under special protection if the High Contracting
Party asking for that protection undertakes, in the event of armed conflict, to
make no use of the objective and particularly, in the case of a port, railway
station or aerodrome, to divert all traffic therefrom. In that event, such diversion
shall be prepared in time of peace.
PROTECTION OF CULTURAL PROPERTY 353

6. Special protection is granted to cultural property by its entry in the


International Register of Cultural Property under Special Protection. This
entry shall only be made, in accordance with the provisions of the present
Convention and under the conditions provided for in the Regulations for the
execution of the Convention.

ARTICLE 9
Immunity of Cultural Property under Special Protection
The High Contracting Parties undertake to ensure the immunity of cultural
property under special protection by refraining, from the time of entry in the
International Register, from any act of hostility directed against such property and,
except for the cases provided for in paragraph 5 of Article 8, from any use of such
property or its surroundings for military purposes.

ARTICLE 10
Identification and Control
During an armed conflict, cultural property under special protection shall be
marked with the distinctive emblem described in Article 16, and shall be open to
international control as provided for in the Regulations for the execution of the
Convention.

ARTICLE 11
Withdrawal of Immunity
1. If one of the High Contracting Parties commits, in respect of any item of
cultural property under special protection, a violation of the obligations under
Article 9, the opposing Party shall, so long as this violation persists, be released
from the obligation to ensure the immunity of the property concerned.
Nevertheless, whenever possible, the latter Party shall first request the cessation
of such violation within a reasonable time.
2. Apart from the case provided for in paragraph 1 of the present Article,
immunity shall be withdrawn from cultural property under special protection
only in exceptional cases of unavoidable military necessity, and only for such
time as that necessity continues. Such necessity can be established only by the
officer commanding a force the equivalent of a division in size or larger.
Whenever circumstances permit, the opposing Party shall be notified, a
reasonable time in advance, of the decision to withdraw immunity.
3. The Party withdrawing immunity shall, as soon as possible, so inform the
Commissioner-General for Cultural Property provided for in the Regulations
for the Execution of the Convention, in writing, stating the reasons.
354 THE HAGUE CONVENTION OF 1954

CHAPTER III

TRANSPORT OF CULTURAL PROPERTY

ARTICLE 12
Transport under Special Protection
1. Transport exclusively engaged in the transfer of cultural property, whether within
a territory or to another territory, may, at the request of the High Contracting
Party concerned, take place under special protection in accordance with the
conditions specified in the Regulations for the execution of the Convention.
2. Transport under special protection shall take place under the international
supervision provided for in the aforesaid Regulations and shall display the
distinctive emblem described in Article 16.
3. The High Contracting Parties shall refrain from any act of hostility directed
against transport under special protection.

ARTICLE 13
Transport in Urgent Cases
1. If a High Contracting Party considers that the safety of certain cultural property
requires its transfer and that the matter is of such urgency that the procedure laid
down in Article 12 cannot be followed, especially at the beginning of an armed
conflict, the transport may display the distinctive emblem described in
Article 16, provided that an application for immunity referred to in Article 12 has
not already been made and refused. As far as possible, notification of transfer
should be made to the opposing Parties. Nevertheless, transport conveying
cultural property to the territory of another country may not display the
distinctive emblem unless immunity has been expressly granted to it.
2. The High Contracting Parties shall take, so far as possible, the necessary
precautions to avoid acts of hostility directed against the transport described in
paragraph 1 of the present Article and displaying the distinctive emblem.

ARTICLE 14
Immunity from Seizure, Capture and Prize
1. Immunity from seizure, placing in prize, or capture shall be granted to:
a) cultural property enjoying the protection provided for in Article 12 or that
provided for in Article 13;
b) the means of transport exclusively engaged in the transfer of such cultural
property.
2. Nothing in the present Article shall limit the right of visit and search.
PROTECTION OF CULTURAL PROPERTY 355

CHAPTER IV

PERSONNEL

ARTICLE 15
Personnel
As far as is consistent with the interests of security, personnel engaged in the
protection of cultural property shall, in the interests of such property, be respected
and, if they fall into the hands of the opposing Party, shall be allowed to continue
to carry out their duties whenever the cultural property for which they are
responsible has also fallen into the hands of the opposing Party.

CHAPTER V

THE DISTINCTIVE EMBLEM

ARTICLE 16
Emblem of the Convention
1. The distinctive emblem of the Convention shall take the form of a shield,
pointed below, per saltire blue and white (a shield consisting of a royal-blue
square, one of the angles of which forms the point of the shield, and of a royal-
blue triangle above the square, the space on either side being taken up by a white
triangle).
2. The emblem shall be used alone, or repeated three times in a triangular
formation (one shield below), under the conditions provided for in Article 17.

ARTICLE 17
Use of the Emblem
1. The distinctive emblem repeated three times may be used only as a means of
identification of:
a) immovable cultural property under special protection;
b) the transport of cultural property under the conditions provided for in
Articles 12 and 13;
c) improvised refuges, under the conditions provided for in the Regulations for
the execution of the Convention.
356 THE HAGUE CONVENTION OF 1954

2. The distinctive emblem may be used alone only as a means of identification of:
a) cultural property not under special protection;
b) the persons responsible for the duties of control in accordance with the
Regulations for the execution of the Convention;
c) the personnel engaged in the protection of cultural property;
d) the identity cards mentioned in the Regulations for the execution of the
Convention.
3. During an armed conflict, the use of the distinctive emblem in any other cases
than those mentioned in the preceding paragraph of the present Article, and the
use for any purpose whatever of a sign resembling the distinctive emblem, shall
be forbidden.
4. The distinctive emblem may not be placed on any immovable cultural property
unless at the same time there is displayed an authorization duly dated and
signed by the competent authority of the High Contracting Party.

CHAPTER VI

SCOPE OF APPLICATION OF THE CONVENTION

ARTICLE 18
Application of the Convention
1. Apart from the provisions which shall take effect in time of peace, the present
Convention shall apply in the event of declared war or of any other armed
conflict which may arise between two or more of the High Contracting Parties,
even if the state of war is not recognized by one or more of them.
2. The Convention shall also apply to all cases of partial or total occupation of the
territory of a High Contracting Party, even if the said occupation meets with no
armed resistance.
3. If one of the Powers in conflict is not a Party to the present Convention, the
Powers which are Parties thereto shall nevertheless remain bound by it in their
mutual relations. They shall furthermore be bound by the Convention, in
relation to the said Power, if the latter has declared that it accepts the provisions
thereof and so long as it applies them.
PROTECTION OF CULTURAL PROPERTY 357

ARTICLE 19
Conflicts not of an International Character
1. In the event of an armed conflict not of an international character occurring
within the territory of one of the High Contracting Parties, each Party to the
conflict shall be bound to apply, as a minimum, the provisions of the present
Convention which relate to respect for cultural property.
2. The Parties to the conflict shall endeavour to bring into force, by means of special
agreements, all or part of the other provisions of the present Convention.
3. The United Nations Educational, Scientific and Cultural Organization may offer
its services to the Parties to the conflict.
4. The application of the preceding provisions shall not affect the legal status of
the Parties to the conflict.

CHAPTER VII

EXECUTION OF THE CONVENTION

ARTICLE 20
Regulations for the Execution of the Convention

The procedure by which the present Convention is to be applied is defined in the


Regulations for its execution, which constitute an integral part thereof.

ARTICLE 21
Protecting Powers

The present Convention and the Regulations for its execution shall be applied
with the co-operation of the Protecting Powers responsible for safeguarding the
interests of the Parties to the conflict.

ARTICLE 22
Conciliation Procedure
1. The Protecting Powers shall lend their good offices in all cases where they may
deem it useful in the interests of cultural property, particularly if there is disagree-
ment between the Parties to the conflict as to the application or interpretation of
the provisions of the present Convention or the Regulations for its execution.
358 THE HAGUE CONVENTION OF 1954

2. For this purpose, each of the Protecting Powers may, either at the invitation of
one Party, of the Director-General of the United Nations Educational, Scientific
and Cultural Organization, or on its own initiative, propose to the Parties to the
conflict a meeting of their representatives, and in particular of the authorities
responsible for the protection of cultural property, if considered appropriate on
suitably chosen neutral territory. The Parties to the conflict shall be bound to
give effect to the proposals for meeting made to them. The Protecting Powers
shall propose for approval by the Parties to the conflict a person belonging to a
neutral Power or a person presented by the Director-General of the United
Nations Educational, Scientific and Cultural Organization, which person shall
be invited to take part in such a meeting in the capacity of Chairman.

ARTICLE 23
Assistance of UNESCO
1. The High Contracting Parties may call upon the United Nations Educational,
Scientific and Cultural Organization for technical assistance in organizing the
protection of their cultural property, or in connexion with any other problem
arising out of the application of the present Convention or the Regulations for
its execution. The Organization shall accord such assistance within the limits
fixed by its programme and by its resources.
2. The Organization is authorized to make, on its own initiative, proposals on this
matter to the High Contracting Parties.

ARTICLE 24
Special Agreements
1. The High Contracting Parties may conclude special agreements for all matters
concerning which they deem it suitable to make separate provision.
2. No special agreement may be concluded which would diminish the protection
afforded by the present Convention to cultural property and to the personnel
engaged in its protection.

ARTICLE 25
Dissemination of the Convention
The High Contracting Parties undertake, in time of peace as in time of armed
conflict, to disseminate the text of the present Convention and the Regulations for its
execution as widely as possible in their respective countries. They undertake, in par-
ticular, to include the study thereof in their programmes of military and, if possible,
civilian training, so that its principles are made known to the whole population, espe-
cially the armed forces and personnel engaged in the protection of cultural property.
PROTECTION OF CULTURAL PROPERTY 359

ARTICLE 26
Translations, Reports
1. The High Contracting Parties shall communicate to one another, through the
Director-General of the United Nations Educational, Scientific and Cultural
Organization, the official translations of the present Convention and of the
Regulations for its execution.
2. Furthermore, at least once every four years, they shall forward to the Director-
General a report giving whatever information they think suitable concerning
any measures being taken, prepared or contemplated by their respective
administrations in fulfilment of the present Convention and of the Regulations
for its execution.

ARTICLE 27
Meetings
1. The Director-General of the United Nations Educational, Scientific and
Cultural Organization may, with the approval of the Executive Board, convene
meetings of representatives of the High Contracting Parties. He must convene
such a meeting if at least one-fifth of the High Contracting Parties so request.
2. Without prejudice to any other functions which have been conferred on it by
the present Convention or the Regulations for its execution, the purpose of the
meeting will be to study problems concerning the application of the
Convention and of the Regulations for its execution, and to formulate
recommendations in respect thereof.
3. The meeting may further undertake a revision of the Convention or the
Regulations for its execution if the majority of the High Contracting Parties are
represented, and in accordance with the provisions of Article 39.

ARTICLE 28
Sanctions
The High Contracting Parties undertake to take, within the framework of their
ordinary criminal jurisdiction, all necessary steps to prosecute and impose penal or
disciplinary sanctions upon those persons, of whatever nationality, who commit or
order to be committed a breach of the present Convention.
360 THE HAGUE CONVENTION OF 1954

FINAL PROVISIONS

ARTICLE 29
Languages
1. The present Convention is drawn up in English, French, Russian and Spanish,
the four texts being equally authoritative.
2. The United Nations Educational, Scientific and Cultural Organization shall
arrange for translations of the Convention into the other official languages of its
General Conference.

ARTICLE 30
Signature
The present Convention shall bear the date of 14 May 1954 and, until the date of
31 December 1954, shall remain open for signature by all States invited to the
Conference which met at The Hague from 21 April 1954 to 14 May 1954.

ARTICLE 31
Ratification
1. The present Convention shall be subject to ratification by signatory States in
accordance with their respective constitutional procedures.
2. The instruments of ratification shall be deposited with the Director-General of
the United Nations Educational, Scientific and Cultural Organization.

ARTICLE 32
Accession
From the date of its entry into force, the present Convention shall be open for
accession by all States mentioned in Article 30 which have not signed it, as well as
any other State invited to accede by the Executive Board of the United Nations
Educational, Scientific and Cultural Organization. Accession shall be effected by
the deposit of an instrument of accession with the Director-General of the United
Nations Educational, Scientific and Cultural Organization.

ARTICLE 33
Entry into Force
1. The present Convention shall enter into force three months after five
instruments of ratification have been deposited.
PROTECTION OF CULTURAL PROPERTY 361

2. Thereafter, it shall enter into force, for each High Contracting Party, three
months after the deposit of its instrument of ratification or accession.
3. The situations referred to in Articles 18 and 19 shall give immediate effect to
ratifications or accessions deposited by the Parties to the conflict either before or
after the beginning of hostilities or occupation. In such cases the Director-General
of the United Nations Educational, Scientific and Cultural Organization shall
transmit the communications referred to in Article 38 by the speediest method.

ARTICLE 34
Effective Application
1. Each State Party to the Convention on the date of its entry into force shall take
all necessary measures to ensure its effective application within a period of six
months after such entry into force.
2. This period shall be six months from the date of deposit of the instruments of
ratification or accession for any State which deposits its instrument of
ratification or accession after the date of the entry into force of the Convention.

ARTICLE 35
Territorial Extension of the Convention
Any High Contracting Party may, at the time of ratification or accession, or at
any time thereafter, declare by notification addressed to the Director-General of the
United Nations Educational, Scientific and Cultural Organization, that the present
Convention shall extend to all or any of the territories for whose international
relations it is responsible. The said notification shall take effect three months after
the date of its receipt.

ARTICLE 36
Relation to Previous Conventions
1. In the relations between Powers which are bound by the Conventions of The
Hague concerning the Laws and Customs of War on Land (IV) and concerning
Naval Bombardment in Time of War (IX), whether those of 29 July 1899 or
those of 18 October 1907, and which are Parties to the present Convention, this
last Convention shall be supplementary to the aforementioned Convention (IV)
and shall substitute for the emblem described in Article 5 of the aforementioned
Convention (IX) the emblem described in Article 16 of the present Convention,
in cases in which the present Convention and the Regulations for its execution
provide for the use of this distinctive emblem.
2. In the relations between Powers which are bound by the Washington Pact of
15 April 1935 for the Protection of Artistic and Scientific Institutions and of
362 THE HAGUE CONVENTION OF 1954

Historic Monuments (Roerich Pact) and which are Parties to the present
Convention, the latter Convention shall be supplementary to the Roerich Pact
and shall substitute for the distinguishing flag described in Article III of the Pact
the emblem defined in Article 16 of the present Convention, in cases in which
the present Convention and the Regulations for its execution provide for the use
of this distinctive emblem.

ARTICLE 37
Denunciation
1. Each High Contracting Party may denounce the present Convention, on its
own behalf, or on behalf of any territory for whose international relations it is
responsible.
2. The denunciation shall be notified by an instrument in writing, deposited with
the Director-General of the United Nations Educational, Scientific and Cultural
Organization.
3. The denunciation shall take effect one year after the receipt of the instrument of
denunciation. However, if, on the expiry of this period, the denouncing Party is
involved in an armed conflict, the denunciation shall not take effect until the
end of hostilities, or until the operations of repatriating cultural property are
completed, whichever is the later.

ARTICLE 38
Notifications
The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall inform the States referred to in Articles 30 and 32, as well as the
United Nations, of the deposit of all the instruments of ratification, accession or
acceptance provided for in Articles 31, 32 and 39 and of the notifications and
denunciations provided for respectively in Articles 35, 37 and 39.

ARTICLE 39
Revision of the Convention and of the Regulations for its Execution
1. Any High Contracting Party may propose amendments to the present Convention
or the Regulations for its execution. The text of any proposed amendment shall be
communicated to the Director-General of the United Nations Educational,
Scientific and Cultural Organization who shall transmit it to each High Contracting
Party with the request that such Party reply within four months stating whether it:
a) desires that a Conference be convened to consider the proposed amendment;
b) favours the acceptance of the proposed amendment without a Conference; or
c) favours the rejection of the proposed amendment without a Conference.
PROTECTION OF CULTURAL PROPERTY 363

2. The Director-General shall transmit the replies, received under paragraph 1 of


the present Article, to all High Contracting Parties.
3. If all the High Contracting Parties which have, within the prescribed time-limit,
stated their views to the Director-General of the United Nations Educational,
Scientific and Cultural Organization, pursuant to paragraph 1 b) of this Article,
inform him that they favour acceptance of the amendment without a
Conference, notification of their decision shall be made by the Director-
General in accordance with Article 38. The amendment shall become effective
for all the High Contracting Parties on the expiry of ninety days from the date
of such notification.
4. The Director-General shall convene a Conference of the High Contracting
Parties to consider the proposed amendment if requested to do so by more than
one-third of the High Contracting Parties.
5. Amendments to the Convention or to the Regulations for its execution, dealt
with under the provisions of the preceding paragraph, shall enter into force only
after they have been unanimously adopted by the High Contracting Parties
represented at the Conference and accepted by each of the High Contracting
Parties.
6. Acceptance by the High Contracting Parties of amendments to the Convention
or to the Regulations for its execution, which have been adopted by the
Conference mentioned in paragraphs 4 and 5, shall be effected by the deposit of
a formal instrument with the Director-General of the United Nations
Educational, Scientific and Cultural Organization.
7. After the entry into force of amendments to the present Convention or to the
Regulations for its execution, only the text of the Convention or of the
Regulations for its execution thus amended shall remain open for ratification or
accession.

ARTICLE 40
Registration
In accordance with Article 102 of the Charter of the United Nations, the present
Convention shall be registered with the Secretariat of the United Nations at the
request of the Director-General of the United Nations Educational, Scientific and
Cultural Organization.
In faith whereof, the undersigned, duly authorized, have signed the present
Convention.
Done at The Hague, this fourteenth day of May 1954, in a single copy which shall
be deposited in the archives of the United Nations Educational, Scientific and
Cultural Organization, and certified true copies of which shall be delivered to all
the States referred to in Articles 30 and 32 as well as to the United Nations.
VII
REGULATIONS FOR THE EXECUTION
OF THE HAGUE CONVENTION OF 14 MAY 1954
FOR THE PROTECTION OF CULTURAL PROPERTY
IN THE EVENT OF ARMED CONFLICT

CHAPTER I

CONTROL

ARTICLE 1
International List of Persons
On the entry into force of the Convention, the Director-General of the United
Nations Educational, Scientific and Cultural Organization shall compile an
international list consisting of all persons nominated by the High Contracting
Parties as qualified to carry out the functions of Commissioner-General for
Cultural Property. On the initiative of the Director-General of the United Nations
Educational, Scientific and Cultural Organization, this list shall be periodically
revised on the basis of requests formulated by the High Contracting Parties.

ARTICLE 2
Organization of Control
As soon as any High Contracting Party is engaged in an armed conflict to which
Article 18 of the Convention applies:
a) It shall appoint a representative for cultural property situated in its territory;
if it is in occupation of another territory, it shall appoint a special
representative for cultural property situated in that territory.
b) The Protecting Power acting for each of the Parties in conflict with such
High Contracting Party shall appoint delegates accredited to the latter in
conformity with Article 3 below.
c) A Commissioner-General for Cultural Property shall be appointed to such
High Contracting Party in accordance with Article 4.
REGULATIONS FOR THE EXECUTION OF THE CONVENTION 365

ARTICLE 3
Appointment of Delegates of Protecting Powers
The Protecting Power shall appoint its delegates from among the members of its
diplomatic or consular staff or, with the approval of the Party to which they will be
accredited, from among other persons.

ARTICLE 4
Appointment of the Commissioner-General
1. The Commissioner-General for Cultural Property shall be chosen from the
international list of persons by joint agreement between the Party to which he will
be accredited and the Protecting Powers acting on behalf of the opposing Parties.
2. Should the Parties fail to reach agreement within three weeks from the
beginning of their discussions on this point, they shall request the President of
the International Court of Justice to appoint the Commissioner-General, who
shall not take up his duties until the Party to which he is accredited has
approved his appointment.

ARTICLE 5
Functions of Delegates
The delegates of the Protecting Powers shall take note of violations of the
Convention, investigate, with the approval of the Party to which they are
accredited, the circumstances in which they have occurred, make representations
locally to secure their cessation and, if necessary, notify the Commissioner-General
of such violations. They shall keep him informed of their activities.

ARTICLE 6
Functions of the Commissioner-General
1. The Commissioner-General for Cultural Property shall deal with all matters
referred to him in connexion with the application of the Convention, in
conjunction with the representative of the Party to which he is accredited and
with the delegates concerned.
2. He shall have powers of decision and appointment in the cases specified in the
present Regulations.
3. With the agreement of the Party to which he is accredited, he shall have the right
to order an investigation or to conduct it himself.
4. He shall make any representations to the Parties to the conflict or to their
Protecting Powers which he deems useful for the application of the Convention.
366 THE HAGUE CONVENTION OF 1954

5. He shall draw up such reports as may be necessary on the application of the


Convention and communicate them to the Parties concerned and to their
Protecting Powers. He shall send copies to the Director-General of the United
Nations Educational, Scientific and Cultural Organization, who may make use
only of their technical contents.
6. If there is no Protecting Power, the Commissioner-General shall exercise the
functions of the Protecting Power as laid down in Articles 21 and 22 of the
Convention.

ARTICLE 7
Inspectors and Experts
1. Whenever the Commissioner-General for Cultural Property considers it
necessary, either at the request of the delegates concerned or after consultation
with them, he shall propose, for the approval of the Party to which he is
accredited, an inspector of cultural property to be charged with a specific
mission. An inspector shall be responsible only to the Commissioner-General.
2. The Commissioner-General, delegates and inspectors may have recourse to the
services of experts, who will also be proposed for the approval of the Party
mentioned in the preceding paragraph.

ARTICLE 8
Discharge of the Mission of Control
The Commissioners-General for Cultural Property, delegates of the Protecting
Powers, inspectors and experts shall in no case exceed their mandates. In
particular, they shall take account of the security needs of the High Contracting
Party to which they are accredited and shall in all circumstances act in accordance
with the requirements of the military situation as communicated to them by that
High Contracting Party.

ARTICLE 9
Substitutes for Protecting Powers
If a Party to the conflict does not benefit or ceases to benefit from the activities
of a Protecting Power, a neutral State may be asked to undertake those functions of
a Protecting Power which concern the appointment of a Commissioner-General
for Cultural Property in accordance with the procedure laid down in Article 4
above. The Commissioner-General thus appointed shall, if need be, entrust to
inspectors the functions of delegates of Protecting Powers as specified in the
present Regulations.
REGULATIONS FOR THE EXECUTION OF THE CONVENTION 367

ARTICLE 10
Expenses
The remuneration and expenses of the Commissioner-General for Cultural
Property, inspectors and experts shall be met by the Party to which they are
accredited. Remuneration and expenses of delegates of the Protecting Powers shall
be subject to agreement between those Powers and the States whose interests they
are safeguarding.

CHAPTER II

SPECIAL PROTECTION

ARTICLE 11
Improvised Refuges
1. If, during an armed conflict, any High Contracting Party is induced by
unforeseen circumstances to set up an improvised refuge and desires that it
should be placed under special protection, it shall communicate this fact
forthwith to the Commissioner-General accredited to that Party.
2. If the Commissioner-General considers that such a measure is justified by the
circumstances and by the importance of the cultural property sheltered in this
improvised refuge, he may authorize the High Contracting Party to display on
such refuge the distinctive emblem defined in Article 16 of the Convention. He
shall communicate his decision without delay to the delegates of the Protecting
Powers who are concerned, each of whom may, within a time-limit of 30 days,
order the immediate withdrawal of the emblem.
3. As soon as such delegates have signified their agreement or if the time-limit of
30 days has passed without any of the delegates concerned having made an
objection, and if, in the view of the Commissioner-General, the refuge fulfils the
conditions laid down in Article 8 of the Convention, the Commissioner-
General shall request the Director-General of the United Nations Educational,
Scientific and Cultural Organization to enter the refuge in the Register of
Cultural Property under Special Protection.

ARTICLE 12
International Register of Cultural Property under Special Protection
1. An International Register of Cultural Property under Special Protection shall
be prepared.
368 THE HAGUE CONVENTION OF 1954

2. The Director-General of the United Nations Educational, Scientific and


Cultural Organization shall maintain this Register. He shall furnish copies to the
Secretary-General of the United Nations and to the High Contracting Parties.
3. The Register shall be divided into sections, each in the name of a High
Contracting Party. Each section shall be sub-divided into three paragraphs,
headed: Refuges, Centres containing Monuments, Other Immovable Cultural
Property. The Director-General shall determine what details each section shall
contain.

ARTICLE 13
Requests for Registration
1. Any High Contracting Party may submit to the Director-General of the
United Nations Educational, Scientific and Cultural Organization an
application for the entry in the Register of certain refuges, centres
containing monuments or other immovable cultural property situated
within its territory. Such application shall contain a description of the
location of such property and shall certify that the property complies with
the provisions of Article 8 of the Convention.
2. In the event of occupation, the Occupying Power shall be competent to
make such application.
3. The Director-General of the United Nations Educational, Scientific and
Cultural Organization shall, without delay, send copies of applications for
registration to each of the High Contracting Parties.

ARTICLE 14
Objections
1. Any High Contracting Party may, by letter addressed to the Director-General of
the United Nations Educational, Scientific and Cultural Organization, lodge an
objection to the registration of cultural property. This letter must be received by
him within four months of the day on which he sent a copy of the application
for registration.
2. Such objection shall state the reasons giving rise to it, the only valid grounds
being that:
a) the property is not cultural property;
b) the property does not comply with the conditions mentioned in Article 8 of
the Convention.
3. The Director-General shall send a copy of the letter of objection to the High
Contracting Parties without delay. He shall, if necessary, seek the advice of the
International Committee on Monuments, Artistic and Historical Sites and
REGULATIONS FOR THE EXECUTION OF THE CONVENTION 369

Archaeological Excavations and also, if he thinks fit, of any other competent


organization or person.
4. The Director-General, or the High Contracting Party requesting registration,
may make whatever representations they deem necessary to the High
Contracting Parties which lodged the objection, with a view to causing the
objection to be withdrawn.
5. If a High Contracting Party which has made an application for registration in
time of peace becomes involved in an armed conflict before the entry has been
made, the cultural property concerned shall at once be provisionally entered in
the Register, by the Director-General, pending the confirmation, withdrawal or
cancellation of any objection that may be, or may have been, made.
6. If, within a period of six months from the date of receipt of the letter of
objection, the Director-General has not received from the High Contracting
Party lodging the objection a communication stating that it has been
withdrawn, the High Contracting Party applying for registration may request
arbitration in accordance with the procedure in the following paragraph.
7. The request for arbitration shall not be made more than one year after the date
of receipt by the Director-General of the letter of objection. Each of the two
Parties to the dispute shall appoint an arbitrator.When more than one objection
has been lodged against an application for registration, the High Contracting
Parties which have lodged the objections shall, by common consent, appoint a
single arbitrator. These two arbitrators shall select a chief arbitrator from the
international list mentioned in Article 1 of the present Regulations. If such
arbitrators cannot agree upon their choice, they shall ask the President of the
International Court of Justice to appoint a chief arbitrator who need not
necessarily be chosen from the international list. The arbitral tribunal thus
constituted shall fix its own procedure. There shall be no appeal from its
decisions.
8. Each of the High Contracting Parties may declare, whenever a dispute to which
it is a Party arises, that it does not wish to apply the arbitration procedure
provided for in the preceding paragraph. In such cases, the objection to an
application for registration shall be submitted by the Director-General to the
High Contracting Parties. The objection will be confirmed only if the High
Contracting Parties so decide by a two-thirds majority of the High Contracting
Parties voting. The vote shall be taken by correspondence, unless the Director-
General of the United Nations Educational, Scientific and Cultural
Organization deems it essential to convene a meeting under the powers
conferred upon him by Article 27 of the Convention. If the Director-General
decides to proceed with the vote by correspondence, he shall invite the High
Contracting Parties to transmit their votes by sealed letter within six months
from the day on which they were invited to do so.
370 THE HAGUE CONVENTION OF 1954

ARTICLE 15
Registration
1. The Director-General of the United Nations Educational, Scientific and
Cultural Organization shall cause to be entered in the Register, under a serial
number, each item of property for which application for registration is made,
provided that he has not received an objection within the time-limit prescribed
in paragraph 1 of Article 14.
2. If an objection has been lodged, and without prejudice to the provision of
paragraph 5 of Article 14, the Director-General shall enter property in the
Register only if the objection has been withdrawn or has failed to be confirmed
following the procedures laid down in either paragraph 7 or paragraph 8 of
Article 14.
3. Whenever paragraph 3 of Article 11 applies, the Director-General shall enter
property in the Register if so requested by the Commissioner-General for
Cultural Property.
4. The Director-General shall send without delay to the Secretary-General of the
United Nations, to the High Contracting Parties, and, at the request of the Party
applying for registration, to all other States referred to in Articles 30 and 32 of
the Convention, a certified copy of each entry in the Register. Entries shall
become effective thirty days after dispatch of such copies.

ARTICLE 16
Cancellation
1. The Director-General of the United Nations Educational, Scientific and
Cultural Organization shall cause the registration of any property to be
cancelled:
a) at the request of the High Contracting Party within whose territory the
cultural property is situated;
b) if the High Contracting Party which requested registration has denounced
the Convention, and when that denunciation has taken effect;
c) in the special case provided for in Article 14, paragraph 5, when an objection
has been confirmed following the procedures mentioned either in
paragraph 7 or in paragraph 8 of Article 14.
2. The Director-General shall send without delay, to the Secretary-General of the
United Nations and to all States which received a copy of the entry in the
Register, a certified copy of its cancellation. Cancellation shall take effect thirty
days after the dispatch of such copies.
REGULATIONS FOR THE EXECUTION OF THE CONVENTION 371

CHAPTER III

TRANSPORT OF CULTURAL PROPERTY

ARTICLE 17
Procedure to Obtain Immunity
1. The request mentioned in paragraph 1 of Article 12 of the Convention shall be
addressed to the Commissioner-General for Cultural Property. It shall mention
the reasons on which it is based and specify the approximate number and the
importance of the objects to be transferred, their present location, the location
now envisaged, the means of transport to be used, the route to be followed, the
date proposed for the transfer, and any other relevant information.
2. If the Commissioner-General, after taking such opinions as he deems fit,
considers that such transfer is justified, he shall consult those delegates of the
Protecting Powers who are concerned, on the measures proposed for carrying
it out. Following such consultation, he shall notify the Parties to the conflict
concerned of the transfer, including in such notification all useful information.
3. The Commissioner-General shall appoint one or more inspectors, who shall
satisfy themselves that only the property stated in the request is to be
transferred and that the transport is to be by the approved methods and bears
the distinctive emblem. The inspector or inspectors shall accompany the
property to its destination.

ARTICLE 18
Transport Abroad
Where the transfer under special protection is to the territory of another
country, it shall be governed not only by Article 12 of the Convention and by
Article 17 of the present Regulations, but by the following further provisions:
a) while the cultural property remains on the territory of another State, that
State shall be its depositary and shall extend to it as great a measure of care
as that which it bestows upon its own cultural property of comparable
importance;
b) the depositary State shall return the property only on the cessation of the
conflict; such return shall be effected within six months from the date on
which it was requested;
c) during the various transfer operations, and while it remains on the territory
of another State, the cultural property shall be exempt from confiscation
and may not be disposed of either by the depositor or by the depositary.
Nevertheless, when the safety of the property requires it, the depositary may,
with the assent of the depositor, have the property transported to the
372 THE HAGUE CONVENTION OF 1954

territory of a third country, under the conditions laid down in the present
article;
d) the request for special protection shall indicate that the State to whose
territory the property is to be transferred accepts the provisions of the
present Article.

ARTICLE 19
Occupied Territory
Whenever a High Contracting Party occupying territory of another High
Contracting Party transfers cultural property to a refuge situated elsewhere in that
territory, without being able to follow the procedure provided for in Article 17 of
the Regulations, the transfer in question shall not be regarded as misappropriation
within the meaning of Article 4 of the Convention, provided that the
Commissioner-General for Cultural Property certifies in writing, after having
consulted the usual custodians, that such transfer was rendered necessary by
circumstances.

CHAPTER IV

THE DISTINCTIVE EMBLEM

ARTICLE 20
Affixing of the Emblem
1. The placing of the distinctive emblem and its degree of visibility shall be left to
the discretion of the competent authorities of each High Contracting Party. It
may be displayed on flags or armlets; it may be painted on an object or
represented in any other appropriate form.
2. However, without prejudice to any possible fuller markings, the emblem shall,
in the event of armed conflict and in the cases mentioned in Articles 12 and 13
of the Convention, be placed on the vehicles of transport so as to be clearly
visible in daylight from the air as well as from the ground.
The emblem shall be visible from the ground:
a) at regular intervals sufficient to indicate clearly the perimeter of a centre
containing monuments under special protection;
b) at the entrance to other immovable cultural property under special protection.
REGULATIONS FOR THE EXECUTION OF THE CONVENTION 373

ARTICLE 21
Identification of Persons
1. The persons mentioned in Article 17, paragraph 2 b) and c) of the Convention
may wear an armlet bearing the distinctive emblem, issued and stamped by the
competent authorities.
2. Such persons shall carry a special identity card bearing the distinctive emblem.
This card shall mention at least the surname and first names, the date of birth,
the title or rank, and the function of the holder. The card shall bear the
photograph of the holder as well as his signature or his finger-prints, or both. It
shall bear the embossed stamp of the competent authorities.
3. Each High Contracting Party shall make out its own type of identity card,
guided by the model annexed, by way of example, to the present Regulations.
The High Contracting Parties shall transmit to each other a specimen of the
model they are using. Identity cards shall be made out, if possible, at least in
duplicate, one copy being kept by the issuing Power.
4. The said persons may not, without legitimate reason, be deprived of their
identity card or of the right to wear the armlet.
Front Reverse side

Photo
Signature of bearer or
of bearer finger-prints or both

IDENTITY CARD
for personnel engaged in the
protection of cultural property Embosssed
stamp
of authority
Surname .............................................................. issuing
card
First names..........................................................
Date of birth........................................................
Title or Rank ....................................................... Height Eyes Hair
Function ..............................................................

is the bearer of this card under the terms of the


Convention of The Hague, dated 14 May 1954, Other distinguishing marks
for the Protection of Cultural Property in the .............................................................................
event of Armed Conflict. .............................................................................
.............................................................................
Date of issue Number of Card
.............................................................................
.............................................................................
.................................... ...................................
VIII
PROTOCOL TO THE HAGUE CONVENTION OF 14 MAY 1954
FOR THE PROTECTION OF CULTURAL PROPERTY
IN THE EVENT OF ARMED CONFLICT

The High Contracting Parties are agreed as follows:

I
1. Each High Contracting Party undertakes to prevent the exportation, from a
territory occupied by it during an armed conflict, of cultural property as
defined in Article 1 of the Convention for the Protection of Cultural Property in
the Event of Armed Conflict, signed at The Hague on 14 May 1954.
2. Each High Contracting Party undertakes to take into its custody cultural property
imported into its territory either directly or indirectly from any occupied territory.
This shall either be effected automatically upon the importation of the property
or, failing this, at the request of the authorities of that territory.
3. Each High Contracting Party undertakes to return, at the close of hostilities, to
the competent authorities of the territory previously occupied, cultural
property which is in its territory, if such property has been exported in
contravention of the principle laid down in the first paragraph. Such property
shall never be retained as war reparations.
4. The High Contracting Party whose obligation it was to prevent the exportation
of cultural property from the territory occupied by it, shall pay an indemnity to
the holders in good faith of any cultural property which has to be returned in
accordance with the preceding paragraph.

II
5. Cultural property coming from the territory of a High Contracting Party and
deposited by it in the territory of another High Contracting Party for the
purpose of protecting such property against the dangers of an armed conflict,
shall be returned by the latter, at the end of hostilities, to the competent
authorities of the territory from which it came.

III
6. The present Protocol shall bear the date of 14 May 1954 and, until the date of
31 December 1954, shall remain open for signature by all States invited to the
Conference which met at The Hague from 21 April 1954 to 14 May 1954.
376 PROTOCOL OF THE HAGUE OF 1954

7. a) The present Protocol shall be subject to ratification by signatory States in


accordance with their respective constitutional procedures.
b) The instruments of ratification shall be deposited with the Director-General
of the United Nations Educational, Scientific and Cultural Organization.
8. From the date of its entry into force, the present Protocol shall be open for
accession by all States mentioned in paragraph 6 which have not signed it as
well as any other State invited to accede by the Executive Board of the United
Nations Educational, Scientific and Cultural Organization. Accession shall be
effected by the deposit of an instrument of accession with the Director-General
of the United Nations Educational, Scientific and Cultural Organization.
9. The States referred to in paragraphs 6 and 8 may declare, at the time of
signature, ratification or accession, that they will not be bound by the provisions
of Section I or by those of Section II of the present Protocol.
10. a) The present Protocol shall enter into force three months after five
instruments of ratification have been deposited.
b) Thereafter, it shall enter into force, for each High Contracting Party, three
months after the deposit of its instrument of ratification or accession.
c) The situations referred to in Articles 18 and 19 of the Convention for the
Protection of Cultural Property in the Event of Armed Conflict, signed at
The Hague on 14 May 1954, shall give immediate effect to ratifications and
accessions deposited by the Parties to the conflict either before or after the
beginning of hostilities or occupation. In such cases, the Director-General of
the United Nations Educational, Scientific and Cultural Organization shall
transmit the communications referred to in paragraph 14 by the speediest
method.
11. a) Each State Party to the Protocol on the date of its entry into force shall take
all necessary measures to ensure its effective application within a period of
six months after such entry into force.
b) This period shall be six months from the date of deposit of the instruments
of ratification or accession for any State which deposits its instrument of
ratification or accession after the date of the entry into force of the Protocol.
12. Any High Contracting Party may, at the time of ratification or accession, or at
any time thereafter, declare by notification addressed to the Director-General of
the United Nations Educational, Scientific and Cultural Organization, that the
present Protocol shall extend to all or any of the territories for whose
international relations it is responsible. The said notification shall take effect
three months after the date of its receipt.
13. a) Each High Contracting Party may denounce the present Protocol, on its
own behalf, or on behalf of any territory for whose international relations it
is responsible.
PROTECTION OF CULTURAL PROPERTY 377

b) The denunciation shall be notified by an instrument in writing, deposited


with the Director-General of the United Nations Educational, Scientific and
Cultural Organization.
c) The denunciation shall take effect one year after receipt of the instrument of
denunciation. However, if, on the expiry of this period, the denouncing
Party is involved in an armed conflict, the denunciation shall not take effect
until the end of hostilities, or until the operations of repatriating cultural
property are completed, whichever is the later.
14. The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall inform the States referred to in paragraphs 6 and 8, as well as
the United Nations, of the deposit of all the instruments of ratification, accession
or acceptance provided for in paragraphs 7, 8 and 15 and the notifications and
denunciations provided for respectively in paragraphs 12 and 13.
15. a) The present Protocol may be revised if revision is requested by more than
one-third of the High Contracting Parties.
b) The Director-General of the United Nations Educational, Scientific and
Cultural Organization shall convene a Conference for this purpose.
c) Amendments to the present Protocol shall enter into force only after they
have been unanimously adopted by the High Contracting Parties
represented at the Conference and accepted by each of the High Contracting
Parties.
d) Acceptance by the High Contracting Parties of amendments to the present
Protocol, which have been adopted by the Conference mentioned in sub-
paragraphs b) and c), shall be effected by the deposit of a formal instrument
with the Director-General of the United Nations Educational, Scientific and
Cultural Organization.
e) After the entry into force of amendments to the present Protocol, only the
text of the said Protocol thus amended shall remain open for ratification or
accession.
In accordance with Article 102 of the Charter of the United Nations, the present
Protocol shall be registered with the Secretariat of the United Nations at the request
of the Director-General of the United Nations Educational, Scientific and Cultural
Organization.
In faith whereof the undersigned, duly authorized, have signed the present
Protocol.
Done at The Hague, this fourteenth day of May 1954, in English, French, Russian
and Spanish, the four texts being equally authoritative, in a single copy which shall
be deposited in the archives of the United Nations Educational, Scientific and
Cultural Organization, and certified true copies of which shall be delivered to all
the States referred to in paragraphs 6 and 8 as well as to the United Nations.
IX
SECOND PROTOCOL TO THE HAGUE CONVENTION OF
14 MAY 1954 FOR THE PROTECTION OF CULTURAL PROPERTY
IN THE EVENT OF ARMED CONFLICT
The Hague, 26 March 1999

The Parties,
Conscious of the need to improve the protection of cultural property in the event
of armed conflict and to establish an enhanced system of protection for specifically
designated cultural property;
Reaffirming the importance of the provisions of the Convention for the
Protection of Cultural Property in the Event of Armed Conflict, done at The Hague
on 14 May 1954, and emphasizing the necessity to supplement these provisions
through measures to reinforce their implementation;
Desiring to provide the High Contracting Parties to the Convention with a
means of being more closely involved in the protection of cultural property in the
event of armed conflict by establishing appropriate procedures therefore;
Considering that the rules governing the protection of cultural property in the
event of armed conflict should reflect developments in international law;
Affirming that the rules of customary international law will continue to govern
questions not regulated by the provisions of this Protocol;
Have agreed as follows:

CHAPTER 1

INTRODUCTION

ARTICLE 1
Definitions
For the purposes of this Protocol:
a) Party means a State Party to this Protocol;
b) cultural property means cultural property as defined in Article 1 of the
Convention;
c) Convention means the Convention for the Protection of Cultural Property
in the Event of Armed Conflict, done at The Hague on 14 May 1954;
PROTECTION OF CULTURAL PROPERTY 379

d) High Contracting Party means a State Party to the Convention;


e) enhanced protection means the system of enhanced protection established
by Articles 10 and 11;
f) military objective means an object which by its nature, location, purpose,
or use makes an effective contribution to military action and whose total or
partial destruction, capture or neutralisation, in the circumstances ruling at
the time, offers a definite military advantage;
g) illicit means under compulsion or otherwise in violation of the applicable
rules of the domestic law of the occupied territory or of international law;
h) List means the international List of Cultural Property under Enhanced
Protection established in accordance with Article 27, sub-paragraph 1(b);
i) Director-General means the Director-General of UNESCO;
j) UNESCO means the United Nations Educational, Scientific and Cultural
Organization;
k) First Protocol means the Protocol for the Protection of Cultural Property
in the Event of Armed Conflict, done at The Hague on 14 May 1954.

ARTICLE 2
Relation to the Convention
This Protocol supplements the Convention in relations between the Parties.

ARTICLE 3
Scope of application
1. In addition to the provisions which shall apply in time of peace, this Protocol
shall apply in situations referred to in Article 18 paragraphs 1 and 2 of the
Convention and in Article 22 paragraph 1.
2. When one of the parties to an armed conflict is not bound by this Protocol, the
Parties to this Protocol shall remain bound by it in their mutual relations. They
shall furthermore be bound by this Protocol in relation to a State party to the
conflict which is not bound by it, if the later accepts the provisions of this
Protocol and so long as it applies them.

ARTICLE 4
Relationship between Chapter 3 and other provisions
of the Convention and this Protocol
The application of the provisions of Chapter 3 of this Protocol is without
prejudice to:
a) the application of the provisions of Chapter I of the Convention and of
Chapter 2 of this Protocol;
380 SECOND PROTOCOL OF THE HAGUE OF 1954

b) the application of the provisions of Chapter 2 of the Convention save that, as


between Parties to this Protocol or as between a Party and a State which
accepts and applies this Protocol in accordance with Article 3 paragraph 2,
where cultural property has been granted both special protection and
enhanced protection, only the provisions of enhanced protection shall apply.

CHAPTER 2

GENERAL PROVISIONS REGARDING PROTECTION

ARTICLE 5
Safeguarding of cultural property
Preparatory measures taken in peace for the safeguarding of cultural property
against the foreseeable effects of an armed conflict pursuant to Article 3 of the
Convention shall include, as appropriate, the preparation of inventories, the
planning of emergency measures for protection against fire or structural collapse,
the preparation for the removable or movable cultural property or the provision for
adequate in situ protection of such property, and the designation of competent
authorities responsible for the safeguarding of cultural property.

ARTICLE 6
Respect for cultural property
With the goal of ensuring respect for cultural property in accordance with
Article 4 of the Convention:
a) a waiver on the basis of imperative military necessity pursuant to Article 4
paragraph 2 of the Convention may only be invoked to direct an act of
hostility against cultural property when and for as long as:
i) that cultural property has, by its function, been made into a military
objective; and
ii) there is no feasible alternative available to obtain a similar military
advantage to that offered by directing an act of hostility against the
objective;
b) a waiver on the basis of imperative military necessity pursuant to Article 4
paragraph 2 of the Convention may only be invoked to use cultural property
for purposes which are likely to expose it to destruction or damage when and
for as long as no choice is possible between such use of the cultural property
and another feasible method for obtaining a similar military advantage;
PROTECTION OF CULTURAL PROPERTY 381

c) the decision to invoke imperative military necessity shall only be taken by an


officer commanding a force the equivalent of a battalion in size or larger, or
a force smaller in size where circumstances do not permit otherwise;
d) in case of an attack based on a decision taken in accordance with sub-
paragraph (a), an effective advance warning shall be given whenever
circumstances permit.

ARTICLE 7
Precautions in attack
Without prejudice to other precautions required by international humanitarian
law in the conduct of military operations, each Party to the conflict shall:
a) do everything feasible to verify that the objectives to be attacked are not
cultural property protected under Article 4 of the Convention;
b) take all feasible precautions in the choice of means and methods of attack
with a view to avoiding, and in any event to minimizing, incidental damage
to cultural property protected under Article 4 of the Convention;
c) refrain from deciding to launch any attack which may be expected to cause
incidental damage to cultural property protected under Article 4 of the
Convention which would be excessive in relation to the concrete and direct
military advantage anticipated; and
d) cancel or suspend an attack if it becomes apparent:
i) that the objective is cultural property protected under Article 4 of
the Convention;
ii) that the attack may be expected to cause incidental damage to
cultural property protected under Article 4 of the Convention
which would be excessive in relation to the concrete and direct
military advantage anticipated.

ARTICLE 8
Precautions against the effects of hostilities
The Parties to the conflict shall, to the maximum extent feasible:
a) remove movable cultural property from the vicinity of military objectives or
provide for adequate in situ protection;
b) avoid locating military objectives near cultural property.

ARTICLE 9
Protection of cultural property in occupied territory
1. Without prejudice to the provisions of Articles 4 and 5 of the Convention, a
Party in occupation of the whole or part of the territory of another Party shall
382 SECOND PROTOCOL OF THE HAGUE OF 1954

prohibit and prevent in relation to the occupied territory:


a) any illicit export, other removal or transfer of ownership of cultural
property;
b) any archaeological excavation, save where this is strictly required to
safeguard, record or preserve cultural property;
c) any alteration to, or change of use of, cultural property which is intended to
conceal or destroy cultural, historical or scientific evidence.
2. Any archaeological excavation of, alteration to, or change of use of, cultural
property in occupied territory shall, unless circumstances do not permit, be
carried out in close co-operation with the competent national authorities of the
occupied territory.

CHAPTER 3

ENHANCED PROTECTION

ARTICLE 10
Enhanced protection
Cultural property may be placed under enhanced protection provided that it
meets the following three conditions:
a) it is cultural heritage of the greatest importance for humanity;
b) it is protected by adequate domestic legal and administrative measures
recognising its exceptional cultural and historic value and ensuring the
highest level of protection;
c) it is not used for military purposes or to shield military sites and a
declaration has been made by the Party which has control over the cultural
property, confirming that it will not be so used.

ARTICLE 11
The granting of enhanced protection
1. Each Party should submit to the Committee a list of cultural property for which
it intends to request the granting of enhanced protection.
2. The Party which has jurisdiction or control over the cultural property may
request that it be included in the List to be established in accordance with
Article 27 sub-paragraph 1 (b). This request shall include all necessary
information related to the criteria mentioned in Article 10. The Committee may
invite a Party to request that cultural property be included in the List.
PROTECTION OF CULTURAL PROPERTY 383

3. Other Parties, the International Committee of the Blue Shield and other non-
governmental organisations with relevant expertise may recommend specific
cultural property to the Committee. In such cases, the Committee may decide
to invite a Party to request inclusion of that cultural property in the List.
4. Neither the request for inclusion of cultural property situated in a territory,
sovereignty or jurisdiction over which is claimed by more than one State, nor its
inclusion, shall in any way prejudice the rights of the parties to the dispute.
5. Upon receipt of a request for inclusion in the List, the Committee shall inform
all Parties of the request. Parties may submit representations regarding such a
request to the Committee within sixty days. These representations shall be
made only on the basis of the criteria mentioned in Article 10. They shall be
specific and related to facts. The Committee shall consider the representations,
providing the Party requesting inclusion with a reasonable opportunity to
respond before taking the decision. When such representations are before the
Committee, decisions for inclusion in the List shall be taken, notwithstanding
Article 26, by a majority of four-fifths of its members present and voting.
6. In deciding upon a request, the Committee should ask the advice of govern-
mental and non-governmental organisations, as well as of individual experts.
7. A decision to grant or deny enhanced protection may only be made on the basis
of the criteria mentioned in Article 10.
8. In exceptional cases, when the Committee has concluded that the Party
requesting inclusion of cultural property in the List cannot fulfill the criteria of
Article 10 sub-paragraph (b), the Committee may decide to grant enhanced
protection, provided that the requesting Party submits a request for
international assistance under Article 32.
9. Upon the outbreak of hostilities, a Party to the conflict may request, on an
emergency basis, enhanced protection of cultural property under its
jurisdiction or control by communicating this request to the Committee. The
Committee shall transmit this request immediately to all Parties to the conflict.
In such cases the Committee will consider representations from the Parties
concerned on an expedited basis. The decision to grant provisional enhanced
protection shall be taken as soon as possible and, notwithstanding Article 26, by
a majority of four-fifths of its members present and voting. Provisional
enhanced protection may be granted by the Committee pending the outcome of
the regular procedure for the granting of enhanced protection, provided that
the provisions of Article 10 sub-paragraphs (a) and (c) are met.
10. Enhanced protection shall be granted to cultural property by the Committee
from the moment of its entry in the List.
11. The Director-General shall, without delay, send to the Secretary-General of the
United Nations and to all Parties notification of any decision of the Committee
to include cultural property on the List.
384 SECOND PROTOCOL OF THE HAGUE OF 1954

ARTICLE 12
Immunity of cutural property under enhanced protection
The Parties to a conflict shall ensure the immunity of cultural property under
enhanced protection by refraining from making such property the object of attack
from any use of the property or its immediate surroundings in support of military
action.

ARTICLE 13
Loss of enhanced protection
1. Cultural property under enhanced protection shall only lose such protection:
a) if such protection is suspended or cancelled in accordance with Article 14; or
b) if, and for as long as, the property has, by its use, become a military objective.
2. In the circumstances of sub-paragraph 1 (b), such property may only be the
object of attack if:
a) the attack is the only feasible means of terminating the use of the property
referred to in sub-paragraph 1 (b);
b) all feasible precautions are taken in the choice of means and methods of
attack, with a view to terminating such use and avoiding, or in any event
minimising, damage to the cultural property;
c) unless circumstances do not permit, due to requirements of immediate self-
defence:
i) the attack is ordered at the highest operational level of command;
ii) effective advance warning is issued to the opposing forces requiring
the termination of the use referred to in sub-paragraph 1 (b); and
iii) reasonable time is given to the opposing forces to redress the
situation.

ARTICLE 14
Suspension and cancellation of enhanced protection
1. Where cultural property no longer meets any one of the criteria in Article 10 of
this Protocol, the Committee may suspend its enhanced protection status or
cancel that status by removing that cultural property from the List.
2. In the case of a serious violation of Article 12 in relation to cultural property
under enhanced protection arising from its use in support of military action,
the Committee may suspend its enhanced protection status. Where such
violations are continuous, the Committee may exceptionally cancel the
enhanced protection status by removing the cultural property from the List.
PROTECTION OF CULTURAL PROPERTY 385

3. The Director-General shall, without delay, send to the Secretary-General of the


United Nations and to all Parties to this Protocol notification of any decision of
the Committee to suspend or cancel the enhanced protection of cultural
property.
4. Before taking such a decision, the Committee shall afford an opportunity to the
Parties to make their views known.

CHAPTER 4

CRIMINAL RESPONSIBILITY AND JURISDICTION

ARTICLE 15
Serious violations of this Protocol
1. Any person commits an offence within the meaning of this Protocol if that
person intentionally and in violation of the Convention or this Protocol
commits any of the following acts:
a) making cultural property under enhanced protection the object of attack;
b) using cultural property under enhanced protection or its immediate
surroundings in support of military action;
c) extensive destruction or appropriation of cultural property protected under
the Convention and this Protocol;
d) making cultural property protected under the Convention and this Protocol
the object of attack;
e) theft, pillage or misappropriation of, or acts of vandalism directed against
cultural property protected under the Convention.
2. Each Party shall adopt such measures as may be necessary to establish as
criminal offences under its domestic law the offences set forth in this Article
and to make such offences punishable by appropriate penalties. When doing so,
Parties shall comply with general principles of law and international law,
including the rules extending individual criminal responsibility to persons
other than those who directly commit the act.

ARTICLE 16
Jurisdiction
1. Without prejudice to paragraph 2, each Party shall take the necessary legislative
measures to establish its jurisdiction over offences set forth in Article 15 in the
following cases:
386 SECOND PROTOCOL OF THE HAGUE OF 1954

a) when such an offence is committed in the territory of that State;


b) when the alleged offender is a national of that State;
c) in the case of offences set forth in Article 15 sub-paragraphs (a) to (c), when
the alleged offender is present in its territory.
2. With respect to the exercise of jurisdiction and without prejudice to Article 28
of the Convention:
a) this Protocol does not preclude the incurring of individual criminal
responsibility or the exercise of jurisdiction under national and
international law that may be applicable, or affect the exercise of jurisdiction
under customary international law;
b) except in so far as a State which is not Party to this Protocol may accept and
apply its provisions in accordance with Article 3 paragraph 2, members of
the armed forces and nationals of a State which is not Party to this Protocol,
except for those nationals serving in the armed forces of a State which is a
Party to this Protocol, do not incur individual criminal responsibility by
virtue of this Protocol, nor does this Protocol impose an obligation to
establish jurisdiction over such persons or to extradite them.

ARTICLE 17
Prosecution
1. The Party in whose territory the alleged offender of an offence set forth in
Article 15 sub-paragraphs 1 (a) to (c) is found to be present shall, if it does not
extradite that person, submit, without exception whatsoever and without undue
delay, the case to its competent authorities, for the purpose of prosecution,
through proceedings in accordance with its domestic law or with, if applicable,
the relevant rules of international law.
2. Without prejudice to, if applicable, the relevant rules of international law, any
person regarding whom proceedings are being carried out in connection with
the Convention or this Protocol shall be guaranteed fair treatment and a fair
trial in accordance with domestic law and international law at all stages of the
proceedings, and in no cases shall be provided guarantees less favorable to such
person than those provided by international law.

ARTICLE 18
Extradition
1. The offences set forth in Article 15 sub-paragraphs 1 (a) to (c) shall be deemed
to be included as extraditable offences in any extradition treaty existing
between any of the Parties before the entry into force of this Protocol. Parties
undertake to include such offences in every extradition treaty to be
subsequently concluded between them.
PROTECTION OF CULTURAL PROPERTY 387

2. When a Party which makes extradition conditional on the existence of a treaty


receives a request for extradition from another Party with which it has no
extradition treaty, the requested Party may, at its option, consider the present
Protocol as the legal basis for extradition in respect of offences as set forth in
Article 15 sub-paragraphs 1 (a) to (c).
3. Parties which do not make extradition conditional on the existence of a treaty
shall recognise the offences set forth in Article 15 sub-paragraphs 1 (a) to (c) as
extraditable offences between them, subject to the conditions provided by the
law of the requested Party.
4. If necessary, offences set forth in Article 15 sub-paragraphs 1 (a) to (c) shall be
treated, for the purposes of extradition between Parties, as if they had been
committed not only in the place in which they occurred but also in the territory
of the Parties that have established jurisdiction in accordance with Article 16
paragraph 1.

ARTICLE 19
Mutual legal assistance
1. Parties shall afford one another the greatest measure of assistance in connection
with investigations or criminal or extradition proceedings brought in respect of
the offences set forth in Article 15, including assistance in obtaining evidence at
their disposal necessary for the proceedings.
2. Parties shall carry out their obligations under paragraph 1 in conformity with
any treaties or other arrangements on mutual legal assistance that may exist
between them. In the absence of such treaties or arrangements, Parties shall
afford one another assistance in accordance with their domestic law.

ARTICLE 20
Grounds for refusal
1. For the purpose of extradition, offences set forth in Article 15 sub-paragraphs 1
(a) to (c), and for the purpose of mutual legal assistance, offences set forth in
Article 15 shall not be regarded as political offences nor as offences connected
with political offences nor as offences inspired by political motives.Accordingly,
a request for extradition or for mutual legal assistance based on such offences
may not be refused on the sole ground that it concerns a political offence or an
offence connected with a political offence or an offence inspired by political
motives.
2. Nothing in this Protocol shall be interpreted as imposing an obligation to
extradite or to afford mutual legal assistance if the requested Party has
substantial grounds for believing that the request for extradition for offences set
forth in Article 15 sub-paragraphs 1 (a) to (c) or for mutual legal assistance with
388 SECOND PROTOCOL OF THE HAGUE OF 1954

respect to offences set forth in Article 15 has been made for the purpose of
prosecuting or punishing a person on account of that persons race, religion,
nationality, ethnic origin or political opinion or that compliance with the
request would cause prejudice to that persons position for any of these reasons.

ARTICLE 21
Measures regarding other violations
Without prejudice to Article 28 of the Convention, each Party shall adopt such
legislative, administrative or disciplinary measures as may be necessary to suppress
the following acts when committed intentionally:
a) any use of cultural property in violation of the Convention or this Protocol;
b) any illicit export, other removal or transfer of ownership of cultural property
from occupied territory in violation of the Convention or this Protocol.

CHAPTER 5

THE PROTECTION OF CULTURAL PROPERTY IN ARMED


CONFLICTS NOT OF AN INTERNATIONAL CHARACTER

ARTICLE 22
Armed conflicts not of an international character
1. This Protocol shall apply in the event of an armed conflict not of an
international character, occurring within the territory of one of the Parties.
2. This Protocol shall not apply to situations of internal disturbances and tensions,
such as riots, isolated and sporadic acts of violence and other acts of a similar
nature.
3. Nothing in this Protocol shall be invoked for the purpose of affecting the
sovereignty of a State or the responsibility of the government, by all legitimate
means, to maintain or re-establish law and order in the State or to defend the
national unity and territorial integrity of the State.
4. Nothing in this Protocol shall prejudice the primary jurisdiction of a Party in
whose territory an armed conflict not of an international character occurs over
the violations set forth in Article 15.
5. Nothing in this Protocol shall be invoked as a justification for intervening,
directly or indirectly, for any reason whatever, in the armed conflict or in the
internal or external affairs of the Party in the territory of which that conflict
occurs.
PROTECTION OF CULTURAL PROPERTY 389

6. The application of this Protocol to the situation referred to in paragraph 1 shall


not affect the legal status of the parties to the conflict.
7. UNESCO may offer its services to the parties to the conflict.

CHAPTER 6

INSTITUTIONAL ISSUES

ARTICLE 23
Meeting of the Parties
1. The Meeting of the Parties shall be convened at the same time as the General
Conference of UNESCO, and in co-ordination with the Meeting of the High
Contracting Parties, if such a meeting has been called by the Director-General.
2. The Meeting of the Parties shall adopt its Rules of Procedure.
3. The Meeting of the Parties shall have the following functions:
a) to elect the Members of the Committee, in accordance with Article 24
paragraph 1;
b) to endorse the Guidelines developed by the Committee in accordance with
Article 27 sub-paragraph 1 (a);
c) to provide guidelines for, and to supervise the use of the Fund by the
Committee;
d) to consider the report submitted by the Committee in accordance with
Article 27 sub-paragraph 1 (d);
e) to discuss any problem related to the application of this Protocol, and to
make recommendations, as appropriate.
4. At the request of at least one-fifth of the Parties, the Director-General shall
convene an Extraordinary Meeting of the Parties.

ARTICLE 24
Committee for the Protection of Cultural Property
in the Event of Armed Conflict
1. The Committee for the Protection of Cultural Property in the Event of Armed
Conflict is hereby established. It shall be composed of twelve Parties which shall
be elected by the Meeting of the Parties.
390 SECOND PROTOCOL OF THE HAGUE OF 1954

2. The Committee shall meet once a year in ordinary session and in extra-
ordinary sessions whenever it deems necessary.
3. In determining membership of the Committee, Parties shall seek to ensure an
equitable representation of the different regions and cultures of the world.
4. Parties members of the Committee shall choose as their representatives persons
qualified in the fields of cultural heritage, defence or international law, and they
shall endeavour, in consultation with one another, to ensure that the Committee
as a whole contains adequate expertise in all these fields.

ARTICLE 25
Term of office
1. A Party shall be elected to the Committee for four years and shall be eligible for
immediate re-election only once.
2. Notwithstanding the provisions of paragraph 1, the term of office of half of the
members chosen at the time of the first election shall cease at the end of the first
ordinary session of the Meeting of the Parties following that at which they were
elected. These members shall be chosen by lot by the President of this Meeting
after the first election.

ARTICLE 26
Rules of procedure
1. The Committee shall adopt its Rules of Procedure.
2. A majority of the members shall constitute a quorum. Decisions of the
Committee shall be taken by a majority of two-thirds of its members voting.
3. Members shall not participate in the voting on any decisions relating to cultural
property affected by an armed conflict to which they are parties.

ARTICLE 27
Functions
1. The Committee shall have the following functions:
a) to develop Guidelines for the implementation of this Protocol;
b) to grant, suspend or cancel enhanced protection for cultural property and to
establish, maintain and promote the List of cultural property under
enhanced protection;
c) to monitor and supervise the implementation of this Protocol and promote
the identification of cultural property under enhanced protection;
PROTECTION OF CULTURAL PROPERTY 391

d) to consider and comment on reports of the Parties, to seek clarifications as


required, and prepare its own report on the implementation of this Protocol
for the Meeting of the Parties;
e) to receive and consider requests for international assistance under Article 32;
f) to determine the use of the Fund;
g) to perform any other function which may be assigned to it by the Meeting
of the Parties.
2. The functions of the Committee shall be performed in co-operation with the
Director-General.
3. The Committee shall co-operate with international and national governmental
and non-governmental organizations having objectives similar to those of the
Convention, its First Protocol and this Protocol. To assist in the implementation
of its functions, the Committee may invite to its meetings, in an advisory
capacity, eminent professional organizations such as those which have formal
relations with UNESCO, including the International Committee of the Blue
Shield (ICBS) and its constituent bodies. Representatives of the International
Centre for the Study of the Preservation and Restoration of Cultural Property
(Rome Centre) (ICCROM) and of the International Committee of the Red
Cross (ICRC) may also be invited to attend in an advisory capacity.

ARTICLE 28
Secretariat
The Committee shall be assisted by the Secretariat of UNESCO which shall
prepare the Committees documentation and the agenda for its meetings and shall
have the responsibility for the implementation of its decisions.

ARTICLE 29
The Fund for the Protection of Cultural Property
in the Event of Armed Conflict
1. A Fund is hereby established for the following purposes:
a) to provide financial or other assistance in support of preparatory or other
measures to be taken in peacetime in accordance with, inter alia, Article 5,
Article 10 sub-paragraph (b) and Article 30; and
b) to provide financial or other assistance in relation to emergency, provisional
or other measures to be taken in order to protect cultural property during
periods of armed conflict or of immediate recovery after the end of
hostilities in accordance with, inter alia, Article 8 sub-paragraph (a).
2. The Fund shall constitute a trust fund, in conformity with the provisions of the
financial regulations of UNESCO.
392 SECOND PROTOCOL OF THE HAGUE OF 1954

3. Disbursements from the Fund shall be used only for such purpose as the
Committee shall decide in accordance with the guidelines as defined in
Article 23 sub-paragraph 3(c). The Committee may accept contributions to be
used only for a certain programme or project, provided that the Committee
shall have decided on the implementation of such programme or project.
4. The resources of the Fund shall consist of:
a) voluntary contributions made by the Parties;
b) contributions, gifts or bequests made by:
i) other States;
ii) UNESCO or other organizations of the United Nations system;
iii) other intergovernmental or non-governmental organizations; and
iv) public or private bodies or individuals;
c) any interest accruing on the Fund;
d) funds raised by collections and receipts from events organized for the
benefit of the Fund; and
e) all other resources authorized by the guidelines applicable to the Fund.

CHAPTER 7

DISSEMINATION OF INFORMATION
AND INTERNATIONAL ASSISTANCE

ARTICLE 30
Dissemination
1. The Parties shall endeavour by appropriate means, and in particular by
educational and information programmes, to strengthen appreciation and
respect for cultural property by their entire population.
2. The Parties shall disseminate this Protocol as widely as possible, both in time of
peace and in time of armed conflict.
3. Any military or civilian authorities who, in time of armed conflict, assume
responsibilities with respect to the application of this Protocol, shall be fully
acquainted with the text thereof. To this end the Parties shall, as appropriate:
a) incorporate guidelines and instructions on the protection of cultural
property in their military regulations;
b) develop and implement, in cooperation with UNESCO and relevant
governmental and non-governmental organizations, peacetime training and
educational programmes;
PROTECTION OF CULTURAL PROPERTY 393

c) communicate to one another, through the Director-General, information on


the laws, administrative provisions and measures taken under sub-
paragraphs (a) and (b);
d) communicate to one another, as soon as possible, through the Director-
General, the laws and administrative provisions which they may adopt to
ensure the application of this Protocol.

ARTICLE 31
International cooperation
In situations of serious violations of this Protocol, the Parties undertake to act,
jointly through the Committee, or individually, in cooperation with UNESCO and
the United Nations and in conformity with the Charter of the United Nations.

ARTICLE 32
International assistance
1. A Party may request from the Committee international assistance for cultural
property under enhanced protection as well as assistance with respect to the
preparation, development or implementation of the laws, administrative
provisions and measures referred to in Article 10.
2. A party to the conflict, which is not a Party to this Protocol but which accepts
and applies provisions in accordance with Article 3, paragraph 2, may request
appropriate international assistance from the Committee.
3. The Committee shall adopt rules for the submission of requests for international
assistance and shall define the forms the international assistance may take.
4. Parties are encouraged to give technical assistance of all kinds, through the
Committee, to those Parties or parties to the conflict who request it.

ARTICLE 33
Assistance of UNESCO
1. A Party may call upon UNESCO for technical assistance in organizing the
protection of its cultural property, such as preparatory action to safeguard
cultural property, preventive and organizational measures for emergency
situations and compilation of national inventories of cultural property, or in
connection with any other problem arising out of the application of this
Protocol. UNESCO shall accord such assistance within the limits fixed by its
programme and by its resources.
2. Parties are encouraged to provide technical assistance at bilateral or multilateral
level.
394 SECOND PROTOCOL OF THE HAGUE OF 1954

3. UNESCO is authorized to make, on its own initiative, proposals on these


matters to the Parties.

CHAPTER 8

EXECUTION OF THIS PROTOCOL

ARTICLE 34
Protecting Powers
This Protocol shall be applied with the co-operation of the Protecting Powers
responsible for safeguarding the interests of the Parties to the conflict.

ARTICLE 35
Conciliation procedure
1 . The Protecting Powers shall lend their good offices in all cases where they may
deem it useful in the interests of cultural property, particularly if there is
disagreement between the Parties to the conflict as to the application or
interpretation of the provisions of this Protocol.
2. For this purpose, each of the Protecting Powers may, either at the invitation of
one Party, of the Director-General, or on its own initiative, propose to the
Parties to the conflict a meeting of their representatives, and in particular of the
authorities responsible for the protection of cultural property, if considered
appropriate, on the territory of a State not party to the conflict. The Parties to
the conflict shall be bound to give effect to the proposals for meeting made to
them. The Protecting Powers shall propose for approval by the Parties to the
conflict a person belonging to a State not party to the conflict or a person
presented by the Director-General, which person shall be invited to take part in
such a meeting in the capacity of Chairman.

ARTICLE 36
Conciliation in absence of Protecting Powers
1. In a conflict where no Protecting Powers are appointed, the Director-General
may lend good offices or act by any other form of conciliation or mediation,
with a view to settling the disagreement.
PROTECTION OF CULTURAL PROPERTY 395

2. At the invitation of one Party or of the Director-General, the Chairman of the


Committee may propose to the Parties to the conflict a meeting of their
representatives, and in particular of the authorities responsible for the
protection of cultural property, if considered appropriate, on the territory of a
State not party to the conflict.

ARTICLE 37
Translations and reports
1. The Parties shall translate this Protocol into their official languages and shall
communicate these official translations to the Director-General.
2. The Parties shall submit to the Committee, every four years, a report on the
implementation of this Protocol.

ARTICLE 38
State responsibility
No provision in this Protocol relating to individual criminal responsibility shall
affect the responsibility of States under international law, including the duty to
provide reparation.

CHAPTER 9

FINAL CLAUSES

ARTICLE 39
Languages
This Protocol is drawn up in Arabic, Chinese, English, French, Russian and
Spanish, the six texts being equally authentic.

ARTICLE 40
Signature
This Protocol shall bear the date of 26 May 1999. It shall be opened for signature by
all High Contracting Parties at The Hague from 17 May 1999 until 31 December 1999.
396 SECOND PROTOCOL OF THE HAGUE OF 1954

ARTICLE 41
Ratification, aceptance or approval
1. This Protocol shall be subject to ratification, acceptance or approval by High
Contracting Parties which have signed this Protocol, in accordance with their
respective constitutional procedures.
2. The instruments of ratification, acceptance or approval shall be deposited with
the Director-General.

ARTICLE 42
Accession
1. This Protocol shall be open for accession by other High Contracting Parties
from 1 January 2000.
2. Accession shall be effected by the deposit of an instrument of accession with the
Director-General.

ARTICLE 43
Entry in force
1. This Protocol shall enter into force three months after twenty instruments of
ratification, acceptance, approval or accession have been deposited.
2. Thereafter, it shall enter into force, for each Party, three months after the deposit
of its instrument of ratification, acceptance, approval or accession.

ARTICLE 44
Entry into force in situations of armed conflict
The situations referred to in Articles 18 and 19 of the Convention shall give
immediate effect to ratifications, acceptances or approvals of or accessions to this
Protocol deposited by the parties to the conflict either before or after the beginning
of hostilities or occupation. In such cases the Director-General shall transmit the
communications referred to in Article 46 by the speediest method.

ARTICLE 45
Denunciation
1. Each Party may denounce this Protocol.
2. The denunciation shall be notified by an instrument in writing, deposited with
the Director-General.
PROTECTION OF CULTURAL PROPERTY 397

3. The denunciation shall take effect one year after the receipt of the instrument of
denunciation. However, if, on the expiry of this period, the denouncing Party is
involved in an armed conflict, the denunciation shall not take effect until the
end of hostilities, or until the operations of repatriating cultural property are
completed, whichever is the later.

ARTICLE 46
Notifications
The Director-General shall inform all High Contracting Parties as well as the
United Nations, of the deposit of all the instruments of ratification, acceptance,
approval or accession provided for in Articles 41 and 42 and of denunciations
provided for in Article 45.

ARTICLE 47
Registration with the United Nations
In conformity with Article 102 of the Charter of the United Nations, this
Protocol shall be registered with the Secretariat of the United Nations at the request
of the Director-General.
IN FAITH WHEREOF the undersigned, duly authorized, have signed the present
Protocol.
DONE at The Hague, this twenty-sixth day of March 1999, in a single copy which
shall be deposited in the archives of the UNESCO, and certified true copies of
which shall be delivered to all the High Contracting Parties.
X
CONVENTION OF 10 APRIL 1972 ON THE PROHIBITION
OF THE DEVELOPMENT, PRODUCTION AND
STOCKPILING OF BACTERIOLOGICAL (BIOLOGICAL)
AND TOXIN WEAPONS
AND ON THEIR DESTRUCTION

The States Parties to this Convention,


Determined to act with a view to achieving effective progress towards general
and complete disarmament, including the prohibition and elimination of all types
of weapons of mass destruction, and convinced that the prohibition of the
development, production and stockpiling of chemical and bacteriological
(biological) weapons and their elimination, through effective measures, will
facilitate the achievement of general and complete disarmament under strict and
effective international control,
Recognizing the important significance of the Protocol for the Prohibition of the
Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological
Methods of Warfare, signed at Geneva on 17 June 1925, and conscious also of the
contribution which the said Protocol has already made, and continues to make, to
mitigating the horrors of war,
Reaffirming their adherence to the principles and objectives of that Protocol and
calling upon all States to comply strictly with them,
Recalling that the General Assembly of the United Nations has repeatedly
condemned all actions contrary to the principles and objectives of the Geneva
Protocol of 17 June 1925,
Desiring to contribute to the strengthening of confidence between peoples and
the general improvement of the international atmosphere,
Desiring also to contribute to the realization of the purposes and principles of
the Charter of the United Nations,
Convinced of the importance and urgency of eliminating from the arsenals of
States, through effective measures, such dangerous weapons of mass destruction as
those using chemical or bacteriological (biological) agents,
Recognizing that an agreement on the prohibition of bacteriological (biological)
and toxin weapons represents a first possible step towards the achievement of
agreement on effective measures also for the prohibition of the development,
BACTERIOLOGICAL WEAPONS 399

production and stockpiling of chemical weapons, and determined to continue


negotiations to that end,
Determined, for the sake of all mankind, to exclude completely the possibility of
bacteriological (biological) agents and toxins being used as weapons,
Convinced that such use would be repugnant to the conscience of mankind and
that no effort should be spared to minimize this risk,
Have agreed as follows:

ARTICLE 1
Each State Party to this Convention undertakes never in any circumstances to
develop, produce, stockpile or otherwise acquire or retain:
1. Microbial or other biological agents, or toxins whatever their origin or method
of production, of types and in quantities that have no justification for
prophylactic, protective or other peaceful purposes;
2. Weapons, equipment or means of delivery designed to use such agents or toxins
for hostile purposes or in armed conflict.

ARTICLE 2
Each State Party to this Convention undertakes to destroy, or to divert to peaceful
purposes, as soon as possible but not later than nine months after the entry into force
of the Convention, all agents, toxins, weapons, equipment and means of delivery
specified in article 1 of the Convention, which are in its possession or under its
jurisdiction or control. In implementing the provisions of this article all necessary
safety precautions shall be observed to protect populations and the environment.

ARTICLE 3
Each State Party to this Convention undertakes not to transfer to any recipient
whatsoever, directly or indirectly, and not in any way to assist, encourage or induce
any State, group of States or international organizations to manufacture or
otherwise acquire any of the agents, toxins, weapons, equipment or means of
delivery specified in article 1 of the Convention.

ARTICLE 4
Each State Party to this Convention shall, in accordance with its constitutional
processes, take any necessary measures to prohibit and prevent the development,
production, stockpiling, acquisition or retention of the agents, toxins, weapons,
equipment and means of delivery specified in article 1 of the Convention, within
the territory of such State, under its Jurisdiction or under its control anywhere.
400 CONVENTION OF 1972

ARTICLE 5
The States Parties to this Convention undertake to consult one another and to
co-operate in solving any problems which may arise in relation to the objective of,
or in the application of the provisions of, the Convention. Consultation and co-
operation pursuant to this article may also be undertaken through appropriate
international procedures within the framework of the United Nations and in
accordance with its Charter.

ARTICLE 6
1. Any State Party to this Convention which finds that any other State Party is
acting in breach of obligations deriving from the provisions of the Convention
may lodge a complaint with the Security Council of the United Nations. Such a
complaint should include all possible evidence confirming its validity, as well as
a request for its consideration by the Security Council.
2. Each State Party to this Convention undertakes to co-operate in carrying out
any investigation which the Security Council may initiate, in accordance with
the provisions of the Charter of the United Nations, on the basis of the
complaint received by the Council. The Security Council shall inform the States
Parties to the Convention of the results of the investigation.

ARTICLE 7
Each State Party to this Convention undertakes to provide or support assistance,
in accordance with the United Nations Charter, to any Party to the Convention
which so requests, if the Security Council decides that such Party has been exposed
to danger as a result of violation of the Convention.

ARTICLE 8
Nothing in this Convention shall be interpreted as in any way limiting or
detracting from the obligations assumed by any State under the Protocol for the
Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of
Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925.

ARTICLE 9
Each State Party to this Convention affirms the recognized objective of effective
prohibition of chemical weapons and, to this end, undertakes to continue
negotiations in good faith with a view to reaching early agreement on effective
measures for the prohibition of their development, production and stockpiling and
for their destruction, and on appropriate measures concerning equipment and
means of delivery specifically designed for the production or use of chemical
agents for weapons purposes.
BACTERIOLOGICAL WEAPONS 401

ARTICLE 10
1. The States Parties to this Convention undertake to facilitate, and have the right
to participate in, the fullest possible exchange of equipment, materials and
scientific and technological information for the use of bacteriological
(biological) agents and toxins for peaceful purposes. Parties to the Convention
in a position to do so shall also co-operate in contributing individually or
together with other States or international organizations to the further
development and application of scientific discoveries in the field of bacteriology
(biology) for the prevention of disease, or for other peaceful purposes.
2. This Convention shall be implemented in a manner designed to avoid
hampering the economic or technological development of States Parties to the
Convention or international co-operation in the field of peaceful
bacteriological (biological) activities, including the international exchange of
bacteriological (biological) agents and toxins and equipment for the processing,
use or production of bacteriological (biological) agents and toxins for peaceful
purposes in accordance with the provisions of the Convention.

ARTICLE 11
Any State Party may propose amendments to this Convention. Amendments
shall enter into force for each State Party accepting the amendments upon their
acceptance by a majority of the States Parties to the Convention and thereafter for
each remaining State Party on the date of acceptance by it.

ARTICLE 12
Five years after the entry into force of this Convention, or earlier if it is requested
by a majority of Parties to the Convention by submitting a proposal to this effect to
the Depositary Governments, a conference of States Parties to the Convention shall
be held at Geneva, Switzerland, to review the operation of the Convention, with a
view to assuring that the purposes of the preamble and the provisions of the
Convention, including the provisions concerning negotiations on chemical
weapons, are being realized. Such review shall take into account any new scientific
and technological developments relevant to the Convention.

ARTICLE 13
1. This Convention shall be of unlimited duration.
2. Each State Party to this Convention shall in exercising its national sovereignty
have the right to withdraw from the Convention if it decides that extraordinary
events, related to the subject-matter of the Convention, have jeopardized the
supreme interests of its country. It shall give notice of such withdrawal to all
other States Parties to the Convention and to the United Nations Security
402 CONVENTION OF 1972

Council three months in advance. Such notice shall include a statement of the
extraordinary events it regards as having jeopardized its supreme interests.

ARTICLE 14
1. This Convention shall be open to all States for signature. Any State which does
not sign the Convention before its entry into force in accordance with
paragraph 3 of this article may accede to it at any time.
2. This Convention shall be subject to ratification by signatory States. Instruments
of ratification and instruments of accession shall be deposited with the
Governments of the Union of Soviet Socialist Republics, the United Kingdom of
Great Britain and Northern Ireland and the United States of America, which are
hereby designated the Depositary Governments.
3. This Convention shall enter into force after the deposit of instruments of
ratification by twenty-two Governments, including the Governments
designated as Depositaries of the Convention.
4. For States whose instruments of ratification or accession are deposited
subsequent to the entry into force of this Convention, it shall enter into force on
the date of the deposit of their instruments of ratification or accession.
5. The Depositary Governments shall promptly inform all signatory and acceding
States of the date of each signature, the date of deposit of each instrument of
ratification or of accession and the date of the entry into force of this
Convention, and of the receipt of other notices.
6. This Convention shall be registered by the Depositary Governments pursuant
to Article 102 of the Charter of the United Nations.

ARTICLE 15
This Convention, the Chinese, English, French, Russian and Spanish texts of
which are equally authentic, shall be deposited in the archives of the Depositary
Governments. Duly certified copies of the Convention shall be transmitted by the
Depositary Governments to the Governments of the signatory and acceding States.
XI
CONVENTION OF 10 DECEMBER 1976
ON THE PROHIBITION
OF MILITARY OR ANY OTHER
HOSTILE USE OF ENVIRONMENTAL
MODIFICATION TECHNIQUES

The States Parties to this Convention,


Guided by the interest of consolidating peace, and wishing to contribute to the
cause of halting the arms race, and of bringing about general and complete
disarmament under strict and effective international control, and of saving
mankind from the danger of using new means of warfare,
Determined to continue negotiations with a view to achieving effective progress
towards further measures in the field of disarmament,
Recognizing that scientific and technical advances may open new possibilities
with respect to modification of the environment,
Recalling the Declaration of the United Nations Conference on the Human
Environment, adopted at Stockholm on 16 June 1972,
Realizing that the use of environmental modification techniques for peaceful
purposes could improve the interrelationship of man and nature and contribute to
the preservation and improvement of the environment for the benefit of present
and future generations,
Recognizing, however, that military or any other hostile use of such techniques
could have effects extremely harmful to human welfare,
Desiring to prohibit effectively military or any other hostile use of
environmental modification techniques in order to eliminate the dangers to
mankind from such use, and affirming their willingness to work towards the
achievement of this objective,
Desiring also to contribute to the strengthening of trust among nations and to
the further improvement of the international situation in accordance with the
purposes and principles of the Charter of the United Nations,
Have agreed as follows:
404 CONVENTION OF 1976

ARTICLE 1
1. Each State Party to this Convention undertakes not to engage in military or any
other hostile use of environmental modification techniques having widespread,
long-lasting or severe effects as the means of destruction, damage or injury to
any other State Party.
2. Each State Party to this Convention undertakes not to assist, encourage or
induce any State, group of States or international organization to engage in
activities contrary to the provisions of paragraph 1 of this article.

ARTICLE 2
As used in article 1, the term environmental modification techniques refers to
any technique for changingthrough the deliberate manipulation of natural
processesthe dynamics, composition or structure of the Earth, including its biota,
lithosphere, hydrosphere and atmosphere, or of outer space.

ARTICLE 3
1. The provisions of this Convention shall not hinder the use of environmental
modification techniques for peaceful purposes and shall be without prejudice
to the generally recognized principles and applicable rules of international law
concerning such use.
2. The States Parties to this Convention undertake to facilitate, and have the right
to participate in, the fullest possible exchange of scientific and technological
information on the use of environmental modification techniques for peaceful
purposes. States Parties in a position to do so shall contribute, alone or together
with other States or international organizations, to international economic and
scientific co-operation in the preservation, improvement and peaceful
utilization of the environment, with due consideration for the needs of the
developing areas of the world.

ARTICLE 4
Each State Party to this Convention undertakes to take any measures it considers
necessary in accordance with its constitutional processes to prohibit and prevent
any activity in violation of the provisions of the Convention anywhere under its
jurisdiction or control.

ARTICLE 5
1. The States Parties to this Convention undertake to consult one another and to
co-operate in solving any problems which may arise in relation to the objectives
of, or in the application of the provisions of, the Convention. Consultation and
USE OF ENVIRONMENTAL MODIFICATION TECHNIQUES 405

co-operation pursuant to this article may also be undertaken through


appropriate international procedures within the framework of the United
Nations and in accordance with its Charter. These international procedures may
include the services of appropriate international organizations, as well as of a
Consultative Committee of Experts as provided for in paragraph 2 of this article.
2. For the purposes set forth in paragraph 1 of this article, the Depositary shall,
within one month of the receipt of a request from any State Party to this
Convention, convene a Consultative Committee of Experts. Any State Party
may appoint an expert to the Committee whose functions and rules of
procedure are set out in the annex, which constitutes an integral part of this
Convention. The Committee shall transmit to the Depositary a summary of its
findings of fact, incorporating all views and information presented to the
Committee during its proceedings. The Depositary shall distribute the
summary to all States Parties.
3. Any State Party to this Convention which has reason to believe that any other
State Party is acting in breach of obligations deriving from the provisions of the
Convention may lodge a complaint with the Security Council of the United
Nations. Such a complaint should include all relevant information as well as all
possible evidence supporting its validity.
4. Each State Party to this Convention undertakes to co-operate in carrying out
any investigation which the Security Council may initiate, in accordance with
the provisions of the Charter of the United Nations, on the basis of the
complaint received by the Council. The Security Council shall inform the States
Parties of the results of the investigation.
5. Each State Party to this Convention undertakes to provide or support assistance,
in accordance with the provisions of the Charter of the United Nations, to any
State Party which so requests, if the Security Council decides that such Party has
been harmed or is likely to be harmed as a result of violation of the Convention.

ARTICLE 6
1. Any State Party to this Convention may propose amendments to the
Convention. The text of any proposed amendment shall be submitted to the
Depositary, who shall promptly circulate it to all States Parties.
2. An amendment shall enter into force for all States Parties to this Convention
which have accepted it, upon the deposit with the Depositary of instruments of
acceptance by a majority of States Parties. Thereafter it shall enter into force for
any remaining State Party on the date of deposit of its instrument of acceptance.

ARTICLE 7
This Convention shall be of unlimited duration.
406 CONVENTION OF 1976

ARTICLE 8
1. Five years after the entry into force of this Convention, a conference of the States
Parties to the Convention shall be convened by the Depositary at Geneva,
Switzerland. The conference shall review the operation of the Convention with
a view to ensuring that its purposes and provisions are being realized, and shall
in particular examine the effectiveness of the provisions of paragraph 1 of
article 1 in eliminating the dangers of military or any other hostile use of
environmental modification techniques.
2. At intervals of not less than five years thereafter, a majority of the States Parties
to this Convention may obtain, by submitting a proposal to this effect to the
Depositary, the convening of a conference with the same objectives.
3. If no conference has been convened pursuant to paragraph 2 of this article
within ten years following the conclusion of a previous conference, the
Depositary shall solicit the views of all States Parties to this Convention
concerning the convening of such a conference. If one-third or ten of the States
Parties, whichever number is less, respond affirmatively, the Depositary shall
take immediate steps to convene the conference.

ARTICLE 9
1. This Convention shall be open to all States for signature. Any State which does
not sign the Convention before its entry into force in accordance with
paragraph 3 of this article may accede to it at any time.
2. This Convention shall be subject to ratification by signatory States. Instruments
of ratification or accession shall be deposited with the Secretary-General of the
United Nations.
3. This Convention shall enter into force upon the deposit of instruments of
ratification by twenty Governments in accordance with paragraph 2 of this
article.
4. For those States whose instruments of ratification or accession are deposited
after the entry into force of this Convention, it shall enter into force on the date
of the deposit of their instruments of ratification or accession.
5. The Depositary shall promptly inform all signatory and acceding States of the
date of each signature, the date of deposit of each instrument of ratification or
accession and the date of the entry into force of this Convention and of any
amendments thereto, as well as of the receipt of other notices.
6. This Convention shall be registered by the Depositary in accordance with
Article 102 of the Charter of the United Nations.
USE OF ENVIRONMENTAL MODIFICATION TECHNIQUES 407

ARTICLE 10
This Convention, of which the Arabic, Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the Secretary-General
of the United Nations, who shall send duly certified copies thereof to the
Governments of the signatory and acceding States.

Annex to the Convention


Consultative Committee of Experts
1. The Consultative Committee of Experts shall undertake to make appropriate
findings of fact and provide expert views relevant to any problem raised
pursuant to paragraph 1 of article 5 of this Convention by the State Party
requesting the convening of the Committee.
2. The work of the Consultative Committee of Experts shall be organized in such
a way as to permit it to perform the functions set forth in paragraph 1 of this
annex. The Committee shall decide procedural questions relative to the
organization of its work, where possible by consensus, but otherwise by a
majority of those present and voting. There shall be no voting on matters of
substance.
3. The Depositary or his representative shall serve as the Chairman of the
Committee.
4. Each expert may be assisted at meetings by one or more advisers.
5. Each expert shall have the right, through the Chairman, to request from States,
and from international organizations, such information and assistance as the
expert considers desirable for the accomplishment of the Committees work.
XII
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

(Geneva, 10 October 1980)


(Article 1, amended, 21 December 2001)

The High Contracting Parties,


Recalling that every State has the duty, in conformity with the Charter of the
United Nations, to refrain in its international relations from the threat or use of
force against the sovereignty, territorial integrity or political independence of any
State, or in any other manner inconsistent with the purposes of the United Nations,
Further recalling the general principle of the protection of the civilian
population against the effects of hostilities,
Basing themselves on the principle of international law that the right of the
parties to an armed conflict to choose methods or means of warfare is not
unlimited, and on the principle that prohibits the employment in armed conflicts
of weapons, projectiles and material and methods of warfare of a nature to cause
superfluous injury or unnecessary suffering,
Also recalling that it is prohibited to employ methods or means of warfare which
are intended, or may be expected, to cause widespread, long-term and severe
damage to the natural environment,
Confirming their determination that in cases not covered by this Convention and
its annexed Protocols or by other international agreements, the civilian population
and the combatants shall at all times remain under the protection and authority of
the principles of international law derived from established custom, from the
principles of humanity and from the dictates of public conscience,
Desiring to contribute to international dtente, the ending of the arms race and
the building of confidence among States, and hence to the realization of the
aspiration of all peoples to live in peace,
Recognizing the importance of pursuing every effort which may contribute to
progress towards general and complete disarmament under strict and effective
international control,
RESTRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAPONS 409

Reaffirming the need to continue the codification and progressive development


of the rules of international law applicable in armed conflict,
Wishing to prohibit or restrict further the use of certain conventional weapons
and believing that the positive results achieved in this area may facilitate the main
talks on disarmament with a view to putting an end to the production, stockpiling
and proliferation of such weapons,
Emphasizing the desirability that all States become parties to this Convention
and its annexed Protocols, especially the militarily significant States,
Bearing in mind that the General Assembly of the United Nations and the United
Nations Disarmament Commission may decide to examine the question of a
possible broadening of the scope of the prohibitions and restrictions contained in
this Convention and its annexed Protocols,
Further bearing in mind that the Committee on Disarmament may decide to
consider the question of adopting further measures to prohibit or restrict the use of
certain conventional weapons,
Have agreed as follows:

ARTICLE 1
(as amended, 21 December 2001)
Material Scope of Application
1. This Convention and its annexed Protocols shall apply in the situations referred
to in Article 2 common to the Geneva Conventions of 12 August 1949 for the
Protection of War Victims, including any situation described in paragraph 4 of
Article I of Additional Protocol I to these Conventions.
2. This Convention and its annexed Protocols shall also apply, in addition to
situations referred to in paragraph 1 of this Article, to situations referred to in
Article 3 common to the Geneva Conventions of 12 August 1949. This
Convention and its annexed Protocols shall not apply to situations of internal
disturbances and tensions, such as riots, isolated and sporadic acts of violence,
and other acts of a similar nature, as not being armed conflicts.
3. In case of armed conflicts not of an international character occurring in the
territory of one of the High Contracting Parties, each party to the conflict shall
be bound to apply the prohibitions and restrictions of this Convention and its
annexed Protocols.
4. Nothing in this Convention or its annexed Protocols shall be invoked for the
purpose of affecting the sovereignty of a State or the responsibility of the
Government, by all legitimate means, to maintain or re-establish law and order
in the State or to defend the national unity and territorial integrity of the State.
410 CONVENTION ON PROHIBITIONS

5. Nothing in this Convention or its annexed Protocols shall be invoked as a


justification for intervening, directly or indirectly, for any reason whatever, in
the armed conflict or in the internal or external affairs of the High Contracting
Party in the territory of which that conflict occurs.
6. The application of the provisions of this Convention and its annexed Protocols
to parties to a conflict which are not High Contracting Parties that have
accepted this Convention or its annexed Protocols, shall not change their legal
status or the legal status of a disputed territory, either explicitly or implicitly.
7. The provisions of Paragraphs 2-6 of this Article shall not prejudice additional
Protocols adopted after 1 January 2002, which may apply, exclude or modify the
scope of their application in relation to this Article.

ARTICLE 2
Relations with other international agreements
Nothing in this Convention or its annexed Protocols shall be interpreted as
detracting from other obligations imposed upon the High Contracting Parties by
international humanitarian law applicable in armed conflict.

ARTICLE 3
Signature
This Convention shall be open for signature by all States at United Nations
Headquarters in New York for a period of twelve months from 10 April 1981.

ARTICLE 4
Ratification, acceptance, approval or accession
1. This Convention is subject to ratification, acceptance or approval by the
Signatories. Any State which has not signed this Convention may accede to it.
2. The instruments of ratification, acceptance, approval or accession shall be
deposited with the Depositary.
3. Expressions of consent to be bound by any of the Protocols annexed to this
Convention shall be optional for each State, provided that at the time of the
deposit of its instrument of ratification, acceptance or approval of this
Convention or of accession thereto, that State shall notify the Depositary of its
consent to be bound by any two or more of these Protocols.
4. At any time after the deposit of its instrument of ratification, acceptance or
approval of this Convention or of accession thereto, a State may notify the
Depositary of its consent to be bound by any annexed Protocol by which it is
not already bound.
RESTRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAPONS 411

5. Any Protocol by which a High Contracting Party is bound shall for that Party
form an integral part of this Convention.

ARTICLE 5
Entry into force
1. This Convention shall enter into force six months after the date of deposit of the
twentieth instrument of ratification, acceptance, approval or accession.
2. For any State which deposits its instrument of ratification, acceptance, approval
or accession after the date of the deposit of the twentieth instrument of
ratification, acceptance, approval or accession, this Convention shall enter into
force six months after the date on which that State has deposited its instrument
of ratification, acceptance, approval or accession.
3. Each of the Protocols annexed to this Convention shall enter into force six
months after the date by which twenty States have notified their consent to be
bound by it in accordance with paragraph 3 or 4 of Article 4 of this Convention.
4. For any State which notifies its consent to be bound by a Protocol, annexed to
this Convention after the date by which twenty States have notified their
consent to be bound by it, the Protocol shall enter into force six months after the
date on which that State has notified its consent so to be bound.

ARTICLE 6
Dissemination
The High Contracting Parties undertake, in time of peace as in time of armed
conflict, to disseminate this Convention and those of its annexed Protocols by
which they are bound as widely as possible in their respective countries and, in
particular, to include the study thereof in their programmes of military instruction,
so that those instruments may become known to their armed force.

ARTICLE 7
Treaty relations upon entry into force of this Convention
1. When one of the parties to a conflict is not bound by an annexed Protocol, the
parties bound by this Convention and that annexed Protocol shall remain
bound by them in their mutual relations.
2. Any High Contracting Party shall be bound by this Convention and any
Protocol annexed thereto which is in force for it, in any situation contemplated
by Article 1, in relation to any State which is not a party to this Convention or
bound by the relevant annexed Protocol, if the latter accepts and applies this
Convention or the relevant Protocol, and so notifies the Depositary.
412 CONVENTION ON PROHIBITIONS

3. The Depositary shall immediately inform the High Contracting Parties


concerned of any notification received under paragraph 2 of this Article.
4. This Convention, and the annexed Protocols by which a High Contracting
Party is bound, shall apply with respect to an armed conflict against that High
Contracting Party of the type referred to in Article 1, paragraph 4, of Additional
Protocol I to the Geneva Conventions of 12 August 1949 for the Protection of
War Victims:
a) where the High Contracting Party is also a party to Additional Protocol I
and an authority referred to in Article 96, paragraph 3, of that Protocol has
undertaken to apply the Geneva Conventions and Additional Protocol I in
accordance with Article 96, paragraph 3, of the said Protocol, and
undertakes to apply this Convention and the relevant annexed Protocols in
relation to that conflict; or
b) where the High Contracting Party is not a party to Additional Protocol I and
an authority of the type referred to in sub-paragraph a) above accepts and
applies the obligations of the Geneva Conventions and of this Convention and
the relevant annexed Protocols in relation to that conflict. Such an acceptance
and application shall have in relation to that conflict the following effects:
i) the Geneva Conventions and this Convention and its relevant
annexed Protocols are brought into force for the parties to the
conflict with immediate effect;
ii) the said authority assumes the same rights and obligations as those
which have been assumed by a High Contracting Party to the Geneva
Conventions, this Convention and its relevant annexed Protocols; and
iii) the Geneva Conventions, this Convention and its relevant annexed
Protocols are equally binding upon all parties to the conflict.
The High Contracting Party and the authority may also agree to accept and
apply the obligations of Additional Protocol I to the Geneva Conventions on a
reciprocal basis.

ARTICLE 8
Review and amendments
1. a) At any time after the entry into force of this Convention any High Contracting
Party may propose amendments to this Convention or any annexed Protocol
by which it is bound. Any proposal for an amendment shall be communicated
to the Depositary, who shall notify it to all the High Contracting Parties and
shall seek their views on whether a conference should be convened to consider
the proposal. If a majority, that shall not be less than eighteen of the High
Contracting Parties so agree, he shall promptly convene a conference to which
all High Contracting Parties shall be invited. States not parties to this
Convention shall be invited to the conference as observers.
RESTRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAPONS 413

b) Such a conference may agree upon amendments which shall be adopted and
shall enter into force in the same manner as this Convention and the
annexed Protocols, provided that amendments to this Convention may be
adopted only by the High Contracting Parties and that amendments to a
specific annexed Protocol may be adopted only by the High Contracting
Parties which are bound by that Protocol.

2. a) At any time after the entry into force of this Convention any High
Contracting Party may propose additional protocols relating to other
categories of conventional weapons not covered by the existing annexed
Protocols. Any such proposal for an additional protocol shall be
communicated to the Depositary, who shall notify it to all the High
Contracting Parties in accordance with sub-paragraph 1 a) of this Article. If
a majority, that shall not be less than eighteen of the High Contracting
Parties so agree, the Depositary shall promptly convene a conference to
which all States shall be invited.
b) Such a conference may agree, with the full participation of all States repre-
sented at the conference, upon additional protocols which shall be adopted
in the same manner as this Convention, shall be annexed thereto and shall
enter into force as provided in paragraphs 3 and 4 of Article 5 of this
Convention.

3. a) If, after a period of ten years following the entry into force of this
Convention, no conference has been convened in accordance with sub-
paragraph 1 a) or 2 a) of this Article, any High Contracting Party may
request the Depositary to convene a conference to which all High
Contracting Parties shall be invited to review the scope and operation of this
Convention and the Protocols annexed thereto and to consider any proposal
for amendments of this Convention or of the existing Protocols. States not
parties to this Convention shall be invited as observers to the conference. The
conference may agree upon amendments which shall be adopted and enter
into force in accordance with sub-paragraph 1 b) above.
b) At such conference consideration may also be given to any proposal for
additional protocols relating to other categories of conventional weapons
not covered by the existing annexed Protocols. All States represented at the
conference may participate fully in such consideration. Any additional
protocols shall be adopted in the same manner as this Convention, shall be
annexed thereto and shall enter into force as provided in paragraphs 3 and 4
of Article 5 of this Convention.
c) Such a conference may consider whether provision should be made for the
convening of a further conference at the request of any High Contracting
Party if, after a similar period to that referred to in sub-paragraph 3 a) of this
Article, no conference has been convened in accordance with sub-
paragraph 1 a) or 2 a) of this Article.
414 CONVENTION ON PROHIBITIONS

ARTICLE 9
Denunciation
1. Any High Contracting Party may denounce this Convention or any of its
annexed Protocols by so notifying the Depositary.
2. Any such denunciation shall only take effect one year after receipt by the
Depositary of the notification of denunciation. If, however, on the expiry of that
year the denouncing High Contracting Party is engaged in one of the situations
referred to in Article 1, the Party shall continue to be bound by the obligations
of this Convention and of the relevant annexed Protocols until the end of the
armed conflict or occupation and, in any case, until the termination of
operations connected with the final release, repatriation or re-establishment of
the persons protected by the rules of international law applicable in armed
conflict, and in the case of any annexed Protocol containing provisions
concerning situations in which peace-keeping, observation or similar functions
are performed by United Nations forces or missions in the area concerned, until
the termination of those functions.
3. Any denunciation of this Convention shall be considered as also applying to all
annexed Protocols by which the denouncing High Contracting Party is bound.
4. Any denunciation shall have effect only in respect of the denouncing High
Contracting Party.
5. Any denunciation shall not affect the obligations already incurred, by reason of
an armed conflict, under this Convention and its annexed Protocols by such
denouncing High Contracting Party in respect of any act committed before this
denunciation becomes effective.

ARTICLE 10
Depositary
1. The Secretary-General of the United Nations shall be the Depositary of this
Convention and of its annexed Protocols.
2. In addition to his usual functions, the Depositary shall inform all States of:
a) signatures affixed to this Convention under Article 3;
b) deposits of instruments of ratification, acceptance or approval of or
accession to this Convention deposited under Article 4;
c) notifications of consent to be bound by annexed Protocols under Article 4;
d) the dates of entry into force of this Convention and of each of its annexed
Protocols under Article 5; and
e) notifications of denunciation received under Article 9, and their effective
date.
RESTRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAPONS 415

ARTICLE 11
Authentic texts
The original of this Convention with the annexed Protocols, of which the Arabic,
Chinese, English, French, Russian and Spanish texts are equally authentic, shall be
deposited with the Depositary, who shall transmit certified true copies thereof to
all States.
416

PROTOCOL ON NON-DETECTABLE FRAGMENTS

(PROTOCOL I)

It is prohibited to use any weapon the primary effect of which is to injure by


fragments which in the human body escape detection by X-rays.
PROTOCOL ON PROHIBITIONS OR RESTRICTIONS
ON THE USE OF MINES, BOOBY- TRAPS
AND OTHER DEVICES

(PROTOCOL II )

(as amended on 3 May 1996)

ARTICLE 1
Scope of application
1. This Protocol relates to the use on land of the mines, booby-traps and other
devices, defined herein, including mines laid to interdict beaches, waterway
crossings or river crossings, but does not apply to the use of anti-ship mines at
sea or in inland waterways.
2. This Protocol shall apply, in addition to situations referred to in Article I of this
Convention, to situations referred to in Article 3 common to the Geneva
Conventions of 12 August 1949. This Protocol shall not apply to situations of
internal disturbances and tensions, such as riots, isolated and sporadic acts of
violence and other acts of a similar nature, as not being armed conflicts.
3. In case of armed conflicts not of an international character occurring in the
territory of one of the High Contracting Parties, each party to the conflict shall
be bound to apply the prohibitions and restrictions of this Protocol.
4. Nothing in this Protocol shall be invoked for the purpose of affecting the
sovereignty of a State or the responsibility of the Government, by all legitimate
means, to maintain or re-establish law and order in the State or to defend the
national unity and territorial integrity of the State.
5. Nothing in this Protocol shall be invoked as a justification for intervening,
directly or indirectly, for any reason whatever, in the armed conflict or in the
internal or external affairs of the High Contracting Party in the territory of
which that conflict occurs.
6. The application of the provisions of this Protocol to parties to a conflict, which
are not High Contracting Parties that have accepted this Protocol, shall not
change their legal status or the legal status of a disputed territory, either explicitly
or implicitly.
418 PROTOCOL ON PROHIBITIONS

ARTICLE 2
Definitions
For the purpose of this Protocol:
1. Mine means a munition placed under, on or near the ground or other surface
area and designed to be exploded by the presence, proximity or contact of a
person or vehicle.
2. Remotely-delivered mine means a mine not directly emplaced but delivered
by artillery, missile, rocket, mortar, or similar means, or dropped from an
aircraft. Mines delivered from a land-based system from less than 500 metres
are not considered to be remotely delivered, provided that they are used in
accordance with Article 5 and other relevant Articles of this Protocol.
3. Anti-personnel mine means a mine primarily designed to be exploded by the
presence, proximity or contact of a person and that will incapacitate, injure or
kill one or more persons.
4. Booby-trap means any device or material which is designed, constructed or
adapted to kill or injure, and which functions unexpectedly when a person
disturbs or approaches an apparently harmless object or performs an
apparently safe act.
5. Other devices means manually-emplaced munitions and devices including
improvised explosive devices designed to kill, injure or damage and which are
actuated manually, by remote control or automatically after a lapse of time.
6. Military objective means, so far as objects are concerned, any object which by
its nature, location, purpose or use makes an effective contribution to military
action and whose total or partial destruction, capture or neutralization, in the
circumstances ruling at the time, offers a definite military advantage.
7. Civilian objects are all objects which are not military objectives as defined in
paragraph 6 of this Article.
8. Minefield is a defined area in which mines have been emplaced and mined
area is an area which is dangerous due to the presence of mines. Phoney
minefield means an area free of mines that simulates a minefield. The term
minefield includes phoney minefields.
9. Recording means a physical, administrative and technical operation designed
to obtain, for the purpose of registration in official records, all available
information facilitating the location of minefields, mined areas, mines, booby-
traps and other devices.
10. Self-destruction mechanism means an incorporated or externally attached
automatically-functioning mechanism which secures the destruction of the
munition into which it is incorporated or to which it is attached.
RESTRICTIONS ON THE USE OF MINES AND BOOBY-TRAPS 419

11. Self-neutralization mechanism means an incorporated automatically-


functioning mechanism which renders inoperable the munition into which it is
incorporated.
12. Self-deactivating means automatically rendering a munition inoperable by
means of the irreversible exhaustion of a component, for example, a battery, that
is essential to the operation of the munition.
13. Remote control means control by commands from a distance.
14. Anti-handling device means a device intended to protect a mine and which is
part of, linked to, attached to or placed under the mine and which activates
when an attempt is made to tamper with the mine.
15. Transfer involves, in addition to the physical movement of mines into or from
national territory, the transfer of title to and control over the mines, but does
not involve the transfer of territory containing emplaced mines.

ARTICLE 3
General restrictions on the use, of mines, booby-traps and other devices
1. This Article applies to:
a) mines;
b) booby-traps; and
c) other devices.
2. Each High Contracting Party or party to a conflict is, in accordance with the
provisions of this Protocol, responsible for all mines, booby-traps, and other
devices employed by it and undertakes to clear, remove, destroy or maintain
them as specified in Article 10 of this Protocol.
3. It is prohibited in all circumstances to use any mine, booby-trap or other device
which is designed or of a nature to cause superfluous injury or unnecessary
suffering.
4. Weapons to which this Article applies shall strictly comply with the standards
and limitations specified in the Technical Annex with respect to each particular
category.
5. It is prohibited to use mines, booby-traps or other devices which employ a
mechanism or device specifically designed to detonate the munition by the
presence of commonly available mine detectors as a result of their magnetic or
other non-contact influence during normal use in detection operations.
6. It is prohibited to use a self-deactivating mine equipped with an anti-handling
device that is designed in such a manner that the anti-handling device is
capable of functioning after the mine has ceased to be capable of functioning.
420 PROTOCOL ON PROHIBITIONS

7. It is prohibited in all circumstances to direct weapons to which this Article


applies, either in offence, defence or by way of reprisals, against the civilian
population as such or against individual civilians or civilian objects.
8. The indiscriminate use of weapons to which this Article applies is prohibited.
Indiscriminate use is any placement of such weapons:
a) which is not on, or directed against, a military objective. In case of doubt as
to whether an object which is normally dedicated to civilian purposes, such
as a place of worship, a house or other dwelling or a school, is being used to
make an effective contribution to military action, it shall be presumed not to
be so used; or
b) which employs a method or means of delivery which cannot be directed at
a specific military objective; or
c) which may be expected to cause incidental loss of civilian life, injury to
civilians, damage to civilian objects, or a combination thereof, which would
be excessive in relation to the concrete and direct military advantage
anticipated.
9. Several clearly separated and distinct military objectives located in a city, town,
village or other area containing a similar concentration of civilians or civilian
objects are not to be treated as a single military objective.
10. All feasible precautions shall be taken to protect civilians from the effects of
weapons to which this Article applies. Feasible precautions are those
precautions which are practicable or practically possible taking into account all
circumstances ruling at the time, including humanitarian and military
considerations. These circumstances include, but are not limited to:
a) the short- and long-term effect of mines upon the local civilian population
for the duration of the minefield;
b) possible measures to protect civilians (for example, fencing, signs, warning
and monitoring);
c) the availability and feasibility of using alternatives; and
d) the short- and long-term military requirements for a minefield.
11. Effective advance warning shall be given of any emplacement of mines, booby-
traps and other devices which may affect the civilian population, unless
circumstances do not permit.

ARTICLE 4
Restrictions on the use of anti-personnel mines
It is prohibited to use anti-personnel mines which are not detectable, as specified
in paragraph 2 of the Technical Annex.
RESTRICTIONS ON THE USE OF MINES AND BOOBY-TRAPS 421

ARTICLE 5
Restrictions on the use of anti-personnel mines
other than remotely-delivered mines
1. This Article applies to anti-personnel mines other than remotely-delivered
mines.
2. It is prohibited to use weapons to which this Article applies which are not in
compliance with the provisions on self-destruction and self-deactivation in the
Technical Annex, unless:
a) such weapons are placed within a perimeter-marked area which is
monitored by military personnel and protected by fencing or other means,
to ensure the effective exclusion of civilians from the area. The marking
must be of a distinct and durable character and must at least be visible to a
person who is about to enter the perimeter-marked area; and
b) such weapons are cleared before the area is abandoned, unless the area is
turned over to the forces of another State which accept responsibility for the
maintenance of the protections required by this Article and the subsequent
clearance of those weapons.
3. A party to a conflict is relieved from further compliance with the provisions of
sub-paragraphs 2 (a) and 2 (b) of this Article only if such compliance is not
feasible due to forcible loss of control of the area as a result of enemy military
action, including situations where direct enemy military action makes it
impossible to comply. If that party regains control of the area, it shall resume
compliance with the provisions of sub-paragraphs 2 (a) and 2 (b) of this Article.
4. If the forces of a party to a conflict gain control of an area in which weapons to
which this Article applies have been laid, such forces shall, to the maximum
extent feasible, maintain and, if necessary, establish the protections required by
this Article until such weapons have been cleared.
5. All feasible measures shall be taken to prevent the unauthorized removal,
defacement, destruction or concealment of any device, system or material used
to establish the perimeter of a perimeter-marked area.
6. Weapons to which this Article applies which propel fragments in a horizontal
arc of less than 90 degrees and which are placed on or above the ground may be
used without the measures provided for in sub-paragraph 2 (a) of this Article
for a maximum period of 72 hours, if:
a) they are located in immediate proximity to the military unit that emplaced
them; and
b) the area is monitored by military personnel to ensure the effective exclusion
of civilians.
422 PROTOCOL ON PROHIBITIONS

ARTICLE 6
Restrictions on the use of remotely-delivered mines
1. It is prohibited to use remotely-delivered mines unless they are recorded in
accordance with sub-paragraph I (b) of the Technical Annex.
2. It is prohibited to use remotely-delivered anti-personnel mines which are not in
compliance with the provisions on self-destruction and self-deactivation in the
Technical Annex.
3. It is prohibited to use remotely-delivered mines other than anti-personnel mines,
unless, to the extent feasible, they are equipped with an effective self-destruction
or self-neutralization mechanism and have a back-up self-deactivation feature,
which is designed so that the mine will no longer function as a mine when the
mine no longer serves the military purpose for which it was placed in position.
4. Effective advance warning shall be given of any delivery or dropping of
remotely-delivered mines which may affect the civilian population, unless
circumstances do not permit.

ARTICLE 7
Prohibitions on the use of booby-traps and other devices
1. Without prejudice to the rules of international law applicable in armed conflict
relating to treachery and perfidy, it is prohibited in all circumstances to use
booby-traps and other devices which are in any way attached to or associated
with:
a) internationally recognized protective emblems, signs or signals;
b) sick, wounded or dead persons;
c) burial or cremation sites or graves;
d) medical facilities, medical equipment, medical supplies or medical
transportation;
e) childrens toys or other portable objects or products specially designed for
the feeding, health, hygiene, clothing or education of children;
f) food or drink;
g) kitchen utensils or appliances except in military establishments, military
locations or military supply depots;
h) objects clearly of a religious nature;
i) historic monuments, works of art or places of worship which constitute the
cultural or spiritual heritage of peoples; or
j) animals or their carcasses.
2. It is prohibited to use booby-traps or other devices in the form of apparently
harmless portable objects which are specifically designed and constructed to
contain explosive material.
RESTRICTIONS ON THE USE OF MINES AND BOOBY-TRAPS 423

3. Without prejudice to the provisions of Article 3, it is prohibited to use weapons


to which this Article applies in any city, town, village or other area containing a
similar concentration of civilians in which combat between ground forces is not
taking place or does not appear to be imminent, unless either:
a) they are placed on or in the close vicinity of a military objective; or
b) measures are taken to protect civilians from their effects, for example, the
posting of warning sentries, the issuing of warnings or the provision of
fences.

ARTICLE 8
Transfers
1. In order to promote the purposes of this Protocol, each High Contracting Party:
a) undertakes not to transfer any mine the use of which is prohibited by this
Protocol;
b) undertakes not to transfer any mine to any recipient other than a State or a
State agency authorized to receive such transfers;
c) undertakes to exercise restraint in the transfer of any mine the use of which
is restricted by this Protocol. In particular, each High Contracting Party
undertakes not to transfer any anti-personnel mines to States which are not
bound by this Protocol, unless the recipient State agrees to apply this
Protocol; and
d) undertakes to ensure that any transfer in accordance with this Article takes
place in full compliance, by both the transferring and the recipient State,
with the relevant provisions of this Protocol and the applicable norms of
international humanitarian law.
2. In the event that a High Contracting Party declares that it will defer compliance
with specific provisions on the use of certain mines, as provided for in the
Technical Annex, sub-paragraph 1 (a) of this Article shall however apply to such
mines.
3. All High Contracting Parties, pending the entry into force of this Protocol, will
refrain from any actions which would be inconsistent with sub-paragraph 1 (a)
of this Article.

ARTICLE 9
Recording and use of information
on minefields, mined areas, mines, booby-traps and other devices.
1. All information concerning minefields, mined areas, mines, booby-traps and
other devices shall be recorded in accordance with the provisions of the
Technical Annex.
424 PROTOCOL ON PROHIBITIONS

2. All such records shall be retained by the parties to a conflict, who shall, without
delay after the cessation of active hostilities, take all necessary and appropriate
measures, including the use of such information, to protect civilians from the
effects of minefields, mined areas, mines, booby-traps and other devices in
areas under their control.
At the same time, they shall also make available to the other party or parties to the
conflict and to the Secretary-General of the United Nations all such information
in their possession concerning minefields, mined areas, mines, booby-traps and
other devices laid by them in areas no longer under their control; provided,
however, subject to reciprocity, where the forces of a party to a conflict are in the
territory of an adverse party, either party may withhold such information from
the Secretary-General and the other party to the extent that security interests
require such withholding, until neither party is in the territory of the other. In the
latter case, the information withheld shall be disclosed as soon as those security
interests permit. Wherever possible, the parties to the conflict shall seek, by
mutual agreement, to provide for the release of such information at the earliest
possible time in a manner consistent with the security interests of each party.
3. This Article is without prejudice to the provisions of Articles 10 and 12 of this
Protocol.

ARTICLE 10
Removal of minefields, mined areas, mines, booby-traps
and other devices and international cooperation
1. Without delay after the cessation of active hostilities, all minefields, mined
areas, mines, booby-traps and other devices shall be cleared, removed,
destroyed or maintained in accordance with Article 3 and paragraph 2 of
Article 5 of this Protocol.
2. High Contracting Parties and parties to a conflict bear such responsibility with
respect to minefields, mined areas, mines, booby-traps and other devices in
areas under their control.
3. With respect to minefields, mined areas, mines. booby-traps and other devices
laid by a party in areas over which it no longer exercises control, such party shall
provide to the party in control of the area pursuant to paragraph 2 of this
Article, to the extent permitted by such party, technical and material assistance
necessary to fulfil such responsibility.
4. At all times necessary, the parties shall endeavour to reach agreement, both
among themselves and, where appropriate, with other States and with
international organizations, on the provision of technical and material
assistance, including, in appropriate circumstances, the undertaking of joint
operations necessary to fulfil such responsibilities.
RESTRICTIONS ON THE USE OF MINES AND BOOBY-TRAPS 425

ARTICLE 11
Technological cooperation and assistance
1. Each High Contracting Party undertakes to facilitate and shall have the right to
participate in the fullest possible exchange of equipment, material and scientific
and technological information concerning the implementation of this Protocol
and means of mine clearance. In particular, High Contracting Parties shall not
impose undue restrictions on the provision of mine clearance equipment and
related technological information for humanitarian purposes.
2. Each High Contracting Party undertakes to provide information to the
database on mine clearance established within the United Nations System,
especially information concerning various means and technologies of mine
clearance and lists of experts, expert agencies or national points of contact on
mine clearance.
3. Each High Contracting Party in a position to do so shall provide assistance for
mine clearance through the United Nations System, other international bodies
or on a bilateral basis, or contribute to the United Nations Voluntary Trust Fund
for Assistance in Mine Clearance.
4. Requests by High Contracting Parties for assistance, substantiated by relevant
information, may be submitted to the United Nations, to other appropriate
bodies or to other States. These requests may be submitted to the Secretary-
General of the United Nations, who shall transmit them to all High Contracting
Parties and to relevant international organizations.
5. In the case of requests to the United Nations, the Secretary-General of the
United Nations, within the resources available to the Secretary-General of the
United Nations, may take appropriate steps to assess the situation and, in
cooperation with the requesting High Contracting Party, determine the
appropriate provision of assistance in mine clearance or implementation of the
Protocol. The Secretary-General may also report to High Contracting Parties
on any such assessment as well as on the type and scope of assistance required.
6. Without prejudice to their constitutional and other legal provisions, the High
Contracting Parties undertake to cooperate and transfer technology to facilitate
the implementation of the relevant prohibitions and restrictions set out in this
Protocol.
7. Each High Contracting Party has the right to seek and receive technical
assistance, where appropriate, from another High Contracting Party on specific
relevant technology, other than weapons technology, as necessary and feasible,
with a view to reducing any period of deferral for which provision is made in
the Technical Annex.
426 PROTOCOL ON PROHIBITIONS

ARTICLE 12
Protection from the effects of minefields, mined areas, mines, booby-traps
and other devices
1. Application
a) With the exception of the forces and missions referred to in sub-
paragraph 2 (a) (i) of this Article, this Article applies only to missions which
are performing functions in an area with the consent of the High
Contracting Party on whose territory the functions are performed.
b) The application of the provisions of this Article to parties to a conflict which
are not High Contracting Parties shall not change their legal status or the
legal status of a disputed territory, either explicitly or implicitly.
c) The provisions of this Article are without prejudice to existing international
humanitarian law, or other international instruments as applicable, or
decisions by the Security Council of the United Nations, which provide for
a higher level of protection to personnel functioning in accordance with this
Article.
2. Peace-keeping and certain other forces and missions
a) This paragraph applies to:
i) any United Nations force or mission performing peace-keeping,
observation or similar functions in any area in accordance with the
Charter of the United Nations;
ii) any mission established pursuant to Chapter VIII of the Charter of
the United Nations and performing its functions in the area of a
conflict.
b) Each High Contracting Party or party to a conflict, if so requested by the
head of a force or mission to which this paragraph applies, shall:
i) so far as it is able, take such measures as are necessary to protect the
force or mission from the effects of mines, booby-traps and other
devices in any area under its control;
ii) if necessary in order effectively to protect such personnel, remove
or render harmless, so far as it is able, all mines, booby-traps and
other devices in that area; and
iii) inform the head of the force or mission of the location of all known
minefields, mined areas, mines, booby-traps and other devices in
the area in which the force or mission is performing its functions
and, so far as is feasible, make available to the head of the force or
mission all information in its possession concerning such mine
fields, mined areas, mines, booby-traps and other devices.
3. Humanitarian and fact-finding missions of the United Nations System
a) This paragraph applies to any humanitarian or fact-finding mission of the
United Nations System.
RESTRICTIONS ON THE USE OF MINES AND BOOBY-TRAPS 427

b) Each High Contracting Party or party to a conflict, if so requested by the


head of a mission to which this paragraph applies, shall:
i) provide the personnel of the mission with the protections set out in
sub-paragraph 2 (b) (i) of this Article; and
ii) if access to or through any place under its control is necessary for
the performance of the missions functions and in order to provide
the personnel of the mission with safe passage to or through that
place:
(aa) unless on-going hostilities prevent, inform the head of the mission
of a safe route to that place if such information is available; or
(bb) if information identifying a safe route is not provided in accor-
dance with sub-paragraph (aa), so far as is necessary and feasible,
clear a lane through minefields.

4. Missions of the International Committee of the Red Cross


a) This paragraph applies to any mission of the International Committee of the
Red Cross performing functions with the consent of the host State or States
as provided for by the Geneva Conventions of 12 August 1949 and, where
applicable, their Additional Protocols.
b) Each High Contracting Party or party to a conflict, if so requested by the
head of a mission to which this paragraph applies, shall:
i) provide the personnel of the mission with the protections set out in
sub-paragraph 2 (b) (i) of this Article; and
ii) take the measures set out in sub-paragraph 3 (b) (ii) of this Article.

5. Other humanitarian missions and missions of enquiry


a) Insofar as paragraphs 2, 3 and 4 above do not apply to them, this paragraph
applies to the following missions when they are performing functions in the
area of a conflict or to assist the victims of a conflict:
i) any humanitarian mission of a national Red Cross or Red Crescent
Society or of their International Federation;
ii) any mission of an impartial humanitarian organization, including
any impartial humanitarian demining mission; and
iii) any mission of enquiry established pursuant to the provisions of the
Geneva Conventions of 12 August 1949 and, where applicable, their
Additional Protocols.
b) Each High Contracting Party or party to a conflict, if so requested by the
head of a mission to which this paragraph applies, shall, so far as is feasible:
i) provide the personnel of the mission with the protections set out in
sub-paragraph 2 (b) (i) of this Article; and
ii) take the measures set out in sub-paragraph 3 (b) (ii) of this Article.
428 PROTOCOL ON PROHIBITIONS

6. Confidentiality
All information provided in confidence pursuant to this Article shall be treated
by the recipient in strict confidence and shall not be released outside the force
or mission concerned without the express authorization of the provider of the
information.
7. Respect for laws and regulations
Without prejudice to such privileges and immunities as they may enjoy or to the
requirements of their duties, personnel participating in the forces and missions
referred to in this Article shall:
a) respect the laws and regulations of the host State; and
b) refrain from any action or activity incompatible with the impartial and
international nature of their duties.

ARTICLE 13
Consultations of High Contracting Parties
1. The High Contracting Parties undertake to consult and cooperate with each
other on all issues related to the operation of this Protocol. For this purpose, a
conference of High Contracting Parties shall be held annually.
2. Participation in the annual conferences shall be determined by their agreed
Rules of Procedure.
3. The work of the conference shall include:
a) review of the operation and status of this Protocol;
b) consideration of matters arising from reports by High Contracting Parties
according to paragraph 4 of this Article;
c) preparation for review conferences; and
d) consideration of the development of technologies to protect civilians against
indiscriminate effects of mines.
4. The High Contracting Parties shall provide annual reports to the Depositary,
who shall circulate them to all High Contracting Parties in advance of the
Conference, on any of the following matters:
a) dissemination of information on this Protocol to their armed forces and to
the civilian population;
b) mine clearance and rehabilitation programmes;
c) steps taken to meet technical requirements of this Protocol and any other
relevant information pertaining thereto;
d) legislation related to this Protocol;
RESTRICTIONS ON THE USE OF MINES AND BOOBY-TRAPS 429

e) measures taken on international technical information exchange, on


international cooperation on mine clearance, and on technical cooperation
and assistance; and
f) other relevant matters.
5. The cost of the Conference of High Contracting Parties shall be borne by the
High Contracting Parties and States not parties participating in the work of the
Conference, in accordance with the United Nations scale of assessment adjusted
appropriately.

ARTICLE 14
Compliance
1. Each High Contracting Party shall take all appropriate steps, including
legislative and other measures, to prevent and suppress violations of this
Protocol by persons or on territory under its jurisdiction or control.
2. The measures envisaged in paragraph 1 of this Article include appropriate
measures to ensure the imposition of penal sanctions against persons who, in
relation to an armed conflict and contrary to the provisions of this Protocol,
wilfully kill or cause serious injury to civilians and to bring such persons to
justice.
3. Each High Contracting Party shall also require that its armed forces issue
relevant military instructions and operating procedures and that armed forces
personnel receive training commensurate with their duties and responsibilities
to comply with the provisions of this Protocol.
4. The High Contracting Parties undertake to consult each other and to cooperate
with each other bilaterally, through the Secretary-General of the United Nations
or through other appropriate international procedures, to resolve any problems
that may arise with regard to the interpretation and application of the
provisions of this Protocol.
TECHNICAL ANNEX
TO THE PROTOCOL ON PROHIBITIONS OR RESTRICTIONS
ON THE USE OF MINES, BOOBY-TRAPS
AND OTHER DEVICES

(as amended on 3 May 1996)


1. Recording
a) Recording of the location of mines other than remotely-delivered mines,
minefields, mined areas, booby-traps and other devices shall be carried out
in accordance with the following provisions:
i) the location of the minefields, mined areas and areas of booby-traps and
other devices shall be specified accurately by relation to the coordinates
of at least two reference points and the estimated dimensions of the area
containing these weapons in relation to those reference points;
ii) maps, diagrams or other records shall be made in such a way as to
indicate the location of minefields, mined areas, booby-traps and
other devices in relation to reference points, and these records shall
also indicate their perimeters and extent;
iii) for purposes of detection and clearance of mines, booby-traps and
other devices, maps, diagrams or other records shall contain
complete information on the type, number, emplacing method,
type of fuse and life time, date and time of laying, anti-handling
devices (if any) and other relevant information on all these weapons
laid. Whenever feasible the minefield record shall show the exact
location of every mine, except in row minefields where the row
location is sufficient. The precise location and operating
mechanism of each booby-trap laid shall be individually recorded.
b) The estimated location and area of remotely-delivered mines shall be
specified by coordinates of reference points (normally corner points) and
shall be ascertained and when feasible marked on the ground at the earliest
opportunity. The total number and types of mines laid, the date and time of
laying and the self-destruction time periods shall also be recorded.
c) Copies of records shall be held at a level of command sufficient to guarantee
their safety as far as possible.
d) The use of mines produced after the entry into force of this Protocol is
prohibited unless they are marked in English or in the respective national
language or languages with the following information:
i) name of the country of origin;
ii) month and year of production; and
iii) serial number or lot number.
The marking should be visible, legible, durable and resistant to environmental
effects, as far as possible.
TECHNICAL ANNEX TO THE PROTOCOL ON PROHIBITIONS 431

2. Specifications on detectability
a) With respect to anti-personnel mines produced after 1 January 1997, such
mines shall incorporate in their construction a material or device that
enables the mine to be detected by commonly-available technical mine
detection equipment and provides a response signal equivalent to a signal
from 8 grammes or more of iron in a single coherent mass.
b) With respect to anti-personnel mines produced before 1 January 1997, such
mines shall either incorporate in their construction, or have attached prior
to their emplacement, in a manner not easily removable, a material or device
that enables the mine to be detected by commonly-available technical mine
detection equipment and provides a response signal equivalent to a signal
from 8 grammes or more of iron in a single coherent mass.
c) In the event that a High Contracting Party determines that it cannot
immediately comply with sub-paragraph b), it may declare at the time of its
notification of consent to be bound by this Protocol that it will defer
compliance with sub-paragraph b) for a period not to exceed 9 years from
the entry into force of this Protocol. In the meantime it shall, to the extent
feasible, minimize the use of anti-personnel mines that do not so comply.

3. Specifications on self-destruction and self-deactivation


a) All remotely-delivered anti-personnel mines shall be designed and
constructed so that no more than 10% of activated mines will fail to self-
destruct within 30 days after emplacement, and each mine shall have a back-
up self-deactivation feature designed and constructed so that, in
combination with the self-destruction mechanism, no more than one in one
thousand activated mines will function as a mine 120 days after
emplacement.
b) All non-remotely delivered anti-personnel mines, used outside marked areas,
as defined in Article 5 of this Protocol, shall comply with the requirements for
self-destruction and self-deactivation stated in sub-paragraph (a).
c) In the event that a High Contracting Party determines that it cannot
immediately comply with sub-paragraphs (a) and/or (b), it may declare at
the time of its notification of consent to be bound by this Protocol, that it
will, with respect to mines produced prior to the entry into force of this
Protocol defer compliance with sub-paragraphs (a) and/or (b) for a period
not to exceed 9 years from the entry into force of this Protocol. During this
period of deferral, the High Contracting Party shall:
i) undertake to minimize, to the extent feasible, the use of
anti-personnel mines that do not so comply, and
ii) with respect to remotely-delivered anti-personnel mines, comply
with either the requirements for self-destruction or the requirements
for self-deactivation and, with respect to other anti-personnel
mines comply with at least the requirements for self-deactivation.
432 RESTRICTIONS ON THE USE OF MINES AND BOOBY- TRAPS

4. International signs for minefields and mined areas


Signs similar to the example attached [1] and as specified below shall be utilized
in the marking of minefields and mined areas to ensure their visibility and
recognition by the civilian population:
a) size and shape: a triangle or square no smaller than 28 centimetres
(11 inches) by 20 centimetres (7.9 inches) for a triangle, and 15 centimetres
(6 inches) per side for a square;
b) colour: red or orange with a yellow reflecting border
c) symbol: the symbol illustrated in the Attachment, or an alternative readily
recognizable in the area in which the sign is to be displayed as identifying a
dangerous area;
d) language: the sign should contain the word mines in one of the six official
languages of the Convention (Arabic, Chinese, English, French, Russian and
Spanish) and the language or languages prevalent in that area;
e) spacing: signs should be placed around the minefield or mined area at a
distance sufficient to ensure their visibility at any point by a civilian
approaching the area.

[1]

Warning Sign for Areas Containing Mines


RESTRICTIONS ON THE USE OF MINES AND BOOBY-TRAPS 433

PROTOCOL ON PROHIBITIONS OR RESTRICTIONS


ON THE USE OF INCENDIARY WEAPONS
(PROTOCOL III)

ARTICLE 1
Definitions
For the purpose of this Protocol:
1. Incendiary weapon means any weapon or munition which is primarily
designed to set fire to objects or to cause burn injury to persons through the
action of flame, heat, or a combination thereof, produced by a chemical reaction
of a substance delivered on the target.
a) Incendiary weapons can take the form of, for example, flame throwers,
fougasses, shells, rockets, grenades, mines, bombs and other containers of
incendiary substances.
b) Incendiary weapons do not include:
i) Munitions which may have incidental incendiary effects, such as
illuminants, tracers, smoke or signalling systems;
ii) Munitions designed to combine penetration, blast or fragmentation
effects with an additional incendiary effect, such as armour-piercing
projectiles, fragmentation shells, explosive bombs and similar
combined-effects munitions in which the incendiary effect is not
specifically designed to cause burn injury to persons, but to be used
against military objectives, such as armoured vehicles, aircraft and
installations or facilities.
2. Concentration of civilians means any concentration of civilians, be it
permanent or temporary, such as in inhabited parts of cities, or inhabited towns
or villages, or as in camps or columns of refugees or evacuees, or groups of
nomads.
3. Military objective means, so far as objects are concerned, any object which by
its nature, location, purpose or use makes an effective contribution to military
action and whose total or partial destruction, capture or neutralization, in the
circumstances ruling at the time, offers a definite military advantage.
4. Civilian objects are all objects which are not military objectives as defined in
paragraph 3.
5. Feasible precautions are those precautions which are practicable or practically
possible taking into account all circumstances ruling at the time, including
humanitarian and military considerations.
434 PROTOCOL ON PROHIBITIONS

ARTICLE 2
Protection of civilians and civilian objects
1. It is prohibited in all circumstances to make the civilian population as such,
individual civilians or civilian objects the object of attack by incendiary
weapons.
2. It is prohibited in all circumstances to make any military objective located
within a concentration of civilians the object of attack by air-delivered
incendiary weapons.
3. It is further prohibited to make any military objective located within a
concentration of civilians the object of attack by means of incendiary weapons
other than air-delivered incendiary weapons, except when such military
objective is clearly separated from the concentration of civilians and all feasible
precautions are taken with a view to limiting the incendiary effects to the
military objective and to avoiding, and in any event to minimizing, incidental
loss of civilian life, injury to civilians and damage to civilian objects.
4. It is prohibited to make forests or other kinds of plant cover the object of attack
by incendiary weapons except when such natural elements are used to cover,
conceal or camouflage combatants or other military objectives, or are
themselves military objectives.
RESTRICTIONS ON THE USE OF MINES AND BOOBY-TRAPS 435

PROTOCOL ON BLINDING LASER WEAPONS

(PROTOCOL IV)

13 October 1995

ARTICLE 1
It is prohibited to employ laser weapons specifically designed, as their sole
combat function or as one of their combat functions, to cause permanent blindness
to unenhanced vision, that is to the naked eye or to the eye with corrective eyesight
devices. The High Contracting Parties shall not transfer such weapons to any State
or non-State entity.

ARTICLE 2
In the employment of laser systems, the High Contracting Parties shall take all
feasible precautions to avoid the incidence of permanent blindness to unenhanced
vision. Such precautions shall include training of their armed forces and other
practical measures.

ARTICLE 3
Blinding as an incidental or collateral effect of the legitimate military
employment of laser systems, including laser systems used against optical
equipment, is not covered by the prohibition of this Protocol.

ARTICLE 4
For the purpose of this protocol permanent blindness means irreversible and
uncorrectable loss of vision which is seriously disabling with no prospect of
recovery. Serious disability is equivalent to visual acuity of less than 20/200 Snellen
measured using both eyes.
436 PROTOCOL V OF 2003

PROTOCOL ON EXPLOSIVE REMNANTS OF WAR

(PROTOCOL V)

28 November 2003

The High Contracting Parties,


Recognising the serious post-conflict humanitarian problems caused by
explosive remnants of war,
Conscious of the need to conclude a Protocol on post-conflict remedial measures
of a generic nature in order to minimise the risks and effects of explosive remnants
of war,
And willing to address generic preventive measures, through voluntary best
practices specified in a Technical Annex for improving the reliability of munitions,
and therefore minimising the occurrence of explosive remnants of war,
Have agreed as follows:

ARTICLE 1
General provision and scope of application
1. In conformity with the Charter of the United Nations and of the rules of the
international law of armed conflict applicable to them, High Contracting
Parties agree to comply with the obligations specified in this Protocol, both
individually and in co-operation with other High Contracting Parties, to
minimise the risks and effects of explosive remnants of war in post-conflict
situations.
2. This Protocol shall apply to explosive remnants of war on the land territory
including internal waters of High Contracting Parties.
3. This Protocol shall apply to situations resulting from conflicts referred
to in Article 1, paragraphs 1 to 6, of the Convention, as amended on
21 December 2001.
4. Articles 3, 4, 5 and 8 of this Protocol apply to explosive remnants of war other
than existing explosive remnants of war as defined in Article 2, paragraph 5 of
this Protocol.
PROTOCOL ON EXPLOSIVE REMNANTS OF WAR 437

ARTICLE 2
Definitions
For the purpose of this Protocol,
1. Explosive ordnance means conventional munitions containing explosives, with
the exception of mines, booby traps and other devices as defined in Protocol II
of this Convention as amended on 3 May 1996.
2. Unexploded ordnance means explosive ordnance that has been primed, fused,
armed, or otherwise prepared for use and used in an armed conflict. It may have
been fired, dropped, launched or projected and should have exploded but failed
to do so.
3. Abandoned explosive ordnance means explosive ordnance that has not been
used during an armed conflict, that has been left behind or dumped by a party
to an armed conflict, and which is no longer under control of the party that left
it behind or dumped it. Abandoned explosive ordnance may or may not have
been primed, fused, armed or otherwise prepared for use.
4. Explosive remnants of war means unexploded ordnance and abandoned
explosive ordnance.
5. Existing explosive remnants of war means unexploded ordnance and abandoned
explosive ordnance that existed prior to the entry into force of this Protocol for
the High Contracting Party on whose territory it exists.

ARTICLE 3
Clearance, removal or destruction of explosive remnants of war
1. Each High Contracting Party and party to an armed conflict shall bear the
responsibilities set out in this Article with respect to all explosive remnants of
war in territory under its control. In cases where a user of explosive ordnance
which has become explosive remnants of war, does not exercise control of the
territory, the user shall, after the cessation of active hostilities, provide where
feasible, inter alia technical, financial, material or human resources assistance,
bilaterally or through a mutually agreed third party, including inter alia through
the United Nations system or other relevant organisations, to facilitate the
marking and clearance, removal or destruction of such explosive remnants of
war.
2. After the cessation of active hostilities and as soon as feasible, each High
Contracting Party and party to an armed conflict shall mark and clear, remove
or destroy explosive remnants of war in affected territories under its control.
Areas affected by explosive remnants of war which are assessed pursuant to
paragraph 3 of this Article as posing a serious humanitarian risk shall be
accorded priority status for clearance, removal or destruction.
438 PROTOCOL V OF 2003

3. After the cessation of active hostilities and as soon as feasible, each High
Contracting Party and party to an armed conflict shall take the following
measures in affected territories under its control, to reduce the risks posed by
explosive remnants of war:
a) survey and assess the threat posed by explosive remnants of war;
b) assess and prioritise needs and practicability in terms of marking and
clearance, removal or destruction;
c) mark and clear, remove or destroy explosive remnants of war;
d) take steps to mobilise resources to carry out these activities.
4. In conducting the above activities High Contracting Parties and parties to an
armed conflict shall take into account international standards, including the
International Mine Action Standards.
5. High Contracting Parties shall co-operate, where appropriate, both among
themselves and with other states, relevant regional and international
organisations and non-governmental organisations on the provision of inter
alia technical, financial, material and human resources assistance including, in
appropriate circumstances, the undertaking of joint operations necessary to
fulfil the provisions of this Article.

ARTICLE 4
Recording, retaining and transmission of information
1. High Contracting Parties and parties to an armed conflict shall to the maximum
extent possible and as far as practicable record and retain information on the use
of explosive ordnance or abandonment of explosive ordnance, to facilitate the
rapid marking and clearance, removal or destruction of explosive remnants of
war, risk education and the provision of relevant information to the party in
control of the territory and to civilian populations in that territory.
2. High Contracting Parties and parties to an armed conflict which have used or
abandoned explosive ordnance which may have become explosive remnants of
war shall, without delay after the cessation of active hostilities and as far as
practicable, subject to these parties legitimate security interests, make available
such information to the party or parties in control of the affected area,
bilaterally or through a mutually agreed third party including inter alia the
United Nations or, upon request, to other relevant organisations which the party
providing the information is satisfied are or will be undertaking risk education
and the marking and clearance, removal or destruction of explosive remnants
of war in the affected area.
3. In recording, retaining and transmitting such information, the High
Contracting Parties should have regard to Part 1 of the Technical Annex.
PROTOCOL ON EXPLOSIVE REMNANTS OF WAR 439

ARTICLE 5
Other precautions for the protection
of the civilian population, individual civilians and civilian objects
from the risks and effects of explosive remnants of war
1. High Contracting Parties and parties to an armed conflict shall take all feasible
precautions in the territory under their control affected by explosive remnants
of war to protect the civilian population, individual civilians and civilian
objects from the risks and effects of explosive remnants of war. Feasible
precautions are those precautions which are practicable or practicably possible,
taking into account all circumstances ruling at the time, including
humanitarian and military considerations. These precautions may include
warnings, risk education to the civilian population, marking, fencing and
monitoring of territory affected by explosive remnants of war, as set out in
Part 2 of the Technical Annex.

ARTICLE 6
Provisions for the protection
of humanitarian missions and organisations
from the effects of explosive remnants of war
1. Each High Contracting Party and party to an armed conflict shall:
a) Protect, as far as feasible, from the effects of explosive remnants of war,
humanitarian missions and organisations that are or will be operating in the
area under the control of the High Contracting Party or party to an armed
conflict and with that partys consent.
b) Upon request by such a humanitarian mission or organisation, provide, as
far as feasible, information on the location of all explosive remnants of war
that it is aware of in territory where the requesting humanitarian mission or
organisation will operate or is operating.
2. The provisions of this Article are without prejudice to existing International
Humanitarian Law or other international instruments as applicable or decisions
by the Security Council of the United Nations which provide for a higher level
of protection.

ARTICLE 7
Assistance with respect to existing explosive remnants of war
1. Each High Contracting Party has the right to seek and receive assistance, where
appropriate, from other High Contracting Parties, from states non-party and
relevant international organisations and institutions in dealing with the
problems posed by existing explosive remnants of war.
440 PROTOCOL V OF 2003

2. Each High Contracting Party in a position to do so shall provide assistance in


dealing with the problems posed by existing explosive remnants of war, as
necessary and feasible. In so doing, High Contracting Parties shall also take into
account the humanitarian objectives of this Protocol, as well as international
standards including the International Mine Action Standards.

ARTICLE 8
Co-operation and assistance
1. Each High Contracting Party in a position to do so shall provide assistance for
the marking and clearance, removal or destruction of explosive remnants of
war, and for risk education to civilian populations and related activities inter
alia through the United Nations system, other relevant international, regional or
national organisations or institutions, the International Committee of the Red
Cross, national Red Cross and Red Crescent societies and their International
Federation, non-governmental organisations, or on a bilateral basis.
2. Each High Contracting Party in a position to do so shall provide assistance for
the care and rehabilitation and social and economic reintegration of victims of
explosive remnants of war. Such assistance may be provided inter alia through
the United Nations system, relevant international, regional or national
organisations or institutions, the International Committee of the Red Cross,
national Red Cross and Red Crescent societies and their International
Federation, non-governmental organisations, or on a bilateral basis.
3. Each High Contracting Party in a position to do so shall contribute to trust
funds within the United Nations system, as well as other relevant trust funds, to
facilitate the provision of assistance under this Protocol.
4. Each High Contracting Party shall have the right to participate in the fullest
possible exchange of equipment, material and scientific and technological
information other than weapons related technology, necessary for the
implementation of this Protocol. High Contracting Parties undertake to
facilitate such exchanges in accordance with national legislation and shall not
impose undue restrictions on the provision of clearance equipment and related
technological information for humanitarian purposes.
5. Each High Contracting Party undertakes to provide information to the relevant
databases on mine action established within the United Nations system,
especially information concerning various means and technologies of clearance
of explosive remnants of war, lists of experts, expert agencies or national points
of contact on clearance of explosive remnants of war and, on a voluntary basis,
technical information on relevant types of explosive ordnance.
6. High Contracting Parties may submit requests for assistance substantiated by
relevant information to the United Nations, to other appropriate bodies or to
PROTOCOL ON EXPLOSIVE REMNANTS OF WAR 441

other states. These requests may be submitted to the Secretary-General of the


United Nations, who shall transmit them to all High Contracting Parties and to
relevant international organisations and non-governmental organisations.
7. In the case of requests to the United Nations, the Secretary-General of the
United Nations, within the resources available to the Secretary-General of the
United Nations, may take appropriate steps to assess the situation and in co-
operation with the requesting High Contracting Party and other High
Contracting Parties with responsibility as set out in Article 3 above, recommend
the appropriate provision of assistance. The Secretary-General may also report
to High Contracting Parties on any such assessment as well as on the type and
scope of assistance required, including possible contributions from the trust
funds established within the United Nations system.

ARTICLE 9
Generic preventive measures
1. Bearing in mind the different situations and capacities, each High Contracting
Party is encouraged to take generic preventive measures aimed at minimising
the occurrence of explosive remnants of war, including, but not limited to, those
referred to in Part 3 of the Technical Annex.
2. Each High Contracting Party may, on a voluntary basis, exchange information
related to efforts to promote and establish best practices in respect of
paragraph 1 of this Article.

ARTICLE 10
Consultations of High Contracting Parties
1. The High Contracting Parties undertake to consult and co-operate with each
other on all issues related to the operation of this Protocol. For this purpose, a
Conference of High Contracting Parties shall be held as agreed to by a majority,
but no less than eighteen High Contracting Parties.
2. The work of the conferences of High Contracting Parties shall include:
a) review of the status and operation of this Protocol;
b) consideration of matters pertaining to national implementation of this
Protocol, including national reporting or updating on an annual basis;
c) preparation for review conferences.
3. The costs of the Conference of High Contracting Parties shall be borne by the
High Contracting Parties and States not parties participating in the Conference,
in accordance with the United Nations scale of assessment adjusted
appropriately.
442 PROTOCOL V OF 2003

ARTICLE 11
Compliance
1. Each High Contracting Party shall require that its armed forces and relevant
agencies or departments issue appropriate instructions and operating
procedures and that its personnel receive training consistent with the relevant
provisions of this Protocol.
2. The High Contracting Parties undertake to consult each other and to co-
operate with each other bilaterally, through the Secretary-General of the United
Nations or through other appropriate international procedures, to resolve any
problems that may arise with regard to the interpretation and application of the
provisions of this Protocol.
PROTOCOL ON EXPLOSIVE REMNANTS OF WAR TECHNICAL ANNEX 443

TECHNICAL ANNEX

This Technical Annex contains suggested best practice for achieving the
objectives contained in Articles 4, 5 and 9 of this Protocol. This Technical Annex
will be implemented by High Contracting Parties on a voluntary basis.
1. Recording, storage and release of information for Unexploded Ordnance
(UXO) and Abandoned Explosive Ordnance (AXO)
a) Recording of information: Regarding explosive ordnance which may have
become UXO a State should endeavour to record the following information
as accurately as possible:
i) the location of areas targeted using explosive ordnance;
ii) the approximate number of explosive ordnance used in the areas
under (i);
iii) the type and nature of explosive ordnance used in areas under (i);
iv) the general location of known and probable UXO;
Where a State has been obliged to abandon explosive ordnance in the course
of operations, it should endeavour to leave AXO in a safe and secure manner
and record information on this ordnance as follows:
v) the location of AXO;
vi) the approximate amount of AXO at each specific site;
vii) the types of AXO at each specific site.
b) Storage of information: Where a State has recorded information in accordance
with paragraph (a), it should be stored in such a manner as to allow for its
retrieval and subsequent release in accordance with paragraph (c).
c) Release of information: Information recorded and stored by a State in
accordance with paragraphs (a) and (b) should, taking into account the
security interests and other obligations of the State providing the
information, be released in accordance with the following provisions:
i) Content:
On UXO the released information should contain details on:
1) the general location of known and probable UXO;
2) the types and approximate number of explosive ordnance used in
the targeted areas;
3) the method of identifying the explosive ordnance including colour,
size and shape and other relevant markings;
4) the method for safe disposal of the explosive ordnance.
On AXO the released information should contain details on:
5) the location of the AXO;
6) the approximate number of AXO at each specific site;
7) the types of AXO at each specific site;
8) the method of identifying the AXO, including colour, size and shape;
444 PROTOCOL V OF 2003

9) information on type and methods of packing for AXO;


10) state of readiness;
11) the location and nature of any booby traps known to be present in
the area of AXO.
ii) Recipient: The information should be released to the party or
parties in control of the affected territory and to those persons or
institutions that the releasing State is satisfied are, or will be,
involved in UXO or AXO clearance in the affected area, in the
education of the civilian population on the risks of UXO or AXO.
iii) Mechanism: A State should, where feasible, make use of those
mechanisms established internationally or locally for the release of
information, such as through UNMAS, IMSMA, and other expert
agencies, as considered appropriate by the releasing State.
iv) Timing: The information should be released as soon as possible,
taking into account such matters as any ongoing military and
humanitarian operations in the affected areas, the availability and
reliability of information and relevant security issues.
2. Warnings, risk education, marking, fencing and monitoring
Key terms
a) Warnings are the punctual provision of cautionary information to the
civilian population, intended to minimise risks caused by explosive
remnants of war in affected territories.
b) Risk education to the civilian population should consist of risk education
programmes to facilitate information exchange between affected
communities, government authorities and humanitarian organisations so that
affected communities are informed about the threat from explosive remnants
of war. Risk education programmes are usually a long-term activity.
Best practice elements of warnings and risk education
c) All programmes of warnings and risk education should, where possible, take
into account prevailing national and international standards, including the
International Mine Action Standards.
d) Warnings and risk education should be provided to the affected civilian
population which comprises civilians living in or around areas containing
explosive remnants of war and civilians who transit such areas.
e) Warnings should be given, as soon as possible, depending on the context and
the information available. A risk education programme should replace a
warnings programme as soon as possible.Warnings and risk education always
should be provided to the affected communities at the earliest possible time.
f) Parties to a conflict should employ third parties such as international
organisations and non-governmental organisations when they do not have
the resources and skills to deliver efficient risk education.
PROTOCOL ON EXPLOSIVE REMNANTS OF WAR TECHNICAL ANNEX 445

g) Parties to a conflict should, if possible, provide additional resources for


warnings and risk education. Such items might include: provision of
logistical support, production of risk education materials, financial support
and general cartographic information.
Marking, fencing, and monitoring of an explosive remnants of war affected area
h) When possible, at any time during the course of a conflict and thereafter,
where explosive remnants of war exist the parties to a conflict should, at the
earliest possible time and to the maximum extent possible, ensure that areas
containing explosive remnants of war are marked, fenced and monitored so
as to ensure the effective exclusion of civilians, in accordance with the
following provisions.
i) Warning signs based on methods of marking recognised by the affected com-
munity should be utilised in the marking of suspected hazardous areas. Signs
and other hazardous area boundary markers should as far as possible be visi-
ble, legible, durable and resistant to environmental effects and should clearly
identify which side of the marked boundary is considered to be within the
explosive remnants of war affected area and which side is considered to be safe.
j) An appropriate structure should be put in place with responsibility for the
monitoring and maintenance of permanent and temporary marking
systems, integrated with national and local risk education programmes.

3. Generic preventive measures


States producing or procuring explosive ordnance should to the extent possible
and as appropriate endeavour to ensure that the following measures are
implemented and respected during the life-cycle of explosive ordnance.
a) Munitions manufacturing management
i) Production processes should be designed to achieve the greatest
reliability of munitions.
ii) Production processes should be subject to certified quality control
measures.
iii) During the production of explosive ordnance, certified quality
assurance standards that are internationally recognised should be
applied.
iv) Acceptance testing should be conducted through live-fire testing
over a range of conditions or through other validated procedures.
v) High reliability standards should be required in the course of
explosive ordnance transactions and transfers.
b) Munitions management
In order to ensure the best possible long-term reliability of explosive
ordnance, States are encouraged to apply best practice norms and operating
procedures with respect to its storage, transport, field storage, and handling
in accordance with the following guidance.
446 PROTOCOL V OF 2003

i) Explosive ordnance, where necessary, should be stored in secure facilities


or appropriate containers that protect the explosive ordnance and its
components in a controlled atmosphere, if necessary.
ii) A State should transport explosive ordnance to and from production
facilities, storage facilities and the field in a manner that minimises
damage to the explosive ordnance.
iii) Appropriate containers and controlled environments, where necessary,
should be used by a State when stockpiling and transporting explosive
ordnance.
iv) The risk of explosions in stockpiles should be minimised by the use of
appropriate stockpile arrangements.
v) States should apply appropriate explosive ordnance logging,
tracking and testing procedures, which should include information
on the date of manufacture of each number, lot or batch of explosive
ordnance, and information on where the explosive ordnance has
been, under what conditions it has been stored, and to what
environmental factors it has been exposed.
vi) Periodically, stockpiled explosive ordnance should undergo, where
appropriate, live-firing testing to ensure that munitions function as
desired.
vii) Sub-assemblies of stockpiled explosive ordnance should, where
appropriate, undergo laboratory testing to ensure that munitions
function as desired.
viii) Where necessary, appropriate action, including adjustment to the
expected shelf-life of ordnance, should be taken as a result of
information acquired by logging, tracking and testing procedures,
in order to maintain the reliability of stockpiled explosive ordnance.
c) Training
The proper training of all personnel involved in the handling, transporting
and use of explosive ordnance is an important factor in seeking to ensure its
reliable operation as intended. States should therefore adopt and maintain
suitable training programmes to ensure that personnel are properly trained
with regard to the munitions with which they will be required to deal.
d) Transfer
A State planning to transfer explosive ordnance to another State that did not
previously possess that type of explosive ordnance should endeavour to
ensure that the receiving State has the capability to store, maintain and use
that explosive ordnance correctly.
e) Future production
A State should examine ways and means of improving the reliability of
explosive ordnance that it intends to produce or procure, with a view to
achieving the highest possible reliability.
XIII
CONVENTION ON THE PROHIBITION
OF THE DEVELOPMENT, PRODUCTION, STOCKPILING
AND USE OF CHEMICAL WEAPONS
AND ON THEIR DESTRUCTION
Paris, 13 January 1993
EXTRACTS

ARTICLE I
General obligations
1. Each State Party to this Convention undertakes never under any circumstances:
a) To develop, produce, otherwise acquire, stockpile or retain chemical
weapons, or transfer, directly or indirectly, chemical weapons to anyone;
b) To use chemical weapons;
c) To engage in any military preparations to use chemical weapons;
d) To assist, encourage or induce, in any way, anyone to engage in any activity
prohibited to a State Party under this Convention.
2. Each State Party undertakes to destroy chemical weapons it owns or possesses,
or that are located in any place under its jurisdiction or control, in accordance
with the provisions of this Convention.
3. Each State Party undertakes to destroy all chemical weapons it abandoned on
the territory of another State Party, in accordance with the provisions of this
Convention.
4. Each State Party undertakes to destroy any chemical weapons production
facilities it owns or possesses, or that are located in any place under its
jurisdiction or control, in accordance with the provisions of this Convention.
5. Each State Party undertakes not to use riot control agents as a method of
warfare.

ARTICLE II
Definitions and criteria
For the purposes of this Convention:
1. Chemical Weapons means the following, together or separately:
a) Toxic chemicals and their precursors, except where intended for purposes
not prohibited under this Convention, as long as the types and quantities are
consistent with such purposes;
448 CONVENTION OF 1993

b) Munitions and devices, specifically designed to cause death or other harm


through the toxic properties of those toxic chemicals specified in
subparagraph (a), which would be released as a result of the employment of
such munitions and devices;
c) Any equipment specifically designed for use directly in connection with the
employment of munitions and devices specified in subparagraph (b).
2. Toxic Chemical means:
Any chemical which through its chemical action on life processes can cause
death, temporary incapacitation or permanent harm to humans or animals.
This includes all such chemicals, regardless of their origin or of their method of
production, and regardless of whether they are produced in facilities, in
munitions or elsewhere.
(For the purpose of implementing this Convention, toxic chemicals which have
been identified for the application of verification measures are listed in
Schedules contained in the Annex on Chemicals.)
3. Precursor means:
Any chemical reactant which takes part at any stage in the production by
whatever method of a toxic chemical. This includes any key component of a
binary or multicomponent chemical system.
(For the purpose of implementing this Convention, precursors which have been
identified for the application of verification measures are listed in Schedules
contained in the Annex on Chemicals.)
4. Key Component of Binary or Multicomponent Chemical Systems (hereinafter
referred to as key component) means:
The precursor which plays the most important role in determining the toxic
properties of the final product and reacts rapidly with other chemicals in the
binary or multicomponent system.
5. Old Chemical Weapons means:
a) Chemical weapons which were produced before 1925; or
b) Chemical weapons produced in the period between 1925 and 1946 that have
deteriorated to such extent that they can no longer be used as chemical
weapons.
6. Abandoned Chemical Weapons means:
Chemical weapons, including old chemical weapons, abandoned by a State after
1 January 1925 on the territory of another State without the consent of the latter.
7. Riot Control Agent means:
Any chemical not listed in a Schedule, which can produce rapidly in humans
sensory irritation or disabling physical effects which disappear within a short
time following termination of exposure.
CHEMICAL WEAPONS 449

8. Chemical Weapons Production Facility:


a) Means any equipment, as well as any building housing such equipment, that
was designed, constructed or used at any time since 1 January 1946:
i) As part of the stage in the production of chemicals (final technological
stage) where the material flows would contain, when the equipment is
in operation:
Any chemical listed in Schedule 1 in the Annex on Chemicals; or
Any other chemical that has no use, above 1 tonne per year on the ter-
ritory of a State Party or in any other place under the jurisdiction or
control of a State Party, for purposes not prohibited under this
Convention, but can be used for chemical weapons purposes; or
ii) For filling chemical weapons, including, inter alia, the filling of chemicals
listed in Schedule 1 into munitions, devices or bulk storage containers;
the filling of chemicals into containers that form part of assembled
binary munitions and devices or into chemical submunitions that form
part of assembled unitar munitions and devices, and the loading of the
containers and chemical submunitions into the respective munitions and
devices;
b) Does not mean:
i) Any facility having a production capacity for synthesis of chemicals
specified in subparagraph (a) (i) that is less than 1 tonne;
ii) Any facility in which a chemical specified in subparagraph (a) (i) is or
was produced as an unavoidable by-product of activities for purposes
not prohibited under this Convention, provided that the chemical does
not exceed 3 per cent of the total product and that the facility is subject
to declaration and inspection under the Annex on Implementation and
Verification (hereinafter referred to as Verification Annex); or
iii) The single small-scale facility for production of chemicals listed in
Schedule 1 for purposes not prohibited under this Convention as
referred to in Part VI of the Verification Annex.
9. Purposes Not Prohibited Under this Convention means:
a) Industrial, agricultural, research, medical, pharmaceutical or other peaceful
purposes;
b) Protective purposes, namely those purposes directly related to protection
against toxic chemicals and to protection against chemical weapons;
c) Military purposes not connected with the use of chemical weapons and not
dependent on the use of the toxic properties of chemicals as a method of
warfare;
d) Law enforcement including domestic riot control purposes.
10. Production Capacity means:
The annual quantitative potential for manufacturing a specific chemical based
on the technological process actually used or, if the process is not yet
450 CONVENTION OF 1993

operational, planned to be used at the relevant facility. It shall be deemed to be


equal to the nameplate capacity or, if the nameplate capacity is not available, to
the design capacity. The nameplate capacity is the product output under
conditions optimized for maximum quantity for the production facility, as
demonstrated by one or more test-runs. The design capacity is the
corresponding theoretically calculated product output.
11. Organization means the Organization for the Prohibition of Chemical
Weapons established pursuant to Article VIII of this Convention.
[]

ARTICLE VI
Activities not prohibited under this Convention
1. Each State Party has the right, subject to the provisions of this Convention, to
develop, produce, otherwise acquire, retain, transfer and use toxic chemicals
and their precursors for purposes not prohibited under this Convention.
2. Each State Party shall adopt the necessary measures to ensure that toxic chemicals
and their precursors are only developed, produced, otherwise acquired, retained,
transferred, or used within its territory or in any other place under its jurisdiction
or control for purposes not prohibited under this Convention. To this end, and in
order to verify that activities are in accordance with obligations under this
Convention, each State Party shall subject toxic chemicals and their precursors
listed in Schedules l, 2 and 3 of the Annex on Chemicals, facilities related to such
chemicals, and other facilities as specified in the Verification Annex, that are
located on its territory or in any other place under its jurisdiction or control, to
verification measures as provided in the Verification Annex.
3. Each State Party shall subject chemicals listed in Schedule 1 (hereinafter
referred to as Schedule 1 chemicals) to the prohibitions on production,
acquisition, retention, transfer and use as specified in Part VI of the Verification
Annex. It shall subject Schedule 1 chemicals and facilities specified in Part VI of
the Verification Annex to systematic verification through on-site inspection and
monitoring with on-site instruments in accordance with that Part of the
Verification Annex.
4. Each State Party shall subject chemicals listed in Schedule 2 (hereinafter
referred to as Schedule 2 chemicals) and facilities specified in Part VII of the
Verification Annex to data monitoring and on-site verification in accordance
with that Part of the Verification Annex.
5. Each State Party shall subject chemicals listed in Schedule 3 (hereinafter
referred to as Schedule 3 chemicals) and facilities specified in Part VIII of the
Verification Annex to data monitoring and on-site verification in accordance
with that Part of the Verification Annex.
CHEMICAL WEAPONS 451

6. Each State Party shall subject facilities specified in Part IX of the Verification
Annex to data monitoring and eventual on-site verification in accordance with
that Part of the Verification Annex unless decided otherwise by the Conference of
the States Parties pursuant to Part IX, paragraph 22, of the Verification Annex.
7. Not later than 30 days after this Convention enters into force for it, each State
Party shall make an initial declaration on relevant chemicals and facilities in
accordance with the Verification Annex.
8. Each State Party shall make annual declarations regarding the relevant
chemicals and facilities in accordance with the Verification Annex.
9. For the purpose of on-site verification, each State Party shall grant to the
inspectors access to facilities as required in the Verification Annex.
10. In conducting verification activities, the Technical Secretariat shall avoid undue
intrusion into the State Partys chemical activities for purposes not prohibited
under this Convention and, in particular, abide by the provisions set forth in the
Annex on the Protection of Confidential Information (hereinafter referred to as
Confidentiality Annex).
11. The provisions of this Article shall be implemented in a manner which avoids
hampering the economic or technological development of States Parties, and
international cooperation in the field of chemical activities for purposes not
prohibited under this Convention including the international exchange of
scientific and technical information and chemicals and equipment for the
production, processing or use of chemicals for purposes not prohibited under
this Convention.

ARTICLE XII
Measures to redress a situation
and to ensure compliance, including sanctions
1. The Conference shall take the necessary measures, as set forth in paragraphs 2,
3 and 4, to ensure compliance with this Convention and to redress and remedy
any situation which contravenes the provisions of this Convention. In
considering action pursuant to this paragraph, the Conference shall take into
account all information and recommendations on the issues submitted by the
Executive Council.
2. In cases where a State Party has been requested by the Executive Council to take
measures to redress a situation raising problems with regard to its compliance,
and where the State Party fails to fulfil the request within the specified time, the
Conference may, inter alia, upon the recommendation of the Executive Council,
restrict or suspend the State Partys rights and privileges under this Convention
until it undertakes the necessary action to conform with its obligations under
this Convention.
452 CONVENTION OF 1993

3. In cases where serious damage to the object and purpose of this Convention
may result from activities prohibited under this Convention, in particular by
Article I, the Conference may recommend collective measures to States Parties
in conformity with international law.
4. The Conference shall, in cases of particular gravity, bring the issue, including
relevant information and conclusions, to the attention of the United Nations
General Assembly and the United Nations Security Council.

ARTICLE XIII
Relation to other international agreements
Nothing in this Convention shall be interpreted as in any way limiting or
detracting from the obligations assumed by any State under the Protocol for the
Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of
Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925, and under
the Convention on the Prohibition of the Development, Production and
Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their
Destruction, signed at London, Moscow and Washington on 10 April 1972.

ARTICLE XVI
Duration and withdrawal
1. This Convention shall be of unlimited duration.
2. Each State Party shall, in exercising its national sovereignty, have the right to
withdraw from this Convention if it decides that extraordinary events, related to
the subject-matter of this Convention, have jeopardized the supreme interests of
its country. It shall give notice of such withdrawal 90 days in advance to all other
States Parties, the Executive Council, the Depositary and the United Nations
Security Council. Such notice shall include a statement of the extraordinary
events it regards as having jeopardized its supreme interests.
3. The withdrawal of a State Party from this Convention shall not in any way affect
the duty of States to continue fulfilling the obligations assumed under any
relevant rules of international law, particularly the Geneva Protocol of 1925.

ARTICLE XVII
Status of the Annexes
The Annexes form an integral part of this Convention. Any reference to this
Convention includes the Annexes.
CHEMICAL WEAPONS 453

ARTICLE XXI
Entry into force
1. This Convention shall enter into force 180 days after the date of the deposit of
the 65th instrument of ratification, but in no case earlier than two years after its
opening for signature.
2. For States whose instruments of ratification or accession are deposited
subsequent to the entry into force of this Convention, it shall enter into force on
the 30th day following the date of deposit of their instrument of ratification or
accession.

ARTICLE XXII
Reservations
The Articles of this Convention shall not be subject to reservations. The Annexes
of this Convention shall not be subject to reservations incompatible with its object
and purpose.

ARTICLE XXIV
Authentic texts
This Convention, of which the Arabic, Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the Secretary-General
of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have
signed this Convention.
DONE at Paris on the thirteenth day of January, one thousand nine hundred and
ninety-three.
XIV
CONVENTION ON THE PROHIBITION
OF THE USE, STOCKPILING, PRODUCTION AND TRANSFER
OF ANTI-PERSONNEL MINES
AND ON THEIR DESTRUCTION
Ottawa, 18 September 1997

Preamble
The States Parties,
Determined to put an end to the suffering and casualties caused by anti-
personnel mines, that kill or maim hundreds of people every week, mostly innocent
and defenceless civilians and especially children, obstruct economic development
and reconstruction, inhibit the repatriation of refugees and internally displaced
persons, and have other severe consequences for years after emplacement,
Believing it necessary to do their utmost to contribute in an efficient and
coordinated manner to face the challenge of removing anti-personnel mines placed
throughout the world, and to assure their destruction,
Wishing to do their utmost in providing assistance for the care and
rehabilitation, including the social and economic reintegration of mine victims,
Recognizing that a total ban of anti-personnel mines would also be an important
confidence-building measure,
Welcoming the adoption of the Protocol on Prohibitions or Restrictions on the
Use of Mines, Booby-Traps and Other Devices, as amended on 3 May 1996,
annexed to the 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, and calling for the early ratification of this Protocol by
all States which have not yet done so,
Welcoming also United Nations General Assembly Resolution 51/45 S of
10 December 1996 urging all States to pursue vigorously an effective, legally-
binding international agreement to ban the use, stockpiling, production and
transfer of anti-personnel landmines,
Welcoming furthermore the measures taken over the past years, both unilaterally
and multilaterally, aiming at prohibiting, restricting or suspending the use,
stockpiling, production and transfer of anti-personnel mines,
Stressing the role of public conscience in furthering the principles of humanity
as evidenced by the call for a total ban of anti-personnel mines and recognizing the
efforts to that end undertaken by the International Red Cross and Red Crescent
ANTI-PERSONNEL MINES 455

Movement, the International Campaign to Ban Landmines and numerous other


non-governmental organizations around the world,
Recalling the Ottawa Declaration of 5 October 1996 and the Brussels Declaration
of 27 June 1997 urging the international community to negotiate an international
and legally binding agreement prohibiting the use, stockpiling, production and
transfer of anti-personnel mines,
Emphasizing the desirability of attracting the adherence of all States to this
Convention, and determined to work strenuously towards the promotion of its
universalization in all relevant fora including, inter alia, the United Nations, the
Conference on Disarmament, regional organizations, and groupings, and review
conferences of the 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,
Basing themselves on the principle of international humanitarian law that the
right of the parties to an armed conflict to choose methods or means of warfare is
not unlimited, on the principle that prohibits the employment in armed conflicts of
weapons, projectiles and materials and methods of warfare of a nature to cause
superfluous injury or unnecessary suffering and on the principle that a distinction
must be made between civilians and combatants,
Have agreed as follows:

ARTICLE 1
General obligations
1. Each State Party undertakes never under any circumstances:
a) To use anti-personnel mines;
b) To develop, produce, otherwise acquire, stockpile, retain or transfer to
anyone, directly or indirectly, anti-personnel mines;
c) To assist, encourage or induce, in any way, anyone to engage in any activity
prohibited to a State Party under this Convention.
2. Each State Party undertakes to destroy or ensure the destruction of all anti-
personnel mines in accordance with the provisions of this Convention.

ARTICLE 2
Definition
1. Anti-personnel mine means a mine designed to be exploded by the presence,
proximity or contact of a person and that will incapacitate, injure or kill one or
more persons. Mines designed to be detonated by the presence, proximity or
456 CONVENTION OF 1997

contact of a vehicle as opposed to a person, that are equipped with anti-handling


devices, are not considered anti-personnel mines as a result of being so equipped.
2. Mine means a munition designed to be placed under, on or near the ground
or other surface area and to be exploded by the presence, proximity or contact
of a person or a vehicle.
3. Anti-handling device means a device intended to protect a mine and which is
part of, linked to, attached to or placed under the mine and which activates when
an attempt is made to tamper with or otherwise intentionally disturb the mine.
4. Transfer involves, in addition to the physical movement of anti-personnel
mines into or from national territory, the transfer of title to and control over the
mines, but does not involve the transfer of territory containing emplaced anti-
personnel mines.
5. Mined area, means an area which is dangerous due to the presence or
suspected presence of mines.

ARTICLE 3
Exceptions
1. Notwithstanding the general obligations under Article 1, the retention or
transfer of a number of anti-personnel mines for the development of and
training in mine detection, mine clearance, or mine destruction techniques is
permitted. The amount of such mines shall not exceed the minimum number
absolutely necessary for the above-mentioned purposes.
2. The transfer of anti-personnel mines for the purpose of destruction is
permitted.

ARTICLE 4
Destruction of stockpiled anti-personnel mines
Except as provided for in Article 3, each State Party undertakes to destroy or
ensure the destruction of all stockpiled anti-personnel mines it owns or possesses,
or that are under its jurisdiction or control, as soon as possible but not later than
four years after the entry into force of this Convention for that State Party.

ARTICLE 5
Destruction of anti-personnel mines in mined areas
1. Each State Party undertakes to destroy or ensure the destruction of all anti-
personnel mines in mined areas under its jurisdiction or control, as soon as
possible but not later than ten years after the entry into force of this Convention
for that State Party.
ANTI-PERSONNEL MINES 457

2. Each State Party shall make every effort to identify all areas under its
jurisdiction or control in which anti-personnel mines are known or suspected
to be emplaced and shall ensure as soon as possible that all anti-personnel
mines in mined areas under its jurisdiction or control are perimeter-marked,
monitored and protected by fencing or other means, to ensure the effective
exclusion of civilians, until all anti-personnel mines contained therein have
been destroyed. The marking shall at least be to the standards set out in the
Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and
Other Devices, as amended on 3 May 1996, annexed to the 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.
3. If a State Party believes that it will be unable to destroy or ensure the destruction
of all anti-personnel mines referred to in paragraph 1 within that time period,
it may submit a request to a Meeting of the States Parties or a Review
Conference for an extension of the deadline for completing the destruction of
such anti-personnel mines, for a period of up to ten years.
4. Each request shall contain:
a) The duration of the proposed extension;
b) A detailed explanation of the reasons for the proposed extension, including:
i) The preparation and status of work conducted under national demining
programs;
ii) The financial and technical means available to the State Party for the
destruction of all the anti-personnel mines; and
iii) Circumstances which impede the ability of the State Party to destroy all
the anti-personnel mines in mined areas;
c) The humanitarian, social, economic, and environmental implications of the
extension; and
d) Any other information relevant to the request for the proposed extension.
5. The Meeting of the States Parties or the Review Conference shall, taking into
consideration the factors contained in paragraph 4, assess the request and
decide by a majority of votes of States Parties present and voting whether to
grant the request for an extension period.
6. Such an extension may be renewed upon the submission of a new request in
accordance with paragraphs 3, 4 and 5 of this Article. In requesting a further
extension period a State Party shall submit relevant additional information on
what has been undertaken in the previous extension period pursuant to this
Article.
458 CONVENTION OF 1997

ARTICLE 6
International cooperation and assistance
1. In fulfilling its obligations under this Convention each State Party has the right
to seek and receive assistance, where feasible, from other States Parties to the
extent possible.
2. Each State Party undertakes to facilitate and shall have the right to participate
in the fullest possible exchange of equipment, material and scientific and
technological information concerning the implementation of this Convention.
The States Parties shall not impose undue restrictions on the provision of mine-
clearance equipment and related technological information for humanitarian
purposes.
3. Each State Party in a position to do so shall provide assistance for the care and
rehabilitation, and social and economic reintegration, of mine victims and for
mine awareness programs. Such assistance may be provided, inter alia, through
the United Nations system, international, regional or national organizations or
institutions, the International Committee of the Red Cross, national Red Cross
and Red Crescent societies and their International Federation, non-
governmental organizations, or on a bilateral basis.
4. Each State Party in a position to do so shall provide assistance for mine
clearance and related activities. Such assistance may be provided, inter alia,
through the United Nations system, international or regional organizations or
institutions, non-governmental organizations or institutions, or on a bilateral
basis, or by contributing to the United Nations Voluntary Trust Fund for
Assistance in Mine Clearance, or other regional funds that deal with demining.
5. Each State Party in a position to do so shall provide assistance for the
destruction of stockpiled anti-personnel mines.
6. Each State Party undertakes to provide information to the database on mine
clearance established within the United Nations system, especially information
concerning various means and technologies of mine clearance, and lists of
experts, expert agencies or national points of contact on mine clearance.
7. States Parties may request the United Nations, regional organizations, other
States Parties or other competent intergovernmental or non-governmental fora
to assist its authorities in the elaboration of a national demining program to
determine, inter alia:
a) The extent and scope of the anti-personnel mine problem;
b) The financial, technological and human resources that are required for the
implementation of the program;
c) The estimated number of years necessary to destroy all anti-personnel mines
in mined areas under the jurisdiction or control of the concerned State Party;
d) Mine-awareness activities to reduce the incidence of mine-related injuries
or deaths;
ANTI-PERSONNEL MINES 459

e) Assistance to mine victims;


f) The relationship between the Government of the concerned State Party and
the relevant governmental, inter-governmental or non-governmental
entities that will work in the implementation of the program.
8. Each State Party giving and receiving assistance under the provisions of this
Article shall cooperate with a view to ensuring the full and prompt
implementation of agreed assistance programs.

ARTICLE 7
Transparency measures
1. Each State Party shall report to the Secretary-General of the United Nations as
soon as practicable, and in any event not later than 180 days after the entry into
force of this Convention for that State Party on:
a) The national implementation measures referred to in Article 9;
b) The total of all stockpiled anti-personnel mines owned or possessed by it, or
under its jurisdiction or control, to include a breakdown of the type, quantity
and, if possible, lot numbers of each type of anti-personnel mine stockpiled;
c) To the extent possible, the location of all mined areas that contain, or are
suspected to contain, anti-personnel mines under its jurisdiction or control,
to include as much detail as possible regarding the type and quantity of each
type of anti-personnel mine in each mined area and when they were
emplaced;
d) The types, quantities and, if possible, lot numbers of all anti-personnel
mines retained or transferred for the development of and training in mine
detection, mine clearance or mine destruction techniques, or transferred for
the purpose of destruction, as well as the institutions authorized by a State
Party to retain or transfer anti-personnel mines, in accordance with
Article 3;
e) The status of programs for the conversion or de-commissioning of anti-
personnel mine production facilities;
f) The status of programs for the destruction of anti-personnel mines in
accordance with Articles 4 and 5, including details of the methods which
will be used in destruction, the location of all destruction sites and the
applicable safety and environmental standards to be observed;
g) The types and quantities of all anti-personnel mines destroyed after the
entry into force of this Convention for that State Party, to include a
breakdown of the quantity of each type of anti-personnel mine destroyed,
in accordance with Articles 4 and 5, respectively, along with, if possible, the
lot numbers of each type of anti-personnel mine in the case of destruction
in accordance with Article 4;
460 CONVENTION OF 1997

h) The technical characteristics of each type of anti-personnel mine produced,


to the extent known, and those currently owned or possessed by a State
Party, giving, where reasonably possible, such categories of information as
may facilitate identification and clearance of anti-personnel mines; at a
minimum, this information shall include the dimensions, fusing, explosive
content, metallic content, colour photographs and other information which
may facilitate mine clearance; and
i) The measures taken to provide an immediate and effective warning to the
population in relation to all areas identified under paragraph 2 of Article 5.
2. The information provided in accordance with this Article shall be updated, by
the States Parties annually, covering the last calendar year, and reported to the
Secretary-General of the United Nations not later than 30 April of each year.
3. The Secretary-General of the United Nations shall transmit all such reports
received to the States Parties.

ARTICLE 8
Facilitation and clarification of compliance
1. The States Parties agree to consult and cooperate with each other regarding the
implementation of the provisions of this Convention, and to work together in a
spirit of cooperation to facilitate compliance by States Parties with their
obligations under this Convention.
2. If one or more States Parties wish to clarify and seek to resolve questions
relating to compliance with the provisions of this Convention by another State
Party, it may submit, through the Secretary-General of the United Nations, a
Request for Clarification of that matter to that State Party. Such a request shall
be accompanied by all appropriate information. Each State Party shall refrain
from unfounded Requests for Clarification, care being taken to avoid abuse. A
State Party that receives a Request for Clarification shall provide, through the
Secretary-General of the United Nations, within 28 days to the requesting State
Party all information which would assist in clarifying this matter.
3. If the requesting State Party does not receive a response through the Secretary-
General of the United Nations within that time period, or deems the response
to the Request for Clarification to be unsatisfactory, it may submit the matter
through the Secretary-General of the United Nations to the next Meeting of the
States Parties. The Secretary-General of the United Nations shall transmit the
submission, accompanied by all appropriate information pertaining to the
Request for Clarification, to all States Parties. All such information shall be
presented to the requested State Party which shall have the right to respond.
4. Pending the convening of any meeting of the States Parties, any of the States
Parties concerned may request the Secretary-General of the United Nations to
exercise his or her good offices to facilitate the clarification requested.
ANTI-PERSONNEL MINES 461

5. The requesting State Party may propose through the Secretary-General of the
United Nations the convening of a Special Meeting of the States Parties to
consider the matter. The Secretary-General of the United Nations shall
thereupon communicate this proposal and all information submitted by the
States Parties concerned, to all States Parties with a request that they indicate
whether they favour a Special Meeting of the States Parties, for the purpose of
considering the matter. In the event that within 14 days from the date of such
communication, at least one-third of the States Parties favours such a Special
Meeting, the Secretary-General of the United Nations shall convene this Special
Meeting of the States Parties within a further 14 days. A quorum for this
Meeting shall consist of a majority of States Parties.
6. The Meeting of the States Parties or the Special Meeting of the States Parties, as
the case may be, shall first determine whether to consider the matter further,
taking into account all information submitted by the States Parties concerned.
The Meeting of the States Parties or the Special Meeting of the States Parties
shall make every effort to reach a decision by consensus. If despite all efforts to
that end no agreement has been reached, it shall take this decision by a majority
of States Parties present and voting.
7. All States Parties shall cooperate fully with the Meeting of the States Parties or
the Special Meeting of the States Parties in the fulfilment of its review of the
matter, including any fact-finding missions that are authorized in accordance
with paragraph 8.
8. If further clarification is required, the Meeting of the States Parties or the
Special Meeting of the States Parties shall authorize a fact-finding mission and
decide on its mandate by a majority of States Parties present and voting. At any
time the requested State Party may invite a fact-finding mission to its territory.
Such a mission shall take place without a decision by a Meeting of the States
Parties or a Special Meeting of the States Parties to authorize such a mission.
The mission, consisting of up to 9 experts, designated and approved in
accordance with paragraphs 9 and 10, may collect additional information on
the spot or in other places directly related to the alleged compliance issue under
the jurisdiction or control of the requested State Party.
9. The Secretary-General of the United Nations shall prepare and update a list of the
names, nationalities and other relevant data of qualified experts provided by
States Parties and communicate it to all States Parties.Any expert included on this
list shall be regarded as designated for all fact-finding missions unless a State
Party declares its non-acceptance in writing. In the event of non-acceptance, the
expert shall not participate in fact-finding missions on the territory or any other
place under the jurisdiction or control of the objecting State Party, if the non-
acceptance was declared prior to the appointment of the expert to such missions.
10. Upon receiving a request from the Meeting of the States Parties or a Special
Meeting of the States Parties, the Secretary-General of the United Nations shall,
462 CONVENTION OF 1997

after consultations with the requested State Party, appoint the members of the
mission, including its leader. Nationals of States Parties requesting the fact-
finding mission or directly affected by it shall not be appointed to the mission.
The members of the fact-finding mission shall enjoy privileges and immunities
under Article VI of the Convention on the Privileges and Immunities of the
United Nations, adopted on 13 February 1946.
11. Upon at least 72 hours notice, the members of the fact-finding mission shall
arrive in the territory of the requested State Party at the earliest opportunity.
The requested State Party shall take the necessary administrative measures to
receive, transport and accommodate the mission, and shall be responsible for
ensuring the security of the mission to the maximum extent possible while they
are on territory under its control.
12. Without prejudice to the sovereignty of the requested State Party, the fact-
finding mission may bring into the territory of the requested State Party the
necessary equipment which shall be used exclusively for gathering information
on the alleged compliance issue. Prior to its arrival, the mission will advise the
requested State Party of the equipment that it intends to utilize in the course of
its fact-finding mission.
13. The requested State Party shall make all efforts to ensure that the fact-finding
mission is given the opportunity to speak with all relevant persons who may be
able to provide information related to the alleged compliance issue.
14. The requested State Party shall grant access for the fact-finding mission to all
areas and installations under its control where facts relevant to the compliance
issue could be expected to be collected. This shall be subject to any
arrangements that the requested State Party considers necessary for:
a) The protection of sensitive equipment, information and areas;
b) The protection of any constitutional obligations the requested State Party
may have with regard to proprietary rights, searches and seizures, or other
constitutional rights; or
c) The physical protection and safety of the members of the fact-finding
mission. In the event that the requested State Party makes such
arrangements, it shall make every reasonable effort to demonstrate through
alternative means its compliance with this Convention.
15. The fact-finding mission may remain in the territory of the State Party
concerned for no more than 14 days, and at any particular site no more than
7 days, unless otherwise agreed.
16. All information provided in confidence and not related to the subject matter of
the fact-finding mission shall be treated on a confidential basis.
17. The fact-finding mission shall report, through the Secretary-General of the
United Nations, to the Meeting of the States Parties or the Special Meeting of the
States Parties the results of its findings.
ANTI-PERSONNEL MINES 463

18. The Meeting of the States Parties or the Special Meeting of the States Parties shall
consider all relevant information, including the report submitted by the fact-
finding mission, and may request the requested State Party to take measures to
address the compliance issue within a specified period of time. The requested
State Party shall report on all measures taken in response to this request.
19. The Meeting of the States Parties or the Special Meeting of the States Parties
may suggest to the States Parties concerned ways and means to further clarify
or resolve the matter under consideration, including the initiation of
appropriate procedures in conformity with international law. In circumstances
where the issue at hand is determined to be due to circumstances beyond the
control of the requested State Party, the Meeting of the States Parties or the
Special Meeting of the States Parties may recommend appropriate measures,
including the use of cooperative measures referred to in Article 6.
20. The Meeting of the States Parties or the Special Meeting of the States Parties
shall make every effort to reach its decisions referred to in paragraphs 18 and 19
by consensus, otherwise by a two-thirds majority of States Parties present and
voting.

ARTICLE 9
National implementation measures
Each State Party shall take all appropriate legal, administrative and other
measures, including the imposition of penal sanctions, to prevent and suppress any
activity prohibited to a State Party under this Convention undertaken by persons
or on territory under its jurisdiction or control.

ARTICLE 10
Settlement of disputes
1. The States Parties shall consult and cooperate with each other to settle any
dispute that may arise with regard to the application or the interpretation of this
Convention. Each State Party may bring any such dispute before the Meeting of
the States Parties.
2. The Meeting of the States Parties may contribute to the settlement of the dispute
by whatever means it deems appropriate, including offering its good offices,
calling upon the States parties to a dispute to start the settlement procedure of
their choice and recommending a time-limit for any agreed procedure.
3. This Article is without prejudice to the provisions of this Convention on
facilitation and clarification of compliance.
464 CONVENTION OF 1997

ARTICLE 11
Meetings of the States Parties
1. The States Parties shall meet regularly in order to consider any matter with
regard to the application or implementation of this Convention, including:
a) The operation and status of this Convention;
b) Matters arising from the reports submitted under the provisions of this
Convention;
c) International cooperation and assistance in accordance with Article 6;
d) The development of technologies to clear anti-personnel mines;
e) Submissions of States Parties under Article 8; and
f) Decisions relating to submissions of States Parties as provided for in
Article 5.
2. The First Meeting of the States Parties shall be convened by the Secretary-
General of the United Nations within one year after the entry into force of this
Convention. The subsequent meetings shall be convened by the Secretary-
General of the United Nations annually until the first Review Conference.
3. Under the conditions set out in Article 8, the Secretary-General of the United
Nations shall convene a Special Meeting of the States Parties.
4. States not parties to this Convention, as well as the United Nations, other
relevant international organizations or institutions, regional organizations, the
International Committee of the Red Cross and relevant non-governmental
organizations may be invited to attend these meetings as observers in
accordance with the agreed Rules of Procedure.

ARTICLE 12
Review Conferences
1. A Review Conference shall be convened by the Secretary-General of the United
Nations five years after the entry into force of this Convention. Further Review
Conferences shall be convened by the Secretary-General of the United Nations
if so requested by one or more States Parties, provided that the interval between
Review Conferences shall in no case be less than five years. All States Parties to
this Convention shall be invited to each Review Conference.
2. The purpose of the Review Conference shall be:
a) To review the operation and status of this Convention;
b) To consider the need for and the interval between further Meetings of the
States Parties referred to in paragraph 2 of Article 11;
c) To take decisions on submissions of States Parties as provided for in
Article 5; and
ANTI-PERSONNEL MINES 465

d) To adopt, if necessary, in its final report conclusions related to the


implementation of this Convention.
3. States not parties to this Convention, as well as the United Nations, other
relevant international organizations or institutions, regional organizations, the
International Committee of the Red Cross and relevant non-governmental
organizations may be invited to attend each Review Conference as observers in
accordance with the agreed Rules of Procedure.

ARTICLE 13
Amendments
1. At any time after the entry into force of this Convention any State Party may
propose amendments to this Convention.Any proposal for an amendment shall
be communicated to the Depositary, who shall circulate it to all States Parties
and shall seek their views on whether an Amendment Conference should be
convened to consider the proposal. If a majority of the States Parties notify the
Depositary no later than 30 days after its circulation that they support further
consideration of the proposal, the Depositary shall convene an Amendment
Conference to which all States Parties shall be invited.
2. States not parties to this Convention, as well as the United Nations, other
relevant international organizations or institutions, regional organizations, the
International Committee of the Red Cross and relevant non-governmental
organizations may be invited to attend each Amendment Conference as
observers in accordance with the agreed Rules of Procedure.
3. The Amendment Conference shall be held immediately following a Meeting of
the States Parties or a Review Conference unless a majority of the States Parties
request that it be held earlier.
4. Any amendment to this Convention shall be adopted by a majority of two-
thirds of the States Parties present and voting at the Amendment Conference.
The Depositary shall communicate any amendment so adopted to the States
Parties.
5. An amendment to this Convention shall enter into force for all States Parties to
this Convention which have accepted it, upon the deposit with the Depositary
of instruments of acceptance by a majority of States Parties. Thereafter it shall
enter into force for any remaining State Party on the date of deposit of its
instrument of acceptance.
466 CONVENTION OF 1997

ARTICLE 14
Costs
1. The costs of the Meetings of the States Parties, the Special Meetings of the States
Parties, the Review Conferences and the Amendment Conferences shall be
borne by the States Parties and States not parties to this Convention
participating therein, in accordance with the United Nations scale of assessment
adjusted appropriately.
2. The costs incurred by the Secretary-General of the United Nations under
Articles 7 and 8 and the costs of any fact-finding mission shall be borne by the
States Parties in accordance with the United Nations scale of assessment
adjusted appropriately.

ARTICLE 15
Signature
This Convention, done at Oslo, Norway, on 18 September 1997, shall be open for
signature at Ottawa, Canada, by all States from 3 December 1997 until 4 December
1997, and at the United Nations Headquarters in New York from 5 December 1997
until its entry into force.

ARTICLE 16
Ratification, acceptance, approval or accession
1. This Convention is subject to ratification, acceptance or approval of the
Signatories.
2. It shall be open for accession by any State which has not signed the Convention.
3. The instruments of ratification, acceptance, approval or accession shall be
deposited with the Depositary.

ARTICLE 17
Entry into force
1. This Convention shall enter into force on the first day of the sixth month after
the month in which the 40th instrument of ratification, acceptance, approval or
accession has been deposited.
2. For any State which deposits its instrument of ratification, acceptance, approval
or accession after the date of the deposit of the 40th instrument of ratification,
acceptance, approval or accession, this Convention shall enter into force on the
first day of the sixth month after the date on which that State has deposited its
instrument of ratification, acceptance, approval or accession.
ANTI-PERSONNEL MINES 467

ARTICLE 18
Provisional application
Any State may at the time of its ratification, acceptance, approval or accession,
declare that it will apply provisionally paragraph 1 of Article 1 of this Convention
pending its entry into force.

ARTICLE 19
Reservations
The Articles of this Convention shall not be subject to reservations.

ARTICLE 20
Duration and withdrawal
1. This Convention shall be of unlimited duration.
2. Each State Party shall, in exercising its national sovereignty, have the right to
withdraw from this Convention. It shall give notice of such withdrawal to all
other States Parties, to the Depositary and to the United Nations Security
Council. Such instrument of withdrawal shall include a full explanation of the
reasons motivating this withdrawal.
3. Such withdrawal shall only take effect six months after the receipt of the
instrument of withdrawal by the Depositary. If, however, on the expiry of that
six-month period, the withdrawing State Party is engaged in an armed conflict,
the withdrawal shall not take effect before the end of the armed conflict.
4. The withdrawal of a State Party from this Convention shall not in any way affect
the duty of States to continue fulfilling the obligations assumed under any
relevant rules of international law.

ARTICLE 21
Depositary
The Secretary-General of the United Nations is hereby designated as the
Depositary of this Convention.

ARTICLE 22
Authentic texts
The original of this Convention, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations.
XV
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT
17 July 1998
EXTRACTS

Preamble
The States Parties to this Statute,
Conscious that all peoples are united by common bonds, their cultures pieced
together in a shared heritage, and concerned that this delicate mosaic may be
shattered at any time,
Mindful that during this century millions of children, women and men have
been victims of unimaginable atrocities that deeply shock the conscience of
humanity,
Recognizing that such grave crimes threaten the peace, security and well-being of
the world,
Affirming that the most serious crimes of concern to the international
community as a whole must not go unpunished and that their effective prosecution
must be ensured by taking measures at the national level and by enhancing
international cooperation,
Determined to put an end to impunity for the perpetrators of these crimes and
thus to contribute to the prevention of such crimes,
Recalling that it is the duty of every State to exercise its criminal jurisdiction over
those responsible for international crimes,
Reaffirming the Purposes and Principles of the Charter of the United Nations,
and in particular that all States shall refrain from the threat or use of force against
the territorial integrity or political independence of any State, or in any other
manner inconsistent with the Purposes of the United Nations,
Emphasizing in this connection that nothing in this Statute shall be taken as
authorizing any State Party to intervene in an armed conflict or in the internal
affairs of any State,
Determined to these ends and for the sake of present and future generations, to
establish an independent permanent International Criminal Court in relationship
with the United Nations system, with jurisdiction over the most serious crimes of
concern to the international community as a whole,
Emphasizing that the International Criminal Court established under this
Statute shall be complementary to national criminal jurisdictions,
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT 469

Resolved to guarantee lasting respect for and the enforcement of international


justice,
Have agreed as follows:

PART 1

ESTABLISHMENT OF THE COURT

ARTICLE 1
The Court
An International Criminal Court ("the Court") is hereby established. It shall be
a permanent institution and shall have the power to exercise its jurisdiction over
persons for the most serious crimes of international concern, as referred to in this
Statute, and shall be complementary to national criminal jurisdictions. The
jurisdiction and functioning of the Court shall be governed by the provisions of
this Statute.
()

PART 2

JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW

ARTICLE 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of
concern to the international community as a whole. The Court has jurisdiction
in accordance with this Statute with respect to the following crimes:
a) The crime of genocide;
b) Crimes against humanity;
c) War crimes;
d) The crime of aggression.
470 ROME STATUTE OF 1998

2. The Court shall exercise jurisdiction over the crime of aggression once a
provision is adopted in accordance with articles 121 and 123 defining the crime
and setting out the conditions under which the Court shall exercise jurisdiction
with respect to this crime. Such a provision shall be consistent with the relevant
provisions of the Charter of the United Nations.

ARTICLE 6
Genocide
For the purpose of this Statute, genocide means any of the following acts
committed with intent to destroy, in whole or in part, a national, ethnical, racial or
religious group, as such:
a) Killing members of the group;
b) Causing serious bodily or mental harm to members of the group;
c) Deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part;
d) Imposing measures intended to prevent births within the group;
e) Forcibly transferring children of the group to another group.

ARTICLE 7
Crimes against humanity
1. For the purpose of this Statute, crime against humanity means any of the
following acts when committed as part of a widespread or systematic attack
directed against any civilian population, with knowledge of the attack:
a) Murder;
b) Extermination;
c) Enslavement;
d) Deportation or forcible transfer of population;
e) Imprisonment or other severe deprivation of physical liberty in violation of
fundamental rules of international law;
f) Torture;
g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual violence of comparable gravity;
h) Persecution against any identifiable group or collectivity on political, racial,
national, ethnic, cultural, religious, gender as defined in paragraph 3, or
other grounds that are universally recognized as impermissible under
international law, in connection with any act referred to in this paragraph or
any crime within the jurisdiction of the Court;
i) Enforced disappearance of persons;
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT 471

j) The crime of apartheid;


k) Other inhumane acts of a similar character intentionally causing great
suffering, or serious injury to body or to mental or physical health.
2. For the purpose of paragraph 1:
a) Attack directed against any civilian population means a course of conduct
involving the multiple commission of acts referred to in paragraph 1 against
any civilian population, pursuant to or in furtherance of a State or
organizational policy to commit such attack;
b) Extermination includes the intentional infliction of conditions of life, inter
alia the deprivation of access to food and medicine, calculated to bring
about the destruction of part of a population;
c) Enslavement means the exercise of any or all of the powers attaching to the
right of ownership over a person and includes the exercise of such power in
the course of trafficking in persons, in particular women and children;
d) Deportation or forcible transfer of population means forced displacement
of the persons concerned by expulsion or other coercive acts from the area
in which they are lawfully present, without grounds permitted under
international law;
e) Torture means the intentional infliction of severe pain or suffering,
whether physical or mental, upon a person in the custody or under the
control of the accused; except that torture shall not include pain or suffering
arising only from, inherent in or incidental to, lawful sanctions;
f) Forced pregnancy means the unlawful confinement of a woman forcibly
made pregnant, with the intent of affecting the ethnic composition of any
population or carrying out other grave violations of international law. This
definition shall not in any way be interpreted as affecting national laws
relating to pregnancy;
g) Persecution means the intentional and severe deprivation of fundamental
rights contrary to international law by reason of the identity of the group or
collectivity;
h) The crime of apartheid means inhumane acts of a character similar to
those referred to in paragraph 1, committed in the context of an
institutionalized regime of systematic oppression and domination by one
racial group over any other racial group or groups and committed with the
intention of maintaining that regime;
i) Enforced disappearance of persons means the arrest, detention or
abduction of persons by, or with the authorization, support or acquiescence
of, a State or a political organization, followed by a refusal to acknowledge
that deprivation of freedom or to give information on the fate or
whereabouts of those persons, with the intention of removing them from
the protection of the law for a prolonged period of time.
472 ROME STATUTE OF 1998

3. For the purpose of this Statute, it is understood that the term gender refers to
the two sexes, male and female, within the context of society. The term gender
does not indicate any meaning different from the above.

ARTICLE 8
War crimes
1. The Court shall have jurisdiction in respect of war crimes in particular when
committed as part of a plan or policy or as part of a large-scale commission of
such crimes.
2. For the purpose of this Statute,war crimes means:
a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any
of the following acts against persons or property protected under the
provisions of the relevant Geneva Convention:
i) Wilful killing;
ii) Torture or inhuman treatment, including biological experiments;
iii) Wilfully causing great suffering, or serious injury to body or health;
iv) Extensive destruction and appropriation of property, not justified by
military necessity and carried out unlawfully and wantonly;
v) Compelling a prisoner of war or other protected person to serve in the
forces of a hostile Power;
vi) Wilfully depriving a prisoner of war or other protected person of the
rights of fair and regular trial;
vii) Unlawful deportation or transfer or unlawful confinement;
viii) Taking of hostages.
b) Other serious violations of the laws and customs applicable in international
armed conflict, within the established framework of international law,
namely, any of the following acts:
i) Intentionally directing attacks against the civilian population as such
or against individual civilians not taking direct part in hostilities;
ii) Intentionally directing attacks against civilian objects, that is, objects
which are not military objectives;
iii) Intentionally directing attacks against personnel, installations, material,
units or vehicles involved in a humanitarian assistance or peacekeeping
mission in accordance with the Charter of the United Nations, as long as
they are entitled to the protection given to civilians or civilian objects
under the international law of armed conflict;
iv) Intentionally launching an attack in the knowledge that such attack
will cause incidental loss of life or injury to civilians or damage to
civilian objects or widespread, long-term and severe damage to the
natural environment which would be clearly excessive in relation to the
concrete and direct overall military advantage anticipated;
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT 473

v) Attacking or bombarding, by whatever means, towns, villages,


dwellings or buildings which are undefended and which are not
military objectives;
vi) Killing or wounding a combatant who, having laid down his arms or
having no longer means of defence, has surrendered at discretion;
vii) Making improper use of a flag of truce, of the flag or of the military
insignia and uniform of the enemy or of the United Nations, as well
as of the distinctive emblems of the Geneva Conventions, resulting
in death or serious personal injury;
viii) The transfer, directly or indirectly, by the Occupying Power of parts
of its own civilian population into the territory it occupies, or the
deportation or transfer of all or parts of the population of the occupied
territory within or outside this territory;
ix) Intentionally directing attacks against buildings dedicated to
religion, education, art, science or charitable purposes, historic
monuments, hospitals and places where the sick and wounded are
collected, provided they are not military objectives;
x) Subjecting persons who are in the power of an adverse party to
physical mutilation or to medical or scientific experiments of any kind
which are neither justified by the medical, dental or hospital treatment
of the person concerned nor carried out in his or her interest, and
which cause death to or seriously endanger the health of such person
or persons;
xi) Killing or wounding treacherously individuals belonging to the hostile
nation or army;
xii) Declaring that no quarter will be given;
xiii) Destroying or seizing the enemys property unless such destruction
or seizure be imperatively demanded by the necessities of war;
xiv) Declaring abolished, suspended or inadmissible in a court of law the
rights and actions of the nationals of the hostile party;
xv) Compelling the nationals of the hostile party to take part in the
operations of war directed against their own country, even if they
were in the belligerents service before the commencement of the war;
xvi) Pillaging a town or place, even when taken by assault;
xvii) Employing poison or poisoned weapons;
xviii) Employing asphyxiating, poisonous or other gases, and all analogous
liquids, materials or devices;
xix) Employing bullets which expand or flatten easily in the human body,
such as bullets with a hard envelope which does not entirely cover the
core or is pierced with incisions;
xx) Employing weapons, projectiles and material and methods of warfare
which are of a nature to cause superfluous injury or unnecessary
suffering or which are inherently indiscriminate in violation of the
474 ROME STATUTE OF 1998

international law of armed conflict, provided that such weapons,


projectiles and material and methods of warfare are the subject of a
comprehensive prohibition and are included in an annex to this
Statute, by an amendment in accordance with the relevant provisions
set forth in articles 121 and 123;
xxi) Committing outrages upon personal dignity, in particular
humiliating and degrading treatment;
xxii) Committing rape, sexual slavery, enforced prostitution, forced
pregnancy, as defined in article 7, paragraph 2 (f), enforced
sterilization, or any other form of sexual violence also constituting
a grave breach of the Geneva Conventions;
xxiii) Utilizing the presence of a civilian or other protected person to
render certain points, areas or military forces immune from
military operations;
xxiv) Intentionally directing attacks against buildings, material, medical
units and transport, and personnel using the distinctive emblems of
the Geneva Conventions in conformity with international law;
xxv) Intentionally using starvation of civilians as a method of warfare by
depriving them of objects indispensable to their survival, including
wilfully impeding relief supplies as provided for under the Geneva
Conventions;
xxvi) Conscripting or enlisting children under the age of fifteen years into
the national armed forces or using them to participate actively in
hostilities.
c) In the case of an armed conflict not of an international character, serious
violations of article 3 common to the four Geneva Conventions of 12 August
1949, namely, any of the following acts committed against persons taking no
active part in the hostilities, including members of armed forces who have
laid down their arms and those placed hors de combat by sickness, wounds,
detention or any other cause:
i) Violence to life and person, in particular murder of all kinds,
mutilation, cruel treatment and torture;
ii) Committing outrages upon personal dignity, in particular
humiliating and degrading treatment;
iii) Taking of hostages;
iv) The passing of sentences and the carrying out of executions without
previous judgement pronounced by a regularly constituted court,
affording all judicial guarantees which are generally recognized as
indispensable.
d) Paragraph 2 (c) applies to armed conflicts not of an international character
and thus does not apply to situations of internal disturbances and tensions,
such as riots, isolated and sporadic acts of violence or other acts of a similar
nature.
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT 475

e) Other serious violations of the laws and customs applicable in armed


conflicts not of an international character, within the established framework
of international law, namely, any of the following acts:
i) Intentionally directing attacks against the civilian population as
such or against individual civilians not taking direct part in
hostilities;
ii) Intentionally directing attacks against buildings, material, medical
units and transport, and personnel using the distinctive emblems of
the Geneva Conventions in conformity with international law;
iii) Intentionally directing attacks against personnel, installations,
material, units or vehicles involved in a humanitarian assistance or
peacekeeping mission in accordance with the Charter of the United
Nations, as long as they are entitled to the protection given to
civilians or civilian objects under the international law of armed
conflict;
iv) Intentionally directing attacks against buildings dedicated to
religion, education, art, science or charitable purposes, historic
monuments, hospitals and places where the sick and wounded are
collected, provided they are not military objectives;
v) Pillaging a town or place, even when taken by assault;
vi) Committing rape, sexual slavery, enforced prostitution, forced
pregnancy, as defined in article 7, paragraph 2 (f), enforced
sterilization, and any other form of sexual violence also constituting
a serious violation of article 3 common to the four Geneva
Conventions;
vii) Conscripting or enlisting children under the age of fifteen years into
armed forces or groups or using them to participate actively in
hostilities;
viii) Ordering the displacement of the civilian population for reasons
related to the conflict, unless the security of the civilians involved or
imperative military reasons so demand;
ix) Killing or wounding treacherously a combatant adversary;
x) Declaring that no quarter will be given;
xi) Subjecting persons who are in the power of another party to the
conflict to physical mutilation or to medical or scientific
experiments of any kind which are neither justified by the medical,
dental or hospital treatment of the person concerned nor carried
out in his or her interest, and which cause death to or seriously
endanger the health of such person or persons;
xii) Destroying or seizing the property of an adversary unless such
destruction or seizure be imperatively demanded by the necessities
of the conflict;
476 ROME STATUTE OF 1998

f) Paragraph 2 (e) applies to armed conflicts not of an international character


and thus does not apply to situations of internal disturbances and tensions,
such as riots, isolated and sporadic acts of violence or other acts of a similar
nature. It applies to armed conflicts that take place in the territory of a State
when there is protracted armed conflict between governmental authorities
and organized armed groups or between such groups.
3. Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a
Government to maintain or re-establish law and order in the State or to defend
the unity and territorial integrity of the State, by all legitimate means.

PART 3

GENERAL PRINCIPLES OF CRIMINAL LAW

ARTICLE 22
Nullum crimen sine lege
1. A person shall not be criminally responsible under this Statute unless the
conduct in question constitutes, at the time it takes place, a crime within the
jurisdiction of the Court.
2. The definition of a crime shall be strictly construed and shall not be extended
by analogy. In case of ambiguity, the definition shall be interpreted in favour of
the person being investigated, prosecuted or convicted.
3. This article shall not affect the characterization of any conduct as criminal
under international law independently of this Statute.

ARTICLE 23
Nulla poena sine lege
A person convicted by the Court may be punished only in accordance with this
Statute.
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT 477

ARTICLE 24
Non-retroactivity ratione personae
1. No person shall be criminally responsible under this Statute for conduct prior
to the entry into force of the Statute.
2. In the event of a change in the law applicable to a given case prior to a final
judgement, the law more favourable to the person being investigated,
prosecuted or convicted shall apply.

ARTICLE 25
Individual criminal responsibility
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be
individually responsible and liable for punishment in accordance with this
Statute.
3. In accordance with this Statute, a person shall be criminally responsible and
liable for punishment for a crime within the jurisdiction of the Court if that
person:
a) Commits such a crime, whether as an individual, jointly with another or
through another person, regardless of whether that other person is
criminally responsible;
b) Orders, solicits or induces the commission of such a crime which in fact
occurs or is attempted;
c) For the purpose of facilitating the commission of such a crime, aids, abets or
otherwise assists in its commission or its attempted commission, including
providing the means for its commission;
d) In any other way contributes to the commission or attempted commission of
such a crime by a group of persons acting with a common purpose. Such
contribution shall be intentional and shall either:
i) Be made with the aim of furthering the criminal activity or criminal
purpose of the group, where such activity or purpose involves the
commission of a crime within the jurisdiction of the Court; or
ii) Be made in the knowledge of the intention of the group to commit the
crime;
e) In respect of the crime of genocide, directly and publicly incites others to
commit genocide;
f) Attempts to commit such a crime by taking action that commences its
execution by means of a substantial step, but the crime does not occur
because of circumstances independent of the person's intentions. However,
a person who abandons the effort to commit the crime or otherwise
478 ROME STATUTE OF 1998

prevents the completion of the crime shall not be liable for punishment
under this Statute for the attempt to commit that crime if that person
completely and voluntarily gave up the criminal purpose.
4. No provision in this Statute relating to individual criminal responsibility shall
affect the responsibility of States under international law.

ARTICLE 26
Exclusion of jurisdiction over persons under eighteen
The Court shall have no jurisdiction over any person who was under the age of
18 at the time of the alleged commission of a crime.

ARTICLE 27
Irrelevance of official capacity
1. This Statute shall apply equally to all persons without any distinction based on
official capacity. In particular, official capacity as a Head of State or
Government, a member of a Government or parliament, an elected
representative or a government official shall in no case exempt a person from
criminal responsibility under this Statute, nor shall it, in and of itself, constitute
a ground for reduction of sentence.
2. Immunities or special procedural rules which may attach to the official capacity
of a person, whether under national or international law, shall not bar the Court
from exercising its jurisdiction over such a person.

ARTICLE 28
Responsibility of commanders and other superiors
In addition to other grounds of criminal responsibility under this Statute for
crimes within the jurisdiction of the Court:
a) A military commander or person effectively acting as a military commander
shall be criminally responsible for crimes within the jurisdiction of the
Court committed by forces under his or her effective command and control,
or effective authority and control as the case may be, as a result of his or her
failure to exercise control properly over such forces, where:
i) That military commander or person either knew or, owing to the
circumstances at the time, should have known that the forces were com-
mitting or about to commit such crimes; and
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT 479

ii) That military commander or person failed to take all necessary and
reasonable measures within his or her power to prevent or repress their
commission or to submit the matter to the competent authorities for
investigation and prosecution.
b) With respect to superior and subordinate relationships not described in
paragraph (a), a superior shall be criminally responsible for crimes within
the jurisdiction of the Court committed by subordinates under his or her
effective authority and control, as a result of his or her failure to exercise
control properly over such subordinates, where:
i) The superior either knew, or consciously disregarded information
which clearly indicated, that the subordinates were committing or about
to commit such crimes;
ii) The crimes concerned activities that were within the effective
responsibility and control of the superior; and
iii) The superior failed to take all necessary and reasonable measures with-
in his or her power to prevent or repress their commission or to submit
the matter to the competent authorities for investigation and
prosecution.

ARTICLE 29
Non-applicability of statute of limitations
The crimes within the jurisdiction of the Court shall not be subject to any statute
of limitations.

ARTICLE 30
Mental element
1. Unless otherwise provided, a person shall be criminally responsible and liable
for punishment for a crime within the jurisdiction of the Court only if the
material elements are committed with intent and knowledge.
2. For the purposes of this article, a person has intent where:
a) In relation to conduct, that person means to engage in the conduct;
b) In relation to a consequence, that person means to cause that consequence
or is aware that it will occur in the ordinary course of events.
3. For the purposes of this article, "knowledge" means awareness that a
circumstance exists or a consequence will occur in the ordinary course of
events. "Know" and "knowingly" shall be construed accordingly.
480 ROME STATUTE OF 1998

ARTICLE 31
Grounds for excluding criminal responsibility
1. In addition to other grounds for excluding criminal responsibility provided for
in this Statute, a person shall not be criminally responsible if, at the time of that
person's conduct:
a) The person suffers from a mental disease or defect that destroys that
person's capacity to appreciate the unlawfulness or nature of his or her
conduct, or capacity to control his or her conduct to conform to the
requirements of law;
b) The person is in a state of intoxication that destroys that person's capacity to
appreciate the unlawfulness or nature of his or her conduct, or capacity to
control his or her conduct to conform to the requirements of law, unless the
person has become voluntarily intoxicated under such circumstances that
the person knew, or disregarded the risk, that, as a result of the intoxication,
he or she was likely to engage in conduct constituting a crime within the
jurisdiction of the Court;
c) The person acts reasonably to defend himself or herself or another person
or, in the case of war crimes, property which is essential for the survival of
the person or another person or property which is essential for
accomplishing a military mission, against an imminent and unlawful use of
force in a manner proportionate to the degree of danger to the person or the
other person or property protected. The fact that the person was involved in
a defensive operation conducted by forces shall not in itself constitute a
ground for excluding criminal responsibility under this subparagraph;
d) The conduct which is alleged to constitute a crime within the jurisdiction of
the Court has been caused by duress resulting from a threat of imminent
death or of continuing or imminent serious bodily harm against that person
or another person, and the person acts necessarily and reasonably to avoid
this threat, provided that the person does not intend to cause a greater harm
than the one sought to be avoided. Such a threat may either be:
i) Made by other persons; or
ii) Constituted by other circumstances beyond that person's control.
2. The Court shall determine the applicability of the grounds for excluding
criminal responsibility provided for in this Statute to the case before it.
3. At trial, the Court may consider a ground for excluding criminal responsibility
other than those referred to in paragraph 1 where such a ground is derived from
applicable law as set forth in article 21. The procedures relating to the
consideration of such a ground shall be provided for in the Rules of Procedure
and Evidence.
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT 481

ARTICLE 32
Mistake of fact or mistake of law
1. A mistake of fact shall be a ground for excluding criminal responsibility only if
it negates the mental element required by the crime.
2. A mistake of law as to whether a particular type of conduct is a crime within the
jurisdiction of the Court shall not be a ground for excluding criminal
responsibility. A mistake of law may, however, be a ground for excluding
criminal responsibility if it negates the mental element required by such a
crime, or as provided for in article 33.

ARTICLE 33
Superior orders and prescription of law
1. The fact that a crime within the jurisdiction of the Court has been committed
by a person pursuant to an order of a Government or of a superior, whether
military or civilian, shall not relieve that person of criminal responsibility
unless:
a) The person was under a legal obligation to obey orders of the Government
or the superior in question;
b) The person did not know that the order was unlawful; and
c) The order was not manifestly unlawful.
2. For the purposes of this article, orders to commit genocide or crimes against
humanity are manifestly unlawful.
()
482

XVI
ARTICLE 38
OF THE UNITED NATIONS CONVENTION
OF 20 NOVEMBER 1989
ON THE RIGHTS OF THE CHILD

1. States Parties undertake to respect and to ensure respect for rules of


international humanitarian law applicable to them in armed conflicts which are
relevant to the child.
2. States Parties shall take all feasible measures to ensure that persons who have
not attained the age of fifteen years do not take a direct part in hostilities.
3. States Parties shall refrain from recruiting any person who has not attained the
age of fifteen years into their armed forces. In recruiting among those persons
who have attained the age of fifteen years but who have not attained the age of
eighteen years, States Parties shall endeavour to give priority to those who are
oldest.
4. In accordance with their obligations under international humanitarian law to
protect the civilian population in armed conflicts, States Parties shall take all
feasible measures to ensure protection and care of children who are affected by
an armed conflict.
XVII
OPTIONAL PROTOCOL TO THE CONVENTION
ON THE RIGHTS OF THE CHILD ON THE INVOLVEMENT
OF CHILDREN IN ARMED CONFLICT
25 May 2000

The States Parties to the present Protocol,


Encouraged by the overwhelming support for the Convention on the Rights of
the Child, demonstrating the widespread commitment that exists to strive for the
promotion and protection of the rights of the child,
Reaffirming that the rights of children require special protection, and calling for
continuous improvement of the situation of children without distinction, as well as
for their development and education in conditions of peace and security,
Disturbed by the harmful and widespread impact of armed conflict on children
and the long-term consequences this has for durable peace, security and
development,
Condemning the targeting of children in situations of armed conflict and direct
attacks on objects protected under international law, including places generally
having a significant presence of children, such as schools and hospitals,
Noting the adoption of the Statute of the International Criminal Court and, in
particular, its inclusion as a war crime of conscripting or enlisting children under
the age of 15 years or using them to participate actively in hostilities in both
international and non-international armed conflicts,
Considering, therefore, that to strengthen further the implementation of rights
recognized in the Convention on the Rights of the Child there is a need to increase
the protection of children from involvement in armed conflict,
Noting that article 1 of the Convention on the Rights of the Child specifies that,
for the purposes of that Convention, a child means every human being below the
age of 18 years unless, under the law applicable to the child, majority is attained
earlier,
Convinced that an optional protocol to the Convention raising the age of
possible recruitment of persons into armed forces and their participation in
hostilities will contribute effectively to the implementation of the principle that the
best interests of the child are to be a primary consideration in all actions
concerning children,
484 OPTIONAL PROTOCOL OF 2000

Noting that the twenty-sixth International Conference of the Red Cross and Red
Crescent in December 1995 recommended, inter alia, that parties to conflict take
every feasible step to ensure that children under the age of 18 years do not take part
in hostilities,
Welcoming the unanimous adoption, in June 1999, of International Labour
Organization Convention No.182 on the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour, which prohibits, inter alia, forced
or compulsory recruitment of children for use in armed conflict,
Condemning with the gravest concern the recruitment, training and use within
and across national borders of children in hostilities by armed groups distinct from
the armed forces of a State, and recognizing the responsibility of those who recruit,
train and use children in this regard,
Recalling the obligation of each party to an armed conflict to abide by the
provisions of international humanitarian law,
Stressing that the present Protocol is without prejudice to the purposes and
principles contained in the Charter of the United Nations, including Article 51, and
relevant norms of humanitarian law,
Bearing in mind that conditions of peace and security based on full respect of the
purposes and principles contained in the Charter and observance of applicable
human rights instruments are indispensable for the full protection of children, in
particular during armed conflicts and foreign occupation,
Recognizing the special needs of those children who are particularly vulnerable
to recruitment or use in hostilities contrary to this Protocol owing to their
economic or social status or gender,
Mindful of the necessity of taking into consideration the economic, social and
political root causes of the involvement of children in armed conflicts,
Convinced of the need to strengthen international cooperation in the
implementation of this Protocol, as well as the physical and psychosocial
rehabilitation and social reintegration of children who are victims of armed
conflict,
Encouraging the participation of the community and, in particular, children and
child victims in the dissemination of informational and educational programmes
concerning the implementation of the Protocol,
Have agreed as follows:
CHILDREN IN ARMED CONFLICT 485

ARTICLE 1
States Parties shall take all feasible measures to ensure that members of their
armed forces who have not attained the age of 18 years do not take a direct part in
hostilities.

ARTICLE 2
States Parties shall ensure that persons who have not attained the age of 18 years
are not compulsorily recruited into their armed forces.

ARTICLE 3
1. States Parties shall raise the minimum age for the voluntary recruitment of
persons into their national armed forces from that set out in article 38,
paragraph 3, of the Convention on the Rights of the Child, taking account of the
principles contained in that article and recognizing that under the Convention
persons under 18 are entitled to special protection.
2. Each State Party shall deposit a binding declaration upon ratification of or
accession to this Protocol that sets forth the minimum age at which it will
permit voluntary recruitment into its national armed forces and a description
of the safeguards that it has adopted to ensure that such recruitment is not
forced or coerced.
3. States Parties that permit voluntary recruitment into their national armed
forces under the age of 18 shall maintain safeguards to ensure, as a minimum,
that:
a) Such recruitment is genuinely voluntary;
b) Such recruitment is done with the informed consent of the persons parents
or legal guardians;
c) Such persons are fully informed of the duties involved in such military
service;
d) Such persons provide reliable proof of age prior to acceptance into national
military service.
4. Each State Party may strengthen its declaration at any time by notification to
that effect addressed to the Secretary-General of the United Nations, who shall
inform all States Parties. Such notification shall take effect on the date on which
it is received by the Secretary-General.
5. The requirement to raise the age in paragraph 1 of the present article does not
apply to schools operated by or under the control of the armed forces of the
States Parties, in keeping with articles 28 and 29 of the Convention on the
Rights of the Child.
486 OPTIONAL PROTOCOL OF 2000

ARTICLE 4
1. Armed groups that are distinct from the armed forces of a State should not,
under any circumstances, recruit or use in hostilities persons under the age of
18 years.
2. States Parties shall take all feasible measures to prevent such recruitment and
use, including the adoption of legal measures necessary to prohibit and
criminalize such practices.
3. The application of the present article under this Protocol shall not affect the
legal status of any party to an armed conflict.

ARTICLE 5
Nothing in the present Protocol shall be construed as precluding provisions in
the law of a State Party or in international instruments and international humani-
tarian law that are more conducive to the realization of the rights of the child.

ARTICLE 6
1. Each State Party shall take all necessary legal, administrative and other
measures to ensure the effective implementation and enforcement of the
provisions of the present Protocol within its jurisdiction.
2. States Parties undertake to make the principles and provisions of the present
Protocol widely known and promoted by appropriate means, to adults and
children alike.
3. States Parties shall take all feasible measures to ensure that persons within their
jurisdiction recruited or used in hostilities contrary to the present Protocol are
demobilized or otherwise released from service. States Parties shall, when
necessary, accord to these persons all appropriate assistance for their physical
and psychological recovery and their social reintegration.

ARTICLE 7
1. States Parties shall cooperate in the implementation of the present Protocol,
including in the prevention of any activity contrary to the Protocol and in the
rehabilitation and social reintegration of persons who are victims of acts contrary
to this Protocol, including through technical cooperation and financial assistance.
Such assistance and cooperation will be undertaken in consultation with
concerned States Parties and relevant international organizations.
2. States Parties in a position to do so shall provide such assistance through existing
multilateral, bilateral or other programmes or, inter alia, through a voluntary
fund established in accordance with the rules of the General Assembly.
CHILDREN IN ARMED CONFLICT 487

ARTICLE 8
1. Each State Party shall submit, within two years following the entry into force of
the Protocol for that State Party, a report to the Committee on the Rights of the
Child providing comprehensive information on the measures it has taken to
implement the provisions of the Protocol, including the measures taken to
implement the provisions on participation and recruitment.
2. Following the submission of the comprehensive report, each State Party shall
include in the reports they submit to the Committee on the Rights of the Child,
in accordance with article 44 of the Convention, any further information with
respect to the implementation of the Protocol. Other States Parties to the
Protocol shall submit a report every five years.
3. The Committee on the Rights of the Child may request from States Parties
further information relevant to the implementation of this Protocol.

ARTICLE 9
1. The present Protocol is open for signature by any State that is a party to the
Convention or has signed it.
2. The present Protocol is subject to ratification and is open to accession by any
State. Instruments of ratification or accession shall be deposited with the
Secretary-General of the United Nations.
3. The Secretary-General, in his capacity as depositary of the Convention and the
Protocol, shall inform all States Parties to the Convention and all States that have
signed the Convention of each instrument of declaration pursuant to article 3.

ARTICLE 10
1. The present Protocol shall enter into force three months after the deposit of the
tenth instrument of ratification or accession.
2. For each State ratifying the present Protocol or acceding to it after its entry into
force, the present Protocol shall enter into force one month after the date of the
deposit of its own instrument of ratification or accession.

ARTICLE 11
1. Any State Party may denounce the present Protocol at any time by written
notification to the Secretary-General of the United Nations, who shall thereafter
inform the other States Parties to the Convention and all States that have signed
the Convention. The denunciation shall take effect one year after the date of
receipt of the notification by the Secretary-General. If, however, on the expiry of
that year the denouncing State Party is engaged in armed conflict, the
denunciation shall not take effect before the end of the armed conflict.
488 OPTIONAL PROTOCOL OF 2000

2. Such a denunciation shall not have the effect of releasing the State Party from its
obligations under the present Protocol in regard to any act that occurs prior to
the date on which the denunciation becomes effective. Nor shall such a
denunciation prejudice in any way the continued consideration of any matter
that is already under consideration by the Committee prior to the date on which
the denunciation becomes effective.

ARTICLE 12
1. Any State Party may propose an amendment and file it with the Secretary-
General of the United Nations. The Secretary-General shall thereupon
communicate the proposed amendment to States Parties with a request that
they indicate whether they favour a conference of States Parties for the purpose
of considering and voting upon the proposals. In the event that, within four
months from the date of such communication, at least one third of the States
Parties favour such a conference, the Secretary-General shall convene the
conference under the auspices of the United Nations. Any amendment adopted
by a majority of States Parties present and voting at the conference shall be
submitted to the General Assembly for approval.
2. An amendment adopted in accordance with paragraph 1 of the present article
shall enter into force when it has been approved by the General Assembly of the
United Nations and accepted by a two-thirds majority of States Parties.
3. When an amendment enters into force, it shall be binding on those States
Parties that have accepted it, other States Parties still being bound by the
provisions of the present Protocol and any earlier amendments that they have
accepted.

ARTICLE 13
1. The present Protocol, of which the Arabic, Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited in the archives of the
United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of
the present Protocol to all States Parties to the Convention and all States that
have signed the Convention.
C. OTHER LEGAL TEXTS

I
ARTICLE 25
OF THE COVENANT OF THE LEAGUE OF NATIONS (1920)

The Members of the League agree to encourage and promote the establishment
and co-operation of duly authorized voluntary national Red Cross organizations
having as purposes the improvement of health, the prevention of disease and the
mitigation of suffering throughout the world.

legal texts
Other
II
RESOLUTION 55 (I)
OF THE UNITED NATIONS GENERAL ASSEMBLY
RELATIVE TO THE RED CROSS

The General Assembly draws the attention of the Members of the United
Nations to the fact that the following purposes are of special concern, namely:
a) That the said Members should encourage and promote the establishment
and co-operation of duly authorized voluntary National Red Cross and Red
Crescent Societies;
b) That at all times the independent voluntary nature of the National Red Cross
and Red Crescent Societies be respected in all circumstances, provided they
are recognized by their Governments and carry on their work according to
the principles of the Geneva and The Hague Conventions and in the
humanitarian spirit of the Red Cross and Red Crescent;
c) That the necessary steps be taken to ensure that in all circumstances contact
may be maintained between the National Red Cross and Red Crescent
Societies of all countries, so as to enable them to carry out their
humanitarian task.
Forty-ninth plenary meeting,
19 November 1946
III
RESOLUTION 2444/XXIII OF THE UNITED NATIONS
GENERAL ASSEMBLY RELATIVE TO
THE RESPECT FOR HUMAN RIGHTS
IN ARMED CONFLICT

The General Assembly,


Recognizing the necessity of applying basic humanitarian principles in all armed
conflicts,
Taking note of resolution XXIII on human rights in armed conflicts, adopted on
12 May 1968 by the International Conference on Human Rights,
Affirming that the provisions of that resolution need to be implemented
effectively as soon as possible,
1. Affirms resolution XXVIII of the XXth International Conference of the Red
Cross held at Vienna in 1965, which laid down, inter alia, the following principles
for observance by all governmental and other authorities responsible for action in
armed conflicts:
a) That the right of the parties to a conflict to adopt means of injuring the
enemy is not unlimited;
b) That it is prohibited to launch attacks against the civilian populations as
such;
c) That distinction must be made at all times between persons taking part in
the hostilities and members of the civilian population to the effect that the
latter be spared as much as possible;
2. Invites the Secretary-General, in consultation with the International
Committee of the Red Cross and other appropriate international organizations,
to study:
a) Steps which could be taken to secure the better application of existing
humanitarian international conventions and rules in all armed conflicts;
b) The need for additional humanitarian international conventions or for other
appropriate legal instruments to ensure the better protection of civilians,
prisoners and combatants in all armed conflicts and the prohibition and
limitation of the use of certain methods and means of warfare;
3. Requests the Secretary-General to take all other necessary steps to give effect
to the provisions of the present resolution and to report to the General Assembly at
its twenty-fourth session on the steps he has taken;
1993 INTERNATIONAL CONFERENCE 491

4. Further requests Member States to extend all possible assistance to the


Secretary-General in the preparation of the study requested in paragraph 2 above;
5. Calls upon all States which have not yet done so to become parties to the
Hague Conventions of 1899 and 1907, the Geneva Protocol of 1925 and the Geneva
Conventions of 1949.
1748th plenary meeting,
19 December 1968

IV
FINAL DECLARATION
OF THE INTERNATIONAL CONFERENCE
FOR THE PROTECTION OF WAR VICTIMS
The participants in the International Conference for the Protection of War
Victims, held in Geneva from 30 August to 1 September 1993,
solemnly declare the following:

I
1. We refuse to accept that war, violence and hatred spread throughout the world,
and fundamental rights of persons are violated in an increasingly grave and
systematic fashion. We refuse to accept that wounded are shown no mercy,
children massacred, women raped, prisoners tortured, victims denied
elementary humanitarian assistance, civilians starved as a method of warfare,
obligations under international humanitarian law in territories under foreign
occupation not respected, families of missing persons denied information
about the fate of their relatives, populations illegally displaced, and countries
laid to waste.
2. We refuse to accept that, since war has not been eradicated, obligations under
international humanitarian law aimed at limiting the suffering caused by armed
conflicts are constantly violated.We vigorously condemn these violations which
result in a continued deterioration of the situation of persons whom the law is
intended to protect.
3. We refuse to accept that civilian populations should become more and more
frequently the principal victim of hostilities and acts of violence perpetrated in
the course of armed conflicts, for example where they are intentionally targeted
or used as human shields, and particularly when they are victims of the odious
practice of ethnic cleansing. We are alarmed by the marked increase in acts of
492 OTHER LEGAL TEXTS

sexual violence directed notably against women and children and we reiterate
that such acts constitute grave breaches of international humanitarian law.
4. We deplore the means and methods used in the conduct of hostilities which
cause heavy suffering among civilians. In that context we reaffirm our
determination to apply, to clarify and, where it is deemed necessary, to consider
further developing the existing law governing armed conflicts, in particular non-
international ones, in order to ensure more effective protection for their victims.
5. We affirm the necessity to reinforce, in accordance with international law, the
bond of solidarity that must unite mankind against the tragedy of war and in all
efforts to protect the victims thereof. In that spirit, we support peaceful bilateral
and multilateral initiatives aimed at easing tensions and preventing the
outbreak of armed conflicts.
6. We undertake to act in cooperation with the UN and in conformity with the
UN Charter to ensure full compliance with international humanitarian law in
the event of genocide and other serious violations of this law.
7. We demand that measures be taken at the national, regional and international
levels to allow assistance and relief personnel to carry out in all safety their
mandate in favour of the victims of an armed conflict. Stressing that peace-
keeping forces are bound to act in accordance with international humanitarian
law, we also demand that the members of peace-keeping forces be permitted to
fulfil their mandate without hindrance and that their physical integrity be
respected.

II
We affirm our responsibility, in accordance with Article 1 common to the
Geneva Conventions, to respect and ensure respect for international humanitarian
law in order to protect the victims of war. We urge all States to make every effort to:
1. Disseminate international humanitarian law in a systematic way by teaching its
rules to the general population, including incorporating them in education
programmes and by increasing media awareness, so that people may assimilate
that law and have the strength to react in accordance with these rules to
violations thereof.
2. Organize the teaching of international humanitarian law in the public
administrations responsible for its application and incorporate the
fundamental rules in military training programmes, and military code books,
handbooks and regulations, so that each combatant is aware of his or her
obligation to observe and help enforce these rules.
3. Study with utmost attention practical means of promoting understanding of
and respect for international humanitarian law in armed conflicts in the event
that State structures disintegrate so that a State cannot discharge its obligations
under that law.
1993 INTERNATIONAL CONFERENCE 493

4. Consider or reconsider, in order to enhance the universal character of


international humanitarian law, becoming party or confirming their
succession, where appropriate, to the relevant treaties concluded since the
adoption of the 1949 Geneva Conventions, in particular:
the Protocol Additional to the Geneva Conventions of 12 August 1949, and
relating to the Protection of Victims of International Armed Conflicts of
8 June 1977 (Protocol I);
the Protocol Additional to the Geneva Conventions of 12 August 1949, and
relating to the Protection of Victims of Non-International Armed Conflicts
of 8 June 1977 (Protocol II);
the 1980 Convention on Prohibitions or Restrictions on the Use of Certain
Conventional Weapons and its three Protocols;
the 1954 Convention for the Protection of Cultural Property in the Event of
Armed Conflict.
5. Adopt and implement, at the national level, all appropriate regulations, laws and
measures to ensure respect for international humanitarian law applicable in the
event of armed conflict and to punish violations thereof.
6. Contribute to an impartial clarification of alleged violations of international
humanitarian law and, in particular, consider recognizing the competence of
the International Fact-Finding Commission according to Article 90 of
Protocol I mentioned in Part II, paragraph 4 of this Declaration.
7. Ensure that war crimes are duly prosecuted and do not go unpunished, and
accordingly implement the provisions on the punishment of grave breaches of
international humanitarian law and encourage the timely establishment of
appropriate international legal machinery, and in this connection acknowledge
the substantial work accomplished by the International Law Commission on an
international criminal court. We reaffirm that States which violate international
humanitarian law shall, if the case demands, be liable to pay compensation.
8. Improve the coordination of emergency humanitarian actions in order to give
them the necessary coherence and efficiency, provide the necessary support to
the humanitarian organizations entrusted with granting protection and
assistance to the victims of armed conflicts and supplying, in all impartiality,
victims of armed conflicts with goods or services essential to their survival,
facilitate speedy and effective relief operations by granting to those
humanitarian organizations access to the affected areas, and take the
appropriate measures to enhance the respect for their safety, security and
integrity, in conformity with applicable rules of international humanitarian law.
9. Increase respect for the emblems of the red cross and red crescent as well as for
the other emblems provided for by international humanitarian law and
protecting medical personnel, objects, installations and means of transport,
religious personnel and places of worship, and relief personnel, goods and
convoys as defined in international humanitarian law.
494 OTHER LEGAL TEXTS

10. Reaffirm and ensure respect for the rules of international humanitarian law
applicable during armed conflicts protecting cultural property, places of
worship and the natural environment, either against attacks on the environment
as such or against wanton destruction causing serious environmental damage;
and continue to examine the opportunity of strengthening them.
11. Ensure the effectiveness of international humanitarian law and take resolute
action, in accordance with that law, against States bearing responsibility for
violations of international humanitarian law with a view to terminating such
violations.
12. Take advantage of the forthcoming Conference for the review of the 1980
Convention on Prohibitions or Restrictions on the Use of Certain Conventional
Weapons and the three Protocols thereto, which provides a platform for wider
accession to this instrument, and to consider strengthening existing law with a
view to finding effective solutions to the problem of the indiscriminate use of
mines whose explosions maim civilians in different parts of the world.
With this Declaration in mind, we reaffirm the necessity to make the
implementation of international humanitarian law more effective. In this spirit, we
call upon the Swiss Government to convene an open-ended intergovernmental
group of experts to study practical means of promoting full respect for and
compliance with that law, and to prepare a report for submission to the States and
to the next session of the International Conference of the Red Cross and Red
Crescent.
In conclusion we affirm our conviction that, by preserving a spirit of humanity
in the midst of armed conflicts, international humanitarian law keeps open the
road to reconciliation, facilitates the restoration of peace between the belligerents,
and fosters harmony between all peoples.
V
OBSERVER STATUS
FOR THE INTERNATIONAL COMMITTEE OF THE RED CROSS

(A/RES/45/6, 16 October 1990, forty-fifth session)


On 16 October 1990, the United Nations General Assembly at its forty-fifth
session decided to invite the ICRC to take part in its proceedings as an observer.
A resolution to this effect, which was sponsored by 138 of the United Nations
members, was adopted without a vote.
The text of the resolution is as follows:

Observer status for the International Committee


of the Red Cross in consideration of the special role
and mandates conferred upon it by the
Geneva Conventions of 12 August 1949

The General Assembly,


Recalling the mandates conferred upon the International Committee of the Red
Cross by the Geneva Conventions of 12 August 1949,
Considering the special role carried on accordingly by the International
Committee of the Red Cross in international humanitarian relations,
Desirous of promoting co-operation between the United Nations and the
International Committee of the Red Cross,
1. Decides to invite the International Committee of the Red Cross to participate
in the sessions and the work of the General Assembly in the capacity of observer,
2. Requests the Secretary-General to take the necessary action to implement the
present resolution.
31st plenary meeting
16 October 1990

In a letter dated 16 August 1990 to the UN Secretary-General, the permanent


representatives of 21 countries asked that the question of observer status for the
ICRC be included in the agenda. The letter was accompanied by an explanatory
memorandum (Doc. A/45/191), the text of which is printed below, and the draft
resolution (see above).
ANNEX

OBSERVER STATUS FOR THE INTERNATIONAL COMMITTEE


OF THE RED CROSS IN CONSIDERATION OF THE SPECIAL ROLE
AND MANDATES CONFERRED UPON IT BY THE
GENEVA CONVENTIONS OF 12 AUGUST 1949
Explanatory memorandum
1. The International Committee of the Red Cross (ICRC) is an independent
humanitarian institution that was founded at Geneva, Switzerland, in 1863. In
conformity with the mandate conferred on it by the international community of
States through universally ratified international treaties, ICRC acts as a neutral
intermediary to provide protection and assistance to the victims of international
and non-international armed conflicts.
2. The four Geneva Conventions of 12 August 1949 for the protection of war
victims, to which 166 States are party, and their two Additional Protocols of 1977
explicitly establish the role of the ICRC as a neutral and impartial humanitarian
intermediary. The treaties of international humanitarian law thus assign duties to
ICRC that are similar to those of a Protecting Power responsible for safeguarding
the interests of a State at war, in that ICRC may act as a substitute for the Protecting
Power within the meaning of the 1949 Geneva Conventions and 1977 Additional
Protocol I. Moreover, the International Committee of the Red Cross has the same
right of access as a Protecting Power to prisoners of war (the Third Geneva
Convention) and civilians covered by the Geneva Convention relative to the
Protection of Civilian Persons in Time of War (the Fourth Geneva Convention). In
addition to these specific tasks ICRC, as a neutral institution, has a right of initiative
deriving from a provision common to the four Geneva Conventions that entitles it
to make any proposal it deems to be in the interest of the victims of the conflict.
3. The Statutes of the International Red Cross and Red Crescent Movement, as
adopted by the International Conference of the Red Cross and Red Crescent, in
which the States parties to the Geneva Conventions take part, require ICRC to
spread knowledge and increase understanding of international humanitarian law
and promote the development thereof. The Statutes also provide that ICRC shall
uphold and make known the Movements fundamental principles, namely,
humanity, impartiality, neutrality, independence, voluntary service, unity and
universality.
4. It was at the initiative of ICRC that the original Geneva Convention for the
Amelioration of the Condition of the Wounded in Armies in the Field was adopted
by Governments in 1864. Ever since, ICRC has endeavoured to develop
international humanitarian law to keep pace with the evolution of conflicts.
5. In order to fulfil the mandate conferred on it by international humanitarian
law, the resolutions of the International Conference of the Red Cross and Red
OBSERVER STATUS FOR THE ICRC 497

Crescent and the Statutes of the Movement, ICRC has concluded with many States
headquarters agreements governing the status of its delegations and their staff. In
the course of its work, ICRC has concluded other agreements with States and inter-
governmental organizations.
6. With an average of 590 delegates working in 48 delegations, ICRC was active
in 1989 in nearly 90 countries in Africa, Asia, Europe, Latin America and the Middle
East including the countries covered from its various regional delegations
providing protection and assistance to the victims of armed conflicts by virtue of
the Geneva Conventions and, with the agreement of the Governments concerned, to
victims of internal disturbances and tension.
7. In the event of international armed conflict, the mandate of ICRC is to visit
prisoners of war and civilians in accordance with the provisions of the Geneva
Convention relative to the Treatment of Prisoners of War (Third Convention), the
Geneva Convention relative to the Protection of Civilian Persons in Time of War
(Fourth Convention) and the Protocol Additional to the Geneva Conventions of
12 August 1949 and relating to the Protection of Victims of International Armed
Conflicts (Protocol I). In situations of non-international armed conflict, ICRC
bases its requests for access to persons deprived of their freedom on account of the
conflict on Article 3 common to the Geneva Conventions and on the Protocol
Additional to the Geneva Conventions of 12 August 1949 and relating to the
Protection of Victims of Non-International Armed Conflicts (Protocol II).
8. In situations other than those covered by the Geneva Conventions and their
Additional Protocols, ICRC may avail itself of its statutory right of initiative to
propose to Governments that it be granted access to persons deprived of their
freedom as a result of internal disturbances and tension.
9. The purpose of ICRC visits to persons deprived of their freedom is
exclusively humanitarian: ICRC delegates observe the treatment afforded to
prisoners, examine their material and psychological conditions of detention and,
whenever necessary, request the authorities to take steps to improve the detainees
treatment and living conditions. ICRC never expresses an opinion on the grounds
for detention. Its findings are recorded in confidential reports that are not intended
for publication.
10. In the event of armed conflicts or internal disturbances, ICRC provides
material and medical assistance, with the consent of the Governments concerned
and on condition that it is allowed to assess the urgency of victims needs on the
spot, to carry out surveys in the field to identify the categories and the number of
people requiring assistance and to organize and monitor relief distributions.
11. The activities of the Central Tracing Agency of ICRC are based on the
institutions obligations under the Geneva Conventions to assist military and
civilian victims of international armed conflicts and on its right of humanitarian
initiative in other situations. The work of the Agency and its delegates in the field
consists in collecting, recording, centralizing and, where appropriate, forwarding
498 OTHER LEGAL TEXTS

information concerning people entitled to ICRC assistance, such as prisoners of


war, civilian internees, detainees, displaced persons and refugees. It also includes
restoring contact between separated family members, essentially by means of
family messages where normal means of communication do not exist or have been
disrupted because of a conflict, tracing persons reported missing or whose families
have no news of them, organizing family reunifications, transfers to safe places and
repatriation operations.
12. The tasks of ICRC and the United Nations increasingly complement one
another and cooperation between the two institutions is closer, both in their field
activities and in their efforts to enhance respect for international humanitarian law.
In recent years, this has been seen in many operations to provide protection and
assistance to the victims of conflict in all parts of the world.
13. ICRC and the United Nations have also cooperated closely on legal matters,
with ICRC contributing to the United Nations work in this field. This is also
reflected in resolutions of the Security Council, the General Assembly and its
subsidiary bodies and reports of the Secretary-General.
14. Participation of ICRC as an observer at the proceedings of the General
Assembly would further enhance cooperation between the United Nations and
ICRC and facilitate the work of ICRC.
VI
OBSERVER STATUS
FOR THE INTERNATIONAL FEDERATION
OF RED CROSS AND RED CRESCENT SOCIETIES

(A/RES/49/2, 27 October 1994, forty-ninth session)

Observer status for the International Federation


of Red Cross and Red Crescent Societies in the
General Assembly

The General Assembly,


Recalling the special functions of the member societies of the International
Federation of Red Cross and Red Crescent Societies which are recognized by their
respective Governments as auxiliaries to the public authorities in the humanitarian
field on the basis of the Geneva Conventions of 12 August 1949,1
Considering the specific role of the International Federation in international
humanitarian relations as further defined by the International Conference of the
Red Cross and Red Crescent,
Desirous of promoting cooperation between the United Nations and the
International Federation,
1. Decides to invite the International Federation of Red Cross and Red Crescent
Societies to participate in the sessions and the work of the General Assembly in the
capacity of observer;
2. Requests the Secretary-General to take the necessary action to implement the
present resolution.
38th plenary meeting
19 October 1994

1 1/ United Nations, Treaty Series, vol. 75, Nos. 970-973. 94-60009.


ANNEX

OBSERVER STATUS
FOR THE INTERNATIONAL FEDERATION
OF RED CROSS AND RED CRESCENT SOCIETIES
Explanatory memorandum
1. Founded in 1919, the International Federation of Red Cross and Red
Crescent Societies (formerly the League of Red Cross and Red Crescent Societies)
is the federation of all 162 recognized National Red Cross and Red Crescent
Societies of the world. It acts under its own Constitution with all rights and
obligations of a corporate body with a legal personality. Its secretariat is based in
Geneva (Switzerland).
2. The Red Cross and Red Crescent Societies members of the Federation are
recognized as voluntary aid societies, auxiliaries to the public authorities in the
humanitarian field, by the legal Governments of their respective countries on the
basis of the Geneva Conventions of 12 August 1949 for the Protection of War
Victims (to which, currently, 185 States are party) and of the national legislation.
The member societies of the Federation are entrusted with tasks of a public
character deriving directly from universal international treaties including the 1949
Geneva Conventions, from the Statutes of the International Red Cross and Red
Crescent Movement (as modified by the 25th International Conference of the Red
Cross and Red Crescent, Geneva, 1986, in which all States parties to the Geneva
Conventions took part), from the resolutions of the said Conference or from their
national legislation.
3. A recent survey established that the member societies of the Federation are
together representing some 125 million members and volunteers with
approximately 277,000 employed staff. The yearly turnover of the national
programmes (basic education, health care and social welfare programmes,
ambulance services, blood collection and transfusion, etc.) managed by these
Societies is about 23 billion Swiss francs (currently equivalent to $17.2 billion).
4. In accordance with its Constitution, the Federation is the official
representative of its member societies in the international field and the guardian of
their integrity and the protector of their interests.
5. The functions of the Federation, endorsed by States when they adopted the
Statutes of the International Red Cross and Red Crescent Movement, are, inter alia,
To bring relief by all available means to all disaster victims;
To organize, coordinate and direct international relief actions and to
assist the national societies in their disaster relief preparedness;
To bring help to victims of armed conflicts in accordance with the
agreements concluded with the International Committee of the Red Cross;
OBSERVER STATUS FOR THE FEDERATION 501

To encourage and promote in every country the establishment and


development of an independent and duly recognized national society;
To carry out the mandates entrusted to it by the International Conference
of the Red Cross and Red Crescent.
6. With an average of well above 300 delegates working in 11 regional and 56
country delegations, the Federation secretariat, with the support of its member
societies that provide the major part of the funds, relief consignments and
personnel, has been active in 1993 throughout the world providing assistance to
victims of disasters and sustaining development programmes. In particular, the
Federation is increasingly addressing the needs of displaced persons and refugees.
New international relief appeals launched in 1993 totalled some SwF 409.7 million
($315 million) and were programmed to assist 15.2 million people world wide. By
the middle of 1994, the figures had increased dramatically to SwF 354.4 million to
assist 16.7 million people. Out of this amount, approximately 65 per cent had been
programmed to support refugees and displaced persons.
7. Article 25 of the Covenant of the League of Nations, as well as resolutions of
the General Assembly and the Economic and Social Council of the United Nations
(see, respectively, General Assembly resolution 55 (I) of 1946 and Economic and
Social Council resolution 21 (III) of 1946) called upon States to promote and
support independent Red Cross and Red Crescent Societies on their territory.
The development of the Federation has further been associated with the
international community exploring the possibility of far-reaching developments in
the field of international humanitarian assistance. The specific competence and
nature of the Federation has frequently been recognized in resolutions of the General
Assembly of the United Nations (see, for example, General Assembly resolution 2034
(XX) of 1965; resolution 2816 (XXVI) of 1971; resolution 36/225 of 1981; resolution
37/144 of 1982 and resolution 46/182 of 19 December 1991 on Strengthening of the
coordination of humanitarian emergency assistance of the United Nations).
8. The tasks of the Federation and the United Nations increasingly complement
one another. A particularly close cooperation has over the years evolved with the
World Health Organization, the United Nations Childrens Fund and the Office of
the United Nations High Commissioner for Refugees. However, the creation of the
Department of Humanitarian Affairs has given focus to the humanitarian agenda
within the central United Nations organs. The role and function of the Department
of Humanitarian Affairs (as successor of the Office of the United Nations Disaster
Relief Organization) is today a concern both for the Economic and Social Council
as well as for the General Assembly and the Security Council.
The Federation being offered together with the International Committee of
the Red Cross a standing invitation to the Inter-Agency Standing Committee (by
General Assembly resolution 46/182), these United Nations organs, in their striving
for effective coordination of humanitarian relief, would considerably benefit from
the Federations advice and expertise through their granting it the status of
observer in the General Assembly.
502 OTHER LEGAL TEXTS

9. Through the adoption of the statutes of the Movement, States are committed:
To cooperate with the components of the Movement in accordance with
the Geneva Conventions, the statutes of the Movement and the
resolutions of the International Conference;
To promote the establishment on their territory of a national society and
encourage its development;
To support, whenever possible, the work of the components of the
Movement;
To respect at all times the adherence by all the components of the
Movement to the Fundamental Principles of the International Red Cross
and Red Crescent Movement (humanity, impartiality, neutrality,
independence, voluntary service, unity and universality).
Through their adopting resolutions in the International Conference of the
Red Cross and Red Crescent, States have repeatedly confirmed and enhanced these
commitments.
Moreover, by adopting article 81 of the First Additional Protocol of 1977 to
the Geneva Conventions of 1949, States parties to that Protocol, as well as Parties
to the conflict, shall facilitate in every possible way the assistance which Red Cross
(...) organizations and the League of Red Cross Societies extend to the victims of
conflicts (...).
10. In recent years, an increasing number of States have extended to the
Federation and its field delegations - through agreements or otherwise a treatment
similar to that of diplomatic representations or intergovernmental organizations.
11. The International Red Cross and Red Crescent Movement practises a close
cooperation between its components both in the field and at the secretariat level.
The statutes of the Movement, adopted together with States in the International
Conference of the Red Cross and Red Crescent, affirm the desire for unity, harmony
and coordination among the components of the Movement.
In view of the equivalent concern of all components of the Movement
effectively to carry out their mandate and the direct operational necessity of their
relating directly and equally to the General Assembly and Security Council, the
Federation, as representative of the National Red Cross and Red Crescent Societies,
is desirous of being invited to participate as an observer in the sessions and the
work of the General Assembly. It would at the same time be beneficial to the
General Assembly and increase the effectiveness of the Movement as a whole were
the Federation to be admitted as an observer, thereby complementing the
contribution of the International Committee of the Red Cross in terms of its
different mandate, as well as know-how and operational capacity.
12. The Federation has the similar specificity as the United Nations in
building its membership on the principle of one country -one member. Both
promote universality as a leading principle. The Federation is an international
organization composed of member societies, the unique character and mandate of
OBSERVER STATUS FOR THE FEDERATION 503

which has been defined, at the national as well as the international level, by nearly
all the States that are the very members of the United Nations. This represents, both
in substance and in structure, a unique position in the international community.
13. Lastly, but not least, the Federation considers that, as a humanitarian
organization which is involved globally, on a huge scale, in disaster relief operations
as well as day-to-day health and social programmes, it would be important and
mutually beneficial to have the opportunity to participate as an observer in the
work of the General Assembly when policy on humanitarian issues is developed
and discussed. In addition, Federation observer status with the General Assembly
would be of mutual benefit to the two organizations and, above all, to disaster
victims as it would further strengthen communications and operational
cooperation between the United Nations and the Federation, thereby increasing the
effectiveness of the Movement as a whole.
VII
EXTRACT FROM THE RULES OF PROCEDURE AND EVIDENCE
OF THE INTERNATIONAL CRIMINAL COURT
Adopted by the Assembly of States Parties, September 2002

RULE 73
Privileged communications and information
1. Without prejudice to article 67, paragraph 1 (b), communications made in the
context of the professional relationship between a person and his or her legal
counsel shall be regarded as privileged, and consequently not subject to
disclosure, unless:
a) The person consents in writing to such disclosure; or
b) The person voluntarily disclosed the content of the communication to a
third party, and that third party then gives evidence of that disclosure.
2. Having regard to rule 63, sub-rule 5, communications made in the context of a
class of professional or other confidential relationships shall be regarded as
privileged, and consequently not subject to disclosure, under the same terms as
in sub-rules 1 (a) and 1 (b) if a Chamber decides in respect of that class that:
a) Communications occurring within that class of relationship are made in the
course of a confidential relationship producing a reasonable expectation of
privacy and non-disclosure;
b) Confidentiality is essential to the nature and type of relationship between
the person and the confidant; and
c) Recognition of the privilege would further the objectives of the Statute and
the Rules.
3. In making a decision under sub-rule 2, the Court shall give particular regard to
recognizing as privileged those communications made in the context of the
professional relationship between a person and his or her medical doctor,
psychiatrist, psychologist or counsellor, in particular those related to or
involving victims, or between a person and a member of a religious clergy; and
in the latter case, the Court shall recognize as privileged those communications
made in the context of a sacred confession where it is an integral part of the
practice of that religion.
4. The Court shall regard as privileged, and consequently not subject to
disclosure, including by way of testimony of any present or past official or
INTERNATIONAL CRIMINAL COURT 505

employee of the International Committee of the Red Cross (ICRC), any


information, documents or other evidence which it came into the possession of
in the course, or as a consequence, of the performance by ICRC of its functions
under the Statutes of the International Red Cross and Red Crescent Movement,
unless:
a) After consultations undertaken pursuant to sub-rule 6, ICRC does not
object in writing to such disclosure, or otherwise has waived this privilege;
or
b) Such information, documents or other evidence is contained in public
statements and documents of ICRC.
5. Nothing in sub-rule 4 shall affect the admissibility of the same evidence
obtained from a source other than ICRC and its officials or employees when
such evidence has also been acquired by this source independently of ICRC and
its officials or employees.
6. If the Court determines that ICRC information, documents or other evidence
are of great importance for a particular case, consultations shall be held
between the Court and ICRC in order to seek to resolve the matter by
cooperative means, bearing in mind the circumstances of the case, the relevance
of the evidence sought, whether the evidence could be obtained from a source
other than ICRC, the interests of justice and of victims, and the performance of
the Courts and ICRCs functions.
VIII
STATUS OF THE PROTOCOLS ADDITIONAL
TO THE GENEVA CONVENTIONS OF 1949 AND RELATING
TO THE PROTECTION OF VICTIMS OF ARMED CONFLICTS
Resolution 61/30 of the United Nations adopted by the General Assembly*
(4 December 2006)

The General Assembly,


Recalling its resolutions 32/44 of 8 December 1977, 34/51 of 23 November 1979,
37/116 of 16 December 1982, 39/77 of 13 December 1984, 41/72 of
3 December 1986, 43/161 of 9 December 1988, 45/38 of 28 November 1990, 47/30
of 25 November 1992, 49/48 of 9 December 1994, 51/155 of 16 December 1996,
53/96 of 8 December 1998, 55/148 of 12 December 2000, 57/14 of 19 November
2002 and 59/36 of 2 December 2004,
Having considered the report of the Secretary-General,1
Thanking Member States and the International Committee of the Red Cross for
their contribution to the report of the Secretary-General,
Reaffirming the continuing value of established humanitarian rules relating to
armed conflicts and the need to respect and ensure respect for those rules in all
circumstances within the scope of the relevant international instruments, pending
the earliest possible termination of such conflicts,
Stressing the possibility of making use of the International Humanitarian Fact-
Finding Commission in relation to an armed conflict, pursuant to article 90 of
Protocol I2 to the Geneva Conventions of 1949,3
Stressing also the possibility for the International Humanitarian Fact-Finding
Commission to facilitate, through its good offices, the restoration of an attitude of
respect for the Geneva Conventions and Protocol I,
Stressing further the need to consolidate the existing body of international
humanitarian law through its universal acceptance and the need for wide
dissemination and full implementation of such law at the national level, and
expressing concern about all violations of the Geneva Conventions and the
Additional Protocols,4

* on the report of the Sixth Committee (A/61/451)


1 A/61/222 and Add.1.
2 United Nations, Treaty Series, vol. 1125, No. 17512.
3 Ibid., vol. 75, Nos. 970-973.
4 Ibid., vol. 1125, Nos. 17512 and 17513.
UN RESOLUTION ON PROTOCOLS 507

Noting with satisfaction the increasing number of national commissions and


other bodies involved in advising authorities at the national level on the
implementation, dissemination and development of international humanitarian
law,
Noting with appreciation the meetings of representatives of those bodies
organized by the International Committee of the Red Cross to facilitate the sharing
of concrete experience and the exchange of views on their roles and on the
challenges they face,
Mindful of the role of the International Committee of the Red Cross in offering
protection to the victims of armed conflicts,
Noting with appreciation the continuing efforts of the International Committee
of the Red Cross to promote and disseminate knowledge of international
humanitarian law, in particular the Geneva Conventions and the Additional
Protocols,
Recalling that the Twenty-eighth International Conference of the Red Cross and
Red Crescent stressed the need to reinforce the implementation of and respect for
international humanitarian law,
Welcoming the entry into force of the Protocol on Explosive Remnants of War to
the 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 (Protocol V),5
Noting the adoption, on 8 December 2005, of the Protocol additional to the
Geneva Conventions of 12 August 1949, and relating to the Adoption of an
Additional Distinctive Emblem (Protocol III),
Welcoming the significant debate generated by the recent publication of the
study on Customary International Humanitarian Law by the International
Committee of the Red Cross, and looking forward to further constructive
discussion on the subject,
Calling upon Member States to disseminate knowledge of international
humanitarian law as widely as possible, and calling upon all parties to armed
conflict to apply international humanitarian law,
Recalling the entry into force, on 9 March 2004, of the second Protocol 6 to the
1954 Hague Convention, and appreciating the ratifications received so far,
Acknowledging the fact that the Rome Statute of the International Criminal
Court,7 which entered into force on 1 July 2002, includes the most serious crimes of
international concern under international humanitarian law, and that the Statute,

5 See CCW/MSP/2003/3, annex V, appendix II.


6 United Nations, Treaty Series, vol. 2253, No. 3511.
7 Ibid., vol. 2187, No. 38544.
508 OTHER LEGAL TEXTS

while recalling that it is the duty of every State to exercise its criminal jurisdiction
over those responsible for such crimes, shows the determination of the
international community to put an end to impunity for the perpetrators of such
crimes and thus to contribute to their prevention,
Acknowledging also the usefulness of discussing in the General Assembly the
status of instruments of international humanitarian law relevant to the protection
of victims of armed conflicts,
1. Welcomes the universal acceptance of the Geneva Conventions of 1949,3 and
notes the trend towards a similarly wide acceptance of the two Additional Protocols
of 1977;4
2. Calls upon all States parties to the Geneva Conventions that have not yet
done so to consider becoming parties to the Additional Protocols at the earliest
possible date;
3. Calls upon all States that are already parties to Protocol I,2 or those States not
parties, on becoming parties to Protocol I, to make the declaration provided for
under article 90 of that Protocol and to consider making use, where appropriate, of
the services of the International Humanitarian Fact-Finding Commission in
accordance with the provisions of article 90 of Protocol I;
4. Calls upon all States that have not yet done so to consider becoming parties
to the Convention for the Protection of Cultural Property in the Event of Armed
Conflict 8 and the two Protocols thereto, and to other relevant treaties on
international humanitarian law relating to the protection of victims of armed
conflict;
5. Calls upon all States parties to the Protocols Additional to the Geneva
Conventions to ensure their wide dissemination and full implementation;
6. Notes with appreciation the Declaration and Agenda for Humanitarian
Action adopted by the Twenty-eighth International Conference of the Red Cross
and Red Crescent, which noted that all States must take national measures to
implement international humanitarian law, including training of the armed forces
and making this law known among the general public, as well as the adoption of
legislation to punish war crimes in accordance with their international obligations;
7. Affirms the necessity of making the implementation of international
humanitarian law more effective;
8. Welcomes the advisory service activities of the International Committee of
the Red Cross in supporting efforts made by Member States to take legislative and
administrative action to implement international humanitarian law and in
promoting the exchange of information on those efforts between Governments;

8 Ibid., vol. 249, No. 3511.


UN RESOLUTION ON PROTOCOLS 509

9. Also welcomes the increasing number of national commissions or


committees for the implementation of international humanitarian law and for
promoting the incorporation of treaties on international humanitarian law into
national law and disseminating the rules of international humanitarian law;
10. Calls upon States to consider becoming parties to the Optional Protocol to
the Convention on the Rights of the Child on the involvement of children in armed
conflict; 9
11. Requests the Secretary-General to submit to the General Assembly at its
sixty-third session a report on the status of the Additional Protocols relating to the
protection of victims of armed conflicts, as well as on measures taken to strengthen
the existing body of international humanitarian law, inter alia, with respect to its
dissemination and full implementation at the national level, based on information
received from Member States and the International Committee of the Red Cross;
12. Decides to include in the provisional agenda of its sixty-third session the item
entitled Status of the Protocols Additional to the Geneva Conventions of 1949 and
relating to the protection of victims of armed conflicts.
64th plenary meeting
4 December 2006

9 Ibid., vol. 2173, No. 27531.


D. TABLE OF STATES PARTIES

For the Table of State Parties, please refer to the ICRC web site at
ht t p : / / w w w. ic rc . org / w eb / e ng / s itee ng 0 . n s f / ht ml / p ar t y _ m ain _ t reat ies
or http://www.icrc.org/ihl which contains updated information.
E. TABLE OF RECOGNIZED SIGNS 511

Persons or
Protective signs
objects protected

Medical services

Civil defence

Table
Installations
containing
dangerous forces

Cultural property
PART TWO

STATUTES AND REGULATIONS

Statutes
I
RESOLUTIONS AND RECOMMENDATIONS OF THE
GENEVA INTERNATIONAL CONFERENCE OF 1863 1

The International Conference, desirous of coming to the aid of the wounded should
the Military Medical Services prove inadequate, adopts the following Resolutions:

ARTICLE 1
Each country shall have a Committee whose duty it shall be, in time of war and
if the need arises, to assist the Army Medical Services by every means in its power.
The Committee shall organize itself in the manner which seems to it most
useful and appropriate.

ARTICLE 2
An unlimited number of Sections may be formed to assist the Committee,
which shall be the central directing body.

ARTICLE 3
Each Committee shall get in touch with the Government of its country, so that
its services may be accepted should the occasion arise.

ARTICLE 4
In peacetime, the Committees and Sections shall take steps to ensure their real
usefulness in time of war, especially by preparing material relief of all sorts and by
seeking to train and instruct voluntary medical personnel.

ARTICLE 5
In time of war, the Committees of belligerent nations shall supply relief to their
respective armies as far as their means permit; in particular, they shall organize
voluntary personnel and place them on an active footing and, in agreement with the
military authorities, shall have premises made available for the care of the wounded.
They may call for assistance upon the Committees of neutral countries.

1 Although it is at the origin of the International Red Cross and Red Crescent Movement, the International
Conference of 1863 was not an International Conference of the Red Cross (the first of these was held in Paris
four years later). In spite of this, the resolutions adopted in 1863 by the representatives of 16 States and four
philanthropic institutions should be quoted in this part of the Handbook since they established the legal basis
and policy guidelines for the subsequent setting-up of the first National Red Cross Societies. Further devel-
oped by later International Conferences of the Red Cross, these resolutions served as a constitutive charter
until the adoption of the Statutes of the International Red Cross in 1928.
516 STATUTES AND REGULATIONS DOC. I

ARTICLE 6
On the request or with the consent of the military authorities, Committees may
send voluntary medical personnel to the battlefield where they shall be placed
under military command.

ARTICLE 7
Voluntary medical personnel attached to armies shall be supplied by the
respective Committees with everything necessary for their upkeep.

ARTICLE 8
They shall wear in all countries, as a uniform distinctive sign, a white armlet
with a red cross.

ARTICLE 9
The Committees and Sections of different countries may meet in international
assemblies to communicate the results of their experience and to agree on measures
to be taken in the interest of the work.

ARTICLE 10
The exchange of communications between the Committees of the various
countries shall be made for the time being though the intermediary of the Geneva
Committee.

Independently of the above Resolutions, the Conference makes the following


Recommendations:
A. that Governments should extend their patronage to Relief Committees which
may be formed, and facilitate as far as possible the accomplishment of their task;
B. that in time of war the belligerent nations should proclaim the neutrality of
ambulances and military hospitals, and that neutrality should likewise be
recognized, fully and absolutely, in respect of official medical personnel,
voluntary medical personnel, inhabitants of the country who go to the relief of
the wounded, and the wounded themselves;
C. that a uniform distinctive sign be recognized for the Medical Corps of all
armies, or at least for all persons of the same army belonging to this Service; and
that a uniform flag also be adopted in all countries for ambulances and
hospitals.
II

STATUTES
OF THE INTERNATIONAL RED CROSS
AND RED CRESCENT MOVEMENT

(adopted by the 25th International Conference


of the Red Cross at Geneva in 1986,
amended in 1995 and 2006)

Preamble............................................................................................................ 519

SECTION I

GENERAL PROVISIONS
Article 1 Definition ................................................................................... 520
Article 2 States Parties to the Geneva Conventions ................................. 521

SECTION II

COMPONENTS OF THE MOVEMENT


Article 3 National Red Cross and Red Crescent Societies ....................... 521
Article 4 Conditions for recognition of National Societies ..................... 523
Article 5 The International Committee of the Red Cross........................ 523
Article 6 The International Federation
of Red Cross and Red Crescent Societies .................................. 525
Article 7 Cooperation ............................................................................... 526

SECTION III

STATUTORY BODIES
The International Conference of the Red Cross and Red Crescent
Article 8 Definition ................................................................................... 527
Article 9 Composition .............................................................................. 527
Article 10 Functions.................................................................................... 527
Article 11 Procedure ................................................................................... 528
The Council of Delegates
of the International Red Cross and Red Crescent Movement
Article 12 Definition ................................................................................... 529
Article 13 Composition .............................................................................. 529
518 CONTENTS

Article 14 Functions.................................................................................... 530


Article 15 Procedure ................................................................................... 530
The Standing Commission of the Red Cross and Red Crescent
Article 16 Definition ................................................................................... 531
Article 17 Composition .............................................................................. 531
Article 18 Functions.................................................................................... 532
Article 19 Procedure ................................................................................... 533

SECTION IV

FINAL PROVISIONS
Article 20 Amendments.............................................................................. 534
Article 21 Entry into force .......................................................................... 534
II
STATUTES
OF THE INTERNATIONAL RED CROSS
AND RED CRESCENT MOVEMENT

PREAMBLE
The International Conference of the Red Cross and Red Crescent,
Proclaims that the National Red Cross and Red Crescent Societies, the
International Committee of the Red Cross and the International Federation of Red
Cross and Red Crescent Societies together constitute a worldwide humanitarian
movement, whose mission is to prevent and alleviate human suffering wherever it
may be found, to protect life and health and ensure respect for the human being, in
particular in times of armed conflict and other emergencies, to work for the
prevention of disease and for the promotion of health and social welfare, to
encourage voluntary service and a constant readiness to give help by the members
of the Movement, and a universal sense of solidarity towards all those in need of its
protection and assistance.
Reaffirms that, in pursuing its mission, the Movement shall be guided by its
Fundamental Principles, which are:
Humanity The International Red Cross and Red Crescent Movement, born
of a desire to bring assistance without discrimination to the
wounded on the battlefield, endeavours, in its international and
national capacity, to prevent and alleviate human suffering
wherever it may be found. Its purpose is to protect life and health
and to ensure respect for the human being. It promotes mutual
understanding, friendship, cooperation and lasting peace
amongst all peoples.
Impartiality It makes no discrimination as to nationality, race, religious
beliefs, class or political opinions. It endeavours to relieve the
suffering of individuals, being guided solely by their needs, and
to give priority to the most urgent cases of distress.
Neutrality In order to continue to enjoy the confidence of all, the Movement
may not take sides in hostilities or engage at any time in
controversies of a political, racial, religious or ideological nature.
Independence The Movement is independent. The National Societies, while
auxiliaries in the humanitarian services of their governments
and subject to the laws of their respective countries, must always
maintain their autonomy so that they may be able at all times to
act in accordance with the principles of the Movement.
520 STATUTES AND REGULATIONS DOC. II

Voluntary Service It is a voluntary relief movement not prompted in any manner


by desire for gain.
Unity There can be only one Red Cross or one Red Crescent Society in
any one country. It must be open to all. It must carry on its
humanitarian work throughout its territory.
Universality The International Red Cross and Red Crescent Movement, in
which all Societies have equal status and share equal
responsibilities and duties in helping each other, is worldwide.
Recalls that the mottoes of the Movement, Inter arma caritas and Per
humanitatem ad pacem, together express its ideals.
Declares that, by its humanitarian work and the dissemination of its ideals, the
Movement promotes a lasting peace, which is not simply the absence of war, but is
a dynamic process of cooperation among all States and peoples, cooperation
founded on respect for freedom, independence, national sovereignty, equality,
human rights, as well as on a fair and equitable distribution of resources to meet the
needs of peoples.

SECTION I: GENERAL PROVISIONS

ARTICLE 1
Definition
1. The International Red Cross and Red Crescent Movement 1 (hereinafter called
the Movement) is composed of the National Red Cross and Red Crescent
Societies recognized in accordance with Article 4 2 (hereinafter called National
Societies), of the International Committee of the Red Cross (hereinafter called
the International Committee) and of the International Federation of Red
Cross and Red Crescent Societies (hereinafter called the Federation).
2. The components of the Movement, while maintaining their independence
within the limits of the present Statutes, act at all times in accordance with the
Fundamental Principles and cooperate with each other in carrying out their
respective tasks in pursuance of their common mission.
3. The components of the Movement meet at the International Conference of the
Red Cross and Red Crescent (hereinafter called the International Conference)

1 Also known as the International Red Cross.


2 Any National Society recognized at the date of entry into force of the present Statutes shall be consid-
ered as recognized in terms of Article 4.
STATUTES OF THE MOVEMENT 521

with the States Parties to the Geneva Conventions of 27 July 1929 or of


12 August 1949.

ARTICLE 2
States Parties to the Geneva Conventions
1. The States Parties to the Geneva Conventions3 cooperate with the components
of the Movement in accordance with these Conventions, the present Statutes
and the resolutions of the International Conference.
2. Each State shall promote the establishment on its territory of a National Society
and encourage its development.
3. The States, in particular those which have recognized the National Society
constituted on their territory, support, whenever possible, the work of the
components of the Movement. The same components, in their turn and in
accordance with their respective statutes, support as far as possible the
humanitarian activities of the States.
4. The States shall at all times respect the adherence by all the components of the
Movement to the Fundamental Principles.
5. The implementation of the present Statutes by the components of the
Movement shall not affect the sovereignty of States, with due respect for the
provisions of international humanitarian law.

SECTION II: COMPONENTS OF THE MOVEMENT

ARTICLE 3
National Red Cross and Red Crescent Societies
1. The National Societies form the basic units and constitute a vital force of the
Movement. They carry out their humanitarian activities in conformity with
their own statutes and national legislation, in pursuance of the mission of the
Movement, and in accordance with the Fundamental Principles. The National
Societies support the public authorities in their humanitarian tasks, according
to the needs of the people of their respective countries.

3 In the present Statutes the expression Geneva Conventions also covers their Additional Protocols for
the States Parties to these Protocols.
522 STATUTES AND REGULATIONS DOC. II

2. Within their own countries, National Societies are autonomous national


organizations providing an indispensable framework for the activities of their
voluntary members and their staff. They cooperate with the public authorities
in the prevention of disease, the promotion of health and the mitigation of
human suffering by their own programmes in such fields as education, health
and social welfare, for the benefit of the community.

They organize, in liaison with the public authorities, emergency relief


operations and other services to assist the victims of armed conflicts as
provided in the Geneva Conventions, and the victims of natural disasters and
other emergencies for whom help is needed.

They disseminate and assist their governments in disseminating international


humanitarian law; they take initiatives in this respect. They disseminate the
principles and ideals of the Movement and assist those governments which also
disseminate them. They also cooperate with their governments to ensure
respect for international humanitarian law and to protect the distinctive
emblems recognized by the Geneva Conventions and their Additional
Protocols.

3. Internationally, National Societies, each within the limits of its resources, give
assistance for victims of armed conflicts, as provided in the Geneva
Conventions, and for victims of natural disasters and other emergencies. Such
assistance, in the form of services and personnel, of material, financial and
moral support, shall be given through the National Societies concerned, the
International Committee or the Federation.

They contribute, as far as they are able, to the development of other National
Societies which require such assistance, in order to strengthen the Movement as
a whole.

International assistance between the components of the Movement shall be


coordinated as provided in Article 5 or Article 6. A National Society which is to
receive such assistance may however undertake the coordination within its own
country, subject to the concurrence of the International Committee or the
Federation, as the case may be.

4. In order to carry out these tasks, the National Societies recruit, train and assign
such personnel as are necessary for the discharge of their responsibilities.

They encourage everyone, and in particular young people, to participate in the


work of the Society.

5. National Societies have a duty to support the Federation in terms of its


Constitution. Whenever possible, they give their voluntary support to the
International Committee in its humanitarian actions.
STATUTES OF THE MOVEMENT 523

ARTICLE 4
Conditions for recognition of National Societies
In order to be recognized in terms of Article 5, paragraph 2 b) as a National
Society, the Society shall meet the following conditions:
1. Be constituted on the territory of an independent State where the Geneva
Convention for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field is in force.
2. Be the only National Red Cross or Red Crescent Society of the said State and be
directed by a central body which shall alone be competent to represent it in its
dealings with other components of the Movement.
3. Be duly recognized by the legal government of its country on the basis of the
Geneva Conventions and of the national legislation as a voluntary aid society,
auxiliary to the public authorities in the humanitarian field.
4. Have an autonomous status which allows it to operate in conformity with the
Fundamental Principles of the Movement.
5. Use a name and distinctive emblem in conformity with the Geneva
Conventions and their Additional Protocols.
6. Be so organized as to be able to fulfil the tasks defined in its own statutes,
including the preparation in peace time for its statutory tasks in case of armed
conflict.
7. Extend its activities to the entire territory of the State.
8. Recruit its voluntary members and its staff without consideration of race, sex,
class, religion or political opinions.
9. Adhere to the present Statutes, share in the fellowship which unites the
components of the Movement and cooperate with them.
10. Respect the Fundamental Principles of the Movement and be guided in its work
by the principles of international humanitarian law.

ARTICLE 5
The International Committee of the Red Cross
1. The International Committee, founded in Geneva in 1863 and formally
recognized in the Geneva Conventions and by International Conferences of the
Red Cross, is an independent humanitarian organization having a status of its
own. It co-opts its members from among Swiss citizens.
2. The role of the International Committee, in accordance with its Statutes, is in
particular:
524 STATUTES AND REGULATIONS DOC. II

a) to maintain and disseminate the Fundamental Principles of the Movement,


namely humanity, impartiality, neutrality, independence, voluntary service,
unity and universality;
b) to recognize any newly established or reconstituted National Society, which
fulfils the conditions for recognition set out in Article 4, and to notify other
National Societies of such recognition;
c) to undertake the tasks incumbent upon it under the Geneva Conventions, to
work for the faithful application of international humanitarian law
applicable in armed conflicts and to take cognizance of any complaints
based on alleged breaches of that law;
d) to endeavour at all times as a neutral institution whose humanitarian work
is carried out particularly in time of international and other armed conflicts
or internal strife to ensure the protection of and assistance to military and
civilian victims of such events and of their direct results;
e) to ensure the operation of the Central Tracing Agency as provided in the
Geneva Conventions;
f) to contribute, in anticipation of armed conflicts, to the training of medical
personnel and the preparation of medical equipment, in cooperation with
the National Societies, the military and civilian medical services and other
competent authorities;
g) to work for the understanding and dissemination of knowledge of
international humanitarian law applicable in armed conflicts and to prepare
any development thereof;
h) to carry out mandates entrusted to it by the International Conference.
3. The International Committee may take any humanitarian initiative which
comes within its role as a specifically neutral and independent institution and
intermediary, and may consider any question requiring examination by such an
institution.
4. a) It shall maintain close contact with National Societies. In agreement with
them, it shall cooperate in matters of common concern, such as their
preparation for action in times of armed conflict, respect for and development
and ratification of the Geneva Conventions, and the dissemination of the
Fundamental Principles and international humanitarian law.
b) In situations foreseen in paragraph 2 d) of this Article and requiring
coordinated assistance from National Societies of other countries, the
International Committee, in cooperation with the National Society of the
country or countries concerned, shall coordinate such assistance in
accordance with the agreements concluded with the Federation.
5. Within the framework of the present Statutes and subject to the provisions of
Articles 3, 6 and 7, the International Committee shall maintain close contact
with the Federation and cooperate with it in matters of common concern.
STATUTES OF THE MOVEMENT 525

6. It shall also maintain relations with governmental authorities and any national
or international institution whose assistance it considers useful.

ARTICLE 6
The International Federation of Red Cross and Red Crescent Societies
1. The International Federation of Red Cross and Red Crescent Societies
comprises the National Red Cross and Red Crescent Societies. It acts under its
own Constitution with all rights and obligations of a corporate body with a
legal personality.
2. The Federation is an independent humanitarian organization which is not
governmental, political, racial or sectarian in character.
3. The general object of the Federation is to inspire, encourage, facilitate and
promote at all times all forms of humanitarian activities by the National
Societies, with a view to preventing and alleviating human suffering and
thereby contributing to the maintenance and the promotion of peace in the
world.
4. To achieve the general object as defined in paragraph 3 and in the context of the
Fundamental Principles of the Movement, of the resolutions of the
International Conference and within the framework of the present Statutes and
subject to the provisions of Articles 3, 5 and 7, the functions of the Federation,
in accordance with its Constitution, are inter alia the following:
a) to act as the permanent body of liaison, coordination and study between the
National Societies and to give them any assistance they might request;
b) to encourage and promote in every country the establishment and
development of an independent and duly recognized National Society;
c) to bring relief by all available means to all disaster victims;
d) to assist the National Societies in their disaster relief preparedness, in the
organization of their relief actions and in the relief operations themselves;
e) to organize, coordinate and direct international relief actions in accordance
with the Principles and Rules adopted by the International Conference;
f) to encourage and coordinate the participation of the National Societies in
activities for safeguarding public health and the promotion of social welfare
in cooperation with their appropriate national authorities;
g) to encourage and coordinate between National Societies the exchange of
ideas for the education of children and young people in humanitarian ideals
and for the development of friendly relations between young people of all
countries;
h) to assist National Societies to recruit members from the population as a
whole and inculcate the principles and ideals of the Movement;
526 STATUTES AND REGULATIONS DOC. II

i) to bring help to victims of armed conflicts in accordance with the


agreements concluded with the International Committee;
j) to assist the International Committee in the promotion and development of
international humanitarian law and collaborate with it in the dissemination
of this law and of the Fundamental Principles of the Movement among the
National Societies;
k) to be the official representative of the member Societies in the international
field, inter alia for dealing with decisions and recommendations adopted by
its Assembly and to be the guardian of their integrity and the protector of
their interests;
l) to carry out the mandates entrusted to it by the International Conference.
5. In each country the Federation shall act through or in agreement with the
National Society and in conformity with the laws of that country.

ARTICLE 7
Cooperation
1. The components of the Movement shall cooperate with each other in
accordance with their respective statutes and with Articles 1, 3, 5 and 6 of the
present Statutes.
2. In particular the International Committee and the Federation shall maintain
frequent regular contact with each other at all appropriate levels so as to
coordinate their activities in the best interest of those who require their
protection and assistance.
3. Within the framework of the present Statutes and their respective statutes, the
International Committee and the Federation shall conclude with each other any
agreements required to harmonize the conduct of their respective activities.
Should, for any reason, such agreements not exist, Article 5, paragraph 4 b) and
Article 6, paragraph 4 i) shall not apply and the International Committee and
the Federation shall refer to the other provisions of the present Statutes to settle
matters relative to their respective fields of activities.
4. Cooperation between the components of the Movement on a regional basis
shall be undertaken in the spirit of their common mission and the Fundamental
Principles, within the limits of their respective statutes.
5. The components of the Movement, while maintaining their independence and
identity, cooperate whenever necessary with other organizations which are
active in the humanitarian field, provided such organizations are pursuing a
purpose similar to that of the Movement and are prepared to respect the
adherence by the components to the Fundamental Principles.
STATUTES OF THE MOVEMENT 527

SECTION III: STATUTORY BODIES

The International Conference


of the Red Cross and Red Crescent

ARTICLE 8
Definition
The International Conference is the supreme deliberative body for the
Movement. At the International Conference, representatives of the components of
the Movement meet with representatives of the States Parties to the Geneva
Conventions, the latter in exercise of their responsibilities under those Conventions
and in support of the overall work of the Movement in terms of Article 2. Together
they examine and decide upon humanitarian matters of common interest and any
other related matter.

ARTICLE 9
Composition
1. The members of the International Conference shall be the delegations from the
National Societies, from the International Committee, from the Federation and
from the States Parties to the Geneva Conventions.
2. Each of these delegations shall have equal rights expressed by a single vote.
3. A delegate shall belong to only one delegation.
4. A delegation shall not be represented by another delegation or by a member of
another delegation.

ARTICLE 10
Functions
1. The International Conference contributes to the unity of the Movement and to
the achievement of its mission in full respect of the Fundamental Principles.
2. The International Conference contributes to the respect for and development of
international humanitarian law and other international conventions of
particular interest to the Movement.
3. The International Conference shall have the sole competence:
a) to amend the present Statutes and the Rules of Procedure of the
International Red Cross and Red Crescent Movement (hereinafter called
Rules of Procedure);
528 STATUTES AND REGULATIONS DOC. II

b) to take, at the request of any of its members, the final decision on any difference
of opinion as to the interpretation and application of these Statutes and Rules;
c) to decide on any question, referred to in Article 18, paragraph 2 b), which
may be submitted to it by the Standing Commission, the International
Committee or the Federation.
4. The International Conference shall elect in a personal capacity those members
of the Standing Commission mentioned in Article 17, paragraph 1 a) of the
present Statutes, taking into account personal qualities and the principle of fair
geographical distribution.
5. Within the limits of the present Statutes and of the Rules of Procedure, the
International Conference shall adopt its decisions, recommendations or
declarations in the form of resolutions.
6. The International Conference may assign mandates to the International
Committee and to the Federation within the limits of their statutes and of the
present Statutes.
7. The International Conference may enact, when necessary and by a two-thirds
majority of its members present and voting, regulations relating to matters such
as procedure and the award of medals.
8. The International Conference may establish for the duration of the Conference
subsidiary bodies in accordance with the Rules of Procedure.

ARTICLE 11
Procedure
1. The International Conference shall meet every four years, unless it decides
otherwise. It shall be convened by the central body of a National Society, by the
International Committee or by the Federation, under the mandate conferred for
that purpose either by the previous International Conference or by the Standing
Commission as provided in Article 18, paragraph 1 a). As a general rule,
favourable consideration shall be given to any offer made during an
International Conference by a National Society, the International Committee or
the Federation to act as host to the next Conference.
2. Should exceptional circumstances so require, the place and date of the International
Conference may be changed by the Standing Commission. The Standing
Commission may act on its own initiative or on a proposal by the International
Committee, the Federation or at least one third of the National Societies.
3. The International Conference shall elect the Chairman,Vice-Chairmen, Secretary
General, Assistant Secretaries General and other officers of the Conference.
4. All participants in the International Conference shall respect the Fundamental
Principles and all documents presented shall conform with these Principles.
STATUTES OF THE MOVEMENT 529

In order that the debates of the International Conference shall command the
confidence of all, the Chairman and any elected officer responsible for the
conduct of business shall ensure that none of the speakers at any time engages
in controversies of a political, racial, religious or ideological nature. The Bureau
of the International Conference, as defined in the Rules of Procedure, shall
apply the same standard to documents before authorizing their circulation.
5. In addition to the members entitled to take part in the International
Conference, observers, referred to in Article 18, paragraph 1 d), may attend the
meetings of the Conference, unless the Conference decides otherwise.
6. The International Conference shall not modify either the Statutes of the
International Committee or the Constitution of the Federation nor take
decisions contrary to such statutes. The International Committee and the
Federation shall take no decision contrary to the present Statutes or to the
resolutions of the International Conference.
7. The International Conference shall endeavour to adopt its resolutions by
consensus as provided in the Rules of Procedure. If no consensus is reached, a
vote shall be taken in accordance with these Rules.
8. Subject to the provisions of the present Statutes, the International Conference
shall be governed by the Rules of Procedure.

The Council of Delegates


of the International Red Cross
and Red Crescent Movement

ARTICLE 12
Definition
The Council of Delegates of the International Red Cross and Red Crescent
Movement (hereinafter called the Council) is the body where the representatives
of all the components of the Movement meet to discuss matters which concern the
Movement as a whole.

ARTICLE 13
Composition
1. The members of the Council shall be the delegations from the National
Societies, from the International Committee and from the Federation.
2. Each of these delegations shall have equal rights expressed by a single vote.
530 STATUTES AND REGULATIONS DOC. II

ARTICLE 14
Functions
1. Within the limits of the present Statutes, the Council shall give an opinion and
where necessary take decisions on all matters concerning the Movement which
may be referred to it by the International Conference, the Standing
Commission, the National Societies, the International Committee or the
Federation.
2. When meeting prior to the opening of the International Conference, the
Council shall:
a) propose to the Conference the persons to fill the posts mentioned in
Article 11, paragraph 3;
b) adopt the provisional agenda of the Conference.
3. Within the limits of the present Statutes, the Council shall adopt its decisions,
recommendations or declarations in the form of resolutions.
4. Notwithstanding the general provision contained in Article 10, paragraph 7, the
Council may amend, by a two-thirds majority of its members present and
voting, the regulations for the Henry Dunant Medal.
5. The Council may refer any matter to the International Conference.
6. The Council may refer a matter to any of the components of the Movement for
consideration.
7. The Council may establish by a two-thirds majority of its members present and
voting such subsidiary bodies as may be necessary, specifying their mandate,
duration and membership.
8. The Council shall take no final decision on any matter which, according to the
present Statutes, is within the sole competence of the International Conference,
nor any decision contrary to the resolutions of the latter, or concerning any
matter already settled by the Conference or reserved by it for the agenda of a
forthcoming Conference.

ARTICLE 15
Procedure
1. The Council shall meet on the occasion of each International Conference, prior
to the opening of the Conference, and whenever one third of the National
Societies, the International Committee, the Federation or the Standing
Commission so request. In principle, it shall meet on the occasion of each
session of the General Assembly of the Federation. The Council may also meet
on its own initiative.
STATUTES OF THE MOVEMENT 531

2. The Council shall elect its Chairman and Vice-Chairman. The Council and the
General Assembly of the Federation, as well as the International Conference
when it is convened, shall be chaired by different persons.
3. All participants in the Council shall respect the Fundamental Principles and all
documents presented shall conform with these Principles. In order that the
debates of the Council shall command the confidence of all, the Chairman and
any elected officer responsible for the conduct of business shall ensure that none
of the speakers at any time engages in controversies of a political, racial,
religious or ideological nature.
4. In addition to the members entitled to take part in the Council, observers,
referred to in Article 18, paragraph 4 c), from those National Societies in the
process of recognition which appear likely to be recognized in the foreseeable
future may attend the meetings of the Council, unless the Council decides
otherwise.
5. The Council shall endeavour to adopt its resolutions by consensus as provided
in the Rules of Procedure. If no consensus is reached, a vote shall be taken in
accordance with the Rules of Procedure.
6. The Council shall be subject to the Rules of Procedure. It may supplement them
when necessary by a two-thirds majority of its members present and voting,
unless the International Conference decides otherwise.

The Standing Commission of the Red Cross and Red Crescent

ARTICLE 16
Definition
The Standing Commission of the Red Cross and Red Crescent (called the
Standing Commission in the present Statutes) is the trustee of the International
Conference between two Conferences, carrying out the functions laid down in
Article 18.

ARTICLE 17
Composition
1. The Standing Commission shall comprise nine members, namely:
a) five who are members of different National Societies, each elected in a
personal capacity by the International Conference according to Article 10,
paragraph 4 and holding office until the close of the following International
532 STATUTES AND REGULATIONS DOC. II

Conference or until the next Standing Commission has been formally


constituted, whichever is the later;
b) two who are representatives of the International Committee, one of whom
shall be the President;
c) two who are representatives of the Federation, one of whom shall be the
President.
2. Should any member referred to in paragraph 1 b) or c) be unable to attend a
meeting of the Standing Commission, he may appoint a substitute for that
meeting, provided that the substitute is not a member of the Commission.
Should any vacancy occur among the members referred to in paragraph 1 a),
the Standing Commission itself shall appoint as a member the candidate who,
at the previous election, obtained the greatest number of votes without being
elected, provided that the person concerned is not a member of the same
National Society as an existing elected member. In case of a tie, the principle of
fair geographical distribution shall be the deciding factor.
3. The Standing Commission shall invite to its meetings, in an advisory capacity
and at least one year before the International Conference is to meet, a
representative of the host organization of the next International Conference.

ARTICLE 18
Functions
1. The Standing Commission shall make arrangements for the next International
Conference by:
a) selecting the place and fixing the date thereof, should this not have been
decided by the previous Conference, or should exceptional circumstances so
require in terms of Article 11, paragraph 2;
b) establishing the programme for the Conference;
c) preparing the provisional agenda of the Conference for submission to the
Council;
d) establishing by consensus the list of the observers referred to in Article 11,
paragraph 5;
e) promoting the Conference and securing optimum attendance.
2. The Standing Commission shall settle, in the interval between International
Conferences, and subject to any final decision by the Conference:
a) any difference of opinion which may arise as to the interpretation and
application of the present Statutes and of the Rules of Procedure;
b) any question which may be submitted to it by the International Committee
or the Federation in connection with any difference which may arise
between them.
STATUTES OF THE MOVEMENT 533

3. The Standing Commission shall:


a) promote harmony in the work of the Movement and, in this connection,
coordination among its components;
b) encourage and further the implementation of resolutions of the
International Conference;
c) examine, with these objects in view, matters which concern the Movement
as a whole.
4. The Standing Commission shall make arrangements for the next Council by:
a) selecting the place and fixing the date thereof;
b) preparing the provisional agenda of the Council;
c) establishing by consensus the list of the observers referred to in Article 15,
paragraph 4.
5. The Standing Commission shall administer the award of the Henry Dunant
Medal.
6. The Standing Commission may refer to the Council any question concerning
the Movement.
7. The Standing Commission may establish by consensus such ad hoc bodies as
necessary and nominate the members of these bodies.
8. In carrying out its functions and subject to any final decision by the
International Conference, the Standing Commission shall take any measures
which circumstances demand, provided always that the independence and
initiative of each of the components of the Movement, as defined in the present
Statutes, are strictly safeguarded.

ARTICLE 19
Procedure
1. The Standing Commission shall hold an ordinary meeting at least twice yearly.
It shall hold an extraordinary meeting when convened by its Chairman, either
acting on his own initiative or at the request of three of its members.
2. The Standing Commission shall have its headquarters in Geneva. It may meet
in another place selected by its Chairman and approved by the majority of its
members.
3. The Standing Commission shall also meet at the same place and at the same
time as the International Conference.
4. All decisions shall be taken by a majority vote of the members present, unless
otherwise specified in the present Statutes or in the Rules of Procedure.
534 STATUTES AND REGULATIONS DOC. II

5. The Standing Commission shall elect a Chairman and a Vice-Chairman from


among its members.
6. Within the limits of the present Statutes and of the Rules of Procedure, the
Standing Commission shall establish its own rules of procedure.

SECTION IV: FINAL PROVISIONS

ARTICLE 20
Amendments
Any proposal to amend the present Statutes and the Rules of Procedure must be
placed on the agenda of the International Conference and its text sent to all
members of the Conference at least six months in advance. To be adopted, any
amendment shall require a two-thirds majority of those members of the
International Conference present and voting, after the views of the International
Committee and the Federation have been presented to the Conference.

ARTICLE 21
Entry into force
1. The present Statutes shall replace the Statutes adopted in 1952 by the Eighteenth
International Conference.Any earlier provisions which conflict with the present
Statutes are repealed.
2. The present amended Statutes shall enter into force on 22 June 2006.
III

RULES OF PROCEDURE
OF THE INTERNATIONAL RED CROSS
AND RED CRESCENT MOVEMENT

(adopted by the 25th International Conference


of the Red Cross at Geneva in 1986,
amended in 1995)

SECTION I
General Provisions
Rule 1 General object of these Rules..................................................... 537
Rule 2 Other rules ................................................................................. 537
Rule 3 Conflicting provisions ............................................................... 537

SECTION II
The International Conference
Rule 4 Place and date ............................................................................ 538
Rule 5 Convocation............................................................................... 538
Rule 6 Provisional agenda..................................................................... 538
Rule 7 Submission and despatch of official documents....................... 539
Rule 8 Submission and distribution
of National Society reports on their work................................. 539
Rule 9 Participants ................................................................................ 539
Rule 10 Guests ......................................................................................... 540
Rule 11 Information media..................................................................... 540
Rule 12 Languages................................................................................... 540
Rule 13 Alphabetical order ..................................................................... 540
Rule 14 Quorum...................................................................................... 541
Rule 15 Chairmanship ............................................................................ 541
Rule 16 Bureau and commissions........................................................... 541
Rule 17 Notification of proposals ........................................................... 542
Rule 18 Debates....................................................................................... 542
Rule 19 Adoption of resolutions ............................................................. 543
Rule 20 Voting procedure ....................................................................... 544
Rule 21 Election of members of the Standing Commission .................. 544
Rule 22 Proceedings of the Conference.................................................. 545
536 CONTENTS

SECTION III
The Council of Delegates
Rule 23 Place and date ............................................................................ 546
Rule 24 Convocation............................................................................... 546
Rule 25 Provisional agenda..................................................................... 546
Rule 26 Opening meeting ....................................................................... 547
Rule 27 Work of the Council .................................................................. 547
Rule 28 Proceedings of the Council........................................................ 547

SECTION IV
The Standing Commission
Rule 29 Convocation............................................................................... 547
Rule 30 Quorum...................................................................................... 548
Rule 31 Proceedings of the Standing Commission ................................ 548

SECTION V
Final Provisions
Rule 32 Amendments to the Statutes and to these Rules ....................... 548
Rule 33 Entry into force of these Rules................................................... 548
III
RULES OF PROCEDURE
OF THE INTERNATIONAL RED CROSS
AND RED CRESCENT MOVEMENT

SECTION I: GENERAL PROVISIONS

RULE 1
General object of these Rules
The general object of these Rules of Procedure (hereinafter
called these Rules) is to ensure the implementation of the Statutes
of the International Red Cross and Red Crescent Movement
(hereinafter called the Statutes) and to regulate the work of its
statutory bodies.

RULE 2
Other rules
1 The statutory bodies of the Movement may enact other rules of Statutory
procedure as provided in the Statutes. bodies

2. Any subsidiary body established by the statutory bodies, other Subsidiary


than the plenary commissions of the International Conference, bodies
may draw up by consensus its own rules of procedure. In the
absence of any such rules and to the plenary commissions of the
International Conference, these Rules shall be applied mutatis
mutandis.

RULE 3
Conflicting provisions
The Statutes shall prevail over any other provisions and these
Rules over any other rules or regulations drawn up by the statutory
bodies or by any subsidiary bodies established by them.
538 STATUTES AND REGULATIONS DOC. III

SECTION II: THE INTERNATIONAL CONFERENCE

RULE 4
Place and date
Decision 1. The place and date of the International Conference (hereinafter
called the Conference) shall be fixed by the Standing
Commission if the previous Conference has not already decided
on this matter.
Assurance 2. A decision on the place of the next Conference shall only be taken
from after the Conference or the Standing Commission has received an
government
assurance in writing from the government of the country in
which the next Conference is proposed to be held that all
participants as defined in Rule 9 will be allowed to take part.
Change 3. Any change of the date of the Conference according to
of date Article 11, paragraph 2 of the Statutes shall be notified by the
Standing Commission to the host of the Conference as soon as
possible but at the latest in time to enable the host organization
to despatch the notice of convocation ninety days before the
revised opening date of the Conference.

RULE 5
Convocation
A National Society, the International Committee or the
Federation, when mandated to act as host to the Conference, shall
despatch to the members and observers of the Conference the
notice of convocation by registered airmail at least six months
before the date fixed for the opening of the Conference. The notice
of convocation shall indicate the place, opening date and the
anticipated duration of the Conference.

RULE 6
Provisional agenda
Despatch 1. The programme and the provisional agenda of the Conference
drawn up by the Standing Commission shall accompany the
notice of convocation. The provisional agenda is subject to
approval by the Council.
Amendments 2. Observations, amendments or additions to the provisional
agenda must be received by the Standing Commission at least
sixty days before the opening of the Conference, unless the
Standing Commission agrees to a later date.
RULES OF PROCEDURE OF THE MOVEMENT 539

RULE 7
Submission and despatch of official documents
Any document submitted by a member of the Conference for
inclusion as an official working document and for classification as
such must be received by the Standing Commission at the latest
ninety days before the opening of the Conference. The documents
shall be despatched, with the approval of the Standing Commission,
by the International Committee and the Federation to the members
and observers of the Conference at least forty-five days before the
opening of the Conference.

RULE 8
Submission and distribution of National Society
reports on their work
Reports submitted to the Conference by National Societies on
their work since the previous Conference should be sent direct to
the host organization, so as to arrive at least thirty days before the
opening of the Conference, for distribution, subject to the approval
of the Bureau of the Conference.

RULE 9
Participants
1. Participants in the Conference shall be the delegates of the Definition
members defined in Article 9 of the Statutes and the observers in
terms of Article 11, paragraph 5 of the Statutes.
2. The name of the delegates of each delegation, one of them Delegates
designated as head of delegation, shall be communicated by the
members to the host organization before the first meeting of the
Council. During the Conference the Chairman shall be
informed of any addition, change or deletion regarding the
composition of delegations. No delegate shall be nominated for
any official position unless his name has reached the host
organization within the prescribed time.
3. Observers at the Conference are either invited persons or Observers
representatives of invited organizations; organizations shall
communicate the names of their representatives to the host
organization before the opening of the Conference. Observers
have the right to speak only on the invitation of the Chairman
and to the extent that the Conference has no objections; they
shall have access to the documents of the Conference.
540 STATUTES AND REGULATIONS DOC. III

RULE 10
Guests
The host organization may issue invitations to guests to the
opening and closing ceremonies and to such other occasions as the
Standing Commission or the Bureau of the Conference may decide.

RULE 11
Information media
The Bureau of the Conference shall be responsible for all matters
relating to official information on the Conference. It shall arrange
for appropriate coverage of the Conference proceedings by the
information media, unless the Conference decides otherwise.

RULE 12
Languages
Official 1. The official languages of the Conference shall be Arabic,
languages Chinese, English, French, Russian and Spanish. The official
languages may be used in debates without the prior permission
of the Chairman. Any delegate wishing to speak in a language
other than an official language shall first obtain the permission
of the Chairman.
Working 2. The working languages of the Conference shall be English,
languages French and Spanish. The working languages are those in which
simultaneous interpretation is provided and are the only
languages in which documents relating to items on the agenda
will be prepared. Any delegate using a language which is not a
working language shall provide for its interpretation into one of
the working languages.
Language 3. The Standing Commission, in agreement with the host
of the host organization, may decide that for a particular Conference the
country
language of the host country will also be authorized for
simultaneous interpretation.

RULE 13
Alphabetical order
The alphabetical order of the members of the Conference shall
be the alphabetical order of the French names of their respective
countries. The name of the National Society and of the State which
vote first shall be decided by the drawing of lots.
RULES OF PROCEDURE OF THE MOVEMENT 541

RULE 14
Quorum
To be valid, the deliberations of the Conference shall require a
quorum of one third of the total of the components of the
Movement as defined in Article 1 of the Statutes and of the States as
defined in Article 2 of the Statutes.

RULE 15
Chairmanship
1. The opening ceremony of the Conference shall be chaired by a Opening
representative of the host organization. ceremony

2. The first plenary meeting of the Conference shall be chaired by First plenary
the Chairman of the Standing Commission until the Chairman meeting
of the Conference has been elected.
3. At its first plenary meeting the Conference shall elect the Elections
Chairman, Vice-Chairmen, Secretary General and two Assistant
Secretaries General on the proposal of the Council.
4. In addition to the powers conferred upon him elsewhere in these Powers of the
Rules and subject to paragraphs 1 and 2, the Chairman shall Chairman
declare the opening and closing of each plenary meeting of the
Conference, ensure observance of these Rules, conduct all
debates, put questions to the vote and announce the results. He
may charge one of the Vice-Chairmen to replace him during any
meeting or part of a meeting.
5. Any Vice-Chairman charged by the Chairman to represent him Powers of the
shall have the powers and duties of the Chairman. Vice-Chairman

RULE 16
Bureau and commissions
1. There shall be a Bureau which shall organize the work of the Bureau
Conference. The Bureau shall be chaired by the Chairman of the
Conference and its membership shall include the Chairman of
the Standing Commission, the heads of the delegations from the
International Committee and from the Federation, the
Chairmen of the plenary commissions and the Secretary
General of the Conference.
2. Plenary commissions are subsidiary bodies open to all Plenary
participants in the Conference. The Conference may establish commissions
such commissions for the duration of the Conference as
542 STATUTES AND REGULATIONS DOC. III

proposed by the Standing Commission. The Conference shall


adopt the agenda of the commissions so established. Each
commission shall elect its Chairman, Vice-Chairmen and
Rapporteurs on the proposal of the Council.
Other 3. The Conference may at any time establish other subsidiary bodies,
subsidiary including their agendas, for the duration of the Conference.
bodies

RULE 17
Notification of proposals
Additions to 1. The Bureau may propose to the Conference that new items be
the agenda added to the agenda, provided that the proposals are submitted
to the Chairman the day before and signed by at least five
delegations to the Conference each belonging to a different
country. The Bureau shall determine the agenda for each
meeting, following as far as possible the order of the subjects
proposed by the Standing Commission and approved by the
Council.
Proposals 2. Subject to the provisions of Article 11, paragraph 4 of the
and Statutes, proposals and amendments other than points of order
amendments
shall be communicated in writing in advance to the Chairman
and circulated by him to the delegates before being discussed,
unless he decides otherwise. A similar procedure shall apply to
other documents.
Seconding 3. The Chairman may decide that any proposal, or amendment,
including motions of closure, shall be seconded by another
delegation before it can be discussed or voted upon.

RULE 18
Debates
Debating 1. No delegate may take the floor without first having obtained
procedure permission from the Chairman. Speakers shall be called upon in
the order in which they have signified to the Chairman their
desire to speak. Priority shall be given to the Chairman and
Rapporteur of the Commission concerned or to the delegate
responsible for the respective report, proposal or amendment
under discussion.
Duration of 2. The duration of speeches shall be limited to ten minutes but may
speeches be extended or shortened at the Chairmans discretion, unless
the Conference decides otherwise.
RULES OF PROCEDURE OF THE MOVEMENT 543

3. If during a discussion, a delegate raises a point of order, the Points


discussion shall be suspended and the point of order decided of order
immediately by the Chairman according to these Rules or, at the
Chairmans discretion, by the Conference. A delegate raising a
point of order may not speak on the substance of the matter
under discussion.
4. The following motions shall have precedence in the order set out Priority
below over all other proposals or motions: of motions
a) to suspend the meeting;
b) to adjourn the meeting;
c) to adjourn the debate on the item under discussion;
d) to close the debate on the item under discussion.
Such motions must be seconded by at least four other
delegations.
5. Unless the Chairman decides otherwise, only one delegate may Motions
speak for and one against points of order and the motions
mentioned in paragraph 4.
6. Discussion upon each question shall be closed when there is no Closure of
further speaker or when a motion of closure has been adopted debates
by the Conference. During the course of a debate, the Chairman
may announce the list of speakers and, with the consent of the
Conference, declare the list closed. He may accord the right of
reply to any member concerned by a previous intervention.
7. A delegation may appeal against the ruling of the Chairman. The Appeal
appeal shall immediately be put to the vote, and the Chairmans against
ruling of
ruling shall stand unless overruled by a majority of the members Chairman
of the Conference present and voting.

RULE 19
Adoption of resolutions
1. Consensus shall be understood to mean the absence of any By
objection expressed by a delegation and submitted by it as consensus
constituting an obstacle to the adoption of the resolution in
question. After the adoption by consensus of a resolution, any
delegation may state the stand point it would have adopted had
the matter been put to vote.
2. If no consensus is reached, resolutions shall be taken by a By voting
majority of those members present and voting.
544 STATUTES AND REGULATIONS DOC. III

RULE 20
Voting procedure
Voting 1. Amendments to a proposal or motion shall be put to the vote
order before the proposal or motion. In the event of there being several
amendments, the Chairman shall first put to the vote the
amendment furthest removed from the original proposal.
Right 2. The vote of each delegation shall be expressed by its head or by
to vote the delegate he has designated to replace him. The Chairman
shall have no vote apart from that allocated to his delegation.
Majority 3. The majority shall be half the total number of votes cast for or
against the proposal, plus one. The number of those members
present and voting who express a vote of abstention shall be
recorded but not taken into account in determining the
majority. In the event of a tie, the proposal shall be rejected. The
result of the votes shall be announced by the Chairman and
included in the proceedings of the Conference.
Show 4. In the absence of a consensus, the vote shall, as a general rule, be
of hands taken by a show of hands.
Roll call 5. The vote shall be taken by roll call if ten delegations so request.
In this case all the delegations from the National Societies shall
vote first, then all the delegations from the States, then the
delegations from the International Committee and from the
Federation. The delegations from the National Societies and
from the States shall be called in alphabetical order.
Secret 6. The vote shall be taken by secret ballot if ten delegations so
ballot request. In this case the Chairman shall appoint from among the
delegates of the members of the Conference three tellers who,
after all the ballot papers have been collected, shall proceed to a
count of the votes. A valid request for a vote by secret ballot shall
take precedence over a valid request for a vote by roll call.
Interruption 7. After the Chairman has announced the beginning of voting, no
of voting delegate shall interrupt the voting except on a point of order in
connection with the actual voting procedure.

RULE 21
Election of members of the Standing Commission
Nominations 1. Nominations for the Standing Commission shall be delivered in
closed envelopes, with the curriculum vitae of each candidate, to
the Chairman of the Bureau, forty-eight hours before the
RULES OF PROCEDURE OF THE MOVEMENT 545

opening of the meeting in which the election will take place. The
Bureau shall circulate the curriculum vitae of each candidate at
least twenty-four hours before that meeting. When nominating
candidates, personal qualities and the principle of fair
geographical distribution should be taken into account.
2. The election process for the Standing Commission shall start Beginning of
immediately after the opening of the meeting at which the vote the election
process
will take place.
3. The members of the Standing Commission referred to in Ballot
Article 10, paragraph 4 of the Statutes shall be elected by secret
ballot by the members of the Conference. For the purpose of
determining the absolute majority required in terms of
paragraph 4, a roll call of members shall be taken before voting
begins.
4. In the first ballot, the candidates obtaining an absolute majority Elected
shall be declared elected. If more than five candidates obtain an candidates
absolute majority, the five candidates obtaining the largest
number of votes shall be declared elected. If less than five
candidates obtain an absolute majority in the first ballot, a
second ballot shall be held in which the candidate(s) obtaining
the largest number of votes shall be declared elected.
5. In the case of a tie, subsequent ballots shall be held until the Ties
remaining candidate(s) has received a relative majority. After
four ballots the total number of votes cast for each candidate in
all four ballots shall be taken into consideration. If a tie still
results, a decision shall be made by drawing lots.
6. If two or more candidates from the same National Society are in Candidates
a position to be declared elected, the candidate obtaining the from the same
National
largest number of votes shall be considered as elected. Society

RULE 22
Proceedings of the Conference
1. Unless the Conference decides otherwise, the organization Recording of
responsible for convening the Conference shall make the the plenary
meetings and
necessary arrangements for the recording of the plenary of the
meetings and of the meetings of the plenary commissions of the plenary
Conference. commissions

2. The following at least shall constitute the proceedings of the Content


Conference and be collected in one volume: of the
proceedings
the lists of participants (members and observers);
546 STATUTES AND REGULATIONS DOC. III

the list of documents;


the verbatim record of the plenary meetings of the
Conference;
the reports of the plenary commissions;
the resolutions of the Conference.
Publication 3. The volume mentioned in paragraph 2 shall be published under
the authority of the Standing Commission by the host
organization and issued to the members of the Conference and
to the observers invited to it, if possible not later than one year
after it closes.
Daily 4. As far as possible summary reports of the plenary meetings of
reports the Conference and of its commissions shall be prepared by the
host organization and issued to the members of the Conference
the day following such meetings.

SECTION III: THE COUNCIL OF DELEGATES

RULE 23
Place and date
The place, date and duration of the Council shall be fixed by the
Standing Commission in accordance with Article 15, paragraph 1 of
the Statutes.

RULE 24
Convocation
When the Council meets on the occasion of a Conference, the
organization responsible for convening the Conference shall also
convene the Council. In all other cases the Standing Commission
shall be responsible for the convocation.

RULE 25
Provisional agenda
The provisional agenda of the Council shall be prepared by the
Standing Commission.
RULES OF PROCEDURE OF THE MOVEMENT 547

RULE 26
Opening meeting
1. The opening meeting of the Council, when it meets on the Date
occasion of a Conference, shall be held before the opening of the
Conference, at a time which takes into account the planned
duration of the Council.
2. The Chairman of the Standing Commission shall chair the Chairmanship
opening meeting until the Chairman of the Council has been
elected.
3. In addition to the election of its Chairman and Vice-Chairman Election of
from among its members, the Council shall elect secretaries. chairmanship
and secretaries

RULE 27
Work of the Council
Unless otherwise specified in the Statutes or in these Rules, the
provisions of these Rules concerning the Conference shall be
applied mutatis mutandis to the meetings of the Council.

RULE 28
Proceedings of the Council
When the Council meets on the occasion of a Conference, the
proceedings of the Council shall also be collected in the volume
mentioned in Rule 22, paragraph 2.

SECTION IV: THE STANDING COMMISSION

RULE 29
Convocation
Immediately after the election of the members of the Standing
Commission the Chairman of the Conference shall convoke the
members of the new Commission who are present. These members
shall decide by majority who shall be responsible for convening the
first meeting of the Commission. If practicable, the first meeting, at
which the Chairman and the Vice-Chairman shall be elected,
should be held forthwith.
548 STATUTES AND REGULATIONS DOC. III

RULE 30
Quorum
To be valid, the deliberations of the Standing Commission shall
require a quorum of five members.

RULE 31
Proceedings of the Standing Commission
When the Standing Commission meets on the occasion of a
Conference in accordance with Rule 29, its proceedings shall be
included in the volume mentioned in Rule 22, paragraph 2.

SECTION V: FINAL PROVISIONS

RULE 32
Amendments to the Statutes and to these Rules
Communi- 1. In pursuance of Article 20 of the Statutes, the text of proposed
cation amendments to the Statutes or to these Rules shall be
of proposals
communicated to the Chairman of the Standing Commission in
such time as will permit him to transmit copies thereof together
with the comments of the International Committee and the
Federation to the members of the Conference no later than six
months before the opening session of the Conference.
Comments 2. The International Committee and the Federation shall present
of the their comments to the proposed amendments in time to enable
International
Committee and the Standing Commission to fulfil its obligation arising from the
the Federation preceding paragraph.
Entry into 3. The Conference shall decide on which date any adopted
force of the amendment shall enter into force.
amendments

RULE 33
Entry into force of these Rules
Abrogation 1. These Rules shall replace the Rules of Procedure of the
International Conference of the Red Cross adopted in 1952 by
the Eighteenth Conference.Any earlier provision which conflicts
with these Rules is repealed.
Date 2. These Rules shall enter into force on 8 November 1986.
IV

STATUTES OF THE INTERNATIONAL


COMMITTEE OF THE RED CROSS

of 21 June 1973, revised on 6 December 1973, 1 May 1974, 14 September 1977,


29 April 1982, 20 January 1988, 2 May 1991, 20 July 1998 and 8 May 2003

Article 1 International Committee of the Red Cross ............................... 550


Article 2 Legal status................................................................................. 550
Article 3 Headquarters, emblem and motto............................................. 550
Article 4 Role............................................................................................. 551
Article 5 Relations with the other components of the Movement........... 551
Article 6 Relations outside the Movement ............................................... 552
Article 7 Membership of the ICRC........................................................... 552
Article 8 Statutory bodies of the ICRC .................................................... 552
Article 9 Assembly .................................................................................... 553
Article 10 Assembly Council ...................................................................... 553
Article 11 Presidency .................................................................................. 553
Article 12 Directorate ................................................................................. 553
Article 13 Power of representation ............................................................. 554
Article 14 Internal Audit............................................................................. 554
Article 15 Assets and financial verification................................................ 554
Article 16 Internal Regulations................................................................... 555
Article 17 Revision...................................................................................... 555
Article 18 Entry into force .......................................................................... 555
IV
STATUTES OF THE INTERNATIONAL
COMMITTEE OF THE RED CROSS

of 21 June 1973, revised on 6 December 1973, 1 May 1974, 14 September 1977,


29 April 1982, 20 January 1988, 2 May 1991, 20 July 1998 and 8 May 2003

ARTICLE 1
International Committee of the Red Cross
1. The International Committee of the Red Cross (ICRC), founded in Geneva in
1863 and formally recognized in the Geneva Conventions and by the
International Conferences of the Red Cross,1 is an independent humanitarian
organization having a status of its own.
2. It is one of the components of the International Red Cross and Red Crescent
Movement.2

ARTICLE 2
Legal status
As an association governed by Article 60 and following of the Swiss Civil Code,
the ICRC has legal personality.

ARTICLE 3
Headquarters, emblem and motto
1. The headquarters of the ICRC is in Geneva.
2. Its emblem is a red cross on a white ground. Its motto is Inter arma caritas. It
likewise acknowledges the motto Per humanitatem ad pacem.

1 Since 8 November 1986, the title of the International Conference has been International Conference of
the Red Cross and Red Crescent.
2 The International Red Cross and Red Crescent Movement (the Movement) is also known as the
International Red Cross. It comprises the National Red Cross and Red Crescent Societies (the National
Societies), the International Committee of the Red Cross (the International Committee or ICRC) and the
International Federation of Red Cross and Red Crescent Societies.
STATUTES OF THE ICRC 551

ARTICLE 4
Role
1. The role of the ICRC shall be in particular:
a) to maintain and disseminate the Fundamental Principles of the Movement,
namely humanity, impartiality, neutrality, independence, voluntary service,
unity and universality;
b) to recognize any newly established or reconstituted National Society which
fulfils the conditions for recognition set out in the Statutes of the Movement,
and to notify other National Societies of such recognition;
c) to undertake the tasks incumbent upon it under the Geneva Conventions,3
to work for the faithful application of international humanitarian law
applicable in armed conflicts and to take cognizance of any complaints
based on alleged breaches of that law;
d) to endeavour at all times as a neutral institution whose humanitarian work
is carried out particularly in time of international and other armed conflicts
or internal strife to ensure the protection of and assistance to military and
civilian victims of such events and of their direct results;
e) to ensure the operation of the Central Tracing Agency as provided in the
Geneva Conventions;
f) to contribute, in anticipation of armed conflicts, to the training of medical
personnel and the preparation of medical equipment, in cooperation with
the National Societies, the military and civilian medical services and other
competent authorities;
g) to work for the understanding and dissemination of knowledge of
international humanitarian law applicable in armed conflicts and to prepare
any development thereof;
h) to carry out mandates entrusted to it by the International Conference of the
Red Cross and Red Crescent (the International Conference).
2. The ICRC may take any humanitarian initiative which comes within its role as
a specifically neutral and independent institution and intermediary, and may
consider any question requiring examination by such an institution.

ARTICLE 5
Relations with the other components of the Movement
1 The ICRC shall maintain close contact with the National Societies. In agreement
with them, it shall cooperate in matters of common concern, such as their

3 In the present Statutes, the expression Geneva Conventions also covers their Additional Protocols for
the States party to those Protocols.
552 STATUTES AND REGULATIONS DOC. IV

preparation for action in times of armed conflict, respect for and development
and ratification of the Geneva Conventions, and the dissemination of the
Fundamental Principles and international humanitarian law.
2. In situations foreseen in Article 4, paragraph 1 d) which require coordination of
assistance provided by National Societies of other countries, the ICRC, in
cooperation with the National Society of the country or countries concerned,
shall coordinate such assistance in accordance with the agreements concluded
with the other components of the Movement.
3. The ICRC shall maintain close contact with the International Federation of Red
Cross and Red Crescent Societies. It shall cooperate with the latter in matters of
common concern in accordance with the Statutes of the Movement and the
agreements concluded between the two organizations.

ARTICLE 6
Relations outside the Movement
The ICRC shall maintain relations with government authorities and any
national or international institution whose assistance it considers useful.

ARTICLE 7
Membership of the ICRC
1. The ICRC shall co-opt its Members from among Swiss citizens. It shall comprise
fifteen to twenty-five Members.
2. The rights and duties of Members of the ICRC shall be laid down in Internal
Regulations.
3. Members of the ICRC shall be subject to re-election every four years.After three
terms of four years they must obtain a three-fourths majority of the full
membership of the ICRC in order to serve any additional term.
4. The ICRC may elect honorary members.

ARTICLE 8
Statutory bodies of the ICRC
The statutory bodies of the ICRC shall be:
(a) the Assembly;
(b) the Assembly Council;
(c) the Presidency;
(d) the Directorate;
(e) Internal Audit.
STATUTES OF THE ICRC 553

ARTICLE 9
Assembly
1. The Assembly shall be the supreme governing body of the ICRC. It shall oversee
all the ICRCs activities, formulate policy, define general objectives and
institutional strategy, and approve the budget and accounts. It shall delegate
certain of its powers to the Assembly Council.
2. The Assembly shall be composed of the Members of the ICRC. It shall be
collegial in character. Its President and two Vice-Presidents shall be the
President and Vice-Presidents of the ICRC.

ARTICLE 10
Assembly Council
1. The Assembly Council shall be a body of the Assembly which acts on the
authority of the latter. It shall prepare the Assemblys activities, take decisions on
matters within its area of competence, and serve as a link between the
Directorate and the Assembly, to which it shall report regularly.
2. The Assembly Council shall comprise five members elected by the Assembly.
3. The Assembly Council shall be presided over by the President of the ICRC.

ARTICLE 11
Presidency
1. The President of the ICRC shall assume primary responsibility for the external
relations of the institution.
2. As President of the Assembly and of the Assembly Council, he shall ensure that
the areas of competence of these two bodies are safeguarded.
3. The President of the ICRC shall be assisted in the performance of his duties by
a permanent Vice-President and a non-permanent Vice-President.

ARTICLE 12
Directorate
1. The Directorate shall be the executive body of the ICRC, responsible for
applying and ensuring application of the general objectives and institutional
strategy defined by the Assembly or the Assembly Council. The Directorate
shall also be responsible for the smooth running and the efficiency of the
Administration, which comprises ICRC staff as a whole.
554 STATUTES AND REGULATIONS DOC. IV

2. The Directorate shall be composed of the Director-General and three to five


Directors, all appointed by the Assembly.
3. The Directorate shall be chaired by the Director-General.

ARTICLE 13
Power of representation
1. All commitments made by the President or the Directorate shall be binding on
the ICRC. The terms and conditions under which they exercise their powers
shall be set out in the Internal Regulations.
2. All documents involving financial commitments on the part of the ICRC
towards third parties must bear the signature of two duly authorized persons.
The Assembly Council shall determine, on a proposal from the Directorate, the
amounts below which this requirement may be waived.

ARTICLE 14
Internal Audit
1. The ICRCs Internal Audit shall have an internal monitoring function
independent of the Directorate. It shall report directly to the Assembly. It shall
proceed through internal operational and financial audits.
2. Internal Audit shall cover the ICRC as a whole, both field and headquarters. Its
aim shall be to assess, on an independent basis, the performance of the
institution and the pertinence of the means deployed in relation to the ICRCs
strategy.
3. In the area of finance, the role of Internal Audit shall complement that of the
firm(s) of external auditors mandated by the Assembly.

ARTICLE 15
Assets and financial verification
1. The principal assets of the ICRC shall be the contributions of governments and
National Societies, funds from private sources and its income from securities.
2. These assets, and such capital funds as it may have at its disposal, shall alone, to
the exclusion of any personal or collective liability of its Members, guarantee
commitments entered into by the ICRC.
3. The utilization of those assets and funds shall be subject to independent
financial verification, both internally (by Internal Audit) and externally (by one
or more firms of auditors).
STATUTES OF THE ICRC 555

4. Even in case of dissolution, Members shall have no personal claim to the assets
of the ICRC, which shall be used solely for humanitarian purposes.

ARTICLE 16
Internal Regulations
The Assembly shall provide for the implementation of the present Statutes, in
particular by establishing Internal Regulations.

ARTICLE 17
Revision
1. The Assembly may revise the present Statutes at any time. Revision shall be the
subject of discussion at two separate meetings, on the agendas of which it shall
be an item.
2. The Statutes may be amended only if so decided by a final two-thirds majority
vote of the Members present and constituting at least half of the full
membership of the ICRC.

ARTICLE 18
Entry into force
The present Statutes shall replace the Statutes of the International Committee of
the Red Cross of 21 June 1973, revised on 20 July 1998, and shall take effect as from
8 May 2003.
V

CONSTITUTION OF THE
INTERNATIONAL FEDERATION OF RED CROSS
AND RED CRESCENT SOCIETIES

Revised and adopted by the VIth Session of the General Assembly


Rio de Janeiro (Brazil), 23-26 November 1987
Amended by the VIIIth Session of the General Assembly
Budapest (Hungary), 25-28 November 1991
Revised and adopted by the 12th Session of the General Assembly
Geneva (Switzerland), 23-28 October 1999
Revised and adopted by the 16th Session of the General Assembly
Geneva (Switzerland), 20-22 November 2007

Preamble............................................................................................................ 560

SECTION I
International Federation
Article 1 Membership Organisation ........................................................ 561
Article 2 Legal Personality ........................................................................ 561
Article 3 Headquarters.............................................................................. 561
Article 4 General Object ........................................................................... 561
Article 5 Functions.................................................................................... 561

SECTION II
National Societies
Article 6 Members of the International Federation ................................. 563
Article 7 Admission .................................................................................. 563
Article 8 Rights and Duties of National Societies .................................... 564
Article 9 Cessation of Membership .......................................................... 565
Article 10 Integrity and Compliance.......................................................... 566
Article 11 Financial Default........................................................................ 566
Article 12 Suspension ................................................................................. 566
Article 13 Expulsion ................................................................................... 567
558 CONTENTS

SECTION III
Bodies of the International Federation
Article 14 Statutory Bodies......................................................................... 568
General Assembly
Article 15 Definition ................................................................................... 568
Article 16 Composition .............................................................................. 568
Article 17 Functions.................................................................................... 568
Article 18 Sessions ofthe General Assembly .............................................. 570
Article 19 Quorum...................................................................................... 571
Article 20 Voting ......................................................................................... 571
Governing Board
Article 21 Definition ................................................................................... 572
Article 22 Composition .............................................................................. 572
Article 23 Functions.................................................................................... 573
Article 24 Procedure ................................................................................... 575
President
Article 25 President of the International Federation ................................. 575
Article 26 Vice-Presidents of the International Federation ....................... 576
Secretary General
Article 27 Secretary General of the International Federation ................... 577

SECTION IV
Constitutional Commissions and Committees of the International Federation
Article 28 Constitutional Commissions and Committees......................... 579
Finance Commission
Article 29 .................................................................................................... 579
Youth Commission
Article 30 .................................................................................................... 580
Compliance and Mediation Committee
Article 31 .................................................................................................... 581
Election Committee
Article 32 .................................................................................................... 582

SECTION V
Elections and Appointments
Article 33 Election of the President, the Vice-Presidents, the National
Societies Members of the Governing Board, and the
Appointment of the Chairs and the Members of the
Constitutional Bodies ............................................................... 583
CONTENTS 559

SECTION VI
Finances of the International Federation
Article 34 Finances and Property ............................................................... 584
Article 35 Financial contributions.............................................................. 585
Article 36 Budget ........................................................................................ 586
Article 37 Audit........................................................................................... 587

SECTION VII
Co-operation
Article 38 Regional Conferences ................................................................ 587
Article 39 Co-operation with the ICRC ..................................................... 588
Article 40 Co-operation with other international organisations............... 588
Article 41 Observers ................................................................................... 588

SECTION VIII
Final provisions
Article 42 Regulations................................................................................. 589
Article 43 Special Provisions ...................................................................... 589
Article 44 Dissolution ................................................................................. 590
Article 45 Interpretation of Texts ............................................................... 591
Article 46 Amendments to the Constitution.............................................. 591
Article 47 Entry into force .......................................................................... 591
Article 48 Transitional Provisions .............................................................. 591
V
CONSTITUTION OF THE
INTERNATIONAL FEDERATION OF RED CROSS
AND RED CRESCENT SOCIETIES

PREAMBLE

We, the National Red Cross and Red Crescent Societies, being the basic units and
vital force of the International Red Cross and Red Crescent Movement, founded in
1919 the League of Red Cross Societies as a purely voluntary non-political, non
governmental, non sectarian organisation, to anticipate, diminish and relieve the
misery produced by disease and calamity in a systematic approach .1
We are committed to protecting human dignity and to improving the lives of
vulnerable people by mobilizing the power of humanity.
We carry out our humanitarian activities in conformity with the Fundamental
Principles of the International Red Cross and Red Crescent Movement: Humanity,
Impartiality, Neutrality, Independence, Voluntary service, Unity and Universality*.
To alleviate human suffering, we work as auxiliaries to our public authorities in the
humanitarian field and through our global network of National Societies and the
Movement.
With the objectives of ensuring the co-ordination of our international activities,
the development and implementation of common standards and policies,
organizational development, capacity building and effective international disaster
management, and of having an international presence and recognition as a global
partner in humanitarian assistance, we therefore have agreed to unite ourselves and
to establish an international body, named the International Federation of Red Cross
and Red Crescent Societies, whose general aim is to inspire, encourage, facilitate and
promote at all times all forms of humanitarian activities.
With these objectives in mind, we hereby set out the constitutional provisions of
this international body and the related rights and duties by which we agree to abide.
We further recall that the mottoes Inter arma caritas and Per humanitatem ad
pacem together express the ideals of the Movement.

1 Bulletin of The League of Red Cross Societies, Geneva, Switzerland, May 15, 1919
CONSTITUTION OF THE FEDERATION 561

SECTION I: INTERNATIONAL FEDERATION

ARTICLE 1
Membership Organisation
1. The International Federation of Red Cross and Red Crescent Character
Societies (the International Federation) is a membership of the
Organisation
organisation established by and comprised of the National
Societies.
2. The International Federation is a component of the International Status in the
Red Cross and Red Crescent Movement (the Movement). Movement

ARTICLE 2
Legal Personality
The International Federation acts under its own Constitution Legal
with all the rights and obligations of a corporate body with legal personality
personality.

ARTICLE 3
Headquarters
Unless otherwise decided by the General Assembly of the Headquarters
International Federation (the General Assembly), the headquarters
of the International Federation is in Geneva, Switzerland.

ARTICLE 4
General Object
The general object of the International Federation is to inspire, General
encourage, facilitate, and promote at all times all forms of Object
humanitarian activities by National Societies with a view to
preventing and alleviating human suffering and thereby
contributing to the maintenance and promotion of human dignity
and peace in the world.

ARTICLE 5
Functions
1. To achieve the general object as defined in Article 4 of the Functions
Constitution, in conformity with the Fundamental Principles
and in the context of the Statutes of the Movement and the
562 STATUTES AND REGULATIONS DOC. V

resolutions of the International Conference of the Red Cross and


Red Crescent (the International Conference), the functions of
the International Federation shall be the following:
A. Services to National Societies:
a) act as the permanent body of liaison, co-ordination and study
among the National Societies and to give them assistance;
b) encourage and promote in every country the establishment
and development of an independent and duly recognised
National Society;
c) assist the National Societies in risk reduction, in disaster
preparedness, in the organisation of their relief actions and
in relief operations themselves;
d) encourage and co-ordinate the participation of the National
Societies in activities for safeguarding public health and the
promotion of social welfare in co-operation with their
appropriate national authorities;
e) encourage and co-ordinate between National Societies the
exchange of ideas for the education of children and young
people in humanitarian ideals and for the development of
friendly relations between children and young people of all
countries, and to share good practices for the participation
of youth in volunteer services and decision-making
processes; and
f) assist National Societies to recruit volunteers and members
from the population as a whole and to promote awareness
and understanding of the Fundamental Principles and ideals
of the Movement to them and to the general public.
B. Humanitarian activities:
a) bring relief by all available means to all disaster- affected
persons;
b) organise, co-ordinate and direct international relief actions
in accordance with the Principles and Rules for Red Cross
and Red Crescent Disaster Relief adopted by the
International Conference;
c) bring relief to victims of armed conflicts, to assist in the pro-
motion and the development of international humanitarian
law and to disseminate this law and the Fundamental
Principles, in accordance with the agreements concluded
with other components of the Movement; and
d) be the official representative of the National Societies in the
international field, among others for dealing with any
CONSTITUTION OF THE FEDERATION 563

matters in connection with decisions and recommendations


by the General Assembly, and to be the guardian of their
integrity and the protector of their interests.
2. The International Federation shall in addition carry out any
other functions validly given to it by the General Assembly.
3. The International Federation shall carry out the mandates
entrusted to it by the International Conference.
4. In each country the International Federation shall act through
or in agreement with the National Society and in conformity
with the laws of that country.

SECTION II: NATIONAL SOCIETIES

ARTICLE 6
Members of the International Federation
The membership of the International Federation shall include
all National Societies duly admitted as members as per Article 7
(hereinafter the National Societies), on which the strength of the
International Federation and its ability to achieve its general object
depends.

ARTICLE 7
Admission
1. To be eligible for membership of the International Federation a Eligibility
National Society must be recognised by the International
Committee of the Red Cross.
2. A National Society becomes a member when it is admitted to the Admission
International Federation in accordance with this Constitution
and the Rules of Procedure.
3. Any National Society wishing to become a member of the Conditions
International Federation shall apply to the President of the for admission
International Federation (the President) and shall formally
undertake to respect the provisions of the Constitution.
4. The admission of a National Society is subject to decision by the Decision of
General Assembly. Any applicant National Society may be admission
admitted provisionally by the Governing Board until the
564 STATUTES AND REGULATIONS DOC. V

General Assembly takes a decision. A National Society admitted


provisionally may take part in the work of the International
Federation but has no voting right and cannot be elected to any
official position in the International Federation.

ARTICLE 8
Rights and Duties of National Societies
1. In order to ensure that the International Federation is able to
fulfil the functions set for it, and to guarantee the equal rights of
its membership, National Societies have the following rights and
duties:
Rights A. Rights:
a) National Societies shall have the right to be represented at
and to participate in the work of the General Assembly, with
the right to vote;
b) National Societies may stand for election and nominate
candidates, to all official bodies, commissions and
committees of the International Federation;
c) National Societies may call upon and receive from the
International Federation any of the services and information
which the International Federation has the power and the
ability to provide, in conformity with its general object,
functions, resources, and legal obligations;
d) National Societies may submit, on their own initiative, in their
name or in that of a group of National Societies, proposals to
the General Assembly and to other bodies, commission and
committees of the International Federation and;
e) National Societies may call upon sister National Societies for
support in accordance with the applicable rules of co-
ordination and co-operation.
Duties B. Duties:
a) National Societies agree to act at all times in accordance with
the Fundamental Principles of the Red Cross and Red
Crescent Movement;
b) National Societies agree to work diligently in pursuit of their
humanitarian objectives as set out in the Statutes of the
International Movement, including minimising the impacts
of disaster and disease; strengthening local capacity to
address vulnerability; promoting respect for diversity and
human dignity; and alleviating the suffering resulting from
armed conflict and internal strife;
CONSTITUTION OF THE FEDERATION 565

c) National Societies agree to abide by the policies, decisions


and rules adopted by the Council of Delegates and the
International Conference;
d) National Societies, following the principle of Unity, agree to
respect the territorial integrity and independence of one
another;
e) National Societies agree to provide the necessary support to
the International Federation in the pursuit of its general
object and functions;
f) National Societies agree to follow the rules set out in this
Constitution, as well as to apply the decisions adopted by the
General Assembly and by the Governing Board;
g) National Societies recognize the necessity of ensuring their
collective integrity, and agree to co-operate fully with the
Compliance and Mediation Committee as well as to take the
necessary steps to ensure adherence to the standards of
integrity required of them;
h) National Societies agree to remit on the date set out in the
Financial Regulations an annual contribution to the
International Federation of the amount approved by the
General Assembly;
i) National Societies agree to contribute to the International
Federation-wide reporting and performance management
systems, once such a system have been adopted by the General
Assembly, and to provide the International Federation with
annual reports and audited financial statements and;
j) National Societies agree to inform the International
Federation, through the Secretary General, of any proposed
amendments to their Statutes and of the composition of their
main governing and managing bodies.
2. National Societies shall enjoy all the rights granted to them and
comply with all the duties stipulated in this Constitution.
3. None of the provisions of this Constitution shall limit in anyway
the National Societies mandate as set out in the Statutes of the
Movement

ARTICLE 9
Cessation of Membership
1. A National Society shall cease to be a member of the Dissolution
International Federation when it is dissolved and in the
circumstances set out in paragraphs 2 and 3 below.
566 STATUTES AND REGULATIONS DOC. V

Withdrawal 2. Any National Society may withdraw from the International


Federation provided it gives the President six months written
notice of withdrawal.
Expulsion 3. A National Society may be expelled from the International
Federation by decision of the General Assembly in accordance
with Article 13 of this Constitution.

ARTICLE 10
Integrity and Compliance
Standards of 1. National Societies and constitutional bodies of the International
Integrity Federation are expected to comply with applicable integrity
policies adopted by the General Assembly and National
Societies also with the duties of National Societies as set out in
this Constitution.
Breaches of 2. Any failure to comply with the policies or duties referred to in
Integrity paragraph 1 above will be considered a breach of integrity and
shall be referred to the Compliance and Mediation Committee,
as set out in Article 31.

ARTICLE 11
Financial Default
Any failure to pay the required statutory contributions shall be
subject to the rules and regulations stipulated under Article 35 of
this Constitution.

ARTICLE 12
Suspension
Suspension 1. The Governing Board, after examining the recommendation of
a Panel formed by the Compliance and Mediation Committee
and in accordance with the Rules of Procedure, may decide to
suspend a National Society from membership status in the
International Federation.
Grounds for
suspension 2. A National Society may be suspended:
a) if it ceases to fulfil the conditions for admission provided
for in this Constitution, in particular if, because of modifica-
tion, its Statutes are no longer in conformity with the
Fundamental Principles;
CONSTITUTION OF THE FEDERATION 567

b) if the National Society on its own initiative or under pressure


from the government of its country contravenes any of the
Fundamental Principles;
c) if the National Society uses its connection with the
International Federation for a purpose which is not in
conformity with any of the Fundamental Principles;
d) if the National Society acts contrary to the general object of
the International Federation and persistently refuses to
comply with its duties under the Constitution; or
e) if the National Society is considered by the Governing Board
to having committed a breach of integrity.
3. A suspended National Society shall immediately lose its rights as Consequences
a member. of suspension

4. An individual holding any office on appointment by a


suspended National Society, except such individuals elected or
appointed to such office in their personal capacity, shall forfeit
the right to perform any official function.
5. Any vacancy created by the suspension of a National Society
shall be filled by the competent body, committee or commission
according to the procedures for appointment or election to such
office at its next session.
6. The Governing Board may revoke the suspension of a Reinstatement
suspended National Society when the reasons for suspension no
longer apply.

ARTICLE 13
Expulsion
1. When the Governing Board determines that the continued Expulsion
membership of a National Society is a grave risk to the
International Federation or its membership, the Governing
Board may recommend to the General Assembly, as a last resort,
expulsion of that Society.
2. An expelled National Society shall remain liable for all Consequences
obligations to the International Federation or its membership of expulsion
incurred prior to expulsion.
3. An expelled National Society shall immediately lose its rights as
a member.
4. An individual holding any office on appointment by an expelled
National Society, except such individuals elected or appointed to
568 STATUTES AND REGULATIONS DOC. V

such office in their personal capacity, shall forfeit the right to


perform any official function
Readmission 5. A National Society which has been expelled can reapply for
admission following the procedures laid down in Article 7 once
the reasons for expulsion no longer apply.

SECTION III:
BODIES OF THE INTERNATIONAL FEDERATION

ARTICLE 14
Statutory Bodies
The Statutory Bodies of the International Federation, are those
bodies having governance functions, which are:
The General Assembly;
The Governing Board;
The President;
and the body with executive functions, which is the Secretary
General.

GENERAL ASSEMBLY

ARTICLE 15
Definition
Subject to the Constitution, the General Assembly shall be the
supreme governing body of the International Federation.

ARTICLE 16
Composition
The General Assembly shall be composed of the National Societies.

ARTICLE 17
Functions
1. The General Assembly shall, among others, exercise the
following functions:
CONSTITUTION OF THE FEDERATION 569

a) determine the general policies that govern the International Policy


Federation and the National Societies;
b) take decisions on the admission of National Societies and Admission/
expulsion as set out in Articles 7 and 13 respectively; Sanctions
c) elect the President of the International Federation; Election
President
d) elect those four National Societies, one from each region,
which shall be entitled to appoint a Vice-President of the Election Vice-
International Federation (Vice-President); President

e) elect the National Societies members of the Governing Election Societies


Board; members of the
Governing Board
f) appoint members of the constitutional commissions and Appointment of
committees; constitutional
bodies
g) designate the representatives of the International Federation Representatives
to the bodies of the Movement; to Movement
bodies
h) set up other bodies, including, among others, advisory bodies
and bodies with legal status required for the activities of the Other bodies
International Federation, and to appoint their members;
i) designate as external auditors, on the recommendation of the External
Governing Board, a firm of internationally recognised auditors
independent auditors;
j) approve, on the recommendation of the Governing Board, Budget
the biennial plans, budgets and financial reports of the
International Federation;
k) take note of the report of the external auditors;
l) approve, on the recommendation of the Governing Board Statutory
and the Finance Commission, the annual scale of contributions
contributions of the National Societies;
m) amend the Constitution and the Rules of Procedure and Constitution,
adopt any other regulations necessary for the implementa- Rules of
Procedure and
tion of the Constitution; other regulations
n) consider the reports of the Governing Board and Secretary Reports
General and of all bodies set up by the General Assembly and
discharge the Secretary General and the Governing Board on
its delegated activities;
o) decide on the proposals presented by National Societies, the Proposals from
Governing Board and other bodies of the International National
Societies and
Federation; bodies
p) ratify general agreements concluded with the International
Committee of the Red Cross or any other international
organisation or institution that create obligations for
National Societies; and
570 STATUTES AND REGULATIONS DOC. V

Transfer of the q) decide on the transfer of the headquarters of the


Headquarters International Federation;
Delegation 2. The General Assembly may not delegate to another body of the
of powers International Federation the powers defined in paragraph 1 of this
Article, with the exception of the following, which are hereby
delegated to the Governing Board between sessions of the General
Assembly and until the General Assembly decides otherwise:
a) set up commissions and committees, including, among
others, those with legal status, required for the activities of
the International Federation, and to appoint their members;
b) decide on the reports of bodies set up by the General
Assembly;
c) decide on proposals presented by National Societies or other
bodies of the International Federation; and
d) designate the representatives of the International Federation
to the bodies of the Movement;
Financial 3. Before the General Assembly takes decisions involving
implications expenditure, the Secretary General, after having consulted the
Finance Commission, shall submit a report to it on the
administrative and financial implications of any such proposal.
If the expenditure proposed cannot be covered by the budget, no
commitment in this respect can be made before the General
Assembly has taken the necessary measures to make available
the additional funds required.

ARTICLE 18
Sessions of the General Assembly
Ordinary 1. The General Assembly shall meet in ordinary session once every
sessions two years. Such sessions shall normally be held where the
headquarters of the International Federation are located.
2. A session of the General Assembly shall be held in the same
place as and before the International Conference when the latter
has been convoked.
Change of 3. In exceptional circumstances, the President, in consultation with
place of the the Secretary General and with the agreement of the majority of
session
the members of the Governing Board, may change the place
and/or the dates of the session of the General Assembly.
Extraordinary 4. An extraordinary session of the General Assembly shall be held
sessions in the same place as and before any extraordinary session of the
International Conference when the latter has been convoked.
CONSTITUTION OF THE FEDERATION 571

5. Extraordinary sessions of the General Assembly may also be


held on the initiative of the President in agreement with the
majority of the members of the Governing Board or on the
initiative of at least thirty-five percent of the National Societies.

ARTICLE 19
Quorum
1. With the exception of the quorum required to amend the
Constitution, to transfer the headquarters of the International
Federation and to dissolve the International Federation,
decisions taken at an ordinary or extraordinary session of the
General Assembly shall be valid only with a quorum of fifty
percent of the National Societies.
2. The quorum required to amend the Constitution, to transfer the
headquarters or to dissolve the International Federation, shall be
sixty-five percent of the National Societies.
3. Should less than fifty percent of the National Societies be in
attendance at any ordinary or extraordinary session, the General
Assembly shall be re-convened after at least 24 hours have
elapsed. At such session, decisions shall be validly taken with a
quorum of twenty-five percent of the National Societies.
4. Should the provisional or adopted agenda include the admission
of National Societies or the expulsion of National Societies, the
adoption of the biennial budget, the transfer of the headquarters
of the International Federation, the election to the positions
referred to in Article 33, the dissolution of the International
Federation or amendments to the Constitution, another session
shall be convened not less than forty-five and not more than
ninety days after the one preceding it. At such a session,
decisions shall be validly taken with a quorum of twenty-five
percent of the National Societies.

ARTICLE 20
Voting
1. Each National Society represented at the General Assembly shall
have one vote.
2. Except as otherwise provided in the Constitution, decisions of
the General Assembly shall be taken by a simple majority of the
National Societies present and voting.
572 STATUTES AND REGULATIONS DOC. V

Absolute 3. An absolute majority of the National Societies present and


majority voting is required to elect the President.
Qualified 4. A qualified majority of sixty percent of the National Societies
majority of present and voting is required to admit National Societies
sixty percent
(Article 7) and expel National Societies (Article 13), to
reconsider a decision previously taken at the same session of the
General Assembly, to classify a matter as an important matter,
and to decide on any matter classified by the General Assembly
as an important matter.
Qualified 5. A qualified majority of seventy-five percent of the National
majority of Societies present and voting shall be required to amend the
seventy-five
percent Constitution (Article 46) to transfer the headquarters of the
International Federation (Article 17.1.q) and to dissolve the
International Federation (Article 44).
National 6. Within the context of the Constitution, the term National
Society Societies present and voting shall mean National Societies
present and
voting present and voting for or against. National Societies abstaining
from voting are considered as not having voted.

GOVERNING BOARD

ARTICLE 21
Definition
The Governing Board is the body which governs the
International Federation between sessions of the General Assembly.

ARTICLE 22
Composition
The Governing Board shall be composed of:
a) the President;
b) the four Vice-Presidents;
c) the ex officio Vice-President;
d) twenty National Societies;
e) the Chair of the Finance Commission;
f) the Chair of the Youth Commission.
CONSTITUTION OF THE FEDERATION 573

ARTICLE 23
Functions
1. The Governing Board shall exercise the following functions:
a) decide on any matter assigned or delegated to it by the
Constitution or by the General Assembly;
b) appoint and dismiss the Secretary General of the
International Federation;
c) define, within the framework of the general policies
determined by the General Assembly, the policies for the
various fields of activity of the International Federation and
the National Societies;
d) interpret the decisions of the General Assembly, advise the
President and give guidance and support to the Secretary
General in implementing the decisions of the General
Assembly;
e) monitor on behalf of the General Assembly the
implementation of the mandates entrusted to the
International Federation by the International Conference;
f) draw up the provisional agenda of the General Assembly;
g) submit advice and proposals to the General Assembly when
so requested by the latter or on its own initiative;
h) submit to the General Assembly the proposed members of
the Election Committee;
i) study any questions relating to the implementation of the
functions of the International Federation, and submit advice
and proposals in this respect to the General Assembly;
j) recommend to the General Assembly as external auditor a
firm of internationally recognised independent auditors;
k) examine the reports on activities as well as the financial and
budgetary reports and reports on risk matters presented by
the Secretary General and the Finance Commission, and
recommend, for final approval by the General Assembly, the
biennial budget, plans and financial reports of the
International Federation, including the scale of
contributions of National Societies and the formula for
fixing their financial participation;
l) ratify general agreements concluded with the International
Committee of the Red Cross and any other international
organisation or institution not requiring General Assembly
ratification as set out in Article 17.1.p;
m) provisionally admit the National Societies,
574 STATUTES AND REGULATIONS DOC. V

n) apply any or a combination of the following sanctions


towards National Societies in case of a breach of integrity:
recommend a particular action to one or more National
Societies;
render the breach public or may make an appeal to the
conscience of the world;
terminate any International Federation support to the
National Society;
suspend the National Society;
take any other measure it deems appropriate;
as a last resort, recommend to the General Assembly that
the National Society be expelled
o) declare in default National Societies that have not paid their
annual contribution in accordance with Article 35;
p) approve the selection of candidates for appointment to the
posts of (or equivalent to) Deputy and Under Secretaries
General or Directors; and
q) approve the outline structure of the Secretariat of the
International Federation proposed by the Secretary General.
2. The Governing Board shall report to the General Assembly on
the accomplishment of its functions.
Financial 3. The Governing Board must not take decisions involving
implications expenditure not included in the budget before the Secretary
General and the Finance Commission have submitted a report
to it justifying the administrative and financial implication of
any such proposal. If the expenditure proposed cannot be
covered, no commitment in this respect can be made before the
General Assembly has taken the measures to make available the
additional funds required.
Emergency 4. If in the opinion of the Governing Board an emergency exists
authorisation and it is impossible or impracticable to convoke a session of the
General Assembly, the Governing Board is authorised, subject to
Article 43, to take such measures as it deems necessary to deal
with the emergency. Decisions so reached by the Governing
Board shall be reported to and discharged by the General
Assembly at its next session.
5. If the Governing Board decides that there is an emergency
affecting the International Federation, the Secretary General shall
as soon as is practicable thereafter inform all National Societies
that the Governing Board has decided that an emergency exists,
stating the nature of the emergency and all decisions and actions
taken by the Governing Board to deal with it.
CONSTITUTION OF THE FEDERATION 575

ARTICLE 24
Procedure
1. The Governing Board shall meet in ordinary session twice a
year, when convened by the President. In addition the President
shall convene the Governing Board on his/her own initiative or
whenever requested by a majority of its members, and may also
do so at the request of the Secretary General.
2. The decisions of the Governing Board shall be valid with a
quorum of sixty percent of its members and shall be taken by a
simple majority of the members present and voting. In the event
of a tie the President shall have the casting vote. A decision to
suspend or to recommend expulsion of a National Society shall
be taken with a qualified majority of sixty percent of the
members of the Governing Board.
3. The President may invite any person to attend the meetings of
the Governing Board as an observer.

PRESIDENT

ARTICLE 25
President of the International Federation
1. The President is the highest personality of the International
Federation. The President shall be responsible to the General
Assembly for ensuring that the International Federation pursues
its general object and exercises its functions as defined in the
Constitution. The President acts under the authority of the
General Assembly and of the Governing Board to guide the
affairs of the International Federation, including the activities of
the Secretary General, in conformity with the decisions of the
General Assembly and the Governing Board.
2. The President shall: Functions
a) convene and preside over the sessions of the General
Assembly and the Governing Board;
b) present to the General Assembly a review of the state of the
International Federation;
c) present to the Governing Board and General Assembly the
report of a firm of internationally recognised independent
auditors;
576 STATUTES AND REGULATIONS DOC. V

d) co-ordinate the work of the governance bodies, commissions


and committees of the International Federation;
e) represent the International Federation in its relations with
the other components of the Movement and with other
international organisations and institutions;
f) have the ability to call upon the Vice-Presidents and the
Chair of the Finance Commission, to assist him/her
individually or collectively, in his/her functions;
g) carry out any other function entrusted by the General
Assembly or by the Governing Board.
Delegation 3. The President may delegate a part of the functions under this
Article to any of the Vice-Presidents.
Replacement 4. The President may charge one of the Vice-Presidents with
during a replacing him/her during a meeting or part of a meeting.
meeting
Vacancy in the 5. In the event of a vacancy arising in the office of the President or
office of the the President being unable to carry out his/her functions, the
President
Governing Board, at its next ordinary session, shall designate a
Vice-President who shall serve as Acting President until the next
session of the General Assembly. At this session the General
Assembly shall elect the President to fill the vacancy for the
remaining period of the current term of office. Until the
designation of a Vice-President as Acting President by the
Governing Board the ex-officio Vice-President shall fulfil this
function.

ARTICLE 26
Vice-Presidents of the International Federation
Role of the 1. The Vice-Presidents of the International Federation shall
Vice-Presidents support the President and may be called upon individually or
collectively by the President to assist in the execution of his/her
functions. They participate in the sessions of the General
Assembly in their personal capacity.
Ex-officio 2. The President of the National Society of the country in which
Vice-President the International Federation has its headquarters or his/her
designated representative appointed from and by the governing
body of that Society shall be ex officio Vice-President.
Functions 3. The elected Vice-Presidents shall:
a) ensure communication on governance matters between the
General Assembly, the Governing Board and the National
Societies in their regions; and
CONSTITUTION OF THE FEDERATION 577

b) promote the decisions of the General Assembly and


Governing Board, particularly in their regions.
4. In regards to the regional conferences in their regions the elected
Vice-Presidents shall serve as chairs of the relevant preparatory
bodies.

SECRETARY GENERAL

ARTICLE 27
Secretary General of the International Federation
1. The Secretary General shall be appointed by the Governing Appointment
Board, for a period of up to four years, renewable. The contract
between the International Federation and the Secretary General
shall be drawn up by the Governing Board in accordance with
the relevant provisions of the Rules of Procedure, any applicable
conditions set by the General Assembly and the labour law
governing the International Federation.
2. The Secretary General, as defined in Article 14 is the Chief Functions
Executive Officer of the International Federation and carries out
the following functions:
a) implement the decisions of the General Assembly and the
Governing Board;
b) be responsible for the administration of the approved
budget, in accordance with Article 36.6;
c) direct the Secretariat and be responsible for the execution of
the work entrusted to it;
d) organise the different services of the Secretariat in
accordance with the decisions of the General Assembly and
of the Governing Board; appoint the staff of the Secretariat,
keeping in mind the principles of gender equality and
geographical distribution; and when necessary terminate the
engagements of such staff;
e) make appointments to the posts of (or equivalent to) Deputy
and Under Secretaries General, such as Directors, after
obtaining the Governing Boards approval of the candidates
selected by him/her;
f) in the absence of the President or as otherwise agreed
appropriate, represent the International Federation in its
relations with other components of the Movement and with
other international organisations and institutions;
578 STATUTES AND REGULATIONS DOC. V

g) be the authorised representative of the International


Federation in relation to third parties and courts of law for all
transactions whatsoever, including transactions executed in
notarial form relating to the acquisition, administration and
expenditure of the resources of the International Federation;
h) assure the execution of the functions set out in Article 5,
including direct relief actions or other actions decided upon
by the General Assembly or the Governing Board. In
exceptional or urgent circumstances, the Secretary General
shall take all appropriate measures after consultation with
the National Society concerned to the extent possible;
i) carry out any other function assigned to him/her by the
Constitution or entrusted to him/her by the General
Assembly or the Governing Board;
j) report on the activities of the Federation to the General
Assembly and to the Governing Board;
k) keep the President and Vice-Presidents, as appropriate,
closely informed in carrying out his/her functions; and
l) establish relations with those National Societies or
organisations recognised as auxiliaries to the public
authorities in the humanitarian field who accept and respect
in their action the Fundamental Principles, even though they
may not be components of the Movement or members of the
International Federation.
3. The Secretary General shall ex officio be secretary of the
General Assembly and of the Governing Board and, unless the
Constitution provides otherwise, of all bodies set up by the
General Assembly and the Governing Board. The Secretary
General may delegate these functions to other officials of the
Secretariat.
Participation 4. The Secretary General participates in the sessions of the General
in the General Assembly and the Governing Board.
Assembly and
the Governing 5. The Secretary General shall be assisted in the implementation of
Board his/her executive task by a Secretariat.
6. The Secretary General shall establish the structure of the
Secretariat, the general outline of which shall be subject to the
approval of the Governing Board.
CONSTITUTION OF THE FEDERATION 579

SECTION IV: CONSTITUTIONAL COMMISSIONS AND


COMMITTEES OF THE INTERNATIONAL FEDERATION

ARTICLE 28
Constitutional Commissions and Committees
The Constitutional Commissions and Committees of the
International Federation are:
The Finance Commission;
The Youth Commission;
The Compliance and Mediation Committee;
The Election Committee.
They have advisory or such other functions as set out in this
Constitution.

FINANCE COMMISSION

ARTICLE 29
1. The Finance Commission shall be composed of : Composition
a Chair; and
nine members,
appointed in a personal capacity by the General Assembly on
presentation of candidates by the Election Committee.
2. The functions of the Finance Commission shall be: Functions
a) to give advice on all financial and risk matters affecting the
International Federation;
b) to comment on the financial report and on the budget drawn
up by the Secretary General;
c) to receive from the President the report of the external
auditors, and to comment on the same to the President and
the Governing Board;
d) to comment on the handling and investment of available
funds and to make recommendations to the General
Assembly and the Governing Board on any financial
measures which it deems appropriate;
e) to review periodically the formula for fixing the financial
participation of National Societies and every two years to
establish the annual scale of contributions of National
580 STATUTES AND REGULATIONS DOC. V

Societies for submission, through the Governing Board, to


the General Assembly for approval;
f) to establish the annual contributions of National Societies
applying for membership prior to the application being
considered by the General Assembly;
g) to hear appeals from National Societies in accordance with
Article 35, paragraphs 3 and 4, to acquaint itself with arrears
in payment of contributions by National Societies and to
express its views to the Governing Board and the General
Assembly on whether a Society should be declared in default
in accordance with Article 35, paragraph 5;
h) to assist the Governing Board in applying and implementing
the decisions of the General Assembly on the financial
management of the International Federation; and
i) to report on its work to each session of the General Assembly
and of the Governing Board.
Authority of 3. The Chair of the Finance Commission shall have the right to
the Chair obtain from the Secretary General all information and
documents of a financial and budgetary character and those
related to risk matters.
4. The Chair of the Finance Commission shall advise the President
and the Secretary General on all financial and risk matters
affecting the International Federation.
Procedure 5. The procedures of the Finance Commission shall be laid down
in the Rules of Procedure.

YOUTH COMMISSION

ARTICLE 30
Composition 1. The Youth Commission shall be composed of:
a Chair; and
eight members,
appointed in a personal capacity by the General Assembly on
presentation of candidates by the Election Committee.
Functions 2. The functions of the Youth Commission shall be:
a) to give advice on all matters concerning youth and youth-
related activities throughout the International Federation;
CONSTITUTION OF THE FEDERATION 581

b) to promote and assess the implementation of the youth


policy decided by the General Assembly or the Governing
Board, as well as to consider and study as requested by the
Board matters of policy development in the area of youth;
c) to review and suggest revisions of the youth policy to the
Governing Board or the General Assembly (as the case may
be) for adoption;
d) to seek youth opinions on the implementation of relevant
International Federation policies and to ensure that those
opinions are communicated to the Statutory Bodies of the
Movement;
e) to advise the Secretary General in the implementation of the
youth policy and all other policies and strategies as they
relate to youth within the Movement; and
f) to report to the General Assembly and Governing Board on
its general activities on a regular basis.
3. The Chair of the Youth Commission shall receive from the
Secretary General all relevant information and documents
necessary to enable the Commission to fulfil its functions.
4. The Chair of the Youth Commission shall advise the President
and the Secretary General on all issues affecting youth in the
Movement.
5. The procedures of the Youth Commission shall be laid down in Procedure
the Rules of Procedure.

COMPLIANCE AND MEDIATION COMMITTEE

ARTICLE 31
1. A Compliance and Mediation Committee shall be established to
assist the bodies of the International Federation in taking the
appropriate steps to resolve any potential breaches of integrity
on the part of a National Society or any body of the
International Federation, and to help settle any disagreements
submitted to it.
2. The Committee shall be composed of thirteen individuals, three Composition
from each of the four statutory regions of the International
Federation, and one individual who shall be named to serve as
Chair. It shall serve as a pool for the formation of individual
panels.All members shall be appointed by the General Assembly
on presentation of candidates by the Election Committee.
582 STATUTES AND REGULATIONS DOC. V

Complaints 3. Allegations of a breach of integrity or any dispute may be


brought to the attention of the Chair of the Compliance and
Mediation Committee by any National Society or body of the
International Federation.
Compliance The Chair shall review the allegation in accordance with the
and Rules of Procedure and if an inquiry is merited shall ensure that
Mediation
Panel a panel of three to five members is formed to consider the
allegation, with due regard to geographical representation.
Mandate of 4. Upon receipt of a complaint the panel, in accordance with the
Panel Rules of Procedure and with full respect for due process, shall
investigate the matter and make a determination as to the nature
and extent of any breach. In cases where breaches are
substantiated the panel shall recommend to the National Society
steps to resolve the matter.
5. If the matter is not resolved, the panel shall submit a report to
the Governing Board, including a summary of its findings,
measures taken to try to resolve the matter and any further
action recommended to be taken by the Governing Board or
General Assembly.
6. The Compliance and Mediation Committee shall report to the
General Assembly and Governing Board on its general activities
on a regular basis.

ELECTION COMMITTEE

ARTICLE 32

Composition 1. The Election Committee shall be composed of:


a Chair; and
four members, one from each of the four statutory regions,
all five to be appointed in a personal capacity by the General
Assembly on the proposal of the Governing Board.
Functions 2. The Election Committee shall:
a) develop electoral standards for campaigning;
b) draw up criteria for the positions of President and Vice-
President, to be approved by the Governing Board at least
one year before the relevant election;
CONSTITUTION OF THE FEDERATION 583

c) review against the relevant criteria the applications of all


candidates for the Governing Board (ad persona and
National Societies);
d) establish, after consultation with the Governing Board, a list
of proposals of candidates for the Finance Commission, the
Youth Commission and the Compliance and Mediation
Committee, for appointment by the General Assembly;
e) monitor and oversee all elections to these positions; and
f) announce the results of elections to these positions.

SECTION V: ELECTIONS AND APPOINTMENTS

ARTICLE 33
Election of the President, the Vice-Presidents, the National
Societies Members of the Governing Board, and the
Appointment of the Chairs and the Members of the
Constitutional Bodies
1. Elections shall be held in ordinary sessions every four years. The Periodicity
appointments of the members of the Finance Commission,
Youth Commission, Compliance and Mediation Committee and
Election Committee shall be made in ordinary sessions every
four years, not coinciding with elections of the President, Vice-
Presidents and National Societies members of the Governing
Board.
2. The term of office of all elected and appointed positions is four Term of office
years. It begins at the close of the session of the General
Assembly at which the incumbents have been elected/appointed
and expires at the close of the session of the General Assembly
which elects/appoints their successors.
3. The General Assembly elects the President in a personal President
capacity. A person who has served two consecutive four-year
terms as President is not eligible to stand again for election until
a further four-year term has elapsed.
4. The General Assembly elects four National Societies, one from Vice-
each of the four statutory regions established in accordance with Presidents
the Rules of Procedure, for the purpose of each of them
appointing a member of their National Society to the post of
584 STATUTES AND REGULATIONS DOC. V

Vice-President for a period of four years. Once appointed, the


Vice-Presidents shall serve in a personal capacity.
Societies 5. The General Assembly elects twenty National Societies as
members of members of the Governing Board, respecting geographical
the Board
distribution as set out in the Rules of Procedure. A National
Society elected member of the Governing Board shall appoint
one individual to serve as its representative on the Governing
Board. The appointed individual should normally not be changed
during the elected Societys term of office. The National Societies
of which the President or the Vice-Presidents are members must
not be proposed for candidature to the Governing Board.
Rotation 6. Any National Society elected for the purpose of appointing a
Vice-President or a National Society member of the Governing
Board and having served two consecutive four-year terms in
either capacity or combinations thereof is not eligible to stand
again for election until a further four-year term has elapsed.
Chair and 7. The General Assembly shall appoint the Chair and members of
members of the Finance Commission, Youth Commission and Compliance
the Finance
Commission, and Mediation Committee. Any person who has served two
Youth consecutive four-year terms as Chair or as member of any of
Commission,
and these bodies shall not be eligible to stand again for election as
Compliance Chair or as member of such body until a further four-year term
and Mediation has elapsed.
Committee
Election 8. The General Assembly shall, on the proposal of the Governing
committee Board, appoint the Chair of the Election Committee and four
members, one from each of the four statutory regions.

SECTION VI:
FINANCE OF THE INTERNATIONAL FEDERATION

ARTICLE 34
Finances and Property
Civil liability 1. The International Federation shall be solely responsible, to the
exclusion of the National Societies, for all its transactions and
commitments.
Resources 2. The regular resources of the International Federation shall
consist of contributions from National Societies and income
derived from investments.
CONSTITUTION OF THE FEDERATION 585

3. Within the limits laid down by its general object and functions Properties and
the International Federation shall acquire, own, dispose of and unrestricted
resources
administer any property. It may accept unrestricted contributions
and assistance in any form from National Societies, individuals,
governments and other public or private bodies.
4. The International Federation may accept as an agent or trustee Earmarked
funds or property earmarked for particular use provided that resources and
real estate
such use is within the general scope of its activities, general
object and functions. It may accept any conveyance of real estate
for its use or benefit.
5. The International Federation may constitute and manage any Reserves
reserves or other funds for its staff or for any of its activities.

ARTICLE 35
Financial contributions
1. The financial year shall run from 1 January to 31 December. Financial year

2. Each National Society shall pay an annual contribution to the Statutory


International Federation in accordance with the scale of contributions
contributions established by the Finance Commission and
approved by the General Assembly and within such time-limit
as may be prescribed by the General Assembly.
3. Any National Society which contests the annual contribution Appeals
approved by the General Assembly shall have the right to appeal
immediately to the Finance Commission. However, such an
appeal shall not invalidate the obligation of paying the
uncontested part of the annual contribution within the time-
limit fixed by the General Assembly.
4. Any National Society unable, for any reason whatsoever, to pay its Arrangements
contribution may refer this matter to the Finance Commission in for payment
of the
order to obtain appropriate arrangements enabling the National contribution
Society to pay it in conformity with the conditions fixed by the
Finance Commission. However, such an appeal shall not
invalidate the obligation of paying the contribution.
5. If a National Society does not pay the amount in accordance Declaration
with paragraphs 3 or 4 of the present Article, the Finance in default
Commission shall report the matter to the Governing Board.
The Governing Board shall receive the recommendation of the
Finance Commission and shall decide whether to declare the
Society in default or not.
586 STATUTES AND REGULATIONS DOC. V

Consequences 6. Any National Society which has been declared in default shall
of the declara- not be eligible for election or re-election to any body of the
tion in default
International Federation and, if so decided by the Governing
Board, shall lose its right to vote.
Financial 7. Any National Society which has withdrawn, which has been
obligations suspended or which has been declared in default shall remain
liable for payment of its contribution for the financial year
during which any of the foregoing steps were taken, of any
arrears of previous years and of any other debt to the
International Federation.

ARTICLE 36
Budget
Preparation of 1. The Secretary General shall draw up the budget of the International
budget and Federation in consultation with the Chair of the Finance
financial
statements Commission. The Secretary General shall also prepare a report on
the accounts relating to the preceding financial year and submit
these documents to the Governing Board for study and to the
General Assembly for approval.
Approval of 2. The General Assembly shall examine and approve every two
budget and years:
financial
statements a) the financial statements and reports covering the previous
two financial years;
b) the budget for the next two financial years presented by the
Secretary General and recommended by the Governing
Board.
3. The Governing Board shall examine every year the annual
report of the previous financial year, presented by the Secretary
General.
4. In those years in which the General Assembly does not meet the
Governing Board shall review the budget for the following year,
and, if exceptional circumstances exist, adjust that budget in the
light of those circumstances.
Financial 5. Subject to the provisions of Articles 17, paragraph 3, and 23,
measures paragraph 3, the General Assembly, or failing it the Governing
Board, may decide on any financial measures which may appear
advisable, and shall take into consideration such
recommendations as may be made by the Secretary General or
the Chair of the Finance Commission.
CONSTITUTION OF THE FEDERATION 587

6. The Secretary General who is responsible for the administration Administration


of the approved budget shall: and execution
of the budget
a) implement the budget as adopted, ensuring the payment of
contributions and, depending on the needs, defraying the
expenses authorised;
b) receive and hold all funds paid to the International
Federation for whatever purpose, be accountable for these
funds to the General Assembly and the Governing Board,
and dispose of them in accordance with the budget adopted;
and
c) decide on the handling and investment of the available funds
after consultation with the Chair of the Finance Commission.

ARTICLE 37
Audit
1. At the close of each financial year, the accounts of that year:
a) shall be made the subject of a report prepared by the
Secretary General; and
b) shall be audited and reported upon by a firm of
internationally recognised independent auditors to be
designated by the General Assembly on the recommendation
of the Governing Board.
2. These reports shall refer to the budget and accounts of the
International Federation and shall also cover the use of funds
entrusted to the International Federation in the capacity of
agent or trustee.

SECTION VII: CO-OPERATION

ARTICLE 38
Regional Conferences
1. A Regional Conference is a meeting of the National Societies of Definition
a statutory region as defined in the Rules of Procedure with the
purpose of:
promoting co-operation, networking and partnerships
amongst the National Societies of the regions;
588 STATUTES AND REGULATIONS DOC. V

identifying common humanitarian concerns and issues;


striving to achieve common strategies of implementation
with regard to decisions of the General Assembly, the
Council of Delegates and the International Conference;
making proposals to the Governing Board on matters related
to the General Assembly and the Statutory Bodies of the
Movement.
Timing 2. In principle a Regional Conference shall be held in each
statutory region once every four years.
Reports from 3. The Secretary General shall provide a report for the approval of
the Secretary the Governing Board on the agenda and the administrative,
General
technical, financial and other implications of forthcoming
Regional Conferences. He/she shall also present a report on the
results of any Regional Conference held.
Secretariat 4. The Secretary General shall assist the host National Society in
assistance organising and holding a Regional Conference.
Applicable 5. A Regional Conference shall be held in conformity with the
rules Constitution and the Rules of Procedure.

ARTICLE 39
Co-operation with the ICRC
The International Federation shall maintain close contact with the
ICRC. It shall co-operate with the latter in matters of common con-
cern in accordance with the Statutes of the Movement and the agree-
ments concluded between the International Federation and the ICRC.

ARTICLE 40
Co-operation with other international organisations
The International Federation shall co-operate within the terms
of the Constitution with international, intergovernmental and non-
governmental organisations, as it deems appropriate.

ARTICLE 41
Observers
The Governing Board and, if it is not in session, the President
may, after consultation with the members of the Governing Board
and in conformity with the Rules of Procedure, invite observers to
participate in sessions of the General Assembly.
CONSTITUTION OF THE FEDERATION 589

SECTION VIII: FINAL PROVISIONS

ARTICLE 42
Regulations
1. The General Assembly shall enact by a simple majority all
regulations relating to procedure and other matters as may be
necessary for the implementation of the Constitution as well as
for the accomplishment of the tasks of the International
Federation.
2. Within the framework of the Constitution and of the Rules of
Procedure in force, and subject to the approval of the General
Assembly, the Governing Board and other bodies of the
International Federation may also draw up such regulations as
are necessary for the accomplishment of their respective tasks.
3. The General Assembly may, in a manner consistent with the
Constitution, at any time amend such regulations by a simple
majority.

ARTICLE 43
Special Provisions
1. When, for any reason beyond its control, the General Assembly
is prevented from meeting and thereby from electing the
President, the National Societies to appoint the Vice-Presidents
or, the National Societies members of the Governing Board, or
from appointing the Chairs and members of the constitutional
bodies, those serving at that time shall be authorised to continue
to perform their function until the end of the next session of the
General Assembly.
2. When, for any reason beyond its control, the Governing Board is
prevented from meeting, and decisions are indispensable or
desirable, and if the Secretary General, is prevented from
consulting the President or Vice-Presidents at the time when the
session should have been held, the Secretary General shall take
such steps as may be necessary to secure a decision by
consulting the other members of the Governing Board by the
most rapid means available. In this event, the Secretary General
shall put each question in one and the same form to all the
members of the Governing Board, and in such a manner that
each question can be answered by a simple yes or no.
590 STATUTES AND REGULATIONS DOC. V

Decisions shall then be taken by a simple majority of the replies


received and shall be valid if the number of such replies attains
the quorum provided for in Article 24, paragraph 2. Such
decisions shall come into force at the expiry of a period of
twenty-one days from the date of dispatch of the last
communication.
The same procedure may be applied at any time for any
important and urgent question for which a decision of the
Governing Board is required and which cannot be postponed
until the forthcoming regular meeting of the Governing Board.
3. When circumstances no longer make it possible to obtain the
decisions mentioned in paragraph 2 of the present Article, the
Secretary General shall, in exceptional cases, and in order that
the work of the International Federation may be carried on, take
decisions on all matters that are normally within the
competence of the Governing Board. Before taking such
decisions, the Secretary General shall consult, insofar as it is
possible, the President, the Vice-Presidents and any members of
the Governing Board who remain accessible and shall keep them
informed of the action taken.
4. As soon as circumstances permit, the Secretary General shall
take steps to enable the President to convene the Governing
Board. When the Governing Board meets, the Secretary General
shall submit to it a report on all measures he/she has taken since
the last ordinary session of the Governing Board. At the same
session, the Governing Board shall consider, if the question
arises, the convocation of the General Assembly, in particular for
the purpose of holding elections.

ARTICLE 44
Dissolution
Decisions on the dissolution of the International Federation can
be taken only by the General Assembly with a quorum of sixty-five
percent and a qualified majority of seventy-five percent of the
National Societies present and voting. In this case, the net assets of
the International Federation, after settlement of the debts, will be
transferred to a body with legal capacity set up by the Governing
Board with the purpose of endowing the capital of the International
Federation if reconstituted within a year from the effective date of
its dissolution, or of distributing the assets to any body or
organisation the objects of which are as close as possible to those of
the International Federation.
CONSTITUTION OF THE FEDERATION 591

ARTICLE 45
Interpretation of Texts
Any question or disagreement concerning the interpretation or
application of the Constitution which for any reason is not settled by
the General Assembly shall be referred to the Governing Board and
then submitted again to the General Assembly for its final decision.

ARTICLE 46
Amendments to the Constitution
1. The provisions of the Constitution can be amended only by the
General Assembly with a quorum of sixty-five percent and a
qualified majority of seventy-five percent of the National
Societies present and voting.
2. Proposals to amend the Constitution may be put to the vote only
when submitted by a National Society supported by at least five
National Societies, or by the Governing Board.

ARTICLE 47
Entry into force
Subject to Article 48 this Constitution shall come into force at
the end of the 16th session of the General Assembly, 23 November
2007, at which time the former Constitution shall stand repealed.

ARTICLE 48
Transitional Provisions
1. The mandate of the Chair and members of the Finance Finance
Commission shall be prolonged by two years until the General Commission
Assembly 2011. These additional two years shall not be counted
against the maximum of two consecutive terms of office. If
however the Chair or a member resigns prior to the General
Assembly 2011 the General Assembly shall fill any such vacancy
during such time in accordance with the provisions of the
Constitution and Rules of Procedure then in force. This
appointment shall not count against the maximum term of two
consecutive terms of office.
2. Notwithstanding Article 31, the Governing Board shall appoint Compliance
at its first ordinary session after the General Assembly 2007 the and Mediation
Committee
Chair and members the Compliance and Mediation Committee
for a term of office lasting until the General Assembly 2011.
592 STATUTES AND REGULATIONS DOC. V

Election Notwithstanding Article 32, the Governing Board shall appoint


Committee at its first ordinary session after the General Assembly 2007 the
Chair and members of the Election Committee for a term of
office lasting until the General Assembly 2011.
Youth The Youth Commission set up by the General Assembly
Commission pursuant to Rule 36 of the Rules of Procedure in force prior to
the adoption of this Constitution shall be regarded as the Youth
Commission set out in Article 30 as a Constitutional Body. The
Chair and members appointed by the General Assembly 2007
shall be appointed for a term of office of four years.
The Chair of the Youth Commission at the time of the entry into
force of this Constitution shall become a Board member as set
out in Article 22.
VI

RULES OF PROCEDURE OF THE INTERNATIONAL FEDERATION


OF RED CROSS AND RED CRESCENT SOCIETIES

Revised and adopted by the VIth Session of the General Assembly,


Rio de Janeiro (Brazil), November 1987
Amended by the VIIIth Session of the General Assembly,
Budapest (Hungary), November 1991, and
by the IXth Session of the General Assembly,
Birmingham (UK), October 1993,
by the Xth Session of the General Assembly,
Geneva (Switzerland), November 1995
Revised and adopted by the 12th Session of the General Assembly,
Geneva (Switzerland), October 1999.
Revised and adopted by the 16th Session of the General Assembly,
Geneva (Switzerland), November 2007

SECTION I
General Provisions
Rule 1 Object ......................................................................................... 598
Definition ................................................................................... 598
Official name.............................................................................. 598

SECTION II
Admission and Membership of National Societies
Rule 2 Application for admission ......................................................... 598
Presentation of documents ........................................................ 599
Examination of documents ....................................................... 599
Provisional admission................................................................ 600
Final admission .......................................................................... 600
Rule 3 Compliance and Mediation Committee.................................... 600
Composition .............................................................................. 600
Preliminary review and substantiation .................................... 600
Compliance and Mediation Panel ............................................ 601
Action by the Governing Board ................................................ 602
Rule 4 Suspension and re-instatement of a National Society .............. 602
Hearing and consideration ........................................................ 602
First written warning ................................................................. 602
594 CONTENTS

Suspension ................................................................................. 602


Appeal ........................................................................................ 603
Re-instatement ........................................................................... 603
Rule 5 Expulsion and re-admission ..................................................... 603
Expulsion .................................................................................. 603
Hearing and consideration ........................................................ 603
Expulsion .................................................................................. 603
Re-admission ............................................................................. 603

SECTION III
General Assembly
Rule 6 Ordinary sessions....................................................................... 604
Place and dates of the sessions .................................................. 604
Exceptional circumstances ........................................................ 605
Rule 7 Convocation............................................................................... 605
Rule 8 Agenda and papers for the session ............................................ 605
Contents of the provisional agenda........................................... 605
Provisional agenda and observations........................................ 606
Final agenda ............................................................................... 606
Rule 9 Extraordinary sessions............................................................... 607
Rule 10 Delegations of National Societies .............................................. 607
Delegations................................................................................. 607
Accreditation.............................................................................. 607
Rule 11 Observers ................................................................................... 608
Statements by observers............................................................. 608
Access to documents.................................................................. 608
Guests ......................................................................................... 608
Rule 12 Chairmanship ............................................................................ 608
Rule 13 Opening and conduct of business ............................................. 608
Opening of session Quorum .................................................. 608
Rule 14 Depositing of texts ..................................................................... 609
Rule 15 Languages................................................................................... 609
Official languages....................................................................... 609
Working languages..................................................................... 609
Other languages ......................................................................... 609
Simultaneous interpretation and translation ............................ 610
Documents................................................................................. 610
Rule 16 Debates....................................................................................... 610
Rule 17 Proposals, motions and amendments ....................................... 610
Order .......................................................................................... 610
Point of order ............................................................................. 611
Motions to adjourn or close ...................................................... 611
Appeal ........................................................................................ 611
CONTENTS 595

Closing of the list of speakers .................................................... 611


Rule 18 Voting rights............................................................................... 611
Rule 19 Voting procedures...................................................................... 611
General rule................................................................................ 611
Roll call....................................................................................... 611
Secret ballot................................................................................ 612
Interruption of voting................................................................ 612
Voting on proposals ................................................................... 612
Voting on amendments.............................................................. 612
Priority of motion...................................................................... 612
Rule 20 Definition of majorities ............................................................. 612
Simple majority.......................................................................... 612
Absolute majority ...................................................................... 613
Rule 21 Decisions .................................................................................... 613
Rule 22 Reconsideration of decisions..................................................... 613
Rule 23 Records....................................................................................... 613
General Assembly ...................................................................... 613

SECTION IV
Elections
Rule 24 Election Committee ................................................................... 614
Appointment .............................................................................. 614
Composition .............................................................................. 614
Functions.................................................................................... 614
Code of conduct......................................................................... 615
Ways of working ........................................................................ 615
Rule 25 Fair geographical distribution ................................................... 615
Rule 26 Submission and presentation of nominations .......................... 615
Filing of nominations ................................................................ 615
Rule 27 Election of the President............................................................ 616
List of candidates ...................................................................... 616
Profile ......................................................................................... 616
Ballots......................................................................................... 617
Second ballot.............................................................................. 617
Tie............................................................................................... 617
Rule 28 Election and appointment of the Vice-Presidents..................... 617
Election ...................................................................................... 617
Profile and procedure ................................................................ 617
Geographical distribution ......................................................... 617
Rule 29 Election of National Societies members
of the Governing Board ............................................................. 618
Timing; eligibility....................................................................... 618
Geographical groups.................................................................. 618
Majority...................................................................................... 618
Rule 30 Vacancies in offices .................................................................... 619
596 CONTENTS

Vacancy in the office of the President ....................................... 619


Vacancy in the office of Vice-Presidents.................................... 619
Vacancy of Societies members of the Board ............................. 619
Vacancy in the post of the Secretary General ........................... 619
Vacancy in the chairmanship of a constitutional
or advisory body........................................................................ 619

SECTION V
Governing Board and Secretary General
Rule 31 Governing Board ....................................................................... 620
Board sessions............................................................................ 620
Convocation............................................................................... 620
Chairmanship ............................................................................ 620
Status of representatives............................................................. 620
Working languages..................................................................... 620
Conduct of Business .................................................................. 621
Board manual............................................................................. 621
Rule 32 Secretary General....................................................................... 621
Vacancy; Appointment .............................................................. 621
Ad hoc working groups ............................................................. 621
Documents................................................................................. 621
Communication of decisions..................................................... 621
Rule 33 Representation of the International Federation ........................ 622

SECTION VI
Finance Commission
Rule 34 Election ...................................................................................... 622
Vice-Chair .................................................................................. 622
Nominations .............................................................................. 622
Membersprofile ......................................................................... 623
Vacancies .................................................................................... 623
Ways of working ........................................................................ 623
Convocation............................................................................... 623
Chairmanship ............................................................................ 623
Deliberations.............................................................................. 623
Rule 35 Declaration of default ................................................................ 624

SECTION VII
Youth Commission
Rule 36 Election ...................................................................................... 624
Vice-Chair .................................................................................. 624
Nominations .............................................................................. 624
Membersprofile ......................................................................... 625
CONTENTS 597

Vacancies .................................................................................... 625


Ways of working ........................................................................ 625
Convocation............................................................................... 625
Chairmanship ............................................................................ 625
Deliberations.............................................................................. 625

SECTION VIII
Regional Conferences
Rule 37 Rules of Procedure for Regional Conferences .......................... 626

SECTION IX
Advisory Bodies
Rule 38 Definition ................................................................................... 626
Geographical distribution ......................................................... 626
Representation ........................................................................... 626
Financial implications................................................................ 626
Ways of working ........................................................................ 627

SECTION X
Financial Regulations
Rule 39 Financial regulations.................................................................. 627
Rule 40 Financial implications of recommendations by constitutional
or advisory bodies .................................................................... 627

SECTION XI
Final Provisions
Rule 41 Amendments to the Constitution.............................................. 627
Rule 42 Amendments and suspension of the Rules of Procedure ......... 628
Amendments to the Rules of Procedure.................................... 628
Suspension of the Rules of Procedure ....................................... 628
Rule 43 Contradiction between provisions ............................................ 628
Entry into force .......................................................................... 628

ANNEXES

Annex to Rule 1 para 1.3: Corporate identity 10 Basic rules ......................... 629
Annex to Rule 37: Rules of Procedure for Regional Conferences ..................... 632
VI
RULES OF PROCEDURE
OF THE INTERNATIONAL FEDERATION
OF RED CROSS AND RED CRESCENT SOCIETIES

SECTION I: GENERAL PROVISIONS

RULE 1
Object, definition, official name
Object 1.1 The general object of these Rules of Procedure (the Rules)
is to ensure the implementation of the Constitution of the
International Federation of Red Cross and Red Crescent
Societies (the Constitution).
Definition 1.2 These Rules shall regulate the work of all bodies of the
International Federation of Red Cross and Red Crescent
Societies (the International Federation), established either
by the Constitution or by a statutory body of the
International Federation.
Official name 1.3 The official name of the International Federation shall be the
International Federation of Red Cross and Red Crescent
Societies, and shall be used in all documents having legal
consequences. In letterheads and publications the International
Federation logo as described in the annex shall be used.

SECTION II: ADMISSION AND


MEMBERSHIP OF NATIONAL SOCIETIES

RULE 2
Admission
Application 2.1 National Red Cross and Red Crescent Societies wishing to join
for admission the International Federation must send their application to the
President of the International Federation (the President).
RULES OF PROCEDURE OF THE FEDERATION 599

2.2 The following documents shall be attached to the application: Presentation


of documents
a) the statutes of the applicant National Society;
b) an account of the applicant National Societys activities
during the two years preceding the application;
c) written evidence of the circumstances which brought
about the formal recognition of the applicant National
Society by the government of its country;
d) a written statement in which the applicant National
Society acknowledges having reviewed the Constitution
and agrees to respect its provisions;
e) a written statement in which the applicant National
Society commits itself to pay its financial contribution to
the International Federation in accordance with Article
35, paragraph 2 of the Constitution.
2.3 The Secretary General of the International Federation (the Examination
Secretary General) shall, after due consideration of the of documents
recommendation of the Joint ICRC / International Federation
Commission for National Society Statutes (Joint Statutes
Commission)1, examine the application as well as the
documents annexed thereto, in order to determine whether
the conditions for recognition and admission are satisfied.
If the documents annexed are in accordance with the
conditions for admission as provided for by the Constitution
and these Rules, the Secretary General shall submit a report,
together with the comments of the Joint Statutes
Commission, to the Governing Board, which shall decide
upon the provisional admission of the National Society at its
next session.
If, however, the documents annexed are not in accordance
with the conditions for admission as provided for by the
Constitution and these Rules, the Secretary General shall,
after such further consultation with the applicant National
Society as may be necessary, submit to the Governing Board
a report containing his/her comments.

1 The Joint ICRC/International Federation Commission for National Society Statutes


was set up by the ICRC and the International Federation following the agreement
between the two institutions of 1969 in order to jointly examine the applications for
recognition and admission of National Societies and to study the Statutes of National
Societies. The XXIInd International Conference of the Red Cross (Teheran, 1973, res.VI)
and the XXIVth International Conference (Manila, 1981, res. XX) have confirmed their
request to both institutions in regard of the joint examination of applications for recog-
nition and admission and the Statutes of National Societies, and in particular the role of
their Joint Commission in this respect.
600 STATUTES AND REGULATIONS DOC. VI

Provisional 2.4 Once the Governing Board has admitted a National Society
admission on a provisional basis, it shall present the application to the
General Assembly at its first session following the decision of
the Governing Board on the matter.
Final 2.5 A National Society shall become a member of the International
admission Federation as soon as the General Assembly has approved its
admission.

RULE 3
Compliance and Mediation
Compliance 3.1 The first objective of the Compliance and Mediation
and Mediation Committee (Article 31 of the Constitution) shall be to seek
Committee
resolution of any potential breaches of integrity or of any
disagreement submitted to it, as expeditiously as possible and
with full respect for due process. The Secretary General shall
support the Committee in its work, in particular by making
relevant information available.
The Committee shall meet at least once a year. It shall
otherwise agree its own working procedures, in consultation
with the Governing Board. Such procedures shall include
agreement upon the preparation and scope of the records of
its meetings. The work and reports of the Committee and its
Panels shall be kept confidential.
Composition 3.2 In conformity with Articles 31, paragraph 2 and 33, paragraph
7 of the Constitution the Chair and members of the Committee
shall be appointed by the General Assembly, in a personal
capacity, on the nomination of the Election Committee.
An individual serving in an official position of the
International Federation, whether through appointment by a
National Society or in an individual capacity, shall not be
eligible to serve as a member of the Committee.
If the Chair or a member resigns before completion of his/her
full term, the Governing Board may, on the proposal of the
Election Committee, appoint an interim Chair or member to
serve until the next session of the General Assembly.
Preliminary 3.3 On receipt from a National Society or a statutory body of the
review and International Federation of an allegation of a breach of
substantiation
integrity by a National Society or statutory body, the Chair
shall inform the National Society or statutory body against
which the allegations were made, and the President and
(where applicable) the Vice-President of the relevant
RULES OF PROCEDURE OF THE FEDERATION 601

geographical region. The Chair, together with two other


members of the Committee, shall review the information
received and determine whether the allegation is
substantiated by sufficient evidence to merit an inquiry.
If the Chair and the two other members determine that the
allegations are inadequately substantiated, no inquiry shall be
made. The Chair shall communicate this outcome, with
reasons, to the National Society or statutory body that
submitted the allegations; to the National Society or statutory
body against which the allegations were made; and to the
President and (where applicable) the Vice-President of the
relevant geographical region. The Governing Board may, on
appeal by the submitting National Society or statutory body,
or by its own decision, request the Chair to form a Panel to
conduct a neutral inquiry into the allegations.
If the Chair and the two other members determine that the
allegations are adequately substantiated, the Chair may
consult informally with the National Society or statutory
body in order to endeavour to resolve the matter.
3.4 If allegations of a breach of integrity are determined to have Compliance
been adequately substantiated but cannot be resolved and
informally, the Chair shall form a Panel composed of a Mediation
Panel
minimum of three and a maximum of five members of the
Committee to conduct a neutral inquiry into the allegations.
One of the members shall be appointed as rapporteur.
The Panel shall notify the National Society or statutory body
in writing of the details of the allegations made, and shall
request a written response.
On receipt of a written response from the National Society or
statutory body, the Panel may, if it deems necessary, collect
additional information in connection with the allegations or
request the Secretary General to provide expertise or to seek
external expertise. The scope of any such activities must stay
within the approved budget. Any new information collected
by the Panel must be provided to the National Society or
statutory body in writing, with an opportunity given to
respond.
On conclusion of its consideration of the allegations, the Panel
shall issue to the National Society or statutory body, with a
copy to the Chair, a final report including its recommendations
for the resolution of any breach of integrity that could not be
resolved during the course of the Panels work.
602 STATUTES AND REGULATIONS DOC. VI

Action by the 3.5 If the Panels recommendations require any action by the
Governing Governing Board, as outlined in Article 23, paragraph 1 (n) of
Board
the Constitution, or by the General Assembly, as outlined in
Article 17, paragraph 1 (b) of the Constitution, the Panel shall
submit a report to the Governing Board, including a
summary of its findings, measures taken to resolve the matter
and recommendations for any further action to be taken.
The President shall immediately inform the National Society
or statutory body concerned, and shall invite it for a hearing
at a closed session of the Governing Board, at which the
Governing Board shall discuss and/or decide the case.

RULE 4
Suspension and re-instatement of a National Society
Hearing and 4.1 If on receipt of a report from the panel it appears to the
consideration Governing Board that the situation of a National Society may
have fallen into one of the cases provided for in Article 12,
paragraph 2 (Suspension) or Article 13, paragraph 1
(Expulsion) of the Constitution, the Governing Board shall
send a written notice to the National Society identifying the
possible fault and requesting it to submit its response for
consideration by the Governing Board at its next session.
The National Society shall have the right to be heard at the
Governing Board, in a closed session.
First written 4.2 If the Governing Board determines, after due consideration
warning of the National Societys response, that the National Society
has fallen into one of the cases provided for in Article 12,
paragraph 2 or Article 13 paragraph 1 of the Constitution, the
Governing Board may issue a written warning to the National
Society.
Suspension 4.3 If the Governing Board, at its next session following issuance
of a written warning, determines that the National Society
has not resolved the issue, it may - once having allowed the
National Society a second opportunity to be heard, and after
due consideration of the matter in closed session - suspend
the membership of the National Society, and/or recommend
to the General Assembly the expulsion of the National
Society.
Any decision to suspend the membership or recommend the
expulsion of a National Society must be supported by a report
of the Governing Board, including all information and copies
RULES OF PROCEDURE OF THE FEDERATION 603

of all documentation considered by the Governing Board in


reaching its decision.
4.4 A National Society may appeal against the decision in favour Appeal
of its suspension to the General Assembly. The suspension
shall remain valid, however, unless and until overturned by
the General Assembly. On receipt of an appeal from a
National Society, the General Assembly shall review in closed
session the Governing Boards report, together with any
additional information presented to it by the National
Society, and shall give the National Society an opportunity to
be heard.
4.5 The Governing Board may re-instate the National Society after: Re-instatement
determining that the National Society has resolved the
issue for which its membership was suspended,
assessing that these difficulties are unlikely to be repeated
in the foreseeable future, and
receiving from the National Society an assurance that
these difficulties will not be repeated.

RULE 5
Expulsion and re-admission
5.1 The Governing Board may recommend to the General Expulsion
Assembly the expulsion of a National Society only after
having taken all the steps set out in Rule 4.13. Such
recommendation shall be made by submission of a report
including all information and copies of all documentation on
which the recommendation is based, and detailing the steps
taken to date.
5.2 On receipt from the Governing Board of a recommendation for Hearing and
the expulsion of a National Society by the General Assembly, consideration
the Secretary General shall send a written notice to that
National Society of the recommendation and its justification,
inviting the National Society to submit its response for
consideration by the General Assembly at its next session.
5.3 After due consideration of the matter in closed session, and Expulsion
after allowing the National Society an opportunity to be
heard at the General Assembly, the General Assembly may
expel the National Society.
5.4 In conformity with Article 13, paragraph 5 of the Re-admission
Constitution, the National Society expelled may apply for re-
604 STATUTES AND REGULATIONS DOC. VI

admission. The General Assembly may admit the National


Society, following the procedure laid down in Article 7 of the
Constitution, after:
determining that the National Society has resolved the
issue for which its membership was terminated,
assessing that these difficulties are unlikely to be repeated
in the foreseeable future, and
receiving from the National Society an assurance that
these difficulties will not be repeated.

SECTION III: GENERAL ASSEMBLY

RULE 6
Ordinary sessions
Place and 6.1 The opening date and the duration of all sessions of the
date of General Assembly shall be fixed by the Governing Board if
sessions
the General Assembly has not itself already decided on these
matters. The General Assembly shall meet in ordinary session
once every two years, as close as possible to the twenty-fourth
month since the previous ordinary session.
6.2 If, as an exception to Article 18, paragraph 1 of the
Constitution, an invitation is received from a National
Society for the General Assembly to meet elsewhere than at
the headquarters of the International Federation the decision
to accept the invitation shall be made by the General
Assembly if it is in session.
6.3 Such an invitation may only be accepted by the General
Assembly subject to the provision by the inviting National
Society to the Secretary General of the following assurances
in writing:
a) an assurance from its government that all National
Societies will be allowed to send delegations to take part
in the session;
b) an assurance that all practical arrangements for an
effective General Assembly can be fulfilled;
c) an assurance that all additional costs over and above those
normally incurred by sessions held at the headquarters of
the International Federation will be met.
RULES OF PROCEDURE OF THE FEDERATION 605

6.4 In the application of Article 18, paragraph 3 of the Exceptional


Constitution the following circumstances shall, in particular, circumstances
be regarded as exceptional:
a) if a session of the General Assembly cannot be arranged
by the inviting National Society because it is no longer
able to assure the right of all National Societies to attend
the session;
b) if the country to which the inviting National Society
belongs becomes involved in a conflict of whatever kind,
including internal disorders, on a scale or of such a nature
as would render the holding of the session impossible or
inappropriate;
c) if the country of the inviting National Society is affected
by a natural disaster on a scale or of such a nature as would
render the holding of the session impossible or
inappropriate;
d) if the inviting National Society is suddenly confronted
with financial difficulties.
Before decisions are taken in compliance with Article 18,
paragraph 3 of the Constitution, the inviting National Society
will be given an opportunity to request a meeting with the
Governing Board.

RULE 7
Convocation
The General Assembly shall be convoked by the President at the
place and on the date determined in accordance with Rule 6.At least
five months before the opening of the session the Secretary General
shall dispatch to all National Societies, by registered mail or by any
other means that provide evidence of transmission, the notice of
convocation, the provisional agenda drawn up by the Governing
Board and relevant practical information.

RULE 8
Agenda and papers for the session
8.1 The provisional agenda for an ordinary session shall among Contents
other items comprise: of the
provisional
Roll call agenda
Adoption of the agenda
Admission, suspension, expulsion or re-admission of
National Societies
606 STATUTES AND REGULATIONS DOC. VI

Appointment of the drafting committee


Approval of the records of the preceding session
Statement by the President
Report by the Secretary General
Report by the Governing Board
Reports by the Finance Commission, Youth Commission,
Compliance and Mediation Committee and Election
Committee
Financial reports by the Secretary General for the
preceding two financial years
Budgetary proposals by the Secretary General for the
ensuing two financial years
Reports by advisory bodies established by the Assembly
Items decided by the General Assembly at a previous session
Items proposed by the Governing Board
Elections and appointments.
Provisional 8.2 A first draft of the provisional agenda shall be sent out to all
agenda and National Societies for informal consultation, giving sufficient
observations
notice for any National Society to present observations,
amendments or additions to this provisional agenda. These
must reach the Secretary General at least twenty days before the
penultimate ordinary session of the Governing Board preceding
the General Assembly. The Governing Board shall examine
these observations, amendments or additions at its penultimate
ordinary session and decide on the provisional agenda to be
submitted with the convocation, together with a request for
further comments to reach the Secretary General no later than
twenty days before the ordinary session of the Governing Board
immediately preceding the General Assembly.At that session the
final draft agenda will be established for adoption at the first
meeting of the General Assembly.
8.3 The Secretary General shall be responsible for the preparation
of the documents, or for collecting them from National
Societies or other appropriate bodies, as the case may be. All
available documents shall be dispatched forty days before the
opening of the session.A second despatch may be arranged not
later than fourteen days after the last ordinary Governing
Board meeting preceding the General Assembly.
Final agenda 8.4 The final agenda shall be adopted by decision of the General
Assembly. Only items which the General Assembly considers
to be urgent and important may be added to the agenda
during the session.
RULES OF PROCEDURE OF THE FEDERATION 607

RULE 9
Extraordinary sessions
Rules 7 and 8 shall also be applied, with due alteration of Extra-
details, to extraordinary sessions of the General Assembly, ordinary
with the following modifications: sessions
a) if the General Assembly is convoked in accordance with
Article 18, paragraph 5 of the Constitution, the President
shall fix the place and date;
b) if the session is convoked on the initiative of National
Societies, the date and place shall be fixed by the President
in consultation with the Secretary General, and shall be
held between the twenty-first and the fortieth day
following the receipt at the headquarters of the
International Federation of the request for convocation;
c) the provisional agenda shall be dispatched to National
Societies without delay.

RULE 10
Delegations of National Societies
10.1 Each National Society shall be represented by a delegation of Delegations
not more than five persons.
The names of the members of each delegation and the
appointment of one of them as chief of delegation shall be
communicated to the Secretary General at least fifteen days
before the opening of the session. If a National Society
changes the composition of its delegation during a session of
the General Assembly, it shall notify the Secretary General
immediately.
10.2 In cases of serious doubt the Secretary General may ask Accreditation
individuals registered as delegates to provide evidence of
their legitimacy to represent their National Society. Should
such evidence not be considered satisfactory those
individuals may be denied access to the General Assembly by
its Chair.
10.3 No member of a National Society delegation to the General
Assembly acting as chair of a session or of a meeting of the
General Assembly may represent his/her National Society.
10.4 The alphabetical order of National Societies shall be the
alphabetical order of the French names of the countries to
which they belong.
608 STATUTES AND REGULATIONS DOC. VI

RULE 11
Observers
Observers 11.1 In accordance with Article 41 of the Constitution, the
observers to be invited to participate in the ordinary sessions
of the General Assembly are, among others:
a) the International Committee of the Red Cross;
b) other international organisations;
c) governmental or non-governmental organisations;
d) National Societies pending recognition and admission, on
condition that they are conducting their activities in
conformity with the Fundamental Principles.
Statements 11.2 At the invitation of the Chair of a session of the General
by observers Assembly, observers may make statements on matters of
special interest to their organisations.
Access to 11.3 Observers shall have access to such documents of the General
documents Assembly as the Secretary General considers appropriate.
Observers may submit documents to the Secretary General,
who shall determine in what form and to what extent these
may be distributed during the session.
Guests 11.4 The President may, with the agreement of the Governing
Board, issue invitations to guests for an ordinary session or
part of an ordinary session of the General Assembly.

RULE 12
Chairmanship
12.1 The General Assembly shall be chaired by the President of the
International Federation.
12.2 The President may delegate the chairmanship of a meeting or
a session of the General Assembly to a Vice-President.

RULE 13
Opening and conduct of business
Opening of 13.1 The Chair may declare open a session of the General Assembly
session and allow deliberations to proceed only when there is a quorum
Quorum
present in accordance with Article 19 of the Constitution.
13.2 The Chair shall preside over all debates. In addition to the
powers conferred upon him/her elsewhere in these Rules,
he/she shall declare the opening and closing of each plenary
RULES OF PROCEDURE OF THE FEDERATION 609

meeting of the session, ensure observance of these Rules, put


questions and issues to the vote and announce the results.

RULE 14
Depositing of texts
14.1 Proposals for draft decisions to be submitted to the General
Assembly shall be deposited with the Secretary General
before each meeting in sufficient time for translation, printing
and distribution.
14.2 As a general rule, proposals and amendments may only be
discussed and voted upon when the delegates have been in a
position to take note of their exact text. A proposal submitted
during the course of a meeting may only be discussed at that
meeting with the permission of the General Assembly.
14.3 As a general rule, reports submitted to the General Assembly
in writing shall not be read out.

RULE 15
Languages
15.1 The six official languages of the General Assembly shall be Official
Arabic, Chinese, English, French, Russian and Spanish. These languages
six languages may be used in debates without the prior
permission of the Chair. Any delegate using one of the official
languages which is not at the same time a working language
(i.e. Chinese or Russian) shall provide for its interpretation
into one of the working languages.
15.2 The working languages of the General Assembly shall be Working
those in which simultaneous interpretation is provided and languages
shall be the only languages in which documents relating
exclusively to items on the agenda will be prepared. The
working languages of the General Assembly shall be Arabic,
English, French and Spanish.
15.3 Any delegate wishing to speak in a language which is not a Other
working language shall provide for its interpretation into one languages
of the working languages. If the language in which he/she
wishes to speak is not an official language, he/she shall obtain
the permission of the Chair to use it.
15.4 If the National Society hosting the Assembly wishes to have
any other language recognised as a working language it shall
cover all costs involved.
610 STATUTES AND REGULATIONS DOC. VI

Simultaneous 15.5 Simultaneous interpretation and translation into the working


interpretation languages shall be the responsibility of the Secretariat if the
and
translation session takes place in Geneva. If the session takes place else-
where on the invitation of a National Society, the host
National Society shall have that responsibility in accordance
with Rule 6.3.
Documents 15.6 All documents shall be submitted to the General Assembly in
one of the working languages.

RULE 16
Debates
16.1 A representative of a National Society may only take the floor
after having obtained the permission of the Chair.
16.2 National Societies shall be called upon in the order in which
they have signified their interest to speak. Priority shall be
given to the chair or rapporteur of a constitutional or
advisory body, or to the delegate responsible for the
respective report, proposal or amendment under discussion.
16.3 Expressions of congratulations and/or thanks may be given
in the form of a single vote of thanks. Speakers shall limit
their intervention to the subject under discussion.
16.4 The Chair may call a speaker to order if his/her remarks are
not relevant to the subject under discussion or not compatible
with the Fundamental Principles. If necessary, the Chair may
withdraw permission to speak.
16.5 The duration of any one intervention by a delegation on the
same item shall not exceed ten minutes, but may be extended
or shortened on the proposal of the Chair or of one of the
delegations and by decision of the General Assembly.
16.6 The Secretary General or his/her representative shall have the
right to request the floor at any time to make statements in the
General Assembly on any matter under discussion.

RULE 17
Proposals, motions and amendments
Order 17.1 Proposals, motions and amendments shall be discussed in the
order in which they are presented, unless the Chair decides
otherwise.
RULES OF PROCEDURE OF THE FEDERATION 611

17.2 If, during a discussion, a delegation raises a point of order the Point of order
discussion shall be suspended and the point of order
immediately decided by the Chair. A delegate raising a point
of order may not speak on the substance of the matter under
discussion.
17.3 Motions to adjourn or to close the debate shall have priority Motions to
over all other motions. Unless the Chair decides otherwise, adjourn or
close
only one delegate may speak for, and one against (a) a motion
to adjourn or to close a debate or (b) a point of order.
17.4 Discussion upon each question shall be closed when there are
no further speakers or when a motion of closure proposed by
a delegation and supported by four other delegations has
been adopted by the General Assembly.
17.5 A delegation may appeal against the ruling of the Chair. The Appeal
appeal shall immediately be put to the vote, and the Chairs
ruling shall stand unless over-ruled by a simple majority of
the National Societies present and voting.
17.6 During the course of a debate, the Chair may announce the Closing of
list of speakers and, with the consent of the General Assembly, the list of
speakers
declare the list closed. He/she may, however, accord the right
of reply to any member concerned by a previous intervention.

RULE 18
Voting rights
18.1 The chief of delegation of each National Society, or his/her
substitute, shall exercise the vote of that National Society.
18.2 No National Society may vote on behalf of another National
Society.
18.3 The Chair of the General Assembly shall have no vote in the
General Assembly.
18.4 Observers and guests shall not have the right to vote.

RULE 19
Voting procedures
19.1 As a general rule, votes shall be taken by a show of hands. General rule
19.2 The vote shall be taken by roll call if five delegations so Roll call
request. In this event, the delegations shall be called in
612 STATUTES AND REGULATIONS DOC. VI

alphabetical order. The name of the National Society which


shall vote first shall be chosen by the drawing of lots.
Secret ballot 19.3 The vote shall be taken by secret ballot if a simple majority of the
National Societies present and voting so decides. In this event,
the Secretary General shall have ballot papers distributed. Before
the vote, the Chair shall appoint, from among the delegates of
National Societies present, two tellers who, with the assistance of
the Secretary General or his/her representative, and after all the
ballots have been collected, shall proceed to a count of the votes.
Interruption 19.4 After the Chair has announced the beginning of voting, no
of voting delegate shall interrupt the voting except on a point of order
in connection with the actual conduct of the voting.
Voting on 19.5 If two or more proposals relate to the same question, the
proposals General Assembly shall, unless it decides otherwise, vote on
the proposals in the order in which they have been submitted.
The General Assembly may, after each vote on a proposal,
decide whether to vote on the next proposal.
Voting on 19.6 When an amendment is moved to a proposal, the amendment
amendments shall be voted on first. When two or more amendments are
moved to a proposal, the General Assembly shall first vote on the
amendment furthest removed in substance from the original
proposal and then on the amendment next furthest removed
therefrom, and so on until all the amendments have been put to
the vote. Where, however, the adoption of one amendment
necessarily implies the rejection of another amendment, the
latter amendment shall not be put to the vote. If one or more
amendments are adopted, the amended proposal shall then be
voted upon.A motion is considered an amendment to a proposal
if it merely adds to, deletes from or revises part of the proposal.
Priority of 19.7 Subject to Rule 17, the following motions shall have precedence,
motion in the order set out below, over all other proposals or motions:
a) to suspend the meeting;
b) to adjourn the meeting;
c) to adjourn the debate on the item under discussion;
d) to close the debate on the item under discussion.

RULE 20
Definition of majorities
Simple 20.1 A simple majority consists of any majority obtaining the
majority largest number of votes of members present and voting.
RULES OF PROCEDURE OF THE FEDERATION 613

20.2 An absolute majority consists of more than fifty per cent of Absolute
National Societies present and voting. majority

RULE 21
Decisions
21.1 Decisions shall be taken in accordance with Article 20 of the
Constitution and the results of all votes shall be announced
by the Chair and indicated in the records. Amendments to
proposals relating to matters for which a qualified majority
has been provided require the same majority as the one
required for the adoption of the original proposals.
21.2 Decisions for consideration by the General Assembly shall be
put in writing in all working languages by a drafting committee
appointed by the General Assembly for that purpose.

RULE 22
Reconsideration of decisions
Permission to speak to a motion to reconsider shall be
accorded only to the proposer of the said motion and to two
speakers opposed to such a motion when supported by five
delegations. Thereafter the motion shall be put to the vote
after any reply from its proposer.

RULE 23
Records
23.1 The Secretary General shall retain the recorded tapes of the General
meetings of the General Assembly. The record of the session Assembly
shall include a summary of the discussions of the General
Assembly, the text of the decisions taken by the General
Assembly and the list of delegates. The record of the session
shall also include the reports from the constitutional and
advisory bodies, as annexes.
23.2 The record of the session shall be distributed to National
Societies within six months following the close of the session
of the General Assembly.
614 STATUTES AND REGULATIONS DOC. VI

SECTION IV: ELECTIONS

RULE 24
Election Committee
Appointment 24.1 In accordance with Articles 28 and 32 of the Constitution, an
Election Committee shall be appointed by the General
Assembly, on the proposal of the Governing Board.
Composition 24.2 The Committee shall consist of one member of each of four
geographical regions (Africa, the Americas,Asia, Europe) and
a Chair. When a member vacates office before completion of
his/her full term for any reason (including possible conflict of
interest) the Governing Board may appoint an interim
member to hold office until the next session of the General
Assembly.
Functions 24.3 The Committees tasks are set out in Article 32, paragraph 2 of
the Constitution. When carrying out these tasks the
Committee shall:
(i) ensure that, by means of the development of campaign-
ing standards, equal opportunities for consideration of all
candidates are guaranteed;
(ii) draw up objective criteria, such as education and profes-
sional Red Cross and Red Crescent experience for the differ-
ent posts approved by the Governing Board.
(iii) receive all applications for the posts of President, Vice-
Presidents and members of the Governing Board (individuals
and National Societies), and inform the National Societies
about the process.
(iv) establish an election timetable and receive all the appli-
cations of candidates for the Finance Commission, Youth
Commission and Compliance and Mediation Committee,
and submit a list of candidates for appointment by the
General Assembly.
(v) ensure that members proposed for constitutional bodies
reflect the agreed criteria as set out in the Rules of Procedure
and that the principles regarding a fair geographical distribu-
tion and gender are followed;
(vi) arrange secret ballots for the election of the President, of
the National Societies entitled to appoint a Vice-President,
and of the National Societies seeking to be members of the
Governing Board. The Committee shall be provided with a
special location where each delegation may record its vote by
RULES OF PROCEDURE OF THE FEDERATION 615

secret ballot while the General Assembly continues its delib-


erations. No member of the Committee may be a candidate in
these elections.
24.4 Each member of the Committee shall sign a code of conduct Code of
regarding possible conflicts of interest, to be agreed by the conduct
Governing Board.
24.5 The Committee shall meet at least once a year. It shall Ways of
otherwise agree its own working procedures, in consultation working
with the Governing Board. Such procedures shall include
agreement upon the preparation and scope of the records of
its meetings.

RULE 25
Fair geographical distribution
25.1 Before the elections referred to in Rule 24.3 (iv) the Secretary
General, in consultation with the Governing Board and with
the National Societies concerned, shall group those National
Societies into the four geographical regions listed in Rule 24.2.
25.2 The General Assembly shall elect from each geographical
region one National Society to appoint a Vice-President and
five National Societies members of the Governing Board.

RULE 26
Submission and presentation of nominations
26.1 Nominations of persons for election to the office of President, Filing of
of National Societies for the purpose of appointing Vice- nominations
Presidents, and of National Societies members of the
Governing Board, may be made by the National Societies, and
shall be submitted in writing to the Secretary General not
later than sixty days before the opening meeting of the session
of the Assembly at which the elections are to take place.
The nomination of a President shall be accompanied by a CV
in a format provided by the Election Committee and shall
include a short statement in support of his/her candidature.
The Secretary General shall publish these nominations,
including the CV and the statement, by appropriate means
(including electronically) in all four working languages, as
soon as possible after reception but not later than fifty days
before the opening of the General Assembly.
616 STATUTES AND REGULATIONS DOC. VI

26.2 A National Society that accepts its nomination as a Society to


appoint a Vice-President shall communicate to the Election
Committee the name of the person it intends to appoint to the
post. This communication shall be accompanied by a CV and
a statement from that person. The Secretary General shall
publish the CV and statement by appropriate means
(including electronically) in all four working languages, at
least fifty days before the election.
Nominations for more than one position may be submitted
simultaneously, on the understanding that once an individual
has been elected to any one position all other nominations
shall be withdrawn.
26.3 These nominations shall be given to the Chair of the Election
Committee. Before submitting nominations National
Societies shall first satisfy themselves that the candidates they
propose are willing to serve.
26.4 Between the first and the second plenary meeting of the
General Assembly the Election Committee shall present to
the chiefs of delegation all the nominations received.
Nominations other than those for the office of President shall
be arranged in four separate lists according to the four
geographical regions listed in Rule 24.2. Until the closure of
the second plenary meeting each chief of delegation may
present in writing to the Chair of the Election Committee
additional nominations, or withdraw his/her National
Societys candidatures. The list of nominations shall then be
closed and may not be opened again, in order that no
unsuccessful candidate may then nominate him/herself for
any subsequent election.

RULE 27
Election of the President
27.1 The election of the President shall be held by secret ballot and
in accordance with the provisions stipulated in Article 33,
paragraph 3 of the Constitution.
List of 27.2 At the third plenary meeting the final list of candidates for the
candidates office of President shall be issued by the Election Committee.
Profile 27.3 Eligible candidates for the office of President shall have held
similar senior office, and have a sufficient command of at least
one of the working languages of the International Federation.
RULES OF PROCEDURE OF THE FEDERATION 617

Further details of the desired profile shall be agreed by the


Election Committee, for approval by the Governing Board
before candidates are invited to stand.
27.4 Ballots bearing the names of all candidates for the office of Ballots
President shall then be issued and the election process for the
President shall take place.
27.5 If no candidate for the office of the President obtains an Second ballot
absolute majority on the first ballot, a second ballot shall be
held, and the candidate who has obtained the smallest
number of votes shall be deleted from the list.
27.6 If there is a tie between candidates having obtained the Tie
smallest number of votes, both their names shall be deleted
from the ballot.
27.7 If, on the second ballot, no candidate obtains an absolute
majority, successive ballots shall be held in the same
circumstances as those stipulated above until one candidate
obtains the absolute majority required.

RULE 28
Election and appointment of the Vice-Presidents
28.1 The election of National Societies entitled to appoint a Vice- Election
President shall be by secret ballot and held after that of the
President.
28.2 The National Society of which the newly elected President is Profile and
a member shall not be eligible in this respect, and its name procedure
may not be included in the list of candidate Societies.
Eligible candidates for the office of Vice-President shall have
held similar senior office, and have a sufficient command of at
least one of the working languages of the International
Federation. Further details of the profile shall be established by
the Election Committee for approval by the Governing Board.
28.3 Any candidate not elected to the post of President may be
subject to appointment by his/her National Society to the
office of Vice-President, provided that the candidature and
nomination have been put forward at the appropriate time as
stipulated in Rule 26.2.
28.4 A single ballot containing the names of all the candidates Geographical
arranged in four lists in accordance with the four distribution
geographical regions listed in Rule 24.2 shall be put before
618 STATUTES AND REGULATIONS DOC. VI

each chief of delegation present at the meeting. Each National


Society may exercise its vote in respect of any candidate
listed, but may not vote for more than one candidate within
each list. Any ballot in which a National Society has voted for
more than one candidate from any one of the lists shall be
invalid.
28.5 The candidate receiving the greatest number of votes in each
list will be elected and appointed. If there is a tie in the voting,
subsequent rounds will be held until one candidate receives a
majority. The election by the General Assembly of those
National Societies that have nominated a candidate for the
post of Vice-President shall automatically and exclusively
involve the appointment of the Vice-Presidents named as
candidates by those Societies.

RULE 29
Election of National Societies members of
the Governing Board
Timing; 29.1 Proposed candidatures of National Societies members of the
eligibility Governing Board shall be considered once the elections of the
President and the Vice-Presidents have been completed. The
elections of National Societies members of the Governing
Board shall be held by secret ballot.
The National Societies of the newly elected President and
Vice-Presidents shall not be eligible for membership of the
Governing Board, in accordance with Article 33, paragraph 5
of the Constitution.
Geographical 29.2 A single ballot containing the names of all candidates
groups arranged in four lists according to the four geographical
regions listed in Rule 24.2 shall be given to each chief of
delegation present at the meeting. Each National Society may
exercise its vote in respect of any Society listed, but shall not
vote for more than five Societies within each geographical
region. Any ballot in which a National Society has voted for
more than five Societies in any one list shall be invalid.
Majority 29.3 The National Societies receiving the greatest number of votes
in each geographical region shall be elected. If there is a tie in
the voting within any one list, a second or subsequent ballot
will be held, but only in respect of the vacancies remaining
within any one geographical region between the tied National
Societies.
RULES OF PROCEDURE OF THE FEDERATION 619

RULE 30
Vacancies in offices
30.1 The case of a vacancy in the office of the President is Vacancy in
addressed in Article 25, paragraph 5 of the Constitution. the office of
the President
30.2 In the event of incapacity or of a vacancy in the office of Vice- Vacancy in
Presidents the National Society concerned shall, after the office of
Vice-
consultation with the Election Committee in order to verify Presidents
that the relevant criteria are met, appoint another Vice-
President to fill the post until the end of the scheduled term of
office.
30.3 In the event of vacancies occurring amongst the National Vacancy of
Societies members of the Governing Board, the General Societies
members of
Assembly at its next session shall hold elections to fill such the Board
vacancies, taking into account Rule 25. The term of office of
the National Societies so elected shall expire at the close of the
ensuing session of the General Assembly at which elections
are to be held.
30.4 In the event of a vacancy occurring in the post of the Vacancy in
Secretary General, the Governing Board shall at its next the post of
the Secretary
session make an appointment as Acting Secretary General General
until a new appointment has taken place in accordance with
Rule 32.1. Until the appointment of an Acting Secretary
General by the Governing Board, the Deputy Secretary
General shall exercise the functions of the Secretary General.
In the event of a vacancy in the post of the Deputy Secretary
General, the President shall appoint an interim Deputy
Secretary General from among the Under Secretaries
General/Directors.
30.5 In the event of a vacancy occurring in the office of the chair Vacancy in the
of a constitutional or advisory body, the vice-chair of the chairmanship
body concerned shall take his/her place on the Governing of a
constitutional
Board (where applicable) until the General Assembly or or advisory
Governing Board, as the case may be, holds an election to fill body
the vacancy at its next session.
620 STATUTES AND REGULATIONS DOC. VI

SECTION V:
GOVERNING BOARD AND SECRETARY GENERAL

RULE 31
Governing Board
Board 31.1 The sessions of the Governing Board shall normally be held at
sessions the headquarters of the International Federation, or elsewhere
when so decided by the Governing Board, or through the use
of telecommunications, on condition that these allow the full
participation of all Governing Board members.
Convocation 31.2 The Governing Board shall be convoked by the President. The
summons shall indicate the place, the opening date and the
duration of the session.
Chairmanship 31.3 The President of the International Federation, or one of the
Vice-Presidents when so asked by the President, shall preside
over the sessions of the Governing Board and shall ensure the
observance of these Rules.
31.4 A provisional agenda drawn up by the Secretary General in
agreement with the President shall be dispatched to the
members of the Governing Board. The agenda shall be
accompanied by all relevant documents. They shall be sent by
post or e-mail, according to the preference of each Governing
Board member, in time to be received at least fifteen days in
advance of the meeting, and shall also be made available by
appropriate electronic means.
Status of 31.5 Representatives of National Societies members of the
representatives Governing Board shall act as members of a collective body of
the International Federation, and shall be influenced in their
decisions only by the interests of the International Federation
when the Governing Board carries out the responsibilities
assigned to it by the Constitution and by the General Assembly.
Working 31.6 The working languages of the Board shall be Arabic, English,
languages French and Spanish.
31.7 Interventions made in any one of the four working languages
shall be translated into the three other languages.
31.8 Any member wishing to speak in a language other than any of
the four working languages shall obtain the permission of the
President and shall provide for interpretation into one of the
four working languages.
RULES OF PROCEDURE OF THE FEDERATION 621

31.9 Rules 12 to 23 shall, with due alteration of details and except Conduct of
as otherwise provided, be applied to the conduct of business Business
of the Governing Board, with the modification that the
records of the Governing Board shall be presented to
National Societies within three months after the close of the
session.
The Governing Board shall establish a manual for its conduct. Board
manual

RULE 32
Secretary General
32.1 When a vacancy arises in the post of Secretary General, the Vacancy;
Governing Board shall establish a selection committee from Appointment
amongst its members, to draw up a shortlist of candidates
ranked in accordance with any applicable conditions set by
the General Assembly. The selection committee may enlist
external assistance in the selection process. The Governing
Board may select one candidate from the shortlist for
appointment. The decision shall be taken in closed session.
32.2 In accordance with Article 27, paragraph 1 of the
Constitution the Governing Board shall prepare a draft of the
general conditions applicable to the post of the Secretary
General, together with a contract drawn up in accordance
with the relevant provisions of these Rules, any applicable
provisions set by the General Assembly and the labour law
governing the International Federation.
32.3 The Secretary General may, in carrying out his/her functions, Ad hoc
establish temporary or ad hoc working groups of experts, working groups
provided that the necessary funds are available.
32.4 The Secretary General shall arrange for the receipt, Documents
translation into the working languages of the General
Assembly and circulation of documents, reports, decisions
and recommendations of the Assembly, the Governing Board
and their constitutional and advisory bodies, and for the
preparation of the records of their meetings.
32.5 The Secretary General shall ensure that decisions and Communi-
recommendations adopted by the General Assembly and the cation of
decisions
Governing Board are communicated to the members of the
Governing Board within fifteen days and to National
Societies within thirty days following the end of their
respective sessions.
622 STATUTES AND REGULATIONS DOC. VI

RULE 33
Representation of the International Federation
Represen- 33.1 In compliance with Articles 25, paragraph 2 (e) and 27
tation of the paragraph 2 (f) of the Constitution, representatives of
International National Societies charged with representing the
Federation
International Federation at conferences and meetings, other
than those convened by the bodies of the International
Federation, shall act in conformity with the official views
expressed by the General Assembly, the Governing Board, the
President or the Secretary General.
The same applies to officials of the Secretariat who attend
meetings as representatives of the International Federation.
33.2 The President or the Secretary General shall ensure that all
such representatives of the International Federation are given
the appropriate briefings and instructions.

SECTION VI: FINANCE COMMISSION

RULE 34
Election
Election 34.1 In conformity with Articles 29, paragraph 1 and 33, paragraph
7 of the Constitution, the Chair and members of the Finance
Commission shall be appointed by the General Assembly on
presentation of candidates by the Election Committee.
Vice-Chair 34.2 The Commission shall elect a Vice-Chair from amongst its
members.
Nominations 34.3 Nominations for membership of the Commission, when
vacancies arise, may be put forward by National Societies and
sent to the Secretary General for dispatch to the Election
Committee. They should reach the Committee at least sixty
days before the session of the last ordinary meeting of the
Governing Board before the session of the General Assembly
at which the appointment of the Finance Commission is to
take place.
On the basis of the proposals received the Election
Committee, following consultation with the Chair of the
Finance Commission, shall draw up a list of proposed
RULES OF PROCEDURE OF THE FEDERATION 623

candidates for submission to the Governing Board for its


consideration at its last meeting before the next session of the
General Assembly. The Election Committee shall present its
recommendations to the General Assembly, including a
recommendation for the appointment of the Chair.
34.4 Candidates for membership of the Finance Commission Members
must be able to demonstrate at least ten years of relevant profile
senior professional experience in the management of finance
and/or risk management, with a record of service with a
National Society and with the ability to work effectively in
one of the four working languages of the International
Federation.
34.5 Without prejudice to Rule 30.5, in the event of a vacancy Vacancies
occurring amongst the membership of the Finance
Commission the General Assembly shall at its next session,
upon the recommendation of the Election Committee,
appoint new members in order to fill such vacancy, taking
into account Rule 25. The term of office of the member so
elected shall expire at the close of the ensuing session of the
General Assembly at which elections are to be held.
34.6 The Commission shall meet at least twice a year prior to the Ways of
ordinary sessions of the Governing Board. It shall otherwise working
agree its own working procedures, in consultation with the
Governing Board. Such procedures shall include agreement
upon the preparation and scope of the records of its meetings.
34.7 The Commission shall be convoked by its Chair. The Convocation
convocation shall indicate the place, the opening date and
time and the duration of the session.
A provisional agenda drawn up by the Chair shall be
dispatched to the members. The agenda shall be
accompanied by the relevant documents prepared by the
Secretary General. They shall be sent to recipients in time to
be received at least fifteen days in advance of the meeting.
34.8 The Chair shall preside over the session, shall ensure the Chairmanship
observance of these Rules, and shall prepare a report on the
work of the Commission for submission to the Governing
Board and the General Assembly.
34.9 The decisions of the Commission shall be valid when a Deliberations
quorum of at least half of its members is present, and shall be
taken by a simple majority of the members present and
voting. In the event of a tie the Chair shall have a casting vote.
624 STATUTES AND REGULATIONS DOC. VI

RULE 35
Declaration of default
Pursuant to Articles 11 and 35 of the Constitution a National
Society is considered to be technically in default when the
amounts overdue exceed the current years assessed contribu-
tion plus the two preceding years assessed contributions.
If in such circumstances the current years contribution has
not been received before the April meeting of the Finance
Commission the Commission shall send a letter of warning to
the National Society, requesting immediate payment or an
explanation for the non-payment. If the matter has still not
been resolved before the October meeting of the Governing
Board the Commission shall bring the matter to that meeting,
including a recommendation as to whether the National
Society concerned should be declared in default and
specifying the consequences set out in Article 35, paragraphs
6 and 7 of the Constitution.

SECTION VII: YOUTH COMMISSION

RULE 36
Election 36.1 In conformity with Articles 30, paragraph 1 and 33, para-
graph 7 of the Constitution, the Chair and members of the
Youth Commission shall be appointed by the General
Assembly on the recommendation of the Election Committee.
There shall be two members per geographical region.
Vice-Chair 36.2 The Commission shall elect a Vice-Chair from amongst its
members.
Nominations 36.3 Nominations for membership of the Commission, when
vacancies arise, may be put forward by National Societies and
sent to the Election Committee. They should reach the
Committee at least sixty days before the session of the last
ordinary meeting of the Governing Board before the session
of the General Assembly at which the appointment of the
Youth Commission is to take place.
On the basis of the proposals received the Election
Committee, following consultation with the Chair of the
RULES OF PROCEDURE OF THE FEDERATION 625

Youth Commission, shall draw up a list of proposed


candidates for submission to the Governing Board for its
consideration at its last meeting before the next session of the
General Assembly. The Election Committee shall present its
recommendations to the General Assembly, including a
recommendation for appointment as Chair.
36.4 Candidates for membership of the Youth Commission must Members
be over eighteen, and must not have reached the age of thirty- profile
one upon appointment. They must have experience of
governance and/or of the development of youth in their
National Society, and be able to work effectively in one of the
four working languages of the International Federation.
36.5 Without prejudice to Rule 30.5, in the event of a vacancy Vacancies
occurring among the members of the Youth Commission, the
General Assembly shall at its next session, upon the
recommendation of the Election Committee, appoint new
members in order to fill such vacancy, taking into account
Rule 25. The term of office of the member so elected shall
expire at the close of the ensuing session of the General
Assembly at which elections are to be held.
36.6 The Commission shall meet at least twice a year prior to the Ways of
ordinary sessions of the Governing Board. It shall otherwise working
agree its own working procedures, in consultation with the
Governing Board. Such procedures shall include agreement
upon the preparation and scope of the records of its meetings.
36.7 The Commission shall be convoked by its Chair. The Convocation
summons shall indicate the place, the opening date and the
duration of the session.
A provisional agenda drawn up by the Chair shall be
dispatched to the members. The agenda shall be
accompanied by the relevant documents prepared by the
Secretary General. They shall be sent to recipients in time to
be received at least fifteen days in advance of the meeting.
36.8 The Chair shall preside over the session, shall ensure the Chairmanship
observance of these Rules and shall prepare a report on the
work of the Commission for submission to the General
Assembly or the Governing Board.
36.9 The decisions of the Commission shall be valid when a Deliberations
quorum of at least half of its members is present and shall be
taken by a simple majority of the members present and
voting. In the event of a tie the Chair shall have a casting vote.
626 STATUTES AND REGULATIONS DOC. VI

SECTION VIII: REGIONAL CONFERENCES

RULE 37
Rules of The Rules of Procedure as adopted by the General Assembly
Procedure for for the Regional Conferences are annexed to these Rules.
Regional
Conferences

SECTION IX: ADVISORY BODIES

RULE 38
Definition 38.1 Advisory bodies are those bodies set up by the Governing
Board or General Assembly, as the case may be, in accordance
with Article 17, paragraphs 1 (h) and 2 (a) of the Constitution,
in order to help them facilitate and enhance their work. The
Governing Board or General Assembly shall draw up their
terms of reference and the duration of their remit.
Geographical 38.2 When establishing advisory bodies, the Governing Board or
distribution Distribution General Assembly, as the case may be, shall take
into account the need to respect fair geographical
representation of National Societies in the activities of the
International Federation. The Governing Board or General
Assembly, as the case may be, shall appoint the chair, at least
one vice-chair and the members of advisory bodies, and shall
establish their mandate and term of office. The Governing
Board or General Assembly, as the case may be, may decide to
ask for nominations from National Societies, or fill the
vacancies directly as they deem fit.
Representation 38.3 The members of such bodies may include representatives of
National Societies or individuals appointed in a personal
capacity. The number of members of an advisory body shall
not normally exceed nine.
Financial 38.4 Any proposal or recommendation made by an advisory body
implications involving expenditure shall require a report on the financial
and administrative implications of such proposals or
recommendations. If the expenditure proposed cannot be
covered by the budget, no decision shall be taken nor any
recommendation adopted before the General Assembly or
Governing Board, as the case may be, has taken the necessary
measures to make available the funds required.
RULES OF PROCEDURE OF THE FEDERATION 627

38.5 When establishing an advisory body the Governing Board or Ways of


General Assembly shall provide guidance on its ways of working
working.

SECTION X: FINANCIAL REGULATIONS

RULE 39
The General Assembly shall establish regulations for the Financial
financial administration of the International Federation, regulations
including regulations for travel assistance.

RULE 40
Financial implications of recommendations by constitutional
or advisory bodies
40.1 Recommendations involving expenditure presented for
approval to the Governing Board or General Assembly by
constitutional or advisory bodies shall be accompanied by an
estimate of expenditure prepared by the Secretary General.
40.2 The Secretary General shall keep the constitutional or
advisory bodies informed of the detailed estimated cost of all
recommendations which have been submitted by them for
approval by the Governing Board or General Assembly.

SECTION XI: FINAL PROVISIONS

RULE 41
Amendments to the Constitution
41.1 In pursuance of Article 46 of the Constitution the texts of
proposed amendments to the Constitution shall be
communicated to the Secretary General in time to permit the
transmission of copies thereof by the Secretary General to
National Societies not later than five months before the
opening of the session of the General Assembly at which they
are intended to be considered.
628 STATUTES AND REGULATIONS DOC. VI

41.2 The General Assembly shall decide the date on which the
adopted amendments shall enter into force.

RULE 42
Amendments and suspension of the Rules of Procedure
Amendments 42.1 Amendments of or additions to these Rules may be adopted
to the Rules at any plenary meeting of the General Assembly, provided
of Procedure that the General Assembly has received and considered a
report thereon by an appropriate body appointed by the
Governing Board.
Suspension 42.2 Apart from the respective provisions of the Constitution the
of the Rules General Assembly may at any plenary meeting decide by a
of Procedure simple majority to propose the suspension of any of these
Rules, provided that notice of the proposal has been
communicated through the Secretary General to delegations
not less than twenty-four hours before the beginning of the
meeting at which the proposal is to be debated.

RULE 43
Contradiction In case of any contradiction between any provision of these
between Rules and any provision of the Constitution, that of the
provisions
Constitution shall prevail.
Entry into These Rules shall enter into force at the end of the 16th Session
force of the General Assembly, 23rd November 2007.
RULES OF PROCEDURE OF THE FEDERATION ANNEXES 629

Annex to Rule 1 para 1.3

CORPORATE IDENTITY 10 BASIC RULES


1. The cross and the crescent must always be in plain solid red. Their shapes must
not be altered. The cross and the crescent must be two dimensional, not three
dimensional.
2. The cross and the crescent must always appear on a white background. No
variations, not even beige or grey shading, are allowed.
3. No lettering, design or object should be superimposed on the white
background or on the cross or crescent itself. The cross and the crescent may
not be used in series as a border, repetitive decoration, typographic
embellishment or shown as a drawing in perspective.
4. Do not use the emblem alone. Please use the emblem placed on the left-hand
side of the text.
5. Type must align left vertically with the right-hand edge of the emblem.

International Federation logotype in English


6. The wording International Federation of Red Cross and Red Crescent Societies is
set in HELVETICA regular / HELVETICA 55, or alternatively in ARIAL regular.
The typeface selected for the wording is an integral part of the logotype and
cannot be altered.
630 STATUTES AND REGULATIONS DOC. VI

7. The International Federations


logotype comprises three colours:
red

black

white

Red Cross and Red Crescent red is Pantone colour


Pantone P. 485. See right for PantoneP. 485 Process Black
corresponding formulas in four
colour process, RGB process and Four-colour process
Web colours. Magenta100% Black 100%
Yellow 100%

RGB process
red 204 red 0 red 254
green 0 green 0 green 254
blue 0 blue 0 blue 254

Web colours
# CC 00 00 # 00 00 00 # FF FF FF

8. The emblem must always appear on a field of white. This must be a pure white.
No other background colour is permitted. However, the logotype in reverse
form, as a whole can be depicted on red background (similar to the red used in
the emblem). The wording can only appear in white.
Note: Only black or white is permitted for the wording.

emblem
RULES OF PROCEDURE OF THE FEDERATION ANNEXES 631

9. The minimum width for the International Federation logotype is 60mm.

60mm

Note: In rare circumstances, such as on a book or CD spine, it is permitted to


use the emblem on its own. But, if possible, this is to be avoided. In such
circumstances, the minimum width of the emblem is 10mm.

10mm

The minimum width for the four language International Federation logotype is
100mm.

100mm

10. To ensure that the logotype is not subjected to visual interference, it must be
placed at a minimum distance from other texts or graphics. The minimum
distance that must be respected on all four sides of the logotype is equal to the
height of the vertical axis of the emblem, as shown below.

x x

x
x

x
632 STATUTES AND REGULATIONS DOC. VI

Annex to Rule 37

RULES OF PROCEDURE FOR REGIONAL CONFERENCES

Approved by the XIVth Session of the General Assembly


Geneva, 28-30 November 2003
(to replace the Rules adopted by the 12th Session of the General Assembly,
Geneva, October 1999)

ARTICLE 38
Of the Constitution of the International Federation
Regional Conferences
1. A Regional Conference is a meeting of the National Societies of a statutory
region as defined in the Rules of Procedure with the purpose of:
promoting co-operation, networking and partnerships amongst the
National Societies of the regions;
identifying common humanitarian concerns and issues;
striving to achieve common strategies of implementation with regard to
decisions of the General Assembly, the Council of Delegates and the
International Conference;
making proposals to the Governing Board on matters related to the General
Assembly and the Statutory Bodies of the Movement.
2. In principle a Regional Conference shall be held in each statutory region once
every four years.
3. The Secretary General shall provide a report for the approval of the Governing
Board on the agenda and the administrative, technical, financial and other
implications of forthcoming Regional Conferences. He/she shall also present a
report on the results of any Regional Conference held.
4. The Secretary General shall assist the host National Society in organising and
holding a Regional Conference.
5. A Regional Conference shall be held in conformity with the Constitution and
the Rules of Procedure.

Composition

RULE 1
1. A Regional Conference, in accordance with Article 38 of the Constitution, shall
be composed of delegations of member Societies of the Federation of the region.
RULES OF PROCEDURE OF THE FEDERATION ANNEXES 633

2. Each Society may be represented by a delegation of not more than five persons.
3. The President and the Secretary General of the Federation as well as the
Federations elected Vice-President of the region participate in all regional
conferences.

Conference Planning Committee

RULE 2
1. For each Regional Conference, a Conference Planning Committee shall be
established, immediately following the closure of each Conference, with
responsibility for the preparation of the next Conference and for promoting the
follow-up to resolutions of the last conference. It shall be composed of the
elected Vice-President and the Societies members of the Board of the
Federation from the region, of the Chairman of the last Conference and, if the
Chairman comes from another Society, of the Society hosting the last
Conference, of the host Society of the forthcoming Conference (as soon as
designated) and the Secretary General of the Federation or his/her
representative. It shall elect its own Chairman and the Secretary General of the
Federation shall, if requested, provide secretarial support.
2. Unless the Conference has decided to accept an invitation from a National
Society to host the next Conference, the Conference Planning Committee shall,
through the report referred to in Article 38.3 of the Constitution, make a
recommendation to the Federations Governing Board as to the place and date
of the next Regional Conference.
3. In case there exists a permanent body of regional coordination, such as CORI
(Inter-American Regional Committee), this body shall act as Conference
Planning Committee provided it meets the requirements of paragraph 1 of
Rule 2 of the present Rules.

Responsibilities of the host Society

RULE 3
1. The member Society of the Federation hosting the Conference shall be
responsible for its organisation, including arrangements for:
a) the venues for the meetings of the inauguration, plenary and closing
sessions and for any working group meetings,
b) the transportation of the delegates to and from official meetings and events
if their venue is different from the place where they are boarded,
c) the personnel for the secretariat of the Conference, including translators and
interpreters when necessary,
634 STATUTES AND REGULATIONS DOC. VI

d) the provision of the audio visual and other equipment and other necessary
items.
2. The host Society shall obtain from its Government written assurance that visas
will be issued as required, to the representatives of all the National Societies of the
region and the National Societies from outside the region invited as observers.
3. The host Society shall prepare and send to the National Societies of the region
the final report of the Conference.
4. It shall be the responsibility of the host Society to ensure that all financial
commitments of the Conference are met as per paragraph 1 of the present Rule
including, as the case may be, additional commitments agreed in the
Conference Planning Committee.
5. The Secretariat of the Federation shall support the host Society in organising
and holding a Regional Conference in accordance with Article 38 of the
Constitution. Such support shall be in conformity with the Strategy 2010,
Federation policies and the priorities for the Secretariat set by the Board.

Officers of the Conference

RULE 4
1. At its first plenary meeting, the Conference shall elect a Chairman, one or more
Vice-Chairmen, a Secretary and a General Rapporteur. The persons so elected,
together with the Vice-President of the Federation of the region and the
Secretary General of the Federation or his/her representative, shall constitute
the Bureau of the Conference.
2. The elected Vice-President of the Federation from the region is ex officio a Vice-
Chairman of the Conference.
3. The Chairman shall chair the plenary meetings. Until the Chairman is elected,
the Conference will be chaired by the Chairman of the Conference Planning
Committee.
4. On the request of the Chairman, or in the absence of the Chairman, one of the
Vice-Chairmen shall chair the plenary meetings.
5. The Secretary of the Conference receives the documents and correspondence of
the Conference and keeps the Chairman informed of all relevant matters during
the Conference. The Secretary shall act under the general direction of the
Chairman of the Conference or, where applicable, the Vice-Chairman. The
Secretary shall assist the General Rapporteur in the drafting of the final report
of the Conference.
6. The General Rapporteur, in collaboration with the Secretary and, as the case
may be, the rapporteurs of the working groups established in accordance with
Rule 13, shall coordinate the drafting of the recommendations and the final
RULES OF PROCEDURE OF THE FEDERATION ANNEXES 635

report. He/she shall be chairman of the drafting committee if the Conference


decides to establish one.
7. For the duration of the Conference, the Bureau shall assist the Chairman in
organising the work of the Conference. It shall on the request of the Chairman or
of its own motion advise the Chairman on any matter relating to the Conference.

Convocation

RULE 5
1. The Conference shall be convoked by the host Society. The notice of convocation
shall indicate the venue, opening date and duration of the Conference.
2. Not later than ninety days before the opening of the Conference, the host
Society shall dispatch to the member Societies of the region and the other
participants referred to in Rule 1.3, the notice of convocation together with the
provisional agenda and any relevant documents available.

Provisional Agenda

RULE 6
1. The provisional agenda of the Conference shall be drawn up by the Conference
Planning Committee and shall include among other items:
a) Roll Call
b) Election of the Chairman,Vice-Chairmen, Secretary and General Rapporteur
c) Adoption of the agenda and appointment of subsidiary bodies
d) Report on the implementation of recommendations of the previous Conference
e) Items which have been proposed by the Conference Planning Committee
f) Adoption of reports and recommendations g) Any other item approved in
the plenary during the Conference.
2. As a general rule, the Conference agenda shall conform with and support the
implementation in the region of the Federations main strategy adopted by its
General Assembly. It shall take into account the policies of the Movement and
Movement issues relevant for the Conference.

Observations on the agenda

RULE 7
1. Any member Society may present observations on and amendments or
additions to the agenda, to reach the host member Society at least thirty days
before the opening date of the Conference.
636 STATUTES AND REGULATIONS DOC. VI

2. The host Society shall forward such observations, amendments and additions
to the Planning Committee which will consider them in view of submitting a
draft agenda to the Conference for approval.

Delegations

RULE 8
The names of the members of the Delegation of each National Society and the
appointment of the Head of Delegation shall be communicated to the host Society
not less than thirty days before the opening of the Conference. The Head of
Delegation shall be responsible to inform the Secretary of any change in the com-
position of the delegation.

Observers

RULE 9
1. The Conference Planning Committee may recommend that the host Society
invite as observers among others:
a) the National Societies of the region not yet recognised or not yet admitted to
the Federation and that have been invited to the most recent General
Assembly of the Federation,
b) Member Societies and Vice-Presidents of the Federation from other regions,
and National Societies from other regions, not yet recognised or not yet
admitted to the Federation and which have been invited to the most recent
General Assembly of the Federation,
c) Standing Commission of the Red Cross and Red Crescent
d) International Committee of the Red Cross (ICRC),
e) Inter-Governmental and Non-Governmental Organisations.
2. When the Conference is discussing any matter of special interest to an
organisation taking part in the Conference as an observer, that organisation
may be permitted by the person chairing the meeting to make a statement. As a
minimum, observers shall be given the seating arrangements, documents and
speaking rights as for observers in the General Assembly of the Federation.

Travel and Maintenance

RULE 10
Participants shall be responsible for their travel, accommodation, meals and all per-
sonal expenses. If so requested, the Federation Secretariat may offer assistance to the
host Society in raising funds to contribute to the travel and accommodation costs for
certain participants, on the basis of the Federations Travel Assistance Regulations.
RULES OF PROCEDURE OF THE FEDERATION ANNEXES 637

Pre-Conference meeting

RULE 11
The Conference Planning Committee may decide to hold a pre-conference meeting
with the Heads of Delegations, among others, to:
a) inform the Heads of Delegations of the details of the general programme
and the provisional agenda
b) review the Rules of Procedure of the Conference
c) receive the nominations for the Conference Chairman, Vice-Chairmen,
Secretary and General Rapporteur.

Opening and closing ceremonies

RULE 12
The host Society may arrange opening and closing ceremonies open to delegates,
observers and invited guests.

Working groups

RULE 13
The Conference, upon the recommendation of the Conference Planning
Committee or the Conference Bureau, may establish working groups, define their
mandate and composition, and elect their Chairman and Rapporteur. This may
include a drafting committee.

Reports and recommendations

RULE 14
All reports and recommendations shall be submitted to the final plenary meeting
for adoption by consensus.

Languages

RULE 15
The Conference Planning Committee shall determine the language(s) of the
Conference in accordance with the Rules of Procedure of the Federation.
638 STATUTES AND REGULATIONS DOC. VI

Reports on the Conference

RULE 16
The report for the Governing Board referred to in Article 38, paragraph 3 of the
Constitution shall be prepared in close consultation with the Vice-President from
the region. In addition to the report of the Conference referred to in Rule 3.3, a
report shall also be presented to the Federations General Assembly by the
Chairman of the Conference or, if unavailable, a representative of the host Society.
The General Assembly will consider the recommendations from the Regional
Conferences addressed to the statutory bodies of the Federation, together with the
advice from the Governing Board or with the Boards report on the action it has
taken itself to follow-up on such recommendations.

Follow-up to the resolutions of the Regional Conference

RULE 17
The Conference shall establish a mechanism to monitor the follow-up to the
recommendations it has approved, or may authorise the Planning Committee for
the next Conference to do so.

Final Provisions and entry into force

RULE 18
1. These Rules enter into effect as from the date of their adoption by the General
Assembly. They may be modified by the General Assembly at any time provided
the Board has been given a chance to give its advice.
2. These Rules shall be applied as minimum rules for all Regional Conferences.
They may be completed with details as deemed relevant for each Conference, at
the proposal of the Planning Committee and with the approval of the
Conference. If there are any conflicts of interpretation or application then the
present Rules shall prevail.
VII

SECTION I

AGREEMENT ON THE ORGANIZATION OF THE


INTERNATIONAL ACTIVITIES OF THE COMPONENTS OF THE
INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT

The Seville Agreement Council of Delegates, Seville, 25-27 November 1997

Preamble............................................................................................................ 641

PART I
General
Article 1 Scope of the Agreement ............................................................. 642
Article 2 Object and Purpose of the Agreement ...................................... 643
Article 3 Guiding Principles ..................................................................... 643
Article 4 Management Principles ............................................................. 643

PART II
International Relief Activities
Article 5 Organization of International Relief Operations ...................... 644
Article 6 Responsibilities for General Direction
and Coordination of International Relief Operations .............. 647

PART III
Strengthening the Movement: Development and Functional Cooperation
Article 7 Development of National Societies ........................................... 650
Article 8 Functional Cooperation
between the Components of the Movement ............................. 651
Article 9 Communication, Fundamental Principles
and International Humanitarian Law ....................................... 652

PART IV
Implementation and Final Provisions
Article 10 Implementation.......................................................................... 653
Article 11 Final Provisions.......................................................................... 654
640 CONTENTS

SECTION II

SUPPLEMENTARY MEASURES
TO ENHANCE THE IMPLEMENTATION
OF THE SEVILLE AGREEMENT

(Annex to Resolution 8, adopted by the Council of Delegates


at Seoul in November 2005)

1. Roles and responsabilities


Host National Society and the Lead Agency............................................. 655
2. Coordination ............................................................................................... 658
3. Memoranda of Understanding (MoU)...................................................... 660
4. Neighbouring National Societies
and National Societies working internationally ...................................... 660
5. Transition..................................................................................................... 661
6. Problem solving........................................................................................... 662
7. Enhancing knowledge of the Agreement .................................................. 663
VII
SECTION I

AGREEMENT ON THE ORGANIZATION OF THE


INTERNATIONAL ACTIVITIES OF THE COMPONENTS OF THE
INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT

PREAMBLE
The mission of the International Red Cross and Red Crescent Movement is to
prevent and alleviate human suffering wherever it may be found, to protect life and
health, and ensure respect for the human being, in particular in times of armed
conflict and other emergencies, to work for the prevention of disease and for the
promotion of health and social welfare, to encourage voluntary service and a constant
readiness to give help by the members of the Movement, and a universal sense of
solidarity towards all those in need of its protection and assistance.
The accomplishment of this common mission calls for the combined efforts
and participation of all the components of the Movement. To respond with speed,
flexibility and creativity to the needs of all those calling for impartial humanitarian
protection and assistance, the components must join their forces and capitalize on
their diversity. To achieve that goal through effective collaboration in a spirit of
mutual trust, to ensure an efficient mobilization of resources, the components must
therefore, based on a clear sense of purpose and their common mission, organize
their international activities on a sound and predictable basis. This implies
observance of the Fundamental Principles and of the Statutes of the Movement,
and a synergetic cooperation, coupled with a clear division of labour, among
components having distinct but closely related and complementary roles and
competencies.
This Agreement is more than an instrument of operational management or a
statement of understanding. It sets into motion a profound change in attitude
between members of the same Movement: the adoption of a collaborative spirit, in
which every member of the Movement values the contributions of other members
as partners in a global humanitarian enterprise. It is an agreement on cooperation
and not merely on a division of labour, and it applies to all those international
activities which, under the Movements Statutes, the components are called upon to
carry out in close collaboration. It establishes clear guidelines for the performance
of tasks by Movement members, using the specific areas of competence and the
complementary capacities of each to best effect. It provides for continuity of
activities as situations change, and aims at fostering among the components a
stronger sense of identity, of solidarity, of mutual trust and of shared responsibility.
642 STATUTES AND REGULATIONS DOC. VII

With those objectives set out, this Agreement on the organization of the
international activities of the Movements components constitutes an essential
element of a new common strategy of action that will allow the components to
achieve three important goals:
- to provide more effective response to humanitarian needs using to best effect
the Movements many resources;
- to promote better respect for humanitarian principles, and for international
humanitarian law;
- to create a stronger International Red Cross and Red Crescent Movement in
which all components cooperate to the optimum extent.

PART I
GENERAL

ARTICLE 1
Scope of the Agreement
1.1 The Agreement applies to those international activities which the
components are called upon to carry out in cooperation, on a bilateral or
multilateral basis, to the exclusion of the activities which the Statutes of the
Movement and the Geneva Conventions entrust to the components
individually.
1.2 The international activities of the components are the activities of the
National Societies defined in Article 3, paragraphs 3 and 5 of the Statutes of
the Movement; the activities of the International Committee of the Red
Cross defined in Article 5, paragraphs 2, 3 and 4 of the Statutes of the
Movement; and the activities of the International Federation of Red Cross
and Red Crescent Societies defined in Article 6, paragraphs 3, 4 and 5 of the
Statutes of the Movement.
1.3 Pursuant to Article 7, paragraph 1 of the Statutes of the Movement, the
Agreement defines the organization of international activities carried out in
bilateral or multilateral cooperation between:
- the National Societies and their Federation;
- the National Societies and the ICRC;
- the National Societies between themselves;
- the ICRC and the Federation;
- the ICRC, the Federation and the National Societies.
THE SEVILLE AGREEMENT 643

1.4 Nothing in this Agreement shall be interpreted as restricting or impairing the


specific role and competencies of each component according to the Geneva
Conventions and their additional Protocols, and under the Statutes of the
Movement.

ARTICLE 2
Object and Purpose of the Agreement
The object and purpose of the Agreement is:
a) to promote the efficient use of the human, material and financial resources of the
Movement and to mobilize them as rapidly as possible in relief operations and
development activities in the interest of the victims of armed conflicts or of internal
strife and their direct results, as well as of natural or technological disasters, and of
vulnerable persons in other emergency and disaster situations in peacetime;
b) to promote closer cooperation among the components in situations referred to
in Article 2 a) above;
c) to strengthen the development of National Societies and to improve
cooperation among them, thus enabling National Societies to participate more
effectively in the international activities of the Movement;
d) to obviate differences between the components as to the definition and the
organization of their respective international activities and responsibilities
within the Movement;
e) to strengthen functional cooperation among the ICRC, the Federation and
National Societies.

ARTICLE 3
Guiding Principles
The organization of the international activities of the components is at all times
governed by the values and principles which guide the Movement, as enshrined in:
- the Fundamental Principles of the Red Cross and Red Crescent;
- the Statutes of the Movement;
- the Geneva Conventions and their Additional Protocols.

ARTICLE 4
Management Principles
Implicit in the Statutes of the Movement are two organizational concepts which this
Agreement defines as the lead role and the lead agency.
644 STATUTES AND REGULATIONS DOC. VII

A) Lead Role
4.1 The Geneva Conventions and the Statutes of the Movement entrust specific
competencies to each component which therefore plays a lead role in these
matters.
4.2 The concept of lead role implies the existence of other partners with rights
and responsibilities in these matters.
B) Lead Agency
4.3 The lead agency concept is an organizational tool for managing international
operational activities. In a given situation, one organization is entrusted with
the function of lead agency. That organization carries out the general
direction and coordination of the international operational activities.
4.4 The lead agency concept applies primarily in emergency situations as
referred to in Article 2 a) above, where rapid, coherent and effective relief is
required in response to the large-scale needs of the victims, on the basis of an
evaluation of these needs and of the capacity of the National Society
concerned to meet them.
4.5 Effective coordination between the components under the responsibility and
general direction of the lead agency requires the establishment of
appropriate mechanisms for consultation and a commitment by all those
taking part to abide by coordination rules and procedures.
4.6 The effectiveness of an operation depends on adequate prior training and
preparation of those carrying out the operation (emergency preparedness).

PART II
INTERNATIONAL RELIEF ACTIVITIES

ARTICLE 5
Organization of International Relief Operations
5.1 Situations Requiring a Lead Agency
A) International and non-international armed conflicts, internal strife and their
direct results, within the meaning of the Geneva Conventions and their
Additional Protocols and the Statutes of the Movement:
a) within the meaning of the Geneva Conventions and of this Agreement, the
term situation of armed conflict covers the entire territory of the parties to
a conflict as far as the protection and assistance of the victims of that conflict
are concerned;
THE SEVILLE AGREEMENT 645

b) the term direct results of a conflict within the meaning of the Geneva
Conventions applies beyond the cessation of hostilities and extends to
situations where victims of a conflict remain in need of relief until a general
restoration of peace has been achieved;
c) the term direct results of a conflict shall also apply to situations in which
general restoration of peace has been achieved, hence the intervention of the
ICRC as a specifically neutral and independent institution and intermediary
is no longer required but victims remain in need of relief during the post-
conflict period, especially within the context of reconstruction and
rehabilitation programmes;
d) the term direct results of a conflict shall also apply to situations in which
victims of a conflict are to be found on the territory of a State which is neither
party to a conflict nor affected by internal strife, especially following a large
scale movement of refugees.
B) Natural or technological disasters and other emergency and disaster
situations in peace time which require resources exceeding those of the
operating National Society and thus call upon the Principles and Rules for
Red Cross and Red Crescent Disaster Relief to apply;
C) Armed conflict concomitant with natural or technological disasters.

5.2 Armed Conflict and Internal Strife: Elements of Identification


For the purposes of the application of the present Agreement and the
organization of the international activities of the components,
a) an armed conflict exists when the armed action is taking place between two
or more parties and reflects a minimum of organization;
b) internal strife does not necessarily imply armed action but serious acts of
violence over a prolonged period or a latent situation of violence, whether of
political, religious, racial, social, economic or other origin, accompanied by
one or more features such as: mass arrests, forced disappearances, detention
for security reasons, suspension of judicial guarantees, declaration of state of
emergency, declaration of martial law.

5.3 Lead Agency Role of each Component


5.3.1 The ICRC will act as lead agency, as provided for in Article 4 of the present
Agreement, in situations of international and non-international armed
conflicts, internal strife and their direct results as referred to in Article 5.1,
Section A and in paragraphs a) and b), and in Section C (armed conflict
concomitant with natural or technological disasters).
5.3.2 The Federation will act as lead agency in situations referred to in Article 5.1,
paragraphs c) and d) of Section A, and in Section B (natural or technological
disasters and other emergency and disaster situations in peace time which
require resources exceeding those of the operating National Society).
646 STATUTES AND REGULATIONS DOC. VII

5.3.3 A National Society may undertake the functions of lead agency necessary for
the coordination of international relief assistance within its own territory
subject to the concurrence of the ICRC or the Federation, as the case may be,
as provided for in Article 3, paragraph 3 of the Statutes of the Movement.
5.3.4 If a natural or technological disaster occurs in a situation of conflict where
the ICRC is already engaged, the ICRC will call upon the Federation to
provide additional appropriate expertise to facilitate relief.
5.3.5 If an armed conflict or internal strife breaks out in a situation where there is
ongoing Federation relief assistance activity, the transition provisions apply,
as provided for in Article 5.5 of the present Agreement.

5.4 Unforeseen Situations


In handling unforeseen situations which do not fall within the situations
referred to in Part II, Articles 5.1 and 5.3, the components of the Movement
directly concerned undertake, in good faith and with common sense, to be
guided by the Fundamental Principles and the Statutes of the Movement, to
ensure, in the interest of the victims, maximum efficiency of the operation
and harmonious cooperation within the Movement as a whole.

5.5 Transition
5.5.1 Where, as a result of a change of situation, responsibility for directing and
coordinating an international relief operation is transferred from the ICRC or
from the Federation in accordance with the relevant Articles of the present
Agreement, the incumbent lead agency shall, in agreement with the operating
National Society and in consultation with the participating National Societies,
take all the steps appropriate to ensure an efficient and harmonious handover
of the management and conduct of the new international relief operation by
the component taking over the lead agency function.
5.5.2 Subject to the agreement of the donors who have contributed to financing
the international relief operation which is being phased out, the funds and
relief supplies available, together with the logistic and material resources
deployed in the field, shall, if they are suited to the objectives of the new
operation, be placed at the disposal of the lead agency henceforth responsible
for its general direction and coordination.

5.6 Other International Relief Actions by National Societies


5.6.1 In situations where the needs of the victims do not call for the organization
of an international relief operation under a lead agency, a National Society
which provides direct assistance to the Society of the country affected by a
conflict or a disaster shall immediately inform the ICRC or the Federation, as
the case may be.
5.6.2 Mutual emergency relief assistance agreements in case of natural or
technological disasters between neighbouring National Societies, and
THE SEVILLE AGREEMENT 647

bilateral or multilateral development agreements between National Societies


shall be notified in advance to the Federation.
5.6.3 The fact that one or several National Societies submit a request for aid to the
ICRC or to the Federation, or hand over relief supplies to one of them, shall
in no way be deemed to modify the organization of functions and
responsibilities between the two institutions as defined in the present
Agreement. In such an event, the institution which is not competent will so
inform the National Society or Societies concerned and will refer the matter
without delay to the competent institution.

5.7 Operational Difficulties


5.7.1 Should an international relief operation directed and coordinated either by
the ICRC or by the Federation be obstructed for a prolonged period, the lead
agency shall consult the components involved with a view to bringing their
combined influence to bear so that the obstacles to the operation may be
overcome as soon as possible in the sole interest of the victims.
5.7.2 Where appropriate they may, by mutual agreement, decide to implement
provisional measures which shall in no way be regarded as precedents
affecting the respective mandates of the components of the Movement or the
organization of tasks provided for in the present Agreement.

5.8 United Nations Specialized Agencies


5.8.1 In order to maintain among the components a coherent approach that will
preserve the Movements unity and independence, a National Society
wishing to conclude a cooperation agreement with a specialized agency of
the United Nations, shall keep the Federation and/or the ICRC informed.
5.8.2 In particular, it shall keep the Federation and/or the ICRC informed of any
negotiations likely to lead to a formal agreement with the UNHCR which
should be undertaken in association with the Federation and/or the ICRC.

ARTICLE 6
Responsibilities for General Direction and Coordination
of International Relief Operations
6.1 In situations defined in the present Agreement, where the general direction
and coordination of an international relief operation is exercised by the
ICRC or the Federation acting as lead agency, this function carries the
following responsibilities:
6.1.1 General Responsibilities
a) to define the general objectives of the international relief operation based on
access to the victims and on an impartial assessment of their needs;
b) to direct the implementation of these objectives;
648 STATUTES AND REGULATIONS DOC. VII

c) to ensure that all actions within the relief operation are effectively
coordinated;
d) to establish appropriate mechanisms of consultation with Red Cross and Red
Crescent partners;
e) to coordinate international Red Cross and Red Crescent relief operations
with the humanitarian activities of other organizations (governmental or
non-governmental) where this is in the interest of the victims and is in
accordance with the Fundamental Principles;
f) to act as a spokesman for the international relief action and to formulate the
Red Cross and Red Crescent partners response to public interest;
g) to mobilize financial resources for the relief operation and to launch appeals
integrating when necessary other directly or indirectly related Red Cross and
Red Crescent activities.
h) to ensure that the resources mobilized for an international relief operation
are managed in a sound and efficient manner by the operating and the
participating National Societies;
i) to promote, by means of project delegations, bilateral or multilateral
cooperation agreements between participating and operating National
Societies;
6.1.2 Specific Responsibilities
A) In situations where the ICRC is acting as lead agency:
a) to establish and maintain relations and contacts with all the parties to the
conflict and take any steps necessary for the conduct of international relief
operations for victims, in accordance with the relevant provisions of
international humanitarian law and in compliance with the Fundamental
Principles of independence, neutrality and impartiality;
b) to assume ultimate responsibility for international relief operations vis--vis
the parties to the conflict and the community of States party to the Geneva
Conventions;
c) to define and ensure the application of any measure which may prove
necessary to guarantee, to the greatest extent possible, the physical safety of
personnel engaged in relief operations in the field;
d) to ensure respect for the rules in force relating to the use of the red cross and
red crescent emblems for protective purposes;
e) to draw up, in consultation with the National Societies concerned, public
statements relating to the progress of the relief operation.
B) In situations where the Federation is acting as lead agency:
a) to ensure that the participating and the operating National Societies comply with
the Principles and Rules for Red Cross and Red Crescent Disaster Relief (1995) and
the Code of Conduct for the International Red Cross and Red Crescent Movement
and Non-Governmental Organizations in Disaster Relief (1995);
THE SEVILLE AGREEMENT 649

b) to offer the National Societies rapid information on disasters in order to


permit mobilization and coordination of all possible forms of relief;
c) to promote, beyond the emergency phase, the establishment and the
development of rehabilitation and reconstruction programmes, and to
mobilize for this purpose the support of National Societies of other
countries;
d) to decide, in agreement with the National Society of the country concerned,
and after consultation of the donor Societies, on the use of any goods or
funds that remain available at the end of an international relief operation.

6.2 Coordination of an International Relief Operation by a National Society within


its own Territory
6.2.1 Taking into account:
- the nature of the situation and the resulting constraints imposed upon the
implementation of the operation;
- the scope of the needs to be met;
- the logistic means to be deployed;
- the preparedness and capacity of the National Society to undertake
efficiently the action required in conformity with the Fundamental
Principles,
a National Society may act as a lead agency in the sense of undertaking the
coordination of an international relief operation within its own territory,
subject to the concurrence of, and on the basis of general objectives defined
by the ICRC or the Federation, as the case may be.
6.2.2 In this context, this function of coordination by a National Society within its
own territory implies primarily the following responsibilities:
a) to direct the implementation of the general objectives defined for the
international relief operation;
b) to direct the work of personnel made available by participating National
Societies placed under the authority of the operating National Society for the
purpose of the operation;
c) to coordinate the relief operation with the humanitarian activities of other
organizations (governmental or non-governmental) having a representation
and being active locally when this is in the interest of the victims and in
accordance with the Fundamental Principles;
d) to act as a spokesman for the international relief operation to respond to
public interest;
e) to ensure respect for the rules in force relating to the use of red cross and red
crescent emblems;
f) to ensure that the action is carried out and conducted in accordance with the
Principles and Rules for Red Cross and Red Crescent Disaster Relief (1995) and
650 STATUTES AND REGULATIONS DOC. VII

the Code of Conduct for the International Red Cross and Red Crescent
Movement and Non-Governmental Organizations in Disaster Relief (1995);
g) to ensure that the financial and material ressources made available for the
purpose of the relief operation through the ICRC and/or the Federation, as
the case may be, are managed in a sound and efficient manner;
h) to provide required and appropriate information to the Federation or the
ICRC, as the case may be, on the progress of the relief operation in order to
enable them to report to donors having responded to international appeals
launched to mobilize the necessary financial resources to meet the general
objectives set out.

PART III
STRENGTHENING OF THE MOVEMENT:
DEVELOPMENT AND FUNCTIONAL COOPERATION

All components shall strive to assist each other to realize their full potential and
adopt a policy of constructive complementarity in elaborating a comprehensive
development approach.

ARTICLE 7
Development of National Societies

7.1 A National Society is primarily responsible for its own development.


7.1.1 National Societies shall contribute as far as their means permit to the
development of other National Societies requiring such assistance, by means
of bilateral or multilateral development agreements.
7.1.2 Such agreements shall take account of the relevant policies and strategies
adopted by the Federations General Assembly.

7.2 The Federation has the lead role with regard to development activities and to
the coordination of international development support to National Societies.
The ICRC provides support in matters falling within its statutory core
competencies.
7.2.1 The specific tasks of the Federation in development activities include:
a) formulating and reviewing development policies on behalf of the Movement
in consultation with the other components;
b) assisting National Societies to draw up development plans and project
proposals;
THE SEVILLE AGREEMENT 651

c) providing standards and guidelines for programme design and planning;


d) setting criteria for mobilization and allocation of resources for development.
7.2.2 The ICRC shall contribute to the development of the National Societies in the
following matters, in coordination with the Federation:
a) technical and legal assistance in establishing and reconstituting National
Societies;
b) support of the National Societies programmes for disseminating knowledge
of international humanitarian law and the Fundamental Principles;
c) involvement of the National Societies in measures taken to promote
international humanitarian law and ensure its implementation;
d) preparation of the National Societies for their activities in the event of
conflict;
e) contribution to the training of National Society personnel in fields related to
its mandate.
7.2.3 In armed conflict situations, internal strife and their direct results, the
Federation may continue to assist the National Society of the country
concerned in its further development, taking into account that in such
situations, where the ICRC is acting as lead agency as provided for in
Article 5.3, the ICRC has the responsibility to coordinate and direct the relief
operations in favour of the victims.
7.2.4 In armed conflict situations, internal strife and their direct results, the ICRC
may expand its cooperation with the operating National Society concerned
in order to strengthen its operational capacity. In such cases, the ICRC shall
coordinate with the plans of the National Society concerned and the
Federation in this regard.
7.2.5 Whenever it appears to either institution that a National Society has become
unable to protect its integrity and to act in accordance with the Fundamental
Principles, the ICRC and the Federation shall consult each other on the
advisability of taking action, either jointly or separately. In the latter case, the
two institutions shall keep each other informed of any action taken and of
subsequent results.

ARTICLE 8
Functional Cooperation between the Components of the Movement
8.1 The coherence of the action of the components of the Movement depends on
cooperation and coordination among them in undertaking emergency
actions in general or specific cases, as well as in all other areas of activity.
8.2 Functional cooperation between the ICRC, the National Societies and the
Federation applies in particular to the following areas of international
activities:
652 STATUTES AND REGULATIONS DOC. VII

a) establishment and recognition of National Societies and protection of their


integrity;
b) use and respect of the red cross and red crescent emblems;
c) human resources development, training and preparation of personnel for
international relief operations;
d) cooperation at delegation level;
e) relations with international institutions, non-governmental organizations
and other actors on the international scene;
f) coordination of international fundraising.
8.3 The principles outlined in Articles 3 and 4 of this Agreement may serve as a
frame of reference for more detailed bilateral agreements on an ad hoc basis,
that the ICRC and the Federation may wish to conclude for organizing their
cooperation in specific areas at the institutional or regional levels.
8.4 The process of development of functional cooperation among the
components, and the opportunities for its evolution in response to changes
in the external environment can only be enhanced by continuous dialogue
and regular consultation between those responsible for international
activities within the ICRC and the Federation and with National Societies
with a view to analyzing and anticipating needs. The initiative in respect of
each specific area might best be taken by the organization having the lead
role in that area.

ARTICLE 9
Communication, Fundamental Principles
and International Humanitarian Law
9.1 Public Relations and Information
9.1.1 In their public relations, the ICRC, the Federation and National Societies,
while performing their respective functions and thereby informing the
public of their respective roles within the Movement, shall harmonize their
activities so as to present a common image of the Movement and contribute
to a greater understanding of the Movement by the public.
9.1.2 In order to ensure maximum efficiency in advocating humanitarian
principles, according to the policies promulgated to that effect by the Council
of Delegates, the components of the Movement shall cooperate in
coordinating campaigns and developing communication tools. Whenever
necessary, they may set up mechanisms to that effect, taking into account the
lead roles of the different components.
9.2 Fundamental Principles
9.2.1 All components of the Movement shall ensure that the Fundamental Principles
are respected by the Movements components and statutory bodies.
THE SEVILLE AGREEMENT 653

9.2.2 The ICRC has the lead role in the maintenance and dissemination of the
Fundamental Principles. The Federation and the ICRC shall collaborate in
the dissemination of those Principles among the National Societies. National
Societies have a key role to play in upholding and disseminating the
Fundamental Principles within their own country.
9.3 International Humanitarian Law
9.3.1 The ICRC has the lead role for promoting, developing and disseminating
international humanitarian law (IHL). The Federation shall assist the ICRC
in the promotion and development of IHL and collaborate with it in the
dissemination of IHL among the National Societies.
9.3.2 National Societies shall disseminate, and assist their governments in
disseminating IHL. They shall also cooperate with their governments to
ensure respect for IHL and to protect the red cross and red crescent
emblems.

PART IV
IMPLEMENTATION AND FINAL PROVISIONS

ARTICLE 10
Implementation
10.1 All components of the Movement undertake to respect and implement the
present Agreement on the organization of their international activities, in
accordance with Article 7 of the Statutes of the Movement.
10.2 Each component the Federation, the ICRC, and National Societies is
individually responsible for the implementation of the provisions of this
Agreement, and shall instruct its volunteers and staff accordingly.
10.3 Beyond their individual responsibility to implement the provisions of this
Agreement, the ICRC and the Federation, because of their directing and
coordinating roles, have a special responsibility to ensure that the Agreement
be fully respected and implemented by the Movement as a whole.
10.4 As the institutions most often called on to act as lead agency in international
activities, the ICRC and the Federation have a need to:
- share information on global operational activities of common interest;
- discuss possible difficulties which may hamper smooth cooperation
between the components.
It is for these institutions to agree between themselves what arrangements are
best suited to meet this need.
654 STATUTES AND REGULATIONS DOC. VII

10.5 The Standing Commission, by virtue of the role conferred upon it by


Article 18 of the Statutes of the Movement, shall call annually for a report on
the implementation of the Agreement from the ICRC and the Federation,
which will be transmitted to all National Societies as part of a consultative
process.
10.6 The Standing Commission shall include an item on the Agreement on the
agenda of each Council of Delegates, thus establishing a process of regular
review of the Agreement.
10.7 If differences arise between the components concerning the implementation
of the Agreement and if these cannot be otherwise resolved, the Standing
Commission may establish an ad hoc independent body, as and when
required, to arbitrate, with the agreement of the Parties, differences between
the components of the Movement where conciliation and mediation have
failed.

ARTICLE 11
Final Provisions
The present Agreement replaces the 1989 Agreement between the ICRC and the
League of Red Cross and Red Crescent Societies (International Federation). It was
adopted by consensus, in Resolution 6 of the Council of Delegates in Seville, Spain,
on 26 November 1997.
SECTION II

SUPPLEMENTARY MEASURES
TO ENHANCE THE IMPLEMENTATION
OF THE SEVILLE AGREEMENT

(Annex to Resolution 8, adopted by the Council of Delegates


at Seoul in November 2005)

This document aims at improving the implementation and understanding of the


Seville Agreement. It addresses parts of the Seville Agreement that may not be
sufficiently explicit and may thus give room to various interpretations. It aims to
guide users of the Seville Agreement in areas where there is a need for
improvement: roles and responsibilities and understanding the Lead Agency
concept, coordination, problem solving and enhancing knowledge about the
Agreement. It supplements the Seville Agreement without modifying its conditions
of application and contents.

1. Roles and responsabilities Host National Society and the Lead Agency
1.1 The International Red Cross and Red Crescent Movement must have an
efficient and effective coordination system for international activities to
manage the resources required to deliver services to affected people and
populations and to coordinate with the wider humanitarian assistance
systems.1 To achieve this, the Seville Agreement defines the Lead Agency
concept as an organizational tool for managing international operational
activities. It is allocated to one Movement component at a time (SA 4.3).2
1.2 The Host National Society maintains at all times its role and mandate
according to the Statutes of the Movement. The Seville Agreement focuses
only on the organization of the international activities of the other
components of the Movement. In this context, a National Society in its own
country will continue to act according to its mandate in all situations. In
respect of the Movements international operational activities, it may also
assume the role of Lead Agency in some situations and when not, it always is
the primary partner of the Lead Agency.
1.3 Since the Agreement states that the Lead Agency function is applicable
primarily in emergency situations where rapid, coherent and effective relief
is required in response to the large-scale needs of the victims (SA 4.4), it

1 Humanitarian systems outside the Red Cross and Red Crescent Movement: UN and national or interna-
tional Non-Governmental Organizations
2 SA always used as an abbreviation of Seville Agreement
656 STATUTES AND REGULATIONS DOC. VII

implies that the function is a temporary response to a particular set of


circumstances. In any given country, the coexistence of the mandated
activities of the Host National Society and the supportive international
activities of other Movement components leads to a complex Movement
operating environment, which necessitates the coordination provided by a
Lead Agency, which can be the Host National Society, the ICRC or the
International Federation (SA 5.3).
1.4 Movement coordination under a Lead Agency has been functional only
when a satisfactory working relationship has been developed between the
Host National Society, the ICRC and/or the International Federation. All
other components involved in an international operation should support an
increased level of involvement and responsibility of the Host National
Society in the direction and coordination of the operation.
1.5 The Lead Agency function is an organizational tool for managing a
temporary response to a particular set of circumstances and co-exists with
the mandated activities of the Host National Society that it carries at all
times.
1.6 In any international relief operation where the Host National Society is not
the Lead Agency, it will be the primary partner of the institution assuming
that responsibility.
1.7 As a primary partner of the Lead Agency, the Host National Society is
consulted on all aspects of the Movements response within the scope of
Article 1.1 of the Seville Agreement. Consultation between the Lead Agency
and the Host National Society should take place through established
coordination mechanisms that cover the following elements:
a) Analysis of the political, socio-economic and humanitarian environment.
b) Assessment and identification of humanitarian needs.
c) Definition of general objectives of the international relief operation,
determining priorities.
d) Establishment and maintenance of a framework for managing security for all
Movement components.
e) Establishment of an operational strategy for a Movement response, that is
aligned to the general objectives and takes into account available resources.
f) Development of the plan of action relating to priorities of the Movement
response.
g) Description of mechanisms for problem solving.
h) Management of relationships with the authorities as far as the international
relief operation is concerned and
i) Definition of entry and exit strategies for programmes and activities of
various components, including arrangements during transition.
SUPPLEMENTARY MEASURES TO THE SEVILLE AGREEMENT 657

1.8 Article 5.3 of the Seville Agreement clearly defines the assignment of the
Lead Agency role. This expedites a rapid and coherent organization of the
Movements response in favour of victims in situations requiring a Lead
Agency as determined by Article 5.1.
1.9 The framework for a Host National Society assuming the Lead Agency role is
set out in article 6.2 of the Seville Agreement. Within this framework, the
operational capacity required to meet victims needs and the capacities and
capabilities of the Host National Society are taken into account.
1.10 Elements that facilitate assessment of a National Societys capacities and
capabilities in relation to coordination of an international relief operation
within its own territory are:
a) Organizational and management structure of the Host National Society:
The National Society should conform to the standards established for a
Well-Functioning National Society 3 and regularly carry out the process of
National Society Self Assessment
b) Capacities for managing the Movements international relief operation
- Acceptance by and access to all key actors in the given situation.
- National Society coverage of the national territory.
- Operational management, and logistics systems capacities.
- Capacity to manage security systems for National Societies working
internationally.
- Functioning working relations within and outside the Movement.
1.11 When there is a Lead Agency other than the Host National Society, the
operational strategy for the Movement response will be developed in
ongoing and compulsory close consultation and cooperation with the Host
National Society. Other Movement components operational in the context
play a supporting role and are consulted.
1.12 Relief operations in conflict environments are managed differently from
peacetime relief operations. Due consideration needs to be given to the fact
that in situations of armed conflict, internal strife and their direct results (5.1
and 5.2 of SA) there are two institutions (the Host National Society and the
ICRC) with an explicit mandate to meet the needs of the people affected.
Other components of the Movement support and reinforce the national or
multi-lateral response capacities.
1.13 The Lead Agency coordinating an international relief operation in a conflict
environment needs the following additional capacities and abilities:
a) Maintaining relationships and contacts with state and non-state actors that
have an influence on the conflict where the relief operation is conducted.

3 Characteristics of a Well-Functioning National Society, International Federation, May 1994.


658 STATUTES AND REGULATIONS DOC. VII

b) Managing and maintaining a security framework for all Movement


components that are operational within a coordinated Movement approach.
c) Ensuring respect for the rules in force relating to the use of the red cross and
red crescent emblems for protective purposes.
d) Formulating, in consultation with the National Societies concerned, public
statements on the progress of the relief operation.
e) Assuming ultimate responsibility for the international relief operation in
relation to state and non-state parties to the conflict.
1.14 These state and non-state actors may have interests in different populations
and geographical areas. The Lead Agency should always seek to persuade and
assure parties to the conflict that Movement assistance provided is based
entirely on humanitarian needs, which is possible only when all parties to a
conflict accept the Lead Agency as an impartial, neutral and independent
humanitarian actor.
1.15 The organization of international relief operations in peacetime is guided by
the Seville Agreement and by the Principles and Rules for Red Cross and Red
Crescent Disaster Relief. In situations where the Seville Agreement foresees
the Federation to act as the Lead Agency, the Federation is encouraged to
conclude agreements with the Host National Society of the most disaster
prone countries (either by a pre-disaster agreement or an ad hoc agreement)
and, based on pre-disaster assessed or announced capacity and contingency
mapping/planning, to define the respective roles and responsibilities, which
may also include National Societies from other countries and the ICRC.

2. Coordination
2.1 The institution exercising the role of Lead Agency must have the capabilities
and competencies required to carry out the general direction and
coordination of the international operational activities 4 that the Seville
Agreement envisages. Management and coordination systems for a
Movement humanitarian response have to encompass the national working
environment, international aid flows and international relations.
2.2 The main focus of the Lead Agency is on direction and coordination, with
the requirement to establish appropriate mechanisms for consultation
(SA 4.5) with other Movement components. Other components of the
Movement have to accept and abide by rules and procedures thus
established. In order to promote a coherent framework for Movement
coordination, mechanisms developed must involve all Movement partners
operational in a country (the Host National Society, the ICRC, the
International Federation and National Societies working internationally).

4 Seville Agreement Part I, Article 4, B), 4.3.


SUPPLEMENTARY MEASURES TO THE SEVILLE AGREEMENT 659

2.3 Coordination mechanisms will be established and take the form of regular
meetings, chaired by the Lead Agency, between the various components of
the Movement that are operational in a country (the Host National Society,
the ICRC, the Federation and National Societies working internationally).
2.4 Such meetings must provide the necessary framework for strategic decision-
making and for coordination of operational activities; they might be held at
various levels (senior management and implementation levels) depending
on the complexity of the operation.
2.5 All decisions taken at such meetings must be rapidly recorded and
communicated to all the partners involved for implementation, which will be
monitored by the coordination mechanisms.5
2.6 It is recommended that Movement coordination mechanisms be established
in all circumstances where various components of the Movement are present
and contribute to operations in a given country. This means that such
coordination mechanisms apply also in normal and non-emergency
situations to ensure effectiveness and results within Movement cooperation.
This would facilitate cooperation and dialogue at the entry and exit points
of the Lead Agency role (transition) and help clarify longer-term
coordination of the international activities of Movement components.
2.7 Procedures for engagement of other Movement components are to be
established by the Lead Agency in cooperation with the Host National
Society, based on the following sequence of steps:
a) Expressions of interest for participation based on the operational plan and
priorities communicated to potential partners.
b) Determination of partners motivation and interest in participating.
c) Interests of the Host National Society: proximity, existing partnerships,
potential for long-term engagement.
d) Specific proposals by potential partners, special skills and resources
available.
e) Decision by the Lead Agency in cooperation with the Host National Society
and in consultation with the prospective partners.
f) MoU or similar agreement(s) defining aims and objectives, roles and
responsibilities, resources (human and financial), monitoring and reporting
arrangements along with problem-solving mechanisms.
2.8 The Lead Agency needs to have a system to identify and disseminate best
practices about coordination and procedures of engagement.

5 Practical examples include the coordination mechanisms developed for Russia in 2000, the Balkans
operation in 1999, the Macedonia operation in 2000, the Sudan operation in 2004 and the Tsunami
operation in 2005.
660 STATUTES AND REGULATIONS DOC. VII

Equally relevant for purposes of coordination are the following sections,


3 through 5 respectively.

3. Memoranda of Understanding (MoU)


3.1 Memoranda of Understanding (MoU) regarding respective roles and
responsibilities at country level need to be established whenever there are
various components working in a given country, in order to promote
coherent working practice and understanding of the roles and
responsibilities already elaborated in the Statutes of the Movement and the
Seville Agreement.
3.2 Experience in recent operations6 demonstrates the tremendous value of pre-
agreed MoUs between the Host National Society, the ICRC and the
Federation. The process of negotiating such MoUs presents an opportunity
to develop stronger working relationships between the parties, stronger
working knowledge of each others capacities, systems and tools. MoUs can
be seen as preparedness measures that anticipate the changed roles and
responsibilities applied in emergency situations.
3.3 The Host National Society, the ICRC and the Federation will jointly ensure
that this tool is elaborated in a process of adequate consultation and that
other National Societies concerned participate and sign.
3.4 Such MoU will contain respective roles and responsibilities for functional
cooperation in normal circumstances and for situations where there is a
need for an international relief operation in line with the Seville Agreement.
3.5 MoUs and CAS (Cooperation Agreement Strategies) processes should
ideally complement each other with the objective of ensuring more effective
cooperation and coordination at all times.

4. Neighbouring National Societies and National Societies working


internationally
4.1 The Statutes of the Movement foresee the following role for National
Societies working internationally: ... each within the limits of its resources,
give assistance for victims of armed conflicts, as provided in the Geneva
Conventions, and for victims of natural disasters and other emergencies.
Such assistance, in the form of services and personnel, of material, financial
and moral support, shall be given through the National Societies concerned,
the ICRC or the Federation (Movement Statutes, Article 3.3).
4.2 In the planning of any Movement operation, all components, such as
neighbouring National Societies, other Societies working internationally and

6 Sudan 2004, Nepal 2004, Sri Lanka 2004, Indonesia 2004


SUPPLEMENTARY MEASURES TO THE SEVILLE AGREEMENT 661

the ICRC/Federation (as the case may be) should be given the opportunity to
participate in the operation, in the spirit of the preamble of the Seville
Agreement. All components must support the objectives and priorities set by
the Lead Agency (in full consultation with the Host National Society as its
primary partner, if it is not the Lead Agency). Furthermore, all
components participating have the obligation to fully engage in and support
the coordination mechanisms established.
4.3 The situation of mutual responsibilities between neighbouring National
Societies within regional frameworks needs to be addressed recognizing that
there are normal and logical relationships because of culture and language
and other common denominators on this specific level.
4.4 Regional networks can play a vital role in support of Movement operations.
The International Federation is called upon to coordinate cooperation
between National Societies in various regions and to facilitate sub-regional
pre-agreements as a preparedness measure in case of emergencies in
peacetime requiring international assistance. The ICRC may also be party to
such agreements.
4.5 The National Societies working in accordance with the Seville Agreement
could provide a permanent forum for coordination and planning in their
bordering regions for improved preparedness for any emergency. Plans of
mutual assistance and specific protocols for response and recovery should be
established taking due account of the Seville Agreement as well as of the
Principles and Rules for Red Cross and Red Crescent Disaster Relief and
specifying the main actors responsible for coordination. Regional capacities
should focus on monitoring humanitarian needs and provide early warning
systems for possible interventions required. Regional cooperation processes
should be supported by other components.
4.6 According to the Seville Agreement, all international resources for an
emergency operation channelled in whatever way, and regardless through
which institution, are to be considered part of the overall coordinated
approach of the Movement. In the interest of effectiveness and coherence,
National Societies must avoid unilateral and uncoordinated bilateral action.
4.7 Wherever regional networks of National Societies exist, possibly with pre-
negotiated cooperation agreements, they should be called upon to perform
activities in support of the objectives and priorities set for a Movement
operation.

5. Transition
5.1 Transition of responsibilities for management of resources linked to the
Movement response must be based on an analysis and monitoring of
developments in the context. Such an analysis must be done and discussed in
662 STATUTES AND REGULATIONS DOC. VII

the regular coordination meetings between all parties involved the Host
National Society, the ICRC and/or the Federation and National Societies
working internationally.
5.2 During transition, moving from a crisis situation through recovery and
rehabilitation towards a situation of normalcy, established coordination
mechanisms and agreements between components involved during the
operation shall, as a rule, be maintained.
5.3 The Lead Agency in consultation with the Host National Society (if it is not
the Lead Agency) is responsible for negotiations on any modifications or
changes to established mechanisms and agreements.
5.4 Entry and exit strategies for programmes and other activities of Movement
components in the context are to be defined in consultation between the
Lead Agency and the Host National Society.
5.5 The decision to terminate the Lead Agency function will be made by the
incumbent Lead Agency, in consultation with the Host National Society (if it
is not the Lead Agency) and with the other components operationally
involved in the context.
5.6 The transition process from a Lead Agency in charge to the Host National
Society taking over the role should be formalized in a Memorandum of
Understanding for Development Cooperation (MoUDC) as a framework for
capacity building support.

6. Problem solving
6.1 The overall plan established for the operation by the Lead Agency in
consultation with the Host National Society (if it is not the Lead Agency)
should include problem-solving mechanisms.
6.2 Problems regarding the implementation of the Seville Agreement should be
clearly identified in the field and addressed there with the institution(s) or
individuals concerned.
6.3 The various institutions of the Movement working in the field should ensure
that their personnel in charge on the ground have as far as possible the
competency and the mandate to take decisions to resolve problems arising in
the country of operation.
6.4 The institution assuming the role of Lead Agency in the country of operation
is responsible for ensuring that the issues are concretely defined and put
across, with proposals for resolving them in the field. Such efforts are to be
clearly documented in writing.
6.5 Problems arising in the field, which failed to be resolved there, in spite of
being adequately addressed by clearly documented efforts, will be brought to
SUPPLEMENTARY MEASURES TO THE SEVILLE AGREEMENT 663

the respective headquarters of the concerned Movement components


working internationally.
6.6 The senior managers in charge of operations in the institutions working in
the field will examine the case on the basis of the documentation and
information provided, and will take the necessary decision. Such decisions
will be communicated to the country of operation for implementation.
6.7 Article 10 of the Seville Agreement provides for monitoring of
implementation of the Seville Agreement and for arbitration mechanisms to
address differences that cannot be otherwise resolved. The provisions on
monitoring and reporting on the implementation of the Agreement need to
be used more effectively and in a more systematic manner to enable regular
and rigorous reviews, as well as early corrective action in case of difficulties
encountered.
6.8 Repeated failures of compliance with the Seville Agreement by any
component of the Movement in carrying out its agreed role and
responsibilities having consequences on the coherence, image and reputation
of the action of the Red Cross and Red Crescent in the field will be initially
addressed as outlined above. Pending on the circumstances, such cases may
be considered as cases where integrity is at issue.

7. Enhancing knowledge of the Agreement


7.1 Training is an essential element in building a spirit of cooperation and better
understanding of policies and rules. To increase the role of the Seville
Agreement as the catalyst for a collaborative spirit (see the Preamble of the
Agreement), training should reach the widest possible group of people at all
levels in all components of the Movement and not only those that are/could
be involved in relief operations.
7.2 Training needs to focus on accountability within each component with due
respect for the rules and on the particular duty of governance to monitor
managements compliance with obligations resulting from the Agreement.
7.3 The ICRC and the International Federation, with the involvement of
National Societies, will establish standard training modules which
differentiate between a basic training programme accessible for all staff and
volunteers and a training programme about operational management for
those likely to be directly involved in the coordination of international
activities. Such training modules will adequately address the specificity of
working in situations of conflict and internal disturbances.
7.4 National Societies, the ICRC and the International Federation will organize joint
training sessions for their staff and volunteers concerned at implementation,
management and governance levels of their respective institutions.
664 STATUTES AND REGULATIONS DOC. VII

7.5 Such training sessions should, whenever possible, be conducted jointly and
on a regular basis in order to ensure that new governance, personnel and
volunteers have adequate knowledge of the Agreement.
7.6 The International Federation and the ICRC will offer assistance to National
Societies in organizing such training sessions, involving participants from all
the different components of the Movement.
7.7 The relevance of the Seville Agreement should be confirmed in policies, rules
and regulations within the Movement.
VIII

RULES OF PROCEDURE OF THE STANDING COMMISSION


OF THE RED CROSS AND RED CRESCENT

(Adopted on 6 October 1983, adapted to


the new Statutes of the Movement in April 1987,
amended on 30 June 1997 and on 26 October 2000)

Rule 1 General Provisions ................................................................... 666


Rule 2 Members.................................................................................... 666
Rule 3 The Chairperson....................................................................... 667
Rule 4 Invited persons ......................................................................... 667
Rule 5 Convocation and meetings...................................................... 667
Rule 6 Headquarters ............................................................................ 668
Rule 7 Proceedings of the Commission ............................................. 668
Rule 8 Promotion of harmony in the Movement .............................. 669
Rule 9 Secretariat ................................................................................. 669
Rule 10 Languages.................................................................................. 670
Rule 11 Expenses .................................................................................... 670
Rule 12 Amendments of Rules of Procedure....................................... 670
VIII
RULES OF PROCEDURE OF THE STANDING COMMISSION
OF THE RED CROSS AND RED CRESCENT

(Adopted on 6 October 1983, adapted to


the new Statutes of the Movement in April 1987,
amended on 30 June 1997 and on 26 October 2000)

General Provisions

RULE 1
1.1 The Standing Commission of the Red Cross and Red Crescent (hereinafter
called: the Commission) has drawn up its Rules of Procedure (hereinafter
called: these Rules), as defined in Article 19 para. 6 of the Statutes of the
International Red Cross and Red Crescent Movement (hereinafter called:
the Movement).
1.2 The objective of these Rules is to determine the working procedures of the
Commission.

Members

RULE 2
2.1 The Commission shall comprise nine members, elected and appointed in
accordance with Article 17 of the Statutes of the Movement.
2.2 Should any member representative of the International Federation or of the
ICRC be unable to attend a meeting of the Commission s/he may appoint a
substitute for that meeting provided that the substitute is not a member of
the Commission [Article 17.2 of the Statutes of the Movement].
2.3 Should any vacancy occur among the elected members, the Commission
itself shall appoint as a member the candidate who, at the previous election,
obtained the greatest number of votes without being elected, provided that
the person concerned is not a member of the same National Society as an
existing elected member. In case of a tie, the principle of fair geographical
distribution shall be the deciding factor [Article 17.2 of the Statutes].
RULES OF PROCEDURE OF THE STANDING COMMISSION 667

The Chairperson

RULE 3
3.1 Immediately after the election of the members of the Commission, the
Chairperson of the Conference shall convene the members of the new
Commission who are present. These members shall elect, in accordance with
article 19.5 of the Statutes and at this first meeting, a Chairperson and a Vice-
Chairperson who traditionally are from among the Commissions elected
members.
3.2 The Chairperson shall convene the meetings, establish their provisional
agendas and conduct the proceedings of the meetings.
3.3 The Chairperson shall maintain direct contact with the President of the
ICRC and the President of the International Federation.
3.4 Should the Chairperson be unable to attend a meeting, s/he shall entrust the
Vice-Chairperson of the Commission with full powers as his/her substitute.

Invited persons

RULE 4
4.1 When the Commission is discussing any matter for which it requires the
attendance of experts, the Chairperson may, on his/her own initiative, invite
such experts to the relevant meeting or meetings of the Commission without
previously consulting the Commission.
4.2 The experts so invited will have access to the relevant documents and may
intervene in the matter under discussion.
4.3 Under the relevant agenda item, the Commission shall invite to its meetings, in
an advisory capacity and at least one year before the International Conference
is to meet, a representative of the host organisation of the next International
Conference, as well as the Conferences Commissioner, if one is appointed.
4.4 The Chairperson may be assisted during the Commissions meetings by
his/her own expert.
4.5 One expert of the ICRC and one of the International Federation may also
attend the meetings.

Convocation and meetings

RULE 5
5.1 The Standing Commission shall hold an ordinary meeting at least twice
yearly. It shall hold an extraordinary meeting when convened by its
668 STATUTES AND REGULATIONS DOC. VIII

Chairperson, either acting on his/her own initiative or at the request of three


of its members [Article 19.1 of the Statutes]. Such an extraordinary meeting
can be held through the use of telecommunications, provided it allows for the
full participation of all members.
5.2 The members of the Commission shall have the right to propose to the
Chairperson, in good time, items for inclusion on the agenda.
5.3 The letter of convocation for each meeting and the provisional agenda shall
be sent by the Secretary at least six weeks before the following ordinary
meeting. The Secretary shall send the meetings documents in all working
languages, with a view that the members shall receive them not later that two
weeks before the meeting begins.

Headquarters

RULE 6
6.1 The Standing Commission shall have its headquarters in Geneva. It may
meet in another place selected by its Chairman and approved by the majority
of its members [Article 19.2 of the Statutes].

Proceedings of the Commission

RULE 7
7.1 The Chairperson shall open the meeting and ascertain that there is a
quorum. S/He shall conduct the meeting.
7.2 To be valid, the deliberations of the Commission shall require a quorum of
five members.
7.3 The Chairperson may request any member of the Commission to present
specific items on the agenda.
7.4 The members of the Commission may intervene in discussion of items in the
order of their appearance on the agenda and with the Chairpersons
permission. The members presenting items on the agenda have the right to
reply to the comments made, before closure of the discussion.
7.5 As a general rule, the Commission shall seek to obtain a consensus in its
decisions. The Chairperson may call for a vote if there is no consensus. In this
case the members of the Commission shall decide by open vote and simple
majority.
7.6 In exceptional circumstances the Chairperson can propose a decision in
writing, after consultation with the members. Such a decision should be
signed by all the members. It shall be as valid as if it had been passed at a
meeting of the Commission.
RULES OF PROCEDURE OF THE STANDING COMMISSION 669

7.7 As a general rule the Commission shall inform regularly the components of
the Movement on its work and its decisions, except on confidential matters.

Promotion of harmony in the Movement

RULE 8
8.1 The Standing Commission shall promote harmony in the work of the
Movement and, in this connection, coordination among its components
[Article 18.3.a) of the Statutes]. In order to fulfil this obligation, the
Commission may establish ad hoc bodies on substantive issues which will
report to the Commission for decision.
8.2 The Commission shall support and encourage the implementation of the
resolutions of the International Conference and the Council of Delegates.
8.3 Any member of the Commission may bring to the attention of the
Commission infringements of the Movements Fundamental Principles by
any of the components of the Movement.
8.4 Unsettled differences of opinion as to the interpretation and application of
the Statutes and Rules of Procedure of the Movement shall be dealt with by
the Commission without delay.

Secretariat

RULE 9
9.1 The Commission shall be assisted by an independent Secretariat located in
Geneva.
9.2. The Chairperson, after consultation with the members of the Commission,
shall appoint a Secretary responsible for the execution of the work entrusted
to the Secretariat.
9.3 The Secretariat shall carry out his/her function under the responsibility of
the Chairperson. S/He shall assist the Chairperson in the execution of the
tasks allocated to the Commission and to the ad hoc working groups it has
established.
9.4 The Secretary shall maintain close contact with the ICRC and the
International Federation on all appropriate levels and is entitled to
participate in all meetings as established by agreement between the ICRC
and the International Federation. S/He shall report immediately to the
Chairperson whenever required.
9.5 The Secretary shall coordinate the work of the Commissions ad hoc bodies.
670 STATUTES AND REGULATIONS DOC. VIII

9.6 In consultation with the Chairperson the Secretary shall prepare the annual
budget and the financial report which shall be submitted to the Commission
for final decision.
9.7 The minutes of the meetings of the Commission shall be prepared by the
Secretary. The draft shall be established within six weeks after the meeting and
shall be sent by email, fax or regular mail to the members for comments. The
minutes shall be adopted at the next meeting of the Commission. The minutes
are confidential and shall not be distributed outside the Commission.
9.8 The Secretary shall be responsible for keeping the Commissions archives, to
which all members of the Commission shall have access on request.
9.9 The Secretary may take on extra staff with the agreement of the Chairperson
and in accordance with the approved budget.

Languages

RULE 10
10.1 The working languages of the Commissions meetings shall be those of the
International Conference of the Red Cross and Red Crescent. By agreement
of the members at each new session of the Standing Commission, the
working languages can be reduced.
10.2 Any member wishing to speak and/or submit a document in a language
which is not a working language shall arrange for its interpretation and/or
translation into one of the working languages at his/her expense.
10.3 The ad hoc groups will meet, to the extent possible, in one of the Commissions
working languages, but will submit its reports in all working languages.

Expenses

RULE 11
11.1 The International Committee and the International Federation shall jointly
defray the expenses incurred by the Commission as per the budget adopted
in conformity with rule 9.6.

Amendments of Rules of Procedure

RULE 12
12.1 Any member of the Commission may prepare amendments of the present
Rules of Procedure. Such proposals shall be considered in an ordinary
meeting of the Commission, in accordance with rule 7.5.
IX

REGULATIONS ON THE USE OF THE EMBLEM OF THE RED CROSS OR


THE RED CRESCENT BY THE NATIONAL SOCIETIES

Adopted by the 20th Red Cross and Red Crescent International Conference
(Vienna, 1965)
and revised by the Council of Delegates (Budapest, 1991)

Preamble............................................................................................................ 673

Introduction...................................................................................................... 674
1. Purpose of the Regulations........................................................ 674
2. Legal basis .................................................................................. 674
3. Field of application .................................................................... 674
4. Contents of the Regulations....................................................... 674

CHAPTER I
General rules
Article 1 Purposes of the emblem ............................................................ 675
Article 2 Competence of the National Society ......................................... 675
Article 3 Prestige and respect of the emblem........................................... 675
Article 4 Distinction between the two uses.............................................. 676
Article 5 Design of the emblem................................................................ 676
Article 6 Visibility of the emblem used as a protective device ................ 677
Article 7 Internal regulations of the National Society ............................. 677

CHAPTER II
Protective use of the emblem

SECTION 1 GENERAL PRINCIPLE


Article 8 Consent of the Authority
and conditions governing the use of the emblem ..................... 678

SECTION 2 PERSONS
Article 9 Medical personnel of the National Society ............................... 679
672 CONTENTS

SECTION 3 OBJECTS
Article 10 Medical units and transports of the National Society .............. 680
Article 11 Specific rules for marking.......................................................... 680
Article 12 Optional distinctive signals ....................................................... 681
Article 13 Marking already in time of peace.............................................. 681

SECTION 4 SPECIFIC RULES


Article 14 Simultaneous use of the emblem as a protective
and as an indicative device ........................................................ 681
Article 15 National Society of a neutral
or other State not Party to the conflict ...................................... 682

CHAPTER III
Indicative use of the emblem

SECTION 1 PERSONS
Article 16 Members and employees of the National Society ..................... 682
Article 17 Members of the Red Cross or Red Crescent Youth ................... 683
Article 18 Other persons authorized by the National Society
to wear the emblem.................................................................... 683

SECTION 2 OBJECTS
Article 19 Buildings and premises used by the National Society .............. 683
Article 20 Buildings and premises belonging
to the National Society, not occupied by it................................ 684
Article 21 Hospitals, aid stations and means of transportation
of the National Society............................................................... 684
Article 22 Aid stations and ambulances run or used by third parties....... 684

SECTION 3 DISSEMINATION AND FUND-RAISING


Article 23 Campaigns and events organized by the National Society ....... 685
Article 24 Requests by third parties to use the emblem ............................ 689

SECTION 4 SPECIFIC RULES


Article 25 Cooperation with other organizations ...................................... 690
Article 26 Medals and other tokens of acknowledgement......................... 690
Article 27 Relief consignments................................................................... 690
IX
REGULATIONS ON THE USE OF THE EMBLEM
OF THE RED CROSS OR THE RED CRESCENT
BY THE NATIONAL SOCIETIES

PREAMBLE
The Regulations on the Use of the Emblem of the Red Cross or the Red Crescent
by the National Societies, adopted by the 20th International Conference in Vienna
in 1965, were revised by the Council of Delegates in Budapest in November 1991.
After the postponement of the 26th International Conference, the ICRC submitted
the text of the present Regulations to all the States party to the Geneva
Conventions, inviting them to inform it within a period of six months of any
objections they might have. No amendments having been submitted, the
Regulations therefore came into force at the end of that period.
The main rules governing the use of the emblem are contained in the Geneva
Conventions and many countries have made them part of their national legislation,
chiefly to be able to repress any misuse of the emblem. The Regulations specify the
various conditions governing the use of the emblem by National Societies and their
members in greater detail.
One of the purposes of revising the Regulations in 1991 was to enable the
National Societies to diversify and expand their sources of income, without
prejudice to the respect due to the emblem and the name of the red cross or red
crescent.
The ICRC stressed that the Regulations were in accordance with the law. While
it considers that the scope allowed by the revised version is as wide as it possibly
can be within the framework of the Geneva Conventions, it nonetheless finds this
broad interpretation of them acceptable. There is however, nothing to prevent
National Societies from setting narrower limits if they so wish.
674 STATUTES AND REGULATIONS DOC. IX

INTRODUCTION

1. Purpose of the Regulations


These Regulations (hereinafter the Regulations) stipulate the various ways the
emblem of the red cross or the red crescent on a white ground may be used by the
National Societies, in keeping with the provisions of international humanitarian
law and the Fundamental Principles of the International Red Cross and Red
Crescent Movement (hereinafter the Movement).

2. Legal basis
The Regulations are based on the Geneva Conventions of 12 August 1949,
mainly on the First Convention (Convention for the amelioration of the condition
of the wounded and sick in armed forces in the field) and, for certain provisions, on
Protocol I of 8 June 1977 additional to the Geneva Conventions, relative to the
protection of victims of international armed conflicts.
Article 44 of the First Geneva Convention of 12 August 1949 makes the
distinction between the protective use and the indicative use of the emblem and
outlines the general rules governing the two uses.
Protocol I extends the protective use of the emblem by giving to the competent
State authority (hereinafter the Authority) the possibility of granting such use to
categories of persons and objects not covered by the 1949 Conventions. It further
introduces the possibility of using distinctive visual, acoustic or electronic signals.

3. Field of application
The Regulations apply to all National Red Cross or Red Crescent Societies. They
develop Article 44 of the First Convention which sets out the obligations of the
National Societies with regard to the emblem. The limits they impose on the lawful
use of the emblem must therefore be respected, but this does not prevent the
National Societies from laying down stricter rules.
When Protocol I is applicable, certain provisions of the Regulations take on a
broader meaning which concerns the National Society of the State in which
Protocol I is in force; it does not concern the National Society of a State not party
to Protocol I, except with the consent of the Authority.

4. Contents of the Regulations


The Regulations contain one chapter dealing with the protective use of the
emblem and another on its indicative use. The two chapters are preceded by general
rules which should provide guidelines for cases not specifically mentioned in either
chapter.
The articles of the Regulations are usually accompanied by a commentary, in
italics, which refers where necessary to the relevant articles of the Geneva
Conventions and Protocol I.
REGULATIONS ON THE USE OF THE EMBLEM 675

CHAPTER I :

GENERAL RULES

ARTICLE 1
Purposes of the emblem
The protective use of the emblem is meant to mark medical and religious
personnel and equipment which must be respected and protected in armed conflicts.
The indicative use of the emblem serves to show that persons or objects are
linked to the Movement.
There is only one emblem, but it can be used for two different purposes: the first use
of the emblem is as a visible sign of the protection conferred by international
humanitarian law on certain persons and objects, in particular those belonging to or
made available to the Army Medical Service and medical staff from National Red
Cross and Red Crescent Societies and from civil defence organizations (Articles 38 and
44, First Convention; Article 8 [c] of Protocol I). The second use of the emblem
indicates only that persons or objects displaying it are linked to the Movement.

ARTICLE 2
Competence of the National Society
The National Society may use the emblem as a protective device only with the
consent of and in accordance with the conditions laid down by the Authority.
The National Society may make use of the emblem as an indicative device in
peacetime and during armed conflicts within the limits stipulated in national
legislation, the Regulations, and its statutes.
Re paragraph 1: Therefore, the National Society does not have the right to use the
emblem as a protective device merely because it is the National Society. It is up to
States to take the necessary steps to allow and to supervise the protective use of the
emblem. In order to avoid the National Society being caught unprepared in the event
of an armed conflict, the Authority should determine already in peacetime the
National Societys role as auxiliary to the Army Medical Service and its right to use the
emblem for its medical personnel and equipment.

ARTICLE 3
Prestige and respect of the emblem
The National Society may use the emblem only for activities consistent with the
principles set out by International Conferences of the Red Cross and Red Crescent.
It shall ensure at all time that nothing shall tarnish its prestige or reduce the respect
due to the emblem.
676 STATUTES AND REGULATIONS DOC. IX

The principles mentioned, the Fundamental Principles in particular, are those


which give to the Movement its aims and are the basis of its specific action: voluntary
assistance to those who suffer, to the direct and indirect victims of conflicts and of
natural and social disasters. The raison dtre of the Red Cross/Red Crescent is set out
in the Preamble to the Movements Statutes.
National Societies shall refrain from displaying the emblem when carrying out
activities which have only a tenuous connection with their essential mission.

ARTICLE 4
Distinction between the two uses
Any confusion between the protective use and the indicative use of the emblem
must be avoided. In armed conflicts, the National Society which continues its
peacetime activities shall take all the necessary measures to ensure that the emblem
used indicatively, displayed on persons or objects, is seen only as marking their
connection with the National Society and not as conferring the right to protection
under international humanitarian law. In particular, the emblem shall be relatively
small and shall not be placed on armlets or roofs. The National Society shall
endeavour to follow the latter rule in peacetime so as to avoid from the very
beginning of a conflict any confusion with the emblem used as a protective device.
It is not so much the design of the emblem that can lead to confusion as the
circumstances in which it is displayed. Hence, it is particularly in situations in which the
emblem may also be used as a protective device, i.e. in armed conflicts, that it is necessary
to avoid any confusion. In order to obviate this risk, it is recommended that the National
Societies use as an indicative device, already in peacetime, an emblem of relatively small
dimensions. For the same reason, it is further recommended that, also in peacetime, they
refrain from placing the emblem on armlets, roofs or even flags. However, the use of a
large-size emblem is not excluded in certain cases, such as events where it is important
for first-aid workers to be easily identifiable.

ARTICLE 5
Design of the emblem
The emblem used as a protective device shall always retain its original form,
i.e. nothing shall be added either to the cross, the crescent or the white ground. A
cross formed with two cross-pieces, one vertical and the other horizontal crossing
in the middle, shall be used. The shape and direction of the crescent are not
regulated. Neither the cross nor the crescent shall touch the edges of the flag or the
shield. The shade of the red is not specified. The ground shall always be white.
The emblem used indicatively shall be accompanied by the name or initials of
the National Society. There shall be no drawing or writing on the cross or the
crescent which shall always be the dominant element of the emblem. The ground
shall always be white.
REGULATIONS ON THE USE OF THE EMBLEM 677

Use of the emblem for decorative purposes is permitted, within the limits of
Article 3, on the occasion of public events or on material intended to promote the
National Society and the Movement, such as films, publications, medals or other
tokens of acknowledgement. For such use a freer design is permitted, provided that
national legislation does not prohibit it. Moreover, the emblem used as an
indicative device should as far as possible be displayed together with the decorative
design.
Re paragraph 1: The design of the emblem must be clear so that persons and
objects with the right to use it can be easily identified and thus effectively protected.
Protection, however, does not depend on the emblem: a protected person not marked
or badly marked obviously does not lose his right to protection because of this.
Re paragraphs 2 and 3: A distinction must be made between the indicative use
showing that a person or an object is linked to the Society, in which case strict design
is essential, and indicative use for the purpose of promoting the National Society and
the Movement, in which case a freer design is permitted if it is not prejudicial to the
prestige of the emblem. With regard to the latter case, it is up to the National Society
to decide, depending on the national legislation and the national context, whether it
is possible or advisable to authorize such use. The freer design may consist, for
example, of a red cross set with gold, a crescent with graded shades of red, a cross cut
out, or an emblem with a motif. The Society shall not display such a design on the
buildings it uses or on its letterhead, as these are typical cases of indicative use.

ARTICLE 6
Visibility of the emblem used as a protective device
The emblem used as a protective device must be identifiable from as far away as
possible. It shall be as large as necessary under the circumstances. At night or when
visibility is reduced, it may be lighted or illuminated. It shall as far as possible be
made of materials rendering it recognizable by technical means of detection and
displayed on flags or flat surfaces visible from as many directions as possible,
including from the air.

ARTICLE 7
Internal regulations of the National Society
The National Society shall lay down the conditions governing the use of the
emblem in regulations or internal directives.
The regulations or directives may consist, for example, of:
A. Concerning the protective use of the emblem:
- the reference to the national legislation on the subject and to the Regulations;
- the indication of the competent authorities who can authorize the use of the
emblem;
678 STATUTES AND REGULATIONS DOC. IX

- the list of steps to be taken at the beginning of a conflict to avoid any confusion
with the indicative use of the emblem;
- the conditions governing the use of the emblem for persons and objects of the
National Society.
B. Concerning the indicative use of the emblem:
- the reference to the national legislation on the subject and to the Regulations;
- the conditions governing the use of the emblem by members of the National
Society and by members of the Red Cross or Red Crescent Youth;
- the mention of other persons not members of the National Society but trained by
it and authorized to wear the emblem;
- the list of aid stations and ambulances run by third parties authorized to use the
emblem;
- the dimensions and proportions of the emblem;
- details concerning the use of the emblem for fund-raising and dissemination
purposes and on medals or other tokens of acknowledgement;
- the rules governing the documents carried by persons to justify their use of the
emblem, or persons in charge of objects marked with the emblem.

CHAPTER II

PROTECTIVE USE OF THE EMBLEM

SECTION I : GENERAL PRINCIPLE

ARTICLE 8
Consent of the Authority and conditions governing the use of the emblem
Before using the emblem as a protective device the National Society must receive
permission from the Authority and with it lay down the rules governing its use. The
National Society shall take the necessary measures to see that its members respect
those rules and to avoid any confusion with the indicative use of the emblem.
The National Society shall endeavour already in peacetime to lay down with the
Authority rules governing the protective use of the emblem, in the event of armed
REGULATIONS ON THE USE OF THE EMBLEM 679

conflict, by its medical personnel and on its medical equipment. Regarding the risk of
confusion, see Article 4 above.
In cases where it is not practically possible for the Authority to give its permission
(for example, in the event of serious disturbances), and where there is an obvious and
urgent need for humanitarian measures, the National Society may act on the
assumption that such permission has been granted. This is because the principle of
humanity requires action to be taken. Furthermore, the National Society need fear no
penalty under international law as the essential purpose of international law is to
serve mankind; faced with a glaring need for humanitarian action, a formal obstacle
such as that mentioned above must not be allowed to block an initiative that so clearly
corresponds to the spirit of the law. These points apply to Articles 8 to 10 of the present
Regulations.

SECTION 2 : PERSONS

ARTICLE 9
Medical personnel of the National Society
The medical personnel of the National Society authorized to wear the emblem
as a protective device shall display it during the discharge of their duties in a
manner ensuring optimum visibility.
In evidence of their status, such personnel shall carry identity cards issued by
the Authority.
Re paragraph 1: Medical personnel status is granted to the National Society
personnel when it is placed at the disposal of the Army Medical Service (Article 26,
First Convention) and when, in the discharge of its tasks, it is regularly and solely
engaged in the operation and administration of civilian hospitals (Article 20, Fourth
Convention).
Protocol I gives the Authority the possibility of granting the right to use the emblem
as a protective device to all civil medical personnel, which can thus include National
Society medical personnel not covered by the 1949 Conventions. A definition of
medical personnel is set out in Article 8, subparagraph (c) of Protocol I.
Special emphasis must be put on the visibility of the emblem, particularly when the
emblem is worn in occupied territories and areas where fighting has broken out or
seems about to break out. See also Article 6 above.
Re paragraph 2: See Articles 40 and 41 and Annex II, First Convention, and
Article 18, paragraph 3, Protocol I and Articles 1 and 2 of Annex I to Protocol I. The
National Society shall, if necessary, remind the Authority of its duty to issue such
identity cards to the Societys medical personnel.
680 STATUTES AND REGULATIONS DOC. IX

SECTION 3 : OBJECTS

ARTICLE 10
Medical units and transports of the National Society
The medical units and transports of the National Society authorized by the
Authority to display the emblem as a protective device shall do so in a manner
ensuring optimum visibility.
In the Conventions, the medical units and transports include medical units
and establishments, medical buildings, medical equipment and transports
(see Chapters III, V and VI of the First Convention). With regard to the National
Society, these include hospitals, ambulances, hospital ships, aircraft and stores of
medical material when placed at the disposal of the Army Medical Service, as well
as civilian hospitals belonging to it, when these have been recognized as such and
authorized by the Authority to display the emblem (see Article 18 of the Fourth
Convention).
Protocol I gives the Authority the possibility of granting the right to use the
emblem as a protective device to all civilian medical units and means of medical
transport, which can therefore include National Society medical units and means
of medical transport not covered by the 1949 Geneva Conventions. A definition of
medical units, medical transport and means of medical transport is set out in
Article 8, subparagraphs (e), (f) and (g) of Protocol I.
Detailed comments on the visibility of the emblem are contained in Article 42 of
the First Convention and Chapter II of Annex I to Protocol I. See also Article 6 above.

ARTICLE 11
Specific rules for marking
Hospital ships and coastal rescue craft of the National Society shall marked with
the emblem as provided for in Article 43 of the Second Geneva Convention of 1949.
Medical aircraft of the National Society shall be marked in conformity with
Article 36 of the First Convention.
Re paragraph 1: Hospital ships and coastal rescue craft (or rescue craft, as they
are referred to nowadays since, being often of large tonnage and long range, they may
operate far from the coast) must carry a document from the Authority declaring that
they were under its control when they were being fitted out or when they set sail. Their
names and characteristics must be communicated to all the parties to the conflict.
These hospital ships and rescue craft are exempt from capture. More detailed rules for
marking are set out in Article 43 of the Second Convention. See also Articles 22 to 35
of the Second Convention and Articles 3 to 11 of Annex I to Protocol I.
Moreover, in accordance with Article 23 of Protocol I, other ships and craft of the
National Society used temporarily or permanently for medical purposes shall be
REGULATIONS ON THE USE OF THE EMBLEM 681

marked in conformity with the provisions of Article 43, paragraph 2, of the Second
Convention. These ships and craft are not exempt from capture.
Re paragraph 2: The relevant provisions are Articles 36 of the First Convention,
39 of the Second Convention, 22 of the Fourth Convention, Articles 24 to 31 of
Protocol I, and 5 to 13 of Annex I to Protocol I.

ARTICLE 12
Optional distinctive signals
With the consent of the Authority, in addition to the emblem, the National
Society may make its medical units and transports identifiable by the recognized
optional distinctive signals, namely, the blue light signal, the radio signal and
electronic means of identification.
The regulations on distinctive signals can be found in:
- Annex I of Protocol I, Articles 5 to 8;
- Document 9051 (blue lights) of the Airworthiness Technical Manual issued by
the International Civil Aviation Organization (ICAO);
- Section II of Article 40 and Section III of Article N 40 (medical transport) of the
Radio Regulations issued by the International Telecommunication Union (ITU);
- Chapter XIV of the International Code of Signals issued by the International
Maritime Organization (IMO).

ARTICLE 13
Marking already in time of peace
With the consent of the Authority, the National Society may, already in time of
peace, use the emblem and optional distinctive signals to identify units and
transports whose assignment to medical purposes in the event of an armed conflict
is definitively decided.

SECTION 4 : SPECIFIC RULES

ARTICLE 14
Simultaneous use of the emblem as a protective and as an indicative device
Unless otherwise directed by the Authority, the National Society may authorize
its members to display the emblem as an indicative device, together with its name,
simultaneously with the emblem used as a protective device.
682 STATUTES AND REGULATIONS DOC. IX

Under the same conditions, the objects placed at the disposal of the Authority
may also bear the emblem with the name of the Society.
In such cases, the emblem used as an indicative device and the name of the
National Society must be of small dimensions.

ARTICLE 15
National Society of a neutral or other State not Party to the conflict
The National Society of a neutral or other State not Party to the conflict that
intends to provide medical personnel or objects to any Party to an armed conflict
must obtain prior consent from the said Party and from its own State authorities.
The rules governing the protective use of the emblem must be established by the
said Party to the conflict. The said persons and objects may display the emblem
from the moment of their departure on mission.
See on this point Article 27, First Convention.

CHAPTER III

INDICATIVE USE OF THE EMBLEM

SECTION I : PERSONS

ARTICLE 16
Members and employees of the National Society
The members and the employees of the National Society may wear the emblem,
usually of small dimensions, when on duty.
When not on duty, members may only wear an emblem of very small
dimensions, for example, in the form of a brooch or a badge.
Save in exceptional circumstances, the emblem shall be accompanied by the
name or initials of the National Society.
Re paragraph 1: Although in its indicative use the emblem is usually of small
dimensions, it may at times be of large dimensions, especially when meant to allow
easy identification of first-aid workers (see Article 4 above and its commentary).
REGULATIONS ON THE USE OF THE EMBLEM 683

Re paragraph 2: In this case the emblem must be of very small dimensions because
its use is not related to any specific activity carried out on behalf of the Society.
Re paragraph 3: As a general rule volunteers should be identifiable as members
of the National Society. However, in some cases they should be allowed to forego use of
the name or initials of the Society alongside the emblem, for example during internal
disturbances when such markings may hinder their work.

ARTICLE 17
Members of the Red Cross or Red Crescent Youth
Article 16 above is applicable. The emblem shall be accompanied by the words
Red Cross Youth or Red Crescent Youth or the initials RCY.

ARTICLE 18
Other persons authorized by the National Society to wear the emblem
The National Society may authorize, under the conditions laid down in its own
internal regulations, persons who are not members of the National Society but have
taken its courses or passed its exams to wear an emblem of very small dimensions
and accompanied by the name or the initials of the National Society, for example,
in the form of a brooch or a badge.
These persons are usually first-aid workers or nurses thus brought to the
attention of the public.

SECTION 2 : OBJECTS

ARTICLE 19
Buildings and premises used by the National Society
The emblem, accompanied by the name of the National Society, may be displayed
on the buildings and premises used by the Society, whether or not they belong to it.
When only part of the buildings is used by the National Society, the emblem
may be displayed only on the part which it occupies.
The emblem shall be of relatively small dimensions and shall not be displayed
on the roof, in order to avoid, in the event of armed conflict, any confusion with the
emblem used as a protective device.
Re paragraph 2: When the National Society shares a building with other persons
or societies, it shall ensure that the activities of its neighbours are not indirectly
detrimental to the prestige of the emblem.
Re paragraph 3: Regarding the risk of confusion, see Article 4 above.
684 STATUTES AND REGULATIONS DOC. IX

ARTICLE 20
Buildings and premises belonging to the National Society, not occupied by it
The National Society shall not mark with the emblem buildings or premises
belonging to it, not occupied by it but which it rents or lends to third parties.

ARTICLE 21
Hospitals, aid stations 1 and means of transportation of the National Society
The emblem, accompanied by the name of the National Society, may figure on
hospitals and aid stations run by the Society and on the means of transportation,
especially ambulances, used by its members and employees. Subject to Article 13,
the emblem so used shall be of relatively small dimensions in order to avoid, in the
event of armed conflict, confusion with the emblem used as a protective device.
With regard to hospitals, it should be noted that the indicative use of the emblem
is reserved exclusively for hospitals of the National Society, not forgetting, however,
that those hospitals which the Authority intends to authorize to display the emblem as
a protective device in time of armed conflict may with the consent of the Authority
be marked accordingly already in peacetime (see Articles 10 and 13 above).
In order to prevent any misuse, the National Society shall remove or cover the
emblem and its name if it lends a means of transportation to other organizations.
Regarding the risk of confusion, see Article 4 above.

ARTICLE 22
Aid stations 2 and ambulances run or used by third parties
The National Society may permit third parties to use the emblem, in peacetime
and in conformity with national legislation, to mark aid stations used exclusively to
give free treatment and ambulances.
The National Society shall only give this permission in exchange for the right
regularly to control the use of the emblem. It shall reserve the right to withdraw this
authorization at all times and with immediate effect.

1 The United Nations Convention on road signs and signals adopted in Vienna on 8 November 1968, and
the European agreement supplementing it, adopted in Geneva on 1 May 1971, include two road signs display-
ing the emblem:
(a) the sign First-aid stations (F, 1a), made up of the red cross or red crescent on a white ground, the whole
framed by blue. As this is an indicative use of the emblem, the National Society shall request the authori-
ties to use this sign to mark only aid stations run or authorized by it;
(b) the hospital sign (E, 12b), made up of a red cross or red crescent on a blue ground with a white bed.
Since this is a misuse of the emblem, the National Society shall request the authorities to use the other
hospital sign (E, 12a) only. This sign is also provided for in these agreements and is made up of the
letter H in white on a blue ground.
2 See (1) Article 21.
REGULATIONS ON THE USE OF THE EMBLEM 685

Article 44, paragraph 4 of the First Convention allows the marking, besides
ambulances, of aid stations exclusively assigned for the purpose of giving free
treatment. Experience has shown that this rule of free treatment is often interpreted
with a degree of flexibility. This practice is acceptable, and in conformity with the
spirit of the Convention, only in so far as treatment is in no case conditional on
payment of a fee and the idea of voluntary service linked to the Movement is upheld.

SECTION 3 : DISSEMINATION AND FUND-RAISING

ARTICLE 23
Campaigns and events organized by the National Society
The National Society may use the emblem to support the campaigns and events
it organizes to make its activities known, to disseminate knowledge of international
humanitarian law and of the Movements Fundamental Principles, or to raise funds,
within the limits of Articles 2 to 5 of the Regulations.
When displayed on printed matter, objects or other advertising material of such
campaigns, the emblem shall be accompanied, as far as practically possible, by the
name of the Society or a text or publicity drawing. The objects shall in no way
suggest the protection of international humanitarian law or membership of the
Movement, nor give rise to misuse at some later date. The object shall be of reduced
dimensions or else made of rapidly perishable material.
A National Society which cooperates with a commercial company or other
organization in order to raise funds or further its dissemination activities may
display the companys trademark, logo or name on articles used by the Society, on
its advertising material or items which it sells, provided that the following
conditions are met:
(a) no confusion must be created in the mind of the public between the
companys activities or the quality of its products and the emblem or the National
Society itself;
(b) the National Society must retain control over the entire campaign, in
particular the choice of articles on which the companys trademark, logo or name
is displayed and the sitting, form and size of such markings;
(c) the campaign must be linked to one particular activity and, as a general rule,
be limited in time and geographical area;
(d) the company concerned must in no way be engaged in activities running
counter to the Movements objectives and Principles or which might be regarded by
the public as controversial;
686 STATUTES AND REGULATIONS DOC. IX

(e) the National Society must reserve the right to cancel its contract with the
company concerned at any time and to do so at very short notice, should the
companys activities undermine the respect for or the prestige of the emblem;
(f) the material or financial advantage which the National Society gains from
the campaign must be substantial without, however, jeopardizing the Societys
independence;
(g) the contract between the National Society and its partner must be in
writing;
(h) the contract must be approved by the National Societys central leadership.
The National Society may authorize commercial companies or other
organizations to mention in their advertising material that they have made a
donation to or otherwise contributed to the National Societys work. Such mention
may also be authorized on products for sale the proceeds from which are to be
donated in full or in part to the National Society. Such authorization shall, however,
be subject to strict compliance with the conditions set out in the previous
paragraph, subparagraphs (a), (c), (d), (e), (f), (g) and (h). During a promotional
campaign, the National Society shall reserve the right to inspect the companys
accounts pertaining to that campaign. Moreover, the National Society shall
carefully monitor the manner in which the assistance is described in the advertising
material or on the products mentioned above. The same applies to any
photographs or other visual material used within the context of the campaign. It
shall not authorize the display of its emblem on items for sale and may authorize its
display on advertising material only with the utmost restraint and on condition
that the emblem be of small dimensions and accompanied by a clear explanation of
the assistance received by the Society. The National Society shall ensure that the
conditions governing the use of the emblem are an essential part of its contract
with the company and that deliberate violation of those conditions entitles the
Society to terminate the contract with immediate effect, without being liable for
any compensation.
Re paragraph 1: The reference to Article 3 above leads to the conclusion that the
name and emblem may be used for fund-raising purposes to sell an object or give a
momentary service, but not, for instance, to sell a lasting or a long-term service,
especially if the service has no connection with the Movements traditional activities
or competes with other similar services provided on a commercial basis. The aim is to
prevent sales of objects or services of the National Society and the events it organizes
from becoming more representative of its work than its humanitarian and social
activities.
Re paragraph 2: Such advertising material, distributed or sold to the public, can
consist of printed matter and objects of all kinds: leaflets, publications, posters,
philatelic souvenirs, films, pencils, etc. With regard to clothing, flags or banners given
the risk of confusion which such objects could create, in the event of armed conflict,
with the emblem used as a protective device it is essential to ensure that the emblem
is accompanied by the name of the National Society, or a text or a publicity drawing.
REGULATIONS ON THE USE OF THE EMBLEM 687

Re paragraph 3: The general provisions set out in the first two paragraphs
obviously apply to the specific situations described in paragraph 3. Use of the red cross
or red crescent emblem or name by individuals, societies, firms or companies either
public or private is prohibited by international humanitarian law (First Geneva
Convention, Article 53). It is nevertheless acceptable for a National Society to mention
that it has received certain assistance from a commercial company or other
organization. Insisting that the donors of such assistance remain anonymous could
mean that the National Society would lose major sources of funds or other benefits. It
is nevertheless important that the National Societies closely monitor the manner in
which the assistance is publicized so as to avoid any abuse or risk of confusion in the
mind of the public. The conditions set out in paragraph 3 provide precise guidelines in
that respect.
Subparagraphs (a) and (b)
It is necessary first and foremost to avoid any confusion in the mind of the public
between commercial companies and the emblem or the National Society itself. Thus,
when a National Society announces that it is receiving support from a commercial
company in a given campaign (for example in producing printed matter or other
items), the Society must ensure that the role played by the company is expressly
defined and that the emblem can in no way be interpreted as guaranteeing product
quality. It must also ensure that the companys trademark, logo or name remains in
reasonable proportions compared with the rest of the display.
Subparagraph (c)
The National Society may not involve a commercial company in its activities as a
whole but only in specific programmes. The duration of its association with the
company must be determined in advance and should not exceed three years.
Moreover, it must be limited to the countrys territory unless there is an agreement
with the National Society (or Societies) of any other State on whose territory the
campaign would also be held.
Subparagraph (d)
Some companies are engaged in activities which are themselves directly contrary to
the Movements objectives (for example the manufacture or sale of arms, tobacco,
alcohol or products clearly seen as being harmful to the environment. The linking of
the names or logos of such companies with those of a National Society must therefore
be avoided.
Subparagraph (e)
Association with a commercial company whose activity is not contrary to the
Movements objectives could prove embarrassing for reasons not known to the
National Society when it enters into the agreement (serious pollution by the company
concerned, for example). It is therefore essential that the National Society be able to
end its association with the company very rapidly.
688 STATUTES AND REGULATIONS DOC. IX

Subparagraph (f)
Sponsorship is an important serious matter, which should be envisaged only when
major contracts are involved and when substantial advantages will be gained by the
National Society concerned. However, the Society must ensure that the advantages
gained do not make it dependent on the company concerned. Financial gain, for
example, should not exceed a certain percentage of the Societys total resources (20%
maximum).
Subparagraph (g)
It is also essential that all terms and conditions of the agreement between the
National Society and the contracting company or organization be the subject of a
written contract.
Subparagraph (h)
Before an agreement is reached between the National Society and the contracting
company or organization it must be discussed by the body normally responsible for
making decisions pertaining to the National Societys administration.

Re paragraph 4: To avoid the loss of major sources of funds, the National Society
may authorize a commercial company or other organization that has contributed to
its work to mention this assistance in its advertising material or on products for sale
the proceeds from which are to be donated in full or in part to the National Society.
However, as this entails a considerable risk of abuse, the conditions set out in
paragraph 3, subparagraphs (a), (c), (d), (e), (f), (g) and (h) must be strictly observed.
Moreover, the National Society must ensure that such mention remain discreet
and not give rise to confusion. The emblem may be reproduced in the companies
advertising material. It is though prohibited to display the emblem on products or
items for sale, since they are often designed to last and the National Society has no
control over their use.
Wherever such reproduction in advertising material is authorized, the emblem
must be of small dimensions and should be accompanied by an explanation enabling
the public to clearly understand the relationship between the National Society and the
contracting company or organization.
Furthermore, the National Society shall reserve the right to inspect the companys
accounts pertaining to the activities connected with the promotional campaign. The
Society may exercise this right itself or through a specialized institution, for example
an auditing firm.
Finally, in addition to the right of cancellation stipulated in Article 23,
paragraph 3, subparagraph (e), the National Society shall reserve the right to
terminate the contract with immediate effect, without being liable for any
compensation, should the conditions governing the use of the emblem be deliberately
violated by the contracting company or organization.
REGULATIONS ON THE USE OF THE EMBLEM 689

ARTICLE 24
Requests by third parties to use the emblem
With the exception of the cases mentioned in Articles 18, 22 and 23 above, and
those provided for in the present Article with a view to promoting the activities of
the Society and the Movement, the National Society may not authorize any third
parties to use the emblem.
The National Society can accede to a request for the emblem to be put on
objects to be sold on the market if such objects represent persons or objects which
may display the emblem in reality in accordance with the Geneva Conventions, as
a protective or indicative device, and if the emblem is not placed alongside the
trademark of the company in question. The authorization shall be limited to a
specific time or number of objects. It may be subject to payment but its main aim
shall remain dissemination of international humanitarian law or of the activities of
the National Society and the Movement.
The National Society may authorize use of the emblem by institutions whose
purpose is not commercial but solely to make known or to promote the activities
of the Society and of the Movement.
The National Society shall require that third parties provide all facilities
necessary to exercise control on the use of the emblem at any time, with the
possibility of withdrawing its authorization with immediate effect.
Re paragraph 1: It is therefore clear that, except in the above-mentioned cases,
the National Society may not authorize third parties to use the emblem. Such use calls
for very strict control on the part of the National Society and must therefore remain
an exception.
Re paragraph 2: These can be, for instance, miniature military ambulances, or
figurines representing members of the Army Medical Service or of the National Society.
The authorization will be valid only in the country of the National Society giving it,
except where there is an agreement with the National Society(ies) of one or several other
countries. Moreover, the National Society will have to take care that by granting such
authorization it does not favour one company to the detriment of another. Even where
permission to use the emblem is not granted in return for a financial contribution, the
rules laid down in Article 23 concerning respect for the emblem apply to the cases
provided for in the present Article. Likewise, companies wishing to use the emblem, even
for purposes other than financial gain, must ask the National Society for permission and
the general conditions set out in Article 23 must be met.
Re paragraph 3: The National Society may grant the authorization to institutions
such as associations or foundations whose purpose is to promote the activities of the
Society and of the Movement but which for reasons of opportuneness or some legal
reason (for example, fiscal) are legal entities independent of the National Society. It
should be noted that these institutions are entitled to the emblem only in so far as it is
used to make known or promote the activities of the Society and of the Movement, and
690 STATUTES AND REGULATIONS DOC. IX

not by their members as such. It is therefore important that the use of the emblem be
strictly controlled by the National Society (see paragraph 4 above).

SECTION 4 : SPECIFIC RULES

ARTICLE 25
Cooperation with other organizations
In addition to the cases mentioned in Articles 23 and 24, the National Society
may in exceptional circumstances use the emblem jointly with that of another
humanitarian organization, in the event of a specific undertaking and provided
that such use is discreet and does not give rise to confusion in the public mind
between the National Society and the other organization.
In principle, the National Society must not use its emblem jointly with that of
other organizations. It must endeavour to find a way of avoiding such a procedure
and should have recourse to joint use only in exceptional circumstances, in
connection with humanitarian activities or dissemination campaigns (for example,
in a joint publication). In such cases, only indicative use may be made of the emblem.

ARTICLE 26
Medals and other tokens of acknowledgement
The emblem may figure on medals and other tokens of acknowledgement given
by the National Society, on condition that it is shown together with its name and, if
possible, a few words describing the purpose of the medal or defining the services
rendered. Its design may be decorative, in accordance with the conditions set out in
Article 5, paragraph 3 above.

ARTICLE 27
Relief consignments
The National Society may use the emblem, accompanied by its name or its
initials, to mark relief consignments sent by rail, road, sea or air and intended for
victims of armed conflicts or natural disasters. The National Society shall take the
measures necessary to prevent any misuse.
It is important to note that this right applies only to relief consignments themselves,
to allow identification of their origin, and not to the means of transport used.
X

THE PRINCIPLES AND RULES


FOR RED CROSS AND RED CRESCENT DISASTER RELIEF

adopted by the 21st International Conference (Istanbul, 1969);


amended by the 22nd Conference (Teheran, 1973),
the 23rd Conference (Bucharest, 1977),
the 24th Conference (Manila, 1981), the 25th Conference (Geneva, 1986).
The 26th Conference (Geneva, 1995) took note of a revised version
adopted in 1995 by the General Assembly of the Federation.

Basic Principles ................................................................................................ 693


1. Field of application ....................................................................................... 693
2. The duty to assist .......................................................................................... 693
3. Role of the Red Cross and Red Crescent...................................................... 694
4. Coordination................................................................................................. 694
5. Role of the Federation................................................................................... 694
6. Preparedness and mutual aid ....................................................................... 694
7. Ways and means of assistance ...................................................................... 695
Disaster Preparedness...................................................................................... 695
8. National relief plan ....................................................................................... 695
9. Preparedness of the National Society........................................................... 695
10. Preparedness of the Federation .................................................................... 696
11. Agreements on mutual assistance ................................................................ 696
International Disaster Relief Assistance ....................................................... 697
12. Initial information ........................................................................................ 697
13. Use of the Disaster Relief Emergency Fund ................................................. 697
14. Request for assistance and appeal ................................................................ 697
15. Relations with the international news media ............................................... 697
16. Regular communication of information ...................................................... 698
17. Information on assistance ............................................................................ 698
18. Implementation of Federation assistance..................................................... 698
19. Execution entrusted to the Federation ......................................................... 699
20. Representatives of Participating Societies.................................................... 699
21. Foreign personnel ......................................................................................... 699
22. Transmission and forwarding of relief ......................................................... 699
23. Soliciting of contributions abroad................................................................ 699
692 CONTENTS

Accounting and Auditing for


Joint or Separate Federation and/or ICRC Operations ............................... 700
24. Principle of accountability............................................................................ 700
25. Exceptional Rules of Procedures .................................................................. 701
26. Use made of gifts........................................................................................... 701
27. Unsolicited relief supplies............................................................................. 701
28. Donating supplies while receiving assistance............................................... 702
29. Use of gifts..................................................................................................... 702
30. Relief balances............................................................................................... 702
Final Provisions................................................................................................ 702
31. Obligations.................................................................................................... 702
X
THE PRINCIPLES AND RULES
FOR RED CROSS AND RED CRESCENT DISASTER RELIEF

adopted by the 21st International Conference (Istanbul, 1969);


amended by the 22nd Conference (Teheran, 1973),
the 23rd Conference (Bucharest, 1977),
the 24th Conference (Manila, 1981), the 25th Conference (Geneva, 1986).
The 26th Conference (Geneva, 1995) took note of a revised version
adopted in 1995 by the General Assembly of the Federation.

BASIC PRINCIPLES

1. Field of application
1.1 The present Principles and Rules apply to disasters resulting from natural or
other calamities.
1.2 Every disaster relief operation carried out in a country where there is war,
civil war, or internal disturbances, shall be regulated by the provisions of the
Agreement of 1989 between the ICRC and the Federation, or by any subsequent
such agreement.
1.3 However,Articles 24 to 29 of the present Principles and Rules shall also apply
to situations described under paragraph 1.2.

2. The duty to assist


2.1 The Red Cross and Red Crescent in its endeavour to prevent and alleviate
human suffering, considers it a fundamental right of all people to both offer
and receive humanitarian assistance. Hence it has a fundamental duty to
provide relief to all disaster victims and assistance to those most vulnerable
to future disasters.
2.2 We recognize that in helping disaster victims to survive, relief programmes
must also look to the future and ensure that people are not left more
vulnerable to the future disasters. Wherever possible, relief programmes
should attempt to build upon the capacities of those being assisted, involve
them in the management and implementation of the programme and act
with a sense of accountability towards the beneficiaries.
694 STATUTES AND REGULATIONS DOC. X

3. Role of the Red Cross and Red Crescent


3.1 Prevention of disasters, assistance to victims and reconstruction are first and
foremost the responsibility of the public authorities. The International
Federation of Red Cross and Red Crescent Societies, (hereinafter referred to
as the Federation 1) will actively offer assistance to disaster victims through
the agency of the National Society in a spirit of cooperation with the public
authorities. In principle, Red Cross and Red Crescent help is of a
complementary and auxiliary nature and is given primarily in the emergency
and reconstruction phase. However, if circumstances require and provided
the Red Cross and Red Crescent is assured of the necessary resources and
means, it may undertake longer-term disaster assistance programmes. Such
programmes should be designed to reduce vulnerability to disasters, and
prepare for future possible disasters.

4. Coordination
4.1 Considering that assistance to disaster victims requires coordination at both
the national and international levels, the Red Cross and Red Crescent, whilst
remaining true to its Principles, should, in the implementation of its
programme, endeavour to take into account the help given by other national
and international organizations.
4.2 Considering the Federations position as one of the leading disaster response
agencies, the National Society should offer its service to their disaster
affected government to assist with the coordination of NGO disaster relief.
The Federation should support such endeavours.

5. Role of the Federation


5.1 The Federation acts as the information centre for its member Societies
regarding situations caused by disaster and coordinates, at the international
level, the assistance provided by National Societies and the Federation or
channelled through them.
5.2 The Federation should also support National Societies in their contacts with
their governments with a view to establishing and developing their position
and role in disaster preparedness and response.

6. Preparedness and mutual aid


6.1 It is the duty of National Societies to prepare themselves to give assistance in
the event of a disaster.
6.2 In view of the solidarity binding them together they shall help one another
when faced with a situation exceeding the resources of any one Society.

1 In the Federation, the organization of disaster relief actions belongs to the attributions of the Secretary
General, assisted by the Secretariat.
PRINCIPLES AND RULES FOR DISASTER RELIEF 695

6.3 In assisting each other in this way, while respecting the independence of each
other and the sovereignty of the stricken country, National Societies
contribute to the strengthening of friendship and peace among peoples.

7. Ways and means of assistance


7.1 Red Cross and Red Crescent assistance to victims is given without any
distinction as to sex, nationality, race, religion, social condition or political
opinion. It is made available solely on the basis of the relative importance and
urgency of individual needs.
7.2 Red Cross and Red Crescent relief is administered with economy, efficiency
and effectiveness. Its utilization is the subject of reports, including audited
accounts of income and expenditure, reflecting a true and fair view of the
operation.

DISASTER PREPAREDNESS

8. National relief plan


8.1 In order to cope with the effects of disaster, each country should have a
national plan outlining an effective organization of relief. If such a plan does
not exist, the National Society should instigate its establishment.
8.2 The national plan shall assign to all sections of the community public
services, Red Cross and Red Crescent, voluntary agencies, social welfare
organizations and qualified persons precise tasks in the fields of disaster
prevention, relief and reconstruction.
8.3 To ensure rapid mobilization as well as complete and effective use of material
and personnel resources, the national plan should envisage coordination
through the establishment of a centralized managing body. Such a body
should be able to provide authoritative information on the effects of a
disaster, its evolution and the needs.

9. Preparedness of the National Society


9.1 The extent of the Red Cross and Red Crescent relief programme depends on
the magnitude of the disaster, the needs already covered by others and the
responsibilities delegated to the National Society by its government or by the
national relief plan.
9.2 Each National Society must prepare itself to assume the responsibility
devolving on it in the case of disaster. It must establish its own plan of action,
696 STATUTES AND REGULATIONS DOC. X

adapt its organization accordingly, recruit, instruct and train the necessary
personnel and ensure the availability of the reserves in cash and kind which
it might need in the emergency phase of a relief operation. Such plans must
be regularly reviewed and capacity further developed in the light of
experience.
9.3 All National Societies face the possibility of responding to disasters beyond
their capacities. National Societies should therefore make preparations for
receiving and managing international assistance provided by the Federation.
9.4 National Societies should make every effort to obtain facilities from
governmental or private transport services in their countries for the rapid
transport, whenever possible free or at reduced rates, of relief supplies,
including goods in transit, for disaster victims.
9.5 National Societies should also endeavour to obtain from their governments
exemption from all taxes and customs duties, concerning the entry into and
transit through the country, of funds and relief supplies intended for the
victims of disasters.
9.6 Furthermore, they should seek to obtain travel facilities and the quick
granting of visas for Red Cross and Red Crescent personnel taking part in
relief operations.

10. Preparedness of the Federation


10.1 The Federation will endeavour to assist National Societies with their
organization and preparedness for relief actions. In particular by offering
them the services of technically qualified personnel (delegates) and by
contributing to the instruction and training of their personnel. It will
encourage and facilitate exchanges of information between Societies so that
the experience of some will be of benefit to others. It will encourage
investment by Federation members in disaster preparedness activities in the
most disaster prone countries.

11. Agreements on mutual assistance


11.1 As part of their disaster preparedness strategy, National Societies should
endeavour to conclude agreements on future mutual assistance in the event
of disaster, with the National Societies of neighbouring countries. The
Federation shall be informed.
11.2 For the most disaster prone countries, the Federation shall endeavour to
negotiate pre-disaster agreements with the National Society of the disaster
prone country aimed at enhancing the disaster preparedness activities of the
Operating National Societies and improving the timeliness and effectiveness
of Federation response to major disasters. Where appropriate these
agreements may be tripartite, involving a Participating National Society.
PRINCIPLES AND RULES FOR DISASTER RELIEF 697

INTERNATIONAL DISASTER RELIEF ASSISTANCE

12. Initial information


12.1 To enable the Federation to act as the disaster information centre, National
Societies shall immediately inform it of any major disaster occurring within
their country, including data on the extent of the damage and on the relief
measures taken at the national level to assist victims. Even if the National
Society does not envisage appealing for external assistance, the Federation
may, in the spirit of Federation solidarity, send a representative/s to the
disaster-affected area to gather information and assist the National Society in
dealing with the international dimensions of the disaster.

13. Use of the Disaster Relief Emergency Fund


13.1 In accordance with its rules, as amended by the 1991 General Assembly, the
Disaster Relief Emergency Fund may be used by the Federation to finance
emergency pre-disaster activities or initial emergency response to disasters.

14. Request for assistance and appeal


14.1 Any request from a National Society of a stricken country for international
assistance shall be addressed to the Federation. Such a request must contain
an overview of the situation in the disaster area, the number of persons to be
helped and the nature, quantities and priorities of relief supplies needed by
the National Society.
14.2 On receipt of such a request, the Federation will, when conditions call for it,
launch an Appeal to all National Societies or, depending on the
circumstances, to a certain number of them. No Appeal will be launched by
the Federation without a request from the National Society of the stricken
country or without its agreement.
14.3 The Federation may, however, take the initiative to offer assistance, even
though the National Society has not asked for it. The National Society will
consider such offers with urgency and goodwill, bearing in mind the needs
of the disaster victims and the spirit in which such offers are made.

15. Relations with the international news media


15.1 Since the media can have a major influence on public support for a relief
operation and the generation of funds, the National Society of a stricken
country should make every effort, consistent with the efficient conduct of the
relief operation and any regulations laid down by the authorities, to facilitate
journalists coverage of an emergency situation.
15.2 When a disaster situation attracts large-scale international media interest,
the Federation may assign a delegate, or delegates, to assist the National
698 STATUTES AND REGULATIONS DOC. X

Society in coping effectively with the requirements of the media and


responding to the public information needs of Participating National
Societies and the Federations Secretariat in Geneva.

16. Regular communication of information


16.1 The National Society of the stricken country will keep the Federation
informed on the development of the situation, the relief given and the needs
still to be met. The Federation will forward this information to National
Societies to which the Appeal had been made.

17. Information on assistance


17.1 When, as a result of a Federation Appeal or as a result of mutual agreement
or other special circumstances, a National Society gives assistance to the
Society of a stricken country it will immediately inform the Federation. Such
information will contain the amount of gifts in cash and all available data on
gifts in kind, including quantity, value and means of transportation.

18. Implementation of Federation assistance


18.1 When a National Society is in receipt of international assistance, the
Federation may assign to that National Society a representative or a team of
delegates, whose name or names will be communicated to it as rapidly as
possible and whose number will depend on the magnitude of the disaster.
18.2 Where technical assistance personnel are provided, the Head of Delegation
will be responsible for the judicious and effective utilization of the team of
experts with a view to helping the National Society with such activities as the
reception, warehousing and distribution of relief supplies received from
abroad, as well as information, communication and all other activities that
will contribute to the effectiveness both of the relief operation itself,
undertaken by the National Society involved, and of the assistance of sister
Societies.
18.3 All staff assigned by the Federation will have the task of assisting the
National Society and not of taking over its basic responsibilities.
18.4 The Representative or Head of Delegation shall be given all necessary
communication facilities for the swift dispatch to the Federation, of all the
information likely to enable it to back up its Appeals to National Societies
and inform them as fully as possible on the needs resulting from the disaster
and then on the use made of the relief received. He/she should advise the
National Society concerned of the measures taken and foreseen, both by the
Federation and National Societies, which are giving their support.
PRINCIPLES AND RULES FOR DISASTER RELIEF 699

19. Execution entrusted to the Federation


19.1 When the administrative organization of the Society in the stricken country
does not enable it to meet the situation, the Federation, at the request of that
Society and with its cooperation, may assume the local direction and
execution of the relief action.

20. Representatives of Participating Societies


20.1 Participating Societies wishing to send representatives to the spot,
particularly to collect information material to enhance public support for the
relief actions, shall obtain the prior agreement of the central headquarters of
the National Society of the stricken country. They should also inform the
Federation.
20.2 Any such representatives will be bound by the Rules of Conduct for
Federation field personnel and shall report on their actions to the Federation
Representative or Head of Delegation.

21. Foreign personnel


21.1 All personnel provided by Participating Societies to assist in the
implementation of the operation, will be placed under the direction of the
Federation, when the direction and execution of the relief operation have
been entrusted to it.

22. Transmission and forwarding of relief


22.1 Assistance donated by a National Society to a stricken country shall always
be sent through Red Cross and Red Crescent channels, either direct to the
National Society or through the intermediary of the Federation. Funds sent
to the Federation will be specifically earmarked for the disaster for which
they are contributed and will either be sent to the National Society of the
stricken country or, with its concurrence, be utilized by the Federation
according to the needs of the relief operation.
22.2 National Societies and the Federation may agree to transmit relief from non-
Red Cross sources to a stricken country. In such cases, the relief will be
utilized by the National Society or, with its concurrence, by the Federation in
conformity with the present Principles and Rules.

23. Soliciting of contributions abroad


23.1 Unless there is a previous agreement, the National Society of a stricken
country will not try to obtain, either directly or indirectly, funds or any other
form of assistance in the country of another Society and will not permit its
name to be used for this purpose.
700 STATUTES AND REGULATIONS DOC. X

ACCOUNTING AND AUDITING FOR JOINT


OR SEPARATE FEDERATION AND/OR ICRC OPERATIONS

24. Principle of accountability


National Societies receiving gifts from sister Societies, the Federation, the ICRC
or any other source in the context of a joint or separate Federation and/or ICRC
operation or programme must conform to the following rules as regards
accounting and auditing:
24.1 Gifts in cash
24.1.1 Bank accounts
The Operating Society shall open in its own name a special bank account
whose sole purpose shall be to receive all the funds and cover all the
expenditure of the operation / programme. It shall not be used for any other
transactions. There shall be one bank account per operation / programme.
If for unforeseen reasons, it is not possible to open a separate bank account,
a separate cash ledger should be maintained per operation / programme.
24.1.2 Financial reporting
The Operating Society shall render a periodic account of the funds held by
it for the operation / programme showing: opening balance brought
forward from the previous period; income from all sources during the
current period; actual disbursements during the period and the closing
balance for the period. The periodicity of these reports shall be established
in the agreement, but under no circumstances should be less than quarterly.
Additional information required for the following period comprises:
anticipated income, an estimate of expenditure and cash requirements. The
Federation and/or the ICRC would in that way be prepared to give
consideration to making an appropriate supplementary advance in cash.
24.1.2.1 The actual disbursements charged to the operation / programme
shall be shown in a detailed statement which, together with copies of
vouchers for all amounts debited and recapitulatory bank statements, shall be
submitted promptly to the Federation and/or the ICRC local Delegation, no
later than the end of the following month. In the event of such reports not
being submitted, the local Delegation should take appropriate steps to assist
the Operating Society in producing the necessary report. In exceptional
circumstances, where monthly reports are not forthcoming, the Federation
and/or the ICRC may decide on the suspension of the financial assistance.
24.1.2.2 In recognizing the importance of financial reporting, the
Federation and/or the ICRC shall undertake to provide or make available
technical assistance to the Operating Society in order to ensure the timely
production of accurate and complete financial reports. Such reports should
be regarded both as a management tool for the Operating Society, and as a
reporting service to the Federation.
PRINCIPLES AND RULES FOR DISASTER RELIEF 701

24.1.3 Auditing
Auditing is a normal, integral step in any professionally managed operation.
In the interest of sound financial administration, the National Societys
accounts related to the operation / programme shall be audited at least yearly
by auditors designated by the Federation and/or the ICRC. The cost of the
audit will be met from the funds available for the operation / programme.
This audit shall result in the Auditors Report and a Management Letter. The
said results shall be communicated to the National Society and, if necessary,
corrective actions to be taken shall be indicated. In the exceptional event
when no corrective actions have taken place, the Federation and/or the ICRC
may consider suspension of financial assistance.
24.2 Gifts in kind
Where gifts in kind are made, records of the stocks showing the origin and
use of such contributions shall be submitted monthly and upon completion
of the operation / programme

25. Exceptional Rules of Procedures


25.1 The Federation and /or the ICRC may, in certain exceptional circumstances,
not be fully satisfied with the way in which resources for Federation and/or
the ICRC operations and programmes are managed and accounted for by
either Participating or Operating Societies.
25.2 In such circumstances, the Federation and/or the ICRC is authorized to
entrust a qualified Federation and/or the ICRC representative to look into
the matter.
25.3 The National Society in question be it operating or participating, shall ensure
that the Federation and/or the ICRC representative, has access to such
records of the Society as the Federation and/or the ICRC representative
considers necessary for the purpose of their task.

26. Use made of gifts


26.1 A National Society which benefits from the assistance of sister Societies will
give the Federations and/or ICRCs Representative or Head of Delegation the
opportunity to see, on the spot, the use made of the gifts received.

27. Unsolicited relief supplies


27.1 If a National Society wishes to send relief supplies which are not mentioned
in the Appeal launched by the Federation and/or ICRC, it shall first obtain
the agreement of the National Society of the stricken country or of the
Federation and/or ICRC. When there has been no Appeal but a National
Society nevertheless wishes to send relief supplies to the Society of a stricken
702 STATUTES AND REGULATIONS DOC. X

country, the previous agreement of that Society is also required and the
Federation and/or ICRC shall be informed.
27.2 In the absence of such an agreement, the receiving National Society is free to
use unsolicited relief supplies at its own discretion, without being bound by
the provision of Article 29.3.

28. Donating supplies while receiving assistance


28.1 A National Society in receipt of international assistance for its own country
shall not contribute assistance of a similar nature to a sister Society without
the prior authorization of the Federation and/or ICRC.

29. Use of gifts


29.1 Gifts sent to a National Society may be used only for the purpose designated
and will serve in the first place to give direct assistance to the victims.
29.2 An Operating Society may in no event use cash gifts to cover administrative
expenses included in its ordinary budget, nor may it transfer cash gifts donated
to it to another organization or group for use by that organization or group.
29.3 If in the course of a relief operation it becomes necessary to sell or exchange
a part of the goods received, the donors will be consulted through the
Federation and/or ICRC. The funds or goods thus obtained may only be
used for the relief action.

30. Relief balances


30.1 Goods or funds remaining on hand after the termination of a relief action
may be: used for subsequent rehabilitation activities, used for Society
disaster preparedness activities, transferred to other priority programmes, or
returned to the Participating Society. All such use of funds or goods should
take place under an agreement between the National Society of the stricken
country and the Federation after consultation by the Federation with the
Participating Societies concerned.

FINAL PROVISIONS

31. Obligations
31.1 A National Society which accepts spontaneous or special assistance is bound
to conform to the obligations laid down in the present Principles and Rules
even though it has not requested assistance within the terms of Article 12.1.
XI
SECTION I

REGULATIONS FOR THE HENRY DUNANT MEDAL

adopted by the 20th International Conference (Vienna, 1965) and revised by the
24th International Conference (Manila, 1981) which, in its Decision II, empowered
the Council of Delegates to deal with all matters relating to the Henry Dunant
Medal, including proposals to amend these Regulations

1. The Henry Dunant Medal is intended to recognize and reward outstanding


services and acts of great devotion, mainly of international significance, to the
cause of the Red Cross1 by any of its members.
2. Criteria for the award of the Medal include risks run and arduous conditions
endangering life, health and personal freedom. It may also be awarded for a long
period of devoted service to the International Red Cross.
3. The Henry Dunant Medal is a red cross bearing the profile of Henry Dunant in
relief, attached to a green ribbon. When worn with other Red Cross2 badges or
decorations it takes precedence.
4. The Henry Dunant Medal shall be awarded every two years by decision of the
Standing Commission of the International Red Cross3 in plenary session.
Exceptionally the Standing Commission may, provided all its members
expressly agree, award the Medal at once without regard to the two-year interval
and even without meeting in plenum.
5. No more than five Medals shall normally be awarded every two years. The
Standing Commission shall be free to reduce that number or in exceptional
cases to increase it.
6. The Henry Dunant Medal may be awarded posthumously to members who
have died recently.
7. Nominations for the award of the Medal should be addressed to the Secretariat
of the Standing Commission, giving full details and wherever possible enclosing
supporting documents and testimonies. Individuals may be proposed for the
award by National Societies, the ICRC, the League4 or a member of the Standing
Commission.

1 and Red Crescent (Editors note)


2 or Red Crescent (Editors note)
3 Standing Commission of the Red Cross and Red Crescent, pursuant to the wording in the 1986
Statutes of the International Red Cross and Red Crescent Movement (Editors note).
4 Federation, since 28 November 1991 (Editors note).
704 STATUTES AND REGULATIONS DOC. XI

8. Candidates need not be members of the Red Cross organization proposing


them.
9. Before the Standing Commission meets, its Secretariat shall submit candidates
files to a joint meeting of the League and the ICRC empowered to recommend
the rejection of any obviously ineligible candidates or to ask for further
information to be added to a candidates file before it is passed to the Standing
Commission.
10. The Chairman of the Standing Commission shall present the Medals at a
plenary meeting of the Council of Delegates. If the beneficiary or a member of
his family is not present the Medal will be handed to the President or senior
representative of the National Society or of the institution concerned for
presentation to the beneficiary on behalf of the Chairmen of the Standing
Commission.
SECTION II

CRITERIA FOR AWARDING THE HENRY DUNANT MEDAL

The idea of having a medal bearing the name of the founder of the International
Red Cross, which later became the International Red Cross and Red Crescent
Movement, was submitted to and approved in principle by the Council of
Delegates, meeting on the 100th anniversary of the Red Cross in 1963. Thanks to
the generosity of the Australian Red Cross, the Henry Dunant Medal was
established by the International Red Cross Conference in Vienna in 1965. The first
awards were made at the next Conference, held in Istanbul in 1969.
The purpose of the Medal is to acknowledge and reward outstanding service
and acts of great devotion by a member of the Movement to the Red Cross and Red
Crescent cause. The Standing Commission of the Red Cross and Red Crescent is
the body that selects recipients and, as a general rule, not more than five awards are
made every two years. This enhances the Medals value and maintains its prestige
as the highest honour the Movement can bestow upon one of its members.
The Standing Commission proceeds according to regulations adopted in 1965
and revised in 1981. Whether it decides to recognize a single outstanding act or
dedicated service over the years, under the regulations the Standing Commission
has to give special weight to the international significance of the act or service. If
this dimension is lacking, the Commission would tend not to select the individual
concerned, whose merits, though no doubt great, should be recognized rather by
his or her National Society.
In recent years, owing to the large number of staff involved in international
operations and the growing insecurity in the contexts where those operations are
conducted, there has been a sharp increase in deaths and injuries among members
of the Movement. Since the regulations relating to the Henry Dunant Medal
specifically allow for the possibility of posthumous recognition, and in that case the
number of awards is obviously not limited to five, a large proportion of the Medals
awarded (or almost all of them, as was the case during the Council of Delegates in
Seville in 1997) go to individuals who have died recently.
There is a growing body of opinion, including among the members of the
Standing Commission, that this tendency to use the Medal as a means of honouring
the memory of deceased staff members is changing the nature of the award. The
Standing Commission feels that it would be preferable to devise other ways of
expressing the gratitude of the Movements components 1 to men and women who
have perished or whose health has been severely affected in the service of the Red

1 National Red Cross and Red Crescent Societies, International Federation of Red Cross and Red Crescent
Societies, International Committee of the Red Cross.
706 STATUTES AND REGULATIONS DOC. XI

Cross and Red Crescent. The Standing Commission does not, however, support the
establishment of a new medal or other type of award applicable to all members of
the Movement.
The Standing Commission feels it is important except in certain cases that
those who receive the Medal know why they have been selected. They should be
looked up to as examples to be followed during their lifetime. It is thus the wish of
the Standing Commission that priority be given to individuals still in active service
or having recently retired, and that most of the awards should go to persons in this
category. There is no intention, however, to overlook the tragedies for which the
Medal has been awarded so often in the past. On the contrary, the components of
the Movement (National Societies, the ICRC and the Federation) are invited to set
up their own procedures, if they have not already done so, to pay tribute to their
staff members who have lost their lives or have suffered bodily or psychological
harm in the course of their duties. This would also make it easier to respect local
custom. Depending on its situation, resources and traditions, each component of
the Movement will certainly find the most appropriate solution, whether in the
form of medals, certificates, commemorative plaques, publications or artistic
events, gardens or other places for quiet reflection. In any case, it is important that
the event receive due publicity.
In accordance with the regulations, it will still be possible to make a
posthumous award of the Henry Dunant Medal. However, the components of the
Movement, all of which should henceforth establish other forms of recognition in
such circumstances, should submit posthumous nominations for the Henry
Dunant Medal only in truly exceptional cases.

Criteria for awarding the Henry Dunant Medal


adopted by the Standing Commission at its meeting
of 20 and 21 April 1998

1. Intent of the Henry Dunant Medal and criteria for awarding it


The Henry Dunant Medal is intended to recognize and reward outstanding
services and acts of great devotion, mainly of international significance, to the cause
of the Red Cross [and Red Crescent] by any of its members. It may be awarded on
the basis of risks run and arduous conditions endangering life, health and personal
freedom [or ...] for a long period of devoted service to the International Red Cross
[and Red Crescent Movement]. In addition to the above criteria, the Standing
Commission announced publicly that it would not award the Medal to persons still
CRITERIA FOR AWARDING THE HENRY DUNANT MEDAL 707

working within the Movement.2 Only a very small number of Medals are to be
awarded at one time. The Medal may be awarded posthumously.3
The Standing Commission takes the view that the Henry Dunant Medal should
be awarded to individuals who belong to the Movement and who have
distinguished themselves either by their long and outstanding service to the ideals
of the Movement, or because they acted with exceptional courage and dedication
in a given situation or situations. Furthermore, the Standing Commission will
evaluate candidates according to the following interpretation of the Regulations.
1.1 Member
A member of the Red Cross/Red Crescent may be an individual volunteering
his or her time without thought of pecuniary gain, or a paid professional (delegate,
staff member) earning a living from his or her work for the Movement. When
putting forward or judging a candidate, the accent should be on the exceptional
nature of the act rather than on the members status.
When the Standing Commission decided that persons still active in the
Movement should not receive the Medal, it was in order to judge candidates more
even-handedly, to avoid using the award simply to recognize long careers, and to
eliminate any actual or perceived exertion of personal influence by certain leaders.
This rule is maintained, and applies to all candidates still occupying a senior
position within one of the Movements components or statutory bodies.
The Medal will not be awarded to a member of the Red Cross/Red Crescent
who is also engaged in activities outside the Movement in a field that could be
contrary to the Fundamental Principles of neutrality and independence.
1.2 International significance
The Regulations state that the Henry Dunant Medal should mainly recognize
acts or services of international significance. This is to distinguish the Henry
Dunant Medal from other medals that individual National Societies have
established or may establish to pay tribute to their members on the national level.
Thus candidates should be put forward and judged in terms of their specific
contribution to the international aspects of the Movements work, be it in the field
of general policy, governance or operations.
1.3 Risks run and arduous conditions endangering life, health, and personal freedom
When the Henry Dunant Medal was established, it was primarily meant to
recognize acts of great courage during a field operation. Indeed, many of those who
initially received the Medal distinguished themselves through their exceptional
courage and devotion to the humanitarian ideal during major operations. Over
time, and particularly in recent years when respect for humanitarian personnel has
declined in many contexts, the Medal has been awarded to delegates or personnel
who were killed or seriously wounded in the line of duty. While there is no doubt

2 See the Standing Commissions circular letters concerning the award of the Henry Dunant Medal,
addressed to National Societies on 27 November 1994 and 15 November 1996.
3 See Articles 1, 2, 5 and 6 of the Regulations.
708 STATUTES AND REGULATIONS DOC. XI

that it is important and necessary to recognize those who have given their lives or
suffered serious physical or psychological harm in the course of their duties, it
would be preferable that each component of the Movement establish its own award
in order to preserve the unique character of the Henry Dunant Medal.
Naturally, if a member of the Red Cross/Red Crescent who has been killed or
wounded in the line of duty also acted with great courage and devotion and took
risks in order to help others, he or she could be awarded the Medal. In judging a
candidate, the accent must be placed on the exceptional merits of the individual
rather than on the danger inherent in many operational activities.

2. Posthumous Henry Dunant Medals


A candidate for a posthumous award of the Medal should be judged according
to the criteria outlined above. Posthumous Medals should not be automatically
awarded to those who have died in the service of the Red Cross/Red Crescent,
unless they personally distinguished themselves (see point 1.3). The Medal should
be awarded to the living, rather than the dead, as it is important that the individuals
receiving it know that their peers valued their contribution to the humanitarian
cause and consider them as an example to others.

3. Tributes to members of the Movement killed in the line of duty


Considering the growing number of volunteers and delegates who have been
seriously wounded or killed during an assignment, the Standing Commission
encourages each of the Movements components to establish its own medal or other
award to pay tribute to those who have given their lives or sacrificed their health to
the Red Cross/Red Crescent cause, according to the following main criteria.
3.1 Criteria to be met for honouring members of the Movement killed or injured on
assignment
Many humanitarian operations take place in dangerous settings, whether
conflict situations or the aftermath of a natural or technological disaster.
Fortunately, many members of the Red Cross/Red Crescent who have had to work
in life-threatening conditions have survived serious security incidents.
While it is difficult to establish absolute criteria for an award in the event of
death or serious injury, a distinction should be nevertheless made between
accidents and killings. Thus those who have died or have suffered serious bodily or
psychological harm in the line of duty should receive some kind of recognition
(e.g. murder or injury perpetrated by a combatant or act of banditry, hostage-
taking, rape, accident during a natural or technological disaster relief operation). A
death or injury that was not premeditated, but caused by a mine, a stray bullet, etc.
might also be considered deserving of recognition.
3.2 Type of award
The distinction awarded to those killed or injured on assignment does not
necessarily have to be in the form of a medal. Alternatively, there might be a
CRITERIA FOR AWARDING THE HENRY DUNANT MEDAL 709

document, such as a certificate of recognition, and a ceremony which would either


be public or else publicized afterwards in the press. Indeed, the publicity given to
the award is an important aspect of the recognition that the Red Cross/Red
Crescent gives to its members, who often take risks for the sake of others.

4. Conclusion
The Standing Commission will award the Henry Dunant Medal to members of
the Movement in accordance with the intent and criteria laid down in the
Regulations, as interpreted in points 2 and 3 of the present document. In addition,
it recommends that components of the Movement which have not already done so
establish their own form of recognition for members who have died or suffered
serious bodily or psychological harm in the course of their duties.
XII
REGULATIONS FOR THE RED CROSS AND RED CRESCENT
PRIZE FOR PEACE AND HUMANITY

Prize instituted by the Council of Delegates (Rio de Janeiro, 1987)

1. The Red Cross and Red Crescent prize for Peace and Humanity shall be
awarded by the Standing Commission, either to National Societies or to persons
in the Movement, having actively contributed to a more peaceful world through
their humanitarian work and the dissemination of the ideals of the Movement.
2. Every four years, during the Council of Delegates, a maximum of two prizes
may be awarded to National Societies, to persons or to a National Society and a
person. The prize may also be awarded posthumously to persons who have died
recently.
3. The Standing Commission shall designate the beneficiaries of the award by
consensus.
4. The criteria for selection are based on concrete accomplishments which are
inspired by the Programme of Action of the Red Cross as a Factor of Peace
and by the Fundamental Guidelines for the contribution of the Red Cross and
Red Crescent Movement to a true peace in the world, and which contribute to
respect for the motto Per Humanitatem ad Pacem.
5. Nominations submitted by the National Societies or one of the members of the
Standing Commission shall be addressed to the Secretariat of the Standing
Commission at least 8 months before the Session of the Council of Delegates to
give the Commission time to examine the nominations. Full details should be
given and supporting documents should be enclosed.
6. The prize shall consist of a work of art symbolizing the action of the Movement
for peace, with the inscription of the motto Per Humanitatem ad Pacem
accompanied by a diploma recalling the motives of the Award.
7. The Chairman of the Standing Commission shall present the Prize at the
Council of Delegates. If the recipient or a member of his/her family cannot
attend for reasons beyond his/her control, the prize will be handed to a
representative of his/her National Society for presentation to the beneficiary on
behalf of the Chairman of the Standing Commission of the Red Cross and Red
Crescent. If the Prize is awarded to a National Society it shall be presented to the
President of that Society or, in his/her absence, to his/her representative.
XIII
REGULATIONS FOR THE
FLORENCE NIGHTINGALE MEDAL

adopted by the Council of Delegates (Budapest, 1991) 1

ARTICLE 1
In accordance with the recommendation of the 8th International Conference of
the Red Cross held in London in 1907, and the decision of the 9th International
Conference held in Washington in 1912, a Fund was established by contributions
from National Societies of the Red Cross in memory of the great and distinguished
services of Florence Nightingale for the improvement of the care of wounded and
sick.
The income of the Fund shall be used for the distribution of a Medal, to be
called the Florence Nightingale Medal, to honour the spirit which marked the
whole life and work of Florence Nightingale.

ARTICLE 2
The Florence Nightingale Medal may be awarded to qualified male or female
nurses and also to male or female voluntary nursing aides who are active members
or regular helpers of a National Red Cross or Red Crescent Society or of an
affiliated medical or nursing institution.
The Medal may be awarded to those of the above-mentioned persons who have
distinguished themselves in time of peace or war by:
exceptional courage and devotion to the wounded, sick or disabled or to civilian
victims of a conflict or disaster,
exemplary services or a creative and pioneering spirit in the areas of public
health or nursing education.
The Medal may be awarded posthumously if the prospective recipient has fallen
on active service.

ARTICLE 3
The Medal shall be awarded by the International Committee of the Red Cross
on proposals made to it by National Societies.

1 See footnote p. 713.


712 STATUTES AND REGULATIONS DOC. XIII

ARTICLE 4
The Medal shall be in silver-gilt with a portrait on the obverse of Florence
Nightingale with the words Ad memoriam Florence Nightingale 1820-1910. On
the reverse it shall bear the inscription on the circumference Pro vera misericordia
et cara humanitate perennis decor universalis. The name of the holder and the
date of the award of the Medal shall be engraved in the centre.
The Medal shall be attached by a red and white ribbon to a laurel crown
surrounding a red cross.
The Medal shall be accompanied by a diploma on parchment.

ARTICLE 5
The Medal shall be presented in each country either by the Head of the State, or
by the President of the Central Committee of the National Society directly or by
their substitutes.
The ceremony shall take place with a solemnity consistent with the distinction
of the honour conferred.

ARTICLE 6
The distribution of the Florence Nightingale Medal shall take place every two
years.
Not more than 50 Medals may be issued at any one distribution.
If by reason of exceptional circumstances due to a widespread state of war it has
been impossible for one or more distributions to take place, the number of Medals
awarded at subsequent distributions may exceed the figure of 50 but may not
exceed the total number which would normally have been attained, if the preceding
distributions had been able to take place.

ARTICLE 7
From the beginning of September of the year preceding the year in which the
Medal is awarded, the International Committee of the Red Cross shall invite the
Central Committees of the National Societies by means of a circular and
application forms to submit the names of the candidates they consider qualified to
be awarded a Medal, in accordance with the conditions mentioned in Article 2.

ARTICLE 8
The Central Committees of the National Societies, having taken all requisite
advice, shall submit to the International Committee of the Red Cross the names
and qualifications of the candidates they propose.
FLORENCE NIGHTINGALE MEDAL 713

To enable the International Committee to operate a fair selection, the


candidates names shall be accompanied by all relevant information justifying an
award of the Medal, in accordance with the criteria mentioned in Article 2.
All applications submitted must come from the Central Committee of a
National Society.
The Central Committees may submit one or more applications, but are not
bound to submit applications for each distribution.

ARTICLE 9
The applications with the reasons in support of them must reach the
International Committee of the Red Cross before 1 March of the year in which the
award of the Medal is to take place.
Applications reaching the International Committee after that date cannot be
considered except in connection with a subsequent award.

ARTICLE 10
The International Committee of the Red Cross retains complete freedom of
choice. It may refrain from awarding the total number of Medals contemplated, if
the qualifications of the applicants submitted do not appear to merit this
distinguished honour.

ARTICLE 11
The International Committee of the Red Cross shall issue on the anniversary of
the birth of Florence Nightingale, namely on 12 May, a circular informing the
Central Committees of the National Societies of the names of those to whom the
Medal has been awarded.

ARTICLE 12
The present Regulations, adopted by the Council of Delegates in Budapest in
1991, supersede all previous rules relating to the Florence Nightingale Medal, in
particular those of the 9th International Conference (Washington, 1912), the
Regulations of 24 December 1913 and the amendments to the latter by the
10th Conference (Geneva, 1921), the 13th Conference (The Hague, 1928), the
15th Conference (Tokyo, 1934), the 18th Conference (Toronto, 1952) and the
24th Conference (Manila, 1981).1

1 Following the postponement of the 26th International Conference, the ICRC submitted the text of the
present Regulations to all States party to the Geneva Conventions, asking them to notify it within six months
of any objections they might have. No requests for amendment having been received by 30 June 1992, the
Regulations came into force on that date.
XIV
REGULATIONS FOR THE EMPRESS SHKEN FUND

(Approved by the Sixteenth International Conference of the Red Cross, London 1938,
and revised by the Nineteenth International Conference, New Delhi 1957,
the Twenty-fifth International Conference, Geneva 1986,
the Council of Delegates, Budapest 1991,
the Twenty-seventh International Conference, Geneva 1999,
the Twenty-eighth International Conference, Geneva 2003
and the Council of Delegates, Seoul 2005)

ARTICLE 1
The sum of 100,000 yen in Japanese gold presented by H.M. The Empress of
Japan to the International Red Cross on the occasion of the Ninth International
Conference (Washington, 1912) to promote relief work in time of peace, was
increased to 200,000 yen by a further gift of 100,000 yen from their Majesties
The Empress and The Dowager Empress of Japan, on the occasion of the Fifteenth
International Conference, (Tokyo, 1934). The Fund was further increased by a gift
of 3,600,000 yen from H.M. The Empress of Japan, on the occasion of the Red
Cross Centenary in 1963, and by successive contributions from the Government of
Japan since 1966, and from the Japanese Red Cross Society. This fund shall be
entitled: The Empress Shken Fund.

ARTICLE 2
The Fund shall be administered and its revenues distributed by a Joint
Commission of six members chosen in their personal capacity. The Joint
Commission shall be composed equally of three members appointed by the
International Committee of the Red Cross and three by the International
Federation of Red Cross and Red Crescent Societies; the quorum shall be four. The
Chairman of the Joint Commission shall be on a permanent basis one of the
representatives of the International Committee of the Red Cross whereas the
International Federation of Red Cross and Red Crescent Societies shall provide the
Joint Commissions Secretariat. The Joint Commission shall meet at Geneva, in
principle at the headquarters of the International Federation of Red Cross and Red
Crescent Societies.

ARTICLE 3
The capital of the Fund as well as subsequent donations and contributions shall
remain intact. Only revenues provided by interest and capital gains may be used for
EMPRESS SHKEN FUND 715

allocations awarded by the Joint Commission to meet all or part of the cost of the
activities enumerated below:
a) Disaster preparedness
b) Activities in the field of health
c) Blood transfusion services
d) Youth activities
e) First aid and rescue programmes
f) Activities in the field of social welfare
g) Dissemination of the humanitarian ideals of the Red Cross and Red
Crescent
h) Such other programmes of general interest for the development of the
activities of the National Red Cross and Red Crescent Societies.

ARTICLE 4
National Red Cross and Red Crescent Societies wishing to receive an allocation
shall make the necessary application through their Central Committees to the
Secretariat of the Joint Commission before 31 December of the year preceding that
in which the allocations are to be made. Applications shall be supported by full
details concerning the particular activity selected from among those specified in
Article 3 above.

ARTICLE 5
The Joint Commission shall examine the applications mentioned in the
previous Article and shall make such allocations as it considers just and suitable. It
shall each year communicate the decisions it has taken to National Red Cross and
Red Crescent Societies.

ARTICLE 6
National Red Cross and Red Crescent Societies which feel obliged by
circumstances to put the allocations received to uses other than those specified in
their applications for grants under Article 4 must ask for the Joint Commissions
approval before doing so.

ARTICLE 7
National Red Cross and Red Crescent Societies shall send to the Joint
Commission, not later than twelve months after receipt of the allocations, a report
on the use of the allocations received.
716 STATUTES AND REGULATIONS DOC. XIV

ARTICLE 8
The announcement of distribution shall take place each year on 11 April, the
anniversary of the death of H.M. The Empress Shken.

ARTICLE 9
A sum which shall not exceed CHF 50,000 shall be set aside to cover the cost of
administering the Fund and of assisting the National Societies concerned in the
realisation of their projects.

ARTICLE 10
The Joint Commission shall present to each Council of Delegates of the Red
Cross and Red Crescent a report on the current financial situation of the Fund, the
allocations which have been made since the preceding Council and the use made of
those allocations by National Societies. The Council of Delegates shall transmit this
report to the Japanese Imperial Family through the intermediary of the Japanese
Red Cross Society.
XV
REGULATIONS FOR THE FRENCH FUND
MAURICE DE MADRE

(Adopted by the ICRC Assembly on 9 September 1974


and amended on 9 April 1981 and 13 December 1995)

ARTICLE 1
The French Fund Maurice de Madre consists of the property bequeathed
to the International Committee of the Red Cross under the will made by
Comte Maurice de Madre, who died on 25 December 1970.

ARTICLE 2
1. In accordance with the deceaseds last wishes, the income of the Fund and,
depending on the circumstances, the capital shall be used to provide assistance
for persons of the permanent or temporary staff of the components of the
International Red Cross and Red Crescent Movement, such as first-aid workers,
delegates or nurses who, in the course of their work or during war operations or
natural disasters, have suffered injury and have thereby found themselves in
straitened circumstances or in reduced health.
2. If persons specified under paragraph 1 above should lose their lives in the
course of their humanitarian mission, a financial subsidy may be paid to their
families should the latter find themselves in consequence in such straitened
circumstances that aid would be necessary.
3. The Board may, exceptionally, provide assistance for the training and
professional reintegration of:
- staff members seriously reduced in health;
and may come to the aid of:
- close relatives of staff members;
- members of families of deceased staff members, even if their death was due
to illness, accident or other causes not directly linked to their work within
the Movement.
4. The beneficiaries shall be selected by the Board of the Fund, which shall
establish the amount to be paid and the manner of payment.
718 STATUTES AND REGULATIONS DOC. XV

ARTICLE 3
1. The Fund shall be administered by a Board composed of five members
appointed by the ICRC Assembly, possibly on the Boards recommendation.
The Board may propose any person it wishes to take part in its work in
particular a staff member of the ICRC or the Federation, subject to the
agreement of the respective organization or a member of the
Comte de Madres family. The Assembly shall appoint the Chairman of
the Board. The Board shall consist of two members, either Committee or
staff members, of the ICRC; one staff member of the International
Federation of Red Cross and Red Crescent Societies; one member of the
Comte de Madres family, if it wishes to be represented; and a fifth person
whose services the Board desires.
2. The members of the Board, except for the representative of the
Comte de Madres family, shall be subject to re-election every four years and
may not remain in office for more than three consecutive terms.
3. The ICRC shall be responsible for the secretariat, administration and accounts
of the Fund.

ARTICLE 4
The Fund shall be administered separately from other ICRC property and its
accounts shall be separate. They shall be audited each year by an independent firm
of auditors. The yearly accounts of the Fund shall be submitted to the ICRC.
The Board may sell assets forming part of the Fund and may freely reinvest the
proceeds of such sales in such a way as to carry out the testators wishes in the best
possible manner.

ARTICLE 5
Should it become apparent that the testators wishes can no longer be fulfilled or
can be carried out to a small extent only, the Board may recommend the ICRC to
appropriate the existing property for other humanitarian and benevolent uses.
Such recommendations would be examined in a plenary session of the ICRC,
which would reach a decision after further discussions at a subsequent session.

ARTICLE 6
The present Regulations may be amended under the same conditions as
provided for in the ICRCs Rules of Procedure, but the purpose of the Fund, as
expressed in the Comte de Madres general intentions, may not be changed.
PART THREE

MAIN POLICIES OF THE INTERNATIONAL RED CROSS


AND RED CRESCENT MOVEMENT

Policies
SECTION I

THE FUNDAMENTAL PRINCIPLES1

Principles

The Board of Governors agrees that the Fundamental Principles of the


institution of the Red Cross and Red Crescent up to the present time have been the
following: the impartiality, the political, religious and economic independence, the
universality of the Red Cross and the equality of the National Red Cross Societies.
To these the Board of Governors decides that the following principles should be
added:
1. That Red Cross Societies are voluntary, public and self-governing organizations.
2. That a National Red Cross Society of a country must be recognized by its
Government and should carry out its work in agreement with the medical
services of the Armed Forces, Public Health Services and other appropriate
bodies in order to supplement official services.
3. That the use of the Red Cross name and emblem is governed by the Geneva
Convention. A Red Cross Society should not share, for any purposes, the Red
Cross name or emblem.
4. That the basis of the activities of Red Cross Societies should be the spreading of
humanitarian ideas among the people and the practical work of preventing and
alleviating the sufferings of humanity.
5. That, taking into account that war is the most horrible disaster for humanity,
Red Cross Societies will conduct those activities which will create conditions
necessary for the maintenance of peace.
6. That if, despite all efforts to the contrary, war should break out, a Red Cross
Society must direct all its efforts to lessening the distress caused by the war; to
improving the condition of the sick, wounded and prisoners of war; to
protecting the civilian population, particularly women and children, from the

1 The Fundamental Principles were proclaimed by the 20th International Conference of the Red Cross
(Vienna, 1965) and incorporated after undergoing a few purely formal changes into the Statutes of the
International Red Cross and Red Crescent Movement adopted by the 25th International Conference
(Geneva, 1986). The full text of the Fundamental Principles can be found in the Preamble to the Statutes
(see Part Two, Chapter I).
In addition to the Vienna proclamation, the text of which is given below, a number of other resolutions
deal with the Movements basic policy guidelines and the implementation of the principles. As they have lost
none of their value, these texts are the subject of the present chapter.
722 SECTION I

horrors of war and to giving them moral and material help; this work to be
carried out either independently or in cooperation with the services of the
Armed Forces and with the Governments Civil Defence Services.
7. That taking into account the widespread distress caused to humanity by floods,
earthquakes and other calamities arising from natural causes, a Red Cross Society
should do everything in its power to decrease the suffering which results from
these disasters whether they are within its own country or in cooperation with the
Red Cross Society of the country in which the disaster has occurred.
8. That a Red Cross Society should do all in its power to prevent and to decrease
the suffering which results from epidemic and social diseases. It should either
independently or in cooperation with the appropriate Government or any other
suitable organization working in the field of health or social service, take steps
to organize institutions, i.e. hospitals, dispensaries, clinics, etc., to render
medical help to the population of its country and to extend knowledge of
personal and public hygiene among all categories of the people.
9. That, to carry out its aims it is essential that a Red Cross Society should be
organized on a truly democratic basis. It should take all possible steps to ensure
that membership of the Red Cross Society is open to all citizens.
10. That the principal source from which a National Red Cross Society should
receive its financial support should be derived from membership fees and
voluntary donations either from individuals, organizations or institutions. If a
Government votes for a Red Cross Society funds destined to accomplish its
fundamental purposes, such funds should not be accepted except with the
condition that the Red Cross Society in question retains its independence in the
particular case with regard to the utilization of the funds and as concerns the
independence of the Red Cross in general.
11. That, remembering that the child is the adult of the future, a Red Cross Society
should pay special attention to the need for bringing up youth with a knowledge
of Red Cross ideals and with a recognition of the worldwide spirit and meaning
of the symbols of the Red Crescent and of the Red Cross.
12. That, in a case where a National Red Cross Society wishes to cooperate with
other private organizations, its freedom of action and Red Cross identity be
clearly preserved in all circumstances.
A National Red Cross Society has full liberty to cooperate with its Government
and also with other organizations on condition, it is understood, that their
activities are in concord with the principles of the Red Cross.
13. It is desirable that a National Red Cross Society should become a member of the
League of Red Cross Societies, fulfilling the humanitarian principles
conditional to membership.
The Board of Governors suggests that the Red Cross Societies should exercise a
wide discretion in applying the above principles and should not be deterred
THE FUNDAMENTAL PRINCIPLES 723

from helping the distressed by too rigid an interpretation. It is, however,


essential that all Red Cross action should be governed by these basic principles
and should be directed to clearly defined objects.
National Red Cross Societies should maintain their independence, establish
their own statutes, and in keeping with the Red Cross spirit carry out those
humanitarian actions they find most useful according to the conditions
prevailing in their own particular countries. (Board of Governors,
XIXth Session, Oxford 1946, Resolution 12)

II

Application of the Principles


1. A Red Cross society should take necessary action in the event of the illegal use
of the Red Cross emblem or of the unauthorized use of the Societys uniform,
badges or name.
2. A Red Cross Society should train personnel for the work in its organization and
institutions which will relieve sickness, suffering or distress, especially the
casualties of war, irrespective of race, nationality, class, creed or political
considerations. The Red Cross Society should maintain a permanent and active
organization for these purposes throughout its territory.
3. A Red Cross Society must be able and ready to carry out those services in war
which are the special duty and privilege of the Red Cross. This includes such
services as:
a) acting as a recognized auxiliary to the Medical Services of the Armed Forces
under the Geneva Convention;
b) relief of prisoners of war under the Prisoners of War Convention; relief of
civilian war victims;
c) the Red Cross Enquiry and Postal Message System in belligerent countries;
d) tracing the missing and reporting on the wounded.
4. A Red Cross Society should maintain its position as an independent voluntary
organization as recognized by the Government, local authorities and other
voluntary organizations engaged in similar work; in time of war as in time of
peace the privileged status of the Red Cross in war may be jeopardized if the
Society does not retain its independence and maintain the integrity of its aims
in accordance with Red Cross principles.
5. A Red Cross Society should encourage and promote the Junior Red Cross
movement amongst boys and girls. The aims of this movement are to teach the
importance of service to others, the formation of healthy habits of living, the
development of a sense of social responsibility, and the strengthening of the
great bond of international friendship existing between Junior Red Cross
Sections of National Red Cross Societies all over the world.
724 SECTION I

6. In preparation of nursing and first aid services, a National Red Cross Society
should train nurses and other personnel to render medical and other forms of
supplementary assistance to the public both during war and during peace.
(Board of Governors, XIXth Session, Oxford, 1946, Resolution 12 and Board of
Governors, XXth Session, Stockholm, 1948, Resolution 7)

III

Reaffirmation of the Fundamental Principles of the Red Cross


The XVIIIth International Red Cross Conference,
a) reaffirms the Fundamental Principles of the Red Cross adopted by the Board of
Governors of the League of Red Cross Societies at their XIXth meeting in Oxford
in July 1946 and subsequently amended at their XXth meeting in Stockholm in
1948,
calls upon all National Societies to adhere strictly to these principles in order to
maintain the tenets of impartiality; political, racial, religious and economic
independence; universality of the Red Cross; and equal rights of National
Societies, which are the cornerstones of the Red Cross movement;
b) noting the useful results which have been achieved by the Conference despite the
introduction in certain cases of political issues,
expresses its determination not to allow such issues to undermine the work of the
Red Cross at any time,
declares its unabated faith in the Red Cross as a movement concerned solely with
humanitarian activities which help to promote mutual understanding and good
will among nations whatever their political differences,
affirms the importance of all National Red Cross Societies working together at all
times for the promotion of health, the prevention of disease, and the mitigation of
suffering throughout the world. (Toronto, 1952, Resolution X)

IV

Observation of strict political neutrality by National Societies


The Board of Governors,
recalling the determination expressed by the XVIIIth International Red Cross
Conference that political issues should not be allowed to undermine the work of
the Red Cross at any time,
recognizing that it is essential for the Red Cross to observe strict neutrality in
political spheres,
considers that all National Societies should be vigilant in the maintenance of
such neutrality at all times,
THE FUNDAMENTAL PRINCIPLES 725

calls on all National Societies to ensure that their written communications,


publicity material, official publications and pronouncements do not contain
political opinions or judgements or any other statements which might cast doubt
on the political neutrality of the Red Cross. (Board of Governors, XXVth Session,
Athens, 1959, Resolution 16)

Proclamation of the Fundamental Principles of the Red Cross


The XXth International Conference of the Red Cross,
proclaims the following Fundamental Principles on which Red Cross action is
based:
Humanity The Red Cross, born of a desire to bring assistance without
discrimination to the wounded on the battlefield, endeavours
in its international and national capacity to prevent and
alleviate human suffering wherever it may be found. Its purpose
is to protect life and health and to ensure respect for the human
being. It promotes mutual understanding, friendship,
cooperation and lasting peace amongst all peoples.
Impartiality It makes no discrimination as to nationality, race, religious
beliefs, class or political opinions. It endeavours to relieve the
suffering of individuals, being guided solely by their needs, and
to give priority to the most urgent cases of distress.
Neutrality In order to continue to enjoy the confidence of all, the Red Cross
may not take sides in hostilities or engage at any time in
controversies of a political, racial, religious or ideological nature.
Independence The Red Cross is independent. The National Societies while
auxiliaries in the humanitarian services of their Governments
and subject to the laws of their respective countries, must always
maintain their autonomy so that they may be able at all times to
act in accordance with Red Cross principles..
Voluntary Service The Red Cross is a voluntary relief organization not prompted in
any manner by desire for gain.
Unity There can be only one Red Cross Society in any one country. It
must be open to all. It must carry on its humanitarian work
throughout its territory.
Universality The Red Cross is a worldwide institution in which all Societies
have equal status and share equal responsibilities and duties in
helping each other. (Vienna, 1965, Resolution VIII)
726 SECTION I

VI

Reading of Principles
The XXth International Conference of the Red Cross,
decides that the Fundamental Principles shall be solemnly read at the opening of
every International Conference of the Red Cross. (Vienna, 1965, Resolution IX)
SECTION II

PROMOTION OF NON-DISCRIMINATION

Elimination of racial discrimination


The XXIInd International Conference of the Red Cross,
conscious of the absolute necessity to safeguard the Principles and Declarations of
the Red Cross, and to maintain its image in the eyes of the public,
desirous of interpreting through action the humanitarian principles proclaimed by
International Conferences of the Red Cross,
aware of the fact that the Red Cross can be a major contributing factor to world
peace,
condemns all forms of racism and racial discrimination at all levels and which
might occur within National Red Cross Societies,
congratulates the Board of Governors of the League of Red Cross Societies and its
Chairman for having set up a working group to study The Role of the Red Cross in
the Elimination of Racism and Racial Discrimination,
invites the ICRC, the League of Red Cross Societies and National Red Cross
Societies to implement the Plan of Action as approved by the Board of Governors of
the League and by the Council of Delegates. (Teheran, 1973, Resolution X)

PLAN OF ACTION AGAINST RACISM AND RACIAL DISCRIMINATION

I. FOREWORD
The desire not to practice discrimination is at the very centre of the birth of the
Red Cross when Henry Dunant cared for both friend and foe. This desire has
marked the whole expansion of Red Cross activities and has found its embodiment
in the basic Principle according to which it makes no distinction as to nationality,
race, religion, social condition or political persuasion.
With its aim to ensure respect for the human being in all circumstances and in
all places, on the basis of the Principle of Humanity, the Red Cross considers that
discrimination based on race is, like other unjustified forms of discrimination, a
serious infringement of respect for human dignity.
Considering that the struggle against racial discrimination has for a long time
been a major concern to the United Nations and many international governmental
and non-governmental organizations and that the efforts in this direction have
assumed special proportions through the proclamation of the Decade against
racism and racial discrimination, the Red Cross true to the principles recalled
728 SECTION II

above considers it necessary to join this movement and to make its own
contribution.
Convinced of the value of education in the widest sense of the term and of
active participation of Youth in these efforts, the Red Cross is more than ever before
in duty bound to be a living example of a non-racist state of mind in all its actions
and its whole attitude.

II. PRINCIPLES
1. In carrying out their activities, whatever they may be, all the members of the
International Red Cross should strictly respect the principle of racial non-
discrimination on the basis of the Red Cross Principles and as it is understood
in particular in the United Nations Declaration of the elimination of all forms
of racial discrimination.
2. All the members of the International Red Cross should participate with all the
means available to them in the struggle against racism and racial discrimination
in order to make their contribution towards the elimination of these evils.
3. Racism and racial discrimination exist in varied forms and to varying degrees
in all regions of the world. The struggle against them therefore has an
international character even if in the case of countries subject to these
scourges methods adapted to each of them are required for their elimination;
all the members of the International Red Cross should, therefore, join in this
common struggle.
4. Through their action, all the members of the International Red Cross should be
a living example of an attitude opposed to racial discrimination.
5. Red Cross action should be based on the definitions of racism and racial
discrimination included in the United Nations Declaration on the elimination
of all forms of racial discrimination, as well as on the tasks provided for in this
instrument and in the UN Convention on the same subject. It should, therefore,
be the expression of the desire of the Red Cross to join in the general struggle
against racism. Through the programme indicated below, the Red Cross enters
upon the Decade of action to combat racism and racial discrimination which
will start on 10 December 1973 and which the United Nations General
Assembly proclaimed on 15 November 1972 (Resolution 2919/XXVII). The
United Nations ought to be informed of the practical measures covered by this
programme and through which the Red Cross will make its contribution to the
elimination of racism and racial discrimination.
6. Red Cross action should be undertaken in such way as to safeguard and respect
the independence and freedom of each National Society. It must take this
requirement into account in an appropriate way by, in particular, using all
available means of contact and persuasion before having recourse to other
measures.
PROMOTION OF NON-DISCRIMINATION 729

7. As close cooperation between all the members of the International Red Cross is
needed, the ICRC and the League should strengthen their collaboration in this
field for this purpose and exchange information on the situation of countries
and National Societies within which racial discrimination exists or is tending to
develop, so that appropriate action can be taken.
8. Although Red Cross cooperation with other governmental and non-
governmental organizations, particularly the United Nations specialized
agencies, is essential in the struggle against racism and racial discrimination,
the Red Cross must, in this cooperation effort, maintain its own identity, in the
spirit of its principles.
9. The Red Cross bodies must make known at all levels and by all appropriate
channels, particularly the audiovisual means at hand, their position and their
achievements in the struggle against racial discrimination.
10. As the struggle against other forms of discrimination which are also violations
of the dignity and fundamental rights of human beings is also fundamental,
the management bodies of the International Red Cross must strive to explore
ways of combating these other forms of discrimination.

III. PROGRAMME OF ACTION FOR THE MEMBERS


OF THE INTERNATIONAL RED CROSS
a) National Red Cross, Red Crescent and Red Lion and Sun Societies
National Societies are invited to take the following measures:
1. Include in their statutes, if no mention is yet made, a clause specifying that all
nationals, whatever their race, may become members of the Society, participate
in its activities and be elected to responsible posts, whatever they may be. Such
a clause can be combined with those excluding other forms of discrimination,
in accordance with the Red Cross Principles.
2. Include in their statutes, if no mention is yet made, a clause specifying that the
Society offers its service to all without any discrimination, in particular as to
race.
3. Come to the assistance of victims of racism and racial discrimination in the
country itself.
4. Arrange for the governing bodies of the Society to adopt a special resolution
enjoining all members and all sections to give an example through their non-
racist activities.
Launch a special programme of action and education to eliminate racism as
well as racial discrimination, and for this purpose establish many and varied
activities in all fields of Red Cross action, depending on the special conditions
of the country and trying to develop in particular a spirit of racial tolerance.
730 SECTION II

In this way show Governments and the peoples of the whole world the true image
of the Red Cross: a demonstration through action of a non-racist attitude, while
giving considerable support to the struggle against racial discrimination.
5. Devote special attention to youth in this programme of action (in particular,
establish close cooperation between young people and adult members in
carrying out certain activities, provide for more intensive training of youth and
for their increased participation in programmes which may contribute to the
elimination of racism and the promotion of a spirit of racial tolerance, support
the organization of study centres and meetings for young people).
6. If necessary, provide for special programmes for migrant workers in order to
eliminate all forms of racism and racial discrimination to which these workers
might be subjected.
7. In the context of activities outside the country, take the initiative of launching
actions which may contribute to the elimination of racial discrimination, such
as the twinning of local and regional sections of National Societies in different
continents or the exchange of visits between these sections.
8. Participate in international relief action for victims of racism and racial
discrimination.
9. Approach their respective Governments with a view to their taking effective
measures against racism and racial discrimination; support the actions already
launched by the Government.
10. Cooperate with other organizations undertaking an action in this sphere in the
country itself, while safeguarding the independence of the Red Cross in
carrying out such actions.
11. Concentrate on making the general public more familiar with the struggle
conducted by the National Society in this field For this purpose launch large-
scale information campaigns with the cooperation of eminent personalities
from educational, cultural and religious circles strengthen the bonds with the
mass media authorities (press, radio, television, etc.) in order to ensure wider
dissemination of information on the efforts made to eliminate racism and racial
discrimination.
12. Try to have texts which might indirectly lead to racism and racial
discrimination removed from school books, a measure involving close
cooperation between National Societies and the Ministry of Education of their
country.
13. Take the above measures not only at national headquarters level, but also extend
them to regional sections and basic organizations, whenever possible.

b) League of Red Cross Societies


The League is invited to take the following measures:
PROMOTION OF NON-DISCRIMINATION 731

1. Launch an appeal to all National Societies inviting them to carry out their
activities on the basis of the principle of racial non-discrimination, in
accordance with the statutes and Principles of the International Red Cross as
well as in the spirit of the United Nations Decade on the elimination of all forms
of racial discrimination.
2. Encourage National Societies to undertake all actions likely to eliminate racism
and racial discrimination.
3. Submit the question of Red Cross action in this field to the Advisory Committee
involved in order to obtain the adoption of concrete recommendations on the
execution of possible actions in all fields of Red Cross activity.
4. Concerning National Societies of countries where racism and racial
discrimination exist, first get in touch with the President or Secretary General
of the Society involved; then, on the basis of the results of these contacts, submit
to the competent League body proposals for the continuation of the action in
view to the final measures and the application of sanctions to be adopted by the
Board of Governors, including the possibility of launching an international
relief action for the victims of racism and racial discrimination.
5. a) When, in the case covered under the above point, a duly recognized National
Society which is a member of the League is involved, examine the possibility of
taking the measures laid down in Article 9 of the League Constitution, it those
indicated under point 4 prove of no effect.
b) Still in the same case, when a National Society has not yet been recognized,
tell this Society unequivocally that its recognition and admission to the League
are only possible, provided it adopts the principle of racial non-discrimination
and includes the struggle against racism and racial discrimination in its
programme of action.
6. Ask National Societies to submit periodic reports on the action they have taken
at the national level to combat racism and racial discrimination, reports to be
established on the basis of a questionnaire adopted by the Board of Governors,
which will also decide on their frequency and the examination procedure.
7. Set up within the organization a permanent specialist body to examine the
reports of National Societies on the struggle against racial discrimination and
all the questions related to Red Cross action in this field; put the question of Red
Cross action in the struggle against racism and racial discrimination on the
agenda of regional conferences.
8. Establish educational programmes aimed at promoting the concepts of
brotherhood and world solidarity, through the intermediary of Red Cross
Youth.
9. In carrying out these various activities, take advantage of all opportunities to
contribute to the elimination of racism and racial discrimination (for example:
732 SECTION II

have recourse to multi-racial teams in international relief actions; participate in


international events related to the struggle against racism and racial
discrimination, such as Anti-Racism Day organized by the UN on 21 March;
commemorate World Red Cross Day in the spirit of this theme).
c) International Committee of the Red Cross
The International Committee is invited to determine its own tasks in the
struggle against racism and racial discrimination, tasks which should in
particular comprise the following measures:
1. Examine the steps to be taken regarding already recognized National Societies
practicing racial discrimination, including the possibility of withdrawing
recognition, in case all other measures fail.
2. Help the victims of racism to endeavour to obtain the application of the Geneva
Conventions to these victims and in particular to freedom fighters engaged in
the fight against racism, in accordance with the United Nations resolutions.
3. Make every effort to intervene in conflicts and situations of tension involving
suffering due to racism and to give effective assistance to victims of racism,
without prejudice to the help it must provide to other victims, in accordance
with the Red Cross Principles.
4. When it hears of cases of racism and racial discrimination, consult the League
with a view to, in particular, studying the feasibility and possibility of
undertaking a Red Cross relief action for the victims of these racial
occurrences. (Board of Governors, XXXIInd Session, and the Council of
Delegates, Teheran, 1973).

II

Strengthening humanitarian values across religious,


political and ethnic lines
The Council of Delegates,
having received the decision of the International Federations General Assembly,
entitled Strengthening Humanitarian Values across Religious, Political and Ethnic
Lines (see annex),
endorses this decision and requests the National Red Cross and Red Crescent
Societies to act upon it with the support of the International Committee of the Red
Cross and the International Federation of Red Cross and Red Crescent Societies.
(Council of Delegates, Geneva, 2001, Resolution 12)
PROMOTION OF NON-DISCRIMINATION 733

Annex to Resolution 12

Decision of the General Assembly of the International


Federation of Red Cross and Red Crescent Societies
The General Assembly,
taking into account discussions in the Assembly and its Working Groups on the
subject,
welcomes the attached decision of the Governing Board, and
invites the Secretary General to bring it to the attention of the Council of
Delegates,
requests all National Societies to take the measures outlined in this decision,
requests the Secretary General to continue development of action to support the
National Societies initiative in this field,
further requests the Federation Governing Board to review action in follow-up
to this decision at its next meeting.

*****

The Governing Board,


recognizing that acts against humanity create conditions in which millions of
people are placed in fear of their lives and in which their economic and social well-
being is jeopardized,
further recognizing that the Red Cross and Red Crescent Movement, and
especially the National Societies, can play a pivotal role in restoring and
strengthening humanitarian values across religious, political and ethnic lines,
recalling, in this context, the commitment by National Societies and States to
cooperate and, as appropriate, take initiatives to promote tolerance, non-violence
in the community and cultural diversity, as stated in the International Plan of
Action adopted in 1999 by the 27th International Conference of the Red Cross and
Red Crescent,
invites National Societies to establish or further develop partnership
arrangements with other National Societies to strengthen their work to combat
discrimination and violence;,
recalls that in keeping with Red Cross and Red Crescent Principles, these
partnerships should ignore ethnic, religious or political boundaries,
requests all National Societies to enhance their dialogue with governments to
promote tolerance and understanding globally as well as in their communities,
requests all National Societies to commit themselves to advocate actively to
protect the basic rights of groups and individuals at risk in their countries and,
where necessary, to work with partners, including government agencies, to create
conditions of safety for persons endangered by violence or discrimination,
734 SECTION II

requests the Secretariat to further develop, in close consultation with National


Societies and the ICRC, an advocacy programme for tolerance, non-violence and
cultural diversity,
welcomes the solidarity expressed by National Societies and all components of
the Movement with the victims of the devastating acts of 11 September 2001 and
their aftermath,
recalls the role of the Red Cross and Red Crescent Movement as an effective
mobilizer of assistance to all victims of violence, including terrorism and all forms
of conflict,
invites the President to draw this decision to the attention of the General
Assembly at its forthcoming Session.

III

Promote respect for diversity and fight discrimination and intolerance


The Council of Delegates,
recalling Resolution 12 of the 2001 Council of Delegates which aimed at
strengthening humanitarian values across religious, political and ethnic lines,
further recalling that discrimination, intolerance and disrespect for the diversity
of human life remains an endemic problem in many parts of the world,
jeopardizing the efforts of civil society and governments to build prosperous and
sustainable communities in which people can live and work together free from fear
and want,
recalling the commitment by National Societies and States to cooperate and, as
appropriate, take initiatives to promote tolerance, non-violence in the community
and respect for cultural diversity, as stated in the Plan of Action adopted in 1999 by
the 27th International Conference of the Red Cross and Red Crescent,
taking note of the recommendations and suggestions offered by National
Societies, including during the debates at the Council of Delegates 2003,
1. reaffirms the commitment of all components of the Movement to strengthen the
application of the Fundamental Principles and the promotion of humanitarian
values across religious, political and ethnic lines, both in their internal affairs
and in their humanitarian services,
2. requests the different components of the Movement, in conformity with their
respective mandates, to work at the local, national and international levels to
promote tolerance, non-discrimination and respect for diversity, and to take
actions in conformity with those outlined in the attached annex,
3. invites the ICRC, the International Federation and National Societies, on the
basis of their participation to relevant meetings and of consultations, to
formulate a position paper and/or guidelines for the components of the
PROMOTION OF NON-DISCRIMINATION 735

Movement on respect for diversity and fight against discrimination and


intolerance, which will be presented at the 2005 Council of Delegates,
4. requests all components of the Movement to relate their work in this area with
the implementation of the related aspects of the Declaration and the Agenda for
Humanitarian Action adopted at the 2003 International Conference. (Council
of Delegates, Geneva, 2003, Resolution 9)

Annex to Resolution 9
Mobilization and action The way forward
(Extract from 2003 Council of Delegates Background paper item 7.1 of the agenda)
As already outlined, different components of the Movement have undertaken
activities which have as their aim the fight against intolerance and discrimination.
However, much more can and must be done. Individually and together as a
Movement a concerted effort needs to be made in this regard. Ideas for
mobilization and action include:
1. Ensuring openness and diversity within the components of the
International Red Cross and Red Crescent Movement:
a) Presidents and Secretaries-General within the Movement organizations
should undertake an assessment of the composition of the leadership, staff,
volunteers and membership of the organizations they lead.
b) Imbalances in membership on whatever ground race, religion, sex, age,
must be identified and urgently addressed.
c) Components of the Movement, particularly National Societies, which have
already taken actions in this regard are called on to share their experiences,
so we can all learn from the work of others.
d) A voluntary reporting on the outcomes of actions taken in this regard could
be made at the 2005 Council of Delegates.
2. Looking outward for insight and understanding :
a) The Movement should invest resources to understand emerging trends in
our communities which fuel intolerance, discrimination and lack of respect
for diversity and which can combat them.
b) The Movement should systematically network with those who are working
for the same endeavour building partnerships to promote dialogue and
inclusion with international and national organizations, in the non-
governmental and private sectors.
3. Promoting public dialogue and advocacy :
a) Each component of the Movement must review the messages it
communicates not only what it wants to say but what is actually heard by
those we want to reach.
736 SECTION II

b) We must understand how we are perceived and ensure that we are viewed as
tolerant, non-discriminatory and that we respect diversity.
c) We must develop clear and categorical messages that as components of the
International Red Cross and Red Crescent Movement we are guided by the
belief that tolerance is necessary and that the diversity of cultures and beliefs
is an essential component of the world we live in.
d) We must strengthen or develop advocacy tools in order to promote
tolerance, non-discrimination and respect for diversity at national and
international forums.
e) Movement components should maximize the use of communication tools at
our disposal to do this publications, world-wide web and our messages to
the media.
4. Strength in preparedness Being proactive and reactive :
a) The different components of the Movement in conformity with their
respective mandates must work at the local, national and international levels
to promote tolerance, non-discrimination and respect for cultural diversity.
b) National Societies, with the support of the ICRC and the International
Federation, will give particular attention to the needs of persons and groups
who are particularly marginalized or in need, particularly those
marginalized and living in the shadows of disease, lack of legal status or
homelessness.
c) Such programmes should be inspired by and build on the programmes
developed to combat discrimination and violence, and take special account
of the needs of children and the ageing, families of persons missing as a
result of armed conflict or internal violence, and, other victims of armed
conflict.
d) The International Federation must expand its Global/Local Action
Programme against discrimination and, in cooperation with National
Societies, build partnerships with governments and other international
organizations to ensure its effective implementation.
e) The different components of the Movement must seek out means to support
efforts for dialogue, reconciliation and trust-building amongst communities
including at the end of hostilities. Initiatives must be taken to bring
communities together recognizing the strength and value that comes
from coexistence and to ensure groups are not forgotten or excluded.
f) During situations of armed conflict or internal violence, the ICRC, together
with other components of the Movement, must make every effort to
encourage respect for and implementation of the Fundamental Principles
and international humanitarian law and ensure its dissemination.
g) National Societies, with the support of the ICRC, must strengthen their
peacetime programmes of dissemination of international humanitarian law
and of the Fundamental Principles, evaluating lessons learned from its
PROMOTION OF NON-DISCRIMINATION 737

Exploring Humanitarian Law (EHL) programme and developing innovative


ways to reach and influence communities where tensions are high.
h) The ICRC and National Societies must make every effort to ensure that
persons missing as a result of armed conflict or internal violence and/or
persons still deprived of their liberty after the end of hostilities or internal
violence are not forgotten and that obligations under international law are
met so as to foster reconciliation amongst communities.
5. Learning from experience and developing new initiatives internally and
with other organizations :
In order to ensure that the components of the Movement identify the best
practices, learn from them and reach out to other organizations, the ICRC and
the International Federation should
a) convene a meeting or series of regional meetings of experts from inside and
outside the Movement to exchange ideas on best practices and initiatives to
combat intolerance, discrimination and lack of respect for diversity,
b) identify, with National Societies, actions that at the national and local level
have hindered or helped in the fight against intolerance, discrimination and
lack of respect for diversity,
c) intensify their work with other international organizations working towards
similar objectives, both at headquarters and in cooperation with National
Societies,
d) formulate a position paper and/or guidelines for the components of the
Movement on tolerance, non-discrimination and respect for diversity, which
will be presented at the 2005 Council of Delegates outlining the outcomes of
the experts meeting(s) and experience gained since the 2003 Council.

IV

Promoting respect for diversity and non-discrimination


A contribution to peace and friendship between peoples
The Council of Delegates,
recalling Resolution 9 of the 2003 Council of Delegates,Promoting respect for
diversity and fighting discrimination and intolerance, the pledge made by the
International Federation at the 28th International Conference in 2003 regarding
non-discrimination and respect for diversity, and the declaration adopted by that
International Conference on the theme of Protecting human dignity,
emphasizing the desire of the Movements components to implement and
promote the Movements Fundamental Principles effectively and to base their work
purely on the desire to prevent and alleviate the suffering of victims and vulnerable
people, with no adverse distinction between groups,
738 SECTION II

concerned by a lack of commitment among some Movement components to


apply these principles and in particular by insufficient understanding of the
principles raison dtre and their meaning,
convinced of the importance of the action that the Movements components
undertake on the basis of their respective mandates and in the areas that
correspond to their respective responsibilities and missions, action intended to
promote mutual understanding, friendship, cooperation and lasting peace between
all peoples,
1. thanks the ICRC and the International Federation for having undertaken
consultations on this question and for preparing the joint report on this
important issue;
2. endorses the reports general principles and conclusions and requests the
components of the Movement to apply them. In particular, the Council of
Delegates asks that the Movements components:
a) be particularly attentive to discrimination, intolerance, exclusion and
dehumanization in the areas connected with their respective mandates and
fields of activity;
b) promote the short and long-term interests of those receiving humanitarian
aid and associate them with decisions that affect them to the greatest degree
possible;
c) conserve their specific characteristics and identity when working with other
organizations that specialize in the fight against discrimination, as required
by their respective mandates and the rules set out in the Movement Statutes
(art. 7.5) and the principles contained in the Minimum elements to be
included in operational agreements between Movement components and their
external operational partners; 1
d) serve as an example, in both the humanitarian work they do and the way
they do it avoiding any form of adverse discrimination whatsoever;
3. approves the General Criteria, Orientations and Guiding Questions annexed
and tasks the components of the Movement to refer to them when planning,
implementing and evaluating their programmes;
4. asks the National Societies to continue to keep the International Federation and
the ICRC informed regarding best practice and their experiences, so as to
enrich the Federation database;
5. calls on the components of the Movement to take account of the above
mentioned Guiding Questions when examining their statutes, to verify that they
contain no adverse discriminatory clauses but rather, create a legal framework
that will promote respect for diversity and non-discrimination;

1 Annex to Resolution 10 of the 2003 Council of Delegates.


PROMOTION OF NON-DISCRIMINATION 739

6. therefore asks the ICRC and the International Federation to continue to ensure
compliance with the aspects of non-discrimination and respect for diversity
when examining the statutes of National Societies in the Joint Commission for
National Society Statutes;
7. asks the International Federation to include non-discrimination and respect for
diversity in its Well-Functioning National Society Self Assessment
questionnaire;
8. encourages the ICRC, the International Federation and the National Societies to
pursue their efforts in accordance with their respective mandates to
promote and implement programmes, especially through their work to
promote the Fundamental Principles and the principles of international
humanitarian law, endeavouring to ensure respect for diversity and non-
discrimination, and to maintain their own commitment in these important
areas. (Council of Delegates, Seoul, 2005, Resolution 3)
740 SECTION II

Annex to Resolution 3

General criteria, orientations and guiding questions

General criteria
The work of the Movements components could well be guided by the following
general criteria:

The immediate and also long-term interests of the person one is aiming to
help must guide the action of the Movements components.
Action must be fully in accordance with the Movements Fundamental
Principles.
Where possible, the people who are to benefit from the action should be
involved in the decisions that affect them.
At international level, activities must be coordinated in accordance with the
Statutes and with the Seville Agreement. Where necessary, such activities
must be carried out in consultation and cooperation with the ICRC and the
International Federation, in accordance with their respective mandates.
As far as possible, the action of Movement components should be
coordinated with that of other organizations so as avoid duplication and gaps
in measures for helping victims and vulnerable persons, while maintaining
their independence and identity.2
Exchanges of information between National Societies are encouraged, and
constitute opportunities for the National Societies to exchange experiences
and share skills.
Calling in the services of experts can/should be encouraged where this will
help to guide the work of the Movements components in a particular area.

2 Art. 7.5 of the Movement Statutes; The Movements Policy on Advocacy.


PROMOTION OF NON-DISCRIMINATION 741

Guidance and guiding questions

Promoting respect for diversity,


fighting discrimination and intolerance

1 Ensuring openness and diversity


within the National Societies of the Red Cross and Red Crescent
Composition How much diversity is there in the leadership, staff, volunteers and
membership of the National Society?
To what extent does the composition of the National Society reflect
the diversity of the countrys communities (cultural, linguistic,
ethnic, religious) and in terms of age, sex, etc.?
Are there requirements governing the composition of every
National Society (in a charter, for example)? What are its objectives?
What measures are planned to fulfil the requirements and achieve
the objectives?
Recruitment Do the statutes of the National Society contain a clause specifying
that all citizens of the country can become members or volunteers
of the Society, participate in its activities and be elected to
positions of responsibility? If so, how is this clause formulated?
How have the National Societys recruitment procedures been
designed to attract volunteers from all ethnic, cultural, social and
religious communities and minorities?
Does the National Society have a system for analysing and
evaluating recruitment and the promotion of personnel?
Is there any imbalance in the National Societys membership in
terms of ethnic origin, religion, sex, age or language? How does the
National Society deal with imbalances?
Have there been any complaints of discrimination about
procedures?
Training Are there any negative perceptions or long-standing prejudices in
training programmes regarding the participation of members of
minority groups?
Are there any plans to raise staff awareness regarding respect for
cultural diversity? What would be the most appropriate form
(training, intercultural approach, role-playing, etc.)?
What kind of internal training is in place or envisaged to make staff
aware of prejudice, understand the processes that underlie it and
modify their behaviour accordingly?
What steps has the National Society undertaken to raise awareness
of staff working abroad as to what they should and should not do
in order to avoid offending those of other cultures?
742 SECTION II

2 Looking outward for insight and understanding


Community Is there a system for identifying and monitoring emerging
data forms of discrimination and intolerance in the national or local
collection community in the areas of the National Societys mandate?
What methods are used? Who collects the data? Are the data
collected at national level or locally? Who analyses the data? How
is the information used?
What effect does this information have on existing or future
programmes?
Studies To what extent is research available that has been conducted by
and research universities or other bodies regarding discrimination?
Reviewing To what extent do programmes or activities run by other
operational organizations already meet the main needs of communities that
experience suffer discrimination or intolerance?
Are there any lessons to be learned from the experience of
implementing the programmes?
3 Promoting public dialogue and advocacy
Dialogue Are discussions being held with the authorities to ensure that
legislative provisions and/or public statements do not contain
discriminatory clauses or references that run contrary to basic
rights?
Advocacy Does your National Society approach the government, local
authorities, members of the business community or other
appropriate bodies to raise their awareness of discrimination that
you have observed, and to discuss with them the measures that
should be taken or strengthened to counteract discrimination,
intolerance or exclusion?
Are operational experience and information acquired always used
to support your dialogue with the authorities?
What awareness-raising tools and methods are used to promote
respect for differences and diversity in local, national and/or
international fora or through specific action, in schools for
example?
What kinds of tool (new or otherwise) could be of use?

Inter- What role does your National Society play, where appropriate,
community in building mutual understanding, dialogue and reconciliation
dialogue between communities, both post-conflict and at other times?
What initiatives appropriate for a component of the Movement
could help to bring communities together and ensure that groups
are neither marginalized nor excluded?
Awareness- Does your National Society run information/awareness-
raising raising campaigns on discrimination and intolerance and/or
campaigns to promote respect for diversity?
PROMOTION OF NON-DISCRIMINATION 743

Commu- How does your National Society interact appropriately with


nication the media to avoid stigmatization related to intolerance and
discrimination towards certain categories or communities, and to
promote respect for cultural and social diversity?
Education Are the messages used in promoting diversity and fighting
discrimination clear and unambiguous?
Are there any indications as to how these messages are perceived
by those for whom they are intended?
What is the publics perception of the Red Cross and Red Crescent?
Is the National Society seen as an example of respect for difference
and diversity, and of non-discrimination?
What efforts are made to maintain dialogue, communication and
confidence with all communities, even in difficult periods?
What measures have been taken to ensure that messages, images,
symbols and language will not cause offence to certain
communities?
How does the National Society use such communication tools as
websites, publications, press releases, etc. to promote tolerance,
non-discrimination and respect for diversity?
4 Strength in preparedness Being proactive and reactive
Identifying Is local, national and international expertise of Movement
resources components identified? And used?
and expertise What practical experience has already been acquired?
What means are available for facilitating exchanges of experience
and expertise between the components of the Movement and
within the National Society itself?
Does the National Society have at its disposal an individual or
group with specific knowledge of the issue and capable of taking
action to ensure that anti-discriminatory measures are in place?
Allocation What resources have been allocated to translate commitments
of resources into action in the following areas:
- evaluation and analysis of situations;
- advice and assistance;
- training/education;
- dissemination/communication;
- implementation.
Financial Have potential resources been identified for financing
resources anti-discrimination programmes?
What resources have already been used? In what framework? For
what purpose?
744 SECTION II

Formulation Are programmes so designed as to reach everyone in need, without


of programmes discrimination?
and policies Do the National Society statutes contain a clause stipulating that
the Society offers its services without discrimination? If so, how is
this clause formulated? What possible forms of discrimination
have been identified?
Evaluation Does the National Society evaluate the implementation of its
programmes? If so, how? If not, why not?
Are the activities of the National Societies in this area reported
upon to any other body?
Partnership Do any other organizations engage in work complementary to that
of the National Society? Is the work of the National Society
complementary to that of other specialized organizations in this
area?
Are there areas in which it would be possible to work together with
other organizations or appropriate bodies while respecting the
Fundamental Principles and the Societys image and
independence?
Are there areas in which it would be possible to cooperate with the
ministry of education or other appropriate bodies, e.g. examining
school books or curricula with a view to eliminating prejudice
(cultural, social, sexist or other)?
Beneficiaries What steps are taken to ensure that programmes really do benefit
the most marginalized, the most vulnerable, the worst affected or
those most at risk of discrimination?
How are representatives of beneficiaries involved in programme
design, implementation and evaluation?
Have programmes aimed at specific social/cultural groups had any
negative side-effects that could stigmatize them still further, rather
than integrate them into the community?
Priorities Is action to counter the causes and consequences of discrimination
and exclusion reactive or proactive? Does such action aim to deal
with immediate problems or is it oriented towards long-term
effects?
Is the action undertaken capable of mitigating the effects of
dehumanization related to discrimination, by means of listening,
empathy and the restoration of confidence? Is this action capable
of building up the resilience of individuals or communities?
To what extent is it possible to use indicators based on
international human rights standards (such as denial of access to
education or services) in drawing up and evaluating programmes?
PROMOTION OF NON-DISCRIMINATION 745

5. Learning from experience and developing new initiatives


internally and with other organizations
Types of Does the National Society run education programmes aimed at
programme raising awareness of discrimination and respect for diversity, and
at encouraging knowledge of and respect for differences? Do these
programmes give priority to an intercultural approach? Do they
focus on various target groups such as schools, the media,
universities and the general public?
Are such programmes included in other training, such as first aid
or youth activities?
Do specific National Society programmes (in such areas as health,
refugees, migrants, youth and mutual understanding) incorporate
the issue of discrimination and promoting respect for diversity?
What synergy/cross-pollination exists between these different
types of programmes?
Is the promotion of the Fundamental Principles and of
international humanitarian law well-developed? Has it been
strengthened? Is it targeted? What use is made of new ways of
presenting these topics?
Impact and Have there been any measurable results?
evaluation How does the National Society evaluate the implementation of its
programmes with respect to the fight against discrimination?
Are indicators identified in advance, and in the light of the
objectives set?
How are recommendations resulting from the evaluations taken
into account in the next phases of the programmes?
SECTION III

ORGANIZATION OF NATIONAL SOCIETIES AND THEIR


RELATIONS WITH ACTORS OUTSIDE THE MOVEMENT

CHAPTER I

ORGANIZATION

I
MODEL LAW ON THE RECOGNITION OF THE
(NAME OF THE RED CROSS AND RED CRESCENT SOCIETY)*

(referred to in the Plan of Action for the years 2000-2003: Final goal 3.3-14(b),
27th International Conference, Geneva, 1999, Resolution 1)

Commentary
The purpose of this model law on Red Cross/Red Crescent Societies is to
encourage governments and National Societies to give due consideration to the legal
aspects of supporting and protecting the functions of the National Societies and, at the
same time, provide sample clauses covering the main areas of concern for the
Movement and from which to draw inspiration for legislative work.
The reference to recognition in the Title means that the special legislation
concerning the Red Cross or Red Crescent Society may, but does not always have to,
constitute the act through which a government formally recognises its Society as an
auxiliary to the public authorities in the humanitarian field on the basis of the Geneva
Conventions. Such recognition may derive from other acts of government (legislative
or executive branch).

ARTICLE 1
1.1 This law regulates the legal status of the (name of the Society) (hereinafter
called the Society) and may be quoted as The (name of the Society) Act.
1.2 The Society is a voluntary aid society, auxiliary to the public authorities in
the humanitarian field, recognised and authorised on the basis of the
Geneva Conventions (and their Additional Protocols) to render assistance
to the medical services of the armed forces in times of armed conflict.

* see Compendium of documents, Annex III of the 27th International Conference, Geneva, 1999.
ORGANIZATION OF NATIONAL SOCIETIES 747

1.3 The Society is the only National Society of the Red Cross or Red
Crescent in (name of the country). It carries out its activities on the
entire territory of (name of the country).
1.4 The Society shall at all times act in conformity with the Geneva Conventions
(and their Additional Protocols), the laws of (name of the country) and the
Fundamental Principles of the International Red Cross and Red Crescent
Movement adopted by the International Conference of the Red Cross and
Red Crescent.
1.5 The public authorities shall at all times respect the adherence by the
Society to the Fundamental Principles of the International Red Cross
and Red Crescent Movement as required by Resolution 55(I) of the
General Assembly of the United Nations.

Commentary
The sections in bold contain minimum legal requirements for the recognition of
National Societies by the ICRC in conformity with the Statutes of the Movement.
These Statutes as well as the Fundamental Principles have last been adopted by the
25th International Conference of the Red Cross and Red Crescent (Geneva, 1986).
In some countries, the definition of the Societys legal rights and duties does not
necessarily appear in one single piece of legislation concerning the National Society, but
may be spread over various legal codes or laws such as e.g. the civil code, fiscal law, social
security legislation, penal code, etc. The various clauses contained in this model law
may therefore be used separately for integration in the specific legislation concerned.
Resolution 55(I) can be found in the Handbook (see Part I, p. 489).

ARTICLE 2
2.1 The Society is a corporate body with legal personality.
2.2 The Society shall at all times act in accordance with its statutes
(Constitution, by-laws) adopted by the (relevant body of the Society).

Commentary
The legal nature of the National Society (e.g. private law association, public law
institution, etc.) depends on the local legal system and its traditions and is therefore
up for decision by each national government.
The legislator may also want to determine general principles regarding the branch
structure of the Society as well as regarding the Societys governance (definition of its
main governing bodies).
In order to allow the Society to adjust its structure, activities and administration
to changing needs and circumstances, the law should be limited to essential principles
and leave room for the Society itself to adapt its statutes. It is therefore not
recommended to include the entire text of the Societys statutes as part of the law.
748 SECTION III

ARTICLE 3
3.1 In addition to rendering assistance to the medical services of the armed
forces in times of armed conflict, the object of the Society is to prevent and
alleviate human suffering with complete impartiality, making no
discrimination as to nationality, race, gender, religious beliefs, class or
political opinions.
3.2 In order to achieve its object as defined in the previous paragraph, the
Society shall carry out the functions as defined in its statutes, international
treaties to which (name of the country) is a party and the resolutions of the
International Conference of the Red Cross and Red Crescent.

Commentary
In certain countries, the legislator may want to specify here that none of the
Societys activities generating revenue that is exclusively allocated to the Societys
object, shall be qualified as a transaction subject to the laws regulating trade and
commerce, even if they are performed through contractual arrangements which
stipulate a price for goods and services provided by the Society.

ARTICLE 4
The Society shall comply with its duties as a component of the International
Red Cross and Red Crescent Movement and as a member of the International
Federation of Red Cross and Red Crescent Societies.

Commentary
Once recognised by the ICRC, the Society, as a component of the Movement takes
part in the decision-making of the statutory bodies of the Movement. When they
become members of the International Federation of Red Cross and Red Crescent
Societies which in itself is a legal body, the National Societies commit to respect the
decisions taken by its governing bodies. The current provision allows a National
Society at all times to respect the decisions taken within the framework of the
Movement and the International Federation.

ARTICLE 5
5.1 The Society, within the limits laid down by its object and functions, may
acquire, own, alienate and administer such property as it deems fit. It may
accept any conveyance of real estate to its use or benefit.
5.2 The Society may, in accordance with its object and functions, accept
unrestricted contributions and assistance in any form from individuals, the
public authorities and private or public bodies. It may accept as agent or
ORGANIZATION OF NATIONAL SOCIETIES 749

trustee funds or property in trust or earmarked for particular use, provided


that such use is within the general scope of its object and functions.
5.3 The Society may constitute and administer any reserve, insurance or other
funds for its staff or any of its activities.
5.4 The assets of the Society, including its financial resources and real estate as
well as the revenue from its income generating activities, shall be exempted
from all taxes and duties.
5.5 Donations made to the Society by any individual or legal body shall benefit
from tax exemption.
5.6 The public authorities shall make provisions for covering the cost of any
service or activity which they may entrust to the Society within the scope of
the Societys object and functions. The conditions for the implementation of
such services or activities shall be laid down in agreements between the
Society and the relevant public authority.

Commentary
The legislator may want to specify that all subsidiary bodies of the Society,
including those with legal capacity or those set up under the auspices of the Society,
shall benefit from all or part of the provisions of this law, in particular those regarding
the Societys fiscal status.

ARTICLE 6
6.1 The Society shall be authorised to use as its emblem a red cross (red crescent)
on a white ground for all the purposes foreseen by the International
Conference of the Red Cross and Red Crescent, in conformity with the
Geneva Conventions of 1949, the present law and the Regulations on The Use
of The Emblem by National Societies adopted by the International
Conference of the Red Cross and Red Crescent.
6.2 Any use of the emblem of the red cross (red crescent) other than foreseen in
the Geneva Conventions of 1949 or in paragraph 1, is prohibited and will be
punished with (penalty)(in conformity with the relevant provision of the
penal code or a specific law repressing abuse of the emblem).

Commentary
In countries where a separate law is in force to repress abuse of the emblems and
designations of the red cross and red crescent, the civil defence sign and electronic
signals provided for in Additional Protocol I, a reference to that specific law may be
included in paragraph 6.1. In the absence of such a special law, this clause is to be
regarded as the minimum legal protection of the emblem of the red cross or red
crescent. It is recommended, however, that governments enact proper and detailed
legislation on the use of the emblems of the Geneva Conventions.
750 SECTION III

The ICRC has published a model law for that purpose (International Review of the
Red Cross, July-August 1996, No. 313, pp. 482-495) and the ICRC Advisory Service on
IHL has examples of emblem legislation adopted in some 80 States.
The Regulations on the Use of the Emblem by National Societies were adopted by
the International Conference in 1965 (and revised by the 1991 Council of Delegates
after approval by the States Parties to the Geneva Conventions in a written
procedure).
In some countries, the funds resulting from penalties mentioned in paragraph 2,
are transmitted to the Society to contribute to its general financial resources.

ARTICLE 7
The present law shall come into force on (date) and shall replace from that date
(the previous law in force).
ORGANIZATION OF NATIONAL SOCIETIES 751

II
GUIDANCE FOR NATIONAL SOCIETY STATUTES

(adopted by the Governing Board of the International


Federation of Red Cross and Red Crescent Societies, May 2000)

The first draft of this Document was prepared by a working group of the Danish
Red Cross, in co-operation with the International Federation Secretariat (National
Society Co-operation and Development Division and Legal Affairs). It was
submitted to a forum of experts on statutes of National Societies from the various
regions and from the ICRC at a Legal Base Workshop,1 held by the International
Federation from 7 to 10 February 1999 in Vienna.2 The advice from this workshop
has been incorporated in a draft which was subsequently sent to all member
Societies of the Federation for their comments and presented to the Development
Commission on 8 September 1999. The text then was presented by the Secretariat
of the Federation to the following General Assembly. Pursuant to decision 24 of this
General Assembly on National Society Capacity Building, Protection of the
Integrity of Member Societies,3 the International Federation convened another
meeting, where governance and management leaders from ten National Societies
participated together with representatives from the Federation Secretariat and
from the ICRC.4

1 The British and German Red Cross Societies contributed funds to the SWP 98-99 (Task 12.2) to finance
the Workshop, while the Austrian RC hosted it and covered part of the costs. The ICRC also contributed by
covering the travel expenses of one delegate.
2 Participated in the Workshop : E.S. Aidoo (Ghana RC), T. Buruku (Uganda RC), M. Naarendorp
(Suriname RC), K. Simonetti (American RC), X. Wang (Chinese RC), F. Mohrhauer (German RC),
H. Fockens (Danish RC), T. Trier (Danish RC), T. Stenfeld (Danish RC), F. Bickley (British RC), A. Lang
(Austrian RC), A. Alm Eddo (Swedish RC), M. Boycheva (Bulgarian RC), B. Ionov (Russian RC),
S. Boltrushevich (Federations Delegation in Minsk), A. Iastrebova (Federations Delegation in Moscow),
M.T. Dutli (ICRC), I. Osman (Federation Secretariat), Anja Toivola (Federation Secretariat),
Luis Luna (Federation Secretariat), C. Lanord (Federation Secretariat), C. Savary (Federation Secretariat),
Luc De Wever (Federation Secretariat).
3 Decision 24 requested the Secretary General:to revise the present draft Guidelines on the basis of com-
ments made by the General Assembly and member Societies and, with the support of a working group of
member Societies, to present a final draft of the Guidelines to the Governing Board which will report to the
next General Assembly.
4 The meeting was hosted by the American Red Cross on the 7 and 8 February 2000 at their headquarters
in Washington DC. The participants were: Messrs. J. Rodriguez, member of the Board, and A. Panico, Vice
President, International Policy & Relations, American Red Cross, Dr. A. Sarkissyan, President, Armenian Red
Cross, Messrs. Dr. A. Vejarano LaVerde, President, and W. Cotte, Director, Colombian Red Cross,
Dr. F. Pedersen, President, Danish Red Cross, Prof. J. Abdulkadir, Chairman, and Ms. M. Wolde Tensaie,
Secretary General, Ethiopian Red Cross, Mr. J. Talib SH., Secretary General, Indonesian Red Cross,
Mrs. C. Powell, President, Jamaica Red Cross, Mr. K. Nolan, representative of the New Zealand Red Cross to
the Federations Board, Dr. M. Hamid, President, The Sudanese Red Crescent, Messrs. O. Saran, member of
the Board, and F. Evren, Director General,Turkish Red Crescent, Mr. B. Biber, ICRC, Messrs. I. Osman and
L. De Wever, Federation Secretariat. The Minutes of the meeting can be made available on request by the
Federations Secretariat.
The German and Finnish Red Cross Societies have contributed funds to finance translation of this document
in the three other working languages of the Federation and to cover the cost of printing.
752 SECTION III

The Governing Board adopted the present Guidance for National Society
Statutes at its 1st Session, 2-4 May 2000.5

CHAPTER 1 INTRODUCTION

The legal base of a National Red Cross or Red Crescent Society, consisting of the
National Societys statutes and, in most countries, the national law or decree on the
Red Cross or Red Crescent,6 is of crucial importance since it defines not only its
internal structure and procedures, but also its relations with other actors in soci-
ety, e.g. the government and the other components of the International Red Cross
and Red Crescent Movement. Inadequate regulation of these internal and external
factors may easily compromise the integrity of a National Society.
National Societies are unique organisations, which operate within a complex legal
framework,7 in pursuit of a specific mission in accordance with the seven
Fundamental Principles of the Movement. The legal base of National Societies
should protect their integrity by dealing with legal elements in a clear and thorough
manner in order to avoid situations in which external or internal factors, render
National Societies unable to carry out their mission effectively or to act in accor-
dance with the Fundamental Principles.8
Decision 45 of the 11th Session of the General Assembly of the International
Federation of Red Cross and Red Crescent Societies, Seville 1997, supports the fur-
ther work of the Secretary General in developing guidelines and tools and in offer-
ing his services as and when needed to promote and protect the integrity of mem-
ber Societies. This Document is one such tool.

5 Decision No 5 on the Guidance for National Society Statutes reads as follows:


The Governing Board,
5.1 approves and puts into effect the Guidance for National Society Statutes as modified in Supplementary
Paper GB/1.4.2/1;
5.2 encourages all member Societies to make the necessary adjustments in their Statutes in order to meet the
minimum requirements and to achieve as far as possible the recommended standards;
5.3 requests the Secretary General to actively promote the Guidance, to apply it in the review of National
Society Statutes and to report from time to time to the Board and the Assembly on the results of the imple-
mentation of the Guidance.
6 In many countries a national law or decree on the Red Cross and Red Crescent constitutes the act
through which a government formally recognizes the National Society as an auxiliary to the public authori-
ties in the humanitarian field.
7 Consisting of National Laws, the Geneva Conventions and related International Humanitarian Law
instruments, decisions of the Movements statutory bodies, in particular, resolutions of the International
Conference of the Red Cross and Red Crescent, and decisions of the Federations General Assembly, in par-
ticular, the Constitution of the Federation (see Chapter 2, numbered paragraph I a).
8 Strategic Work Plan for the Nineties (revised version) adopted in Decision 35 of the IXth General
Assembly, 25-28 October 1993 in Birmingham.
ORGANIZATION OF NATIONAL SOCIETIES 753

No two National Societies are identical. Legal as well as cultural considerations


must be taken into account when drafting their basic legal texts. This document,
which only deals with the statutes of National Societies, respects these differences
by providing guidelines for the drafting or revision of National Societies statutes,
rather than a new Model Statute. The document seeks to elaborate on the most
important issues which should be dealt with in the statutes and guide the user on
how to draft provisions on these issues.
Chapter 2 contains the guidelines for the drafting or revision of National Society
statutes. It is divided into sections covering the key elements of the statutes: General
provisions; General objectives and specific tasks; Membership; Governing bodies
at the central level; Management; Branch structures; Election/rotation/profiles; and
Financial matters. Each section is subsequently divided into the following four
sub-sections:
a) Minimum requirements
This subsection describes the basic requirements with respect to the topic
concerned. These minimum requirements are based on the mandatory
requirements of the Statutes of the Movement (including the Fundamental
Principles), the Constitution of the Federation and the decisions of the General
Assembly. The requirements mentioned under subsection a) must be safeguarded
in the statutes of all National Societies, regardless of their legal or cultural
environment.
b) Elements to be included
This subsection contains a checklist of the elements which must appear in
one way or another in a National Societys statutes on the respective topics.
However with the exception of the mandatory requirements set out in subsection
a) above the National Society is free to decide how it will regulate these matters.
c) Options and recommendations
This subsection reflects upon different options for dealing with issues of a non-
obligatory nature. Certain options are recommended for specific situations. In this
subsection, the legal and cultural environment of the National Society, the size of
the country and other factors are likely to play an important role in determining
which option will apply in the respective National Societys statutes. These
recommendations are based on best practices in the Movement or other (non-
profit) organisations.
d) Sample clauses
This subsection gives an example of how the most important elements of the
respective topic may be formulated in the statutes. It is not therefore an exhaustive
model.
Chapter 3 will supplement the Guidelines for National Society statutes with a short
outline of the core issues presented in this document. The Guidance should be used
754 SECTION III

in combination with the following documents which relate to the institutional


capacity-building of National Societies, and are also used as reference material:
- National Society Governance Guidelines; 9
- Characteristics of a Well-Functioning National Society; 10
- Statutes of the Movement, and specifically the ten conditions for the recognition
of a National Society contained in Article 4;
- The Fundamental Principles of the Red Cross, Commentary, by Jean Pictet
(1979).

CHAPTER 2 GUIDELINES

I GENERAL PROVISIONS
a) Minimum requirements
The statutes must describe the legal framework in which the National Society
operates. The legal framework is composed of national laws, the Geneva
Conventions and, where applicable, their Additional Protocols, resolutions of the
International Conference of the Red Cross and Red Crescent (in particular the
Fundamental Principles and the Statutes of the Movement), resolutions of the
Council of Delegates and decisions of the Federations General Assembly (in
particular, the Constitution of the International Federation of Red Cross and Red
Crescent Societies) (see Illustration 1).
The statutes should include the full text of the Fundamental Principles (1986)
in their general provisions.
Geneva
National Laws Conventions Resolutions -
Illustration 1

and Regulation Council of Delegates

Decisions - Resolutions -
General Assembly, International
Federation National Society Conference

The main elements to be addressed in the legal framework are:


The relationship between the National Society and the public authorities in
its country
If a National Society is to operate effectively, its relationship with the public
authorities must be clearly regulated. This must be done by means of a law or

9 Produced by the Federations Institutional and Resource Development Departmentin 1997.


10
Produced by the Federation in 1994. Endorsed by the Federations Executive Council in 1994 and wel-
comed by the General Assembly in 1995.
ORGANIZATION OF NATIONAL SOCIETIES 755

regulations or by the statutes of the National Society. 11 The statutes should reflect
the auxiliary role of the National Society to the public authorities in their
humanitarian work, but should also secure the unhindered pursuit of the National
Societys objectives in accordance with the Fundamental Principles.
In addition, the obligation of the State to respect the adherence of the National
Society to the Fundamental Principles should be established by an appropriate
legal instrument which could be the Societys statutes in case they can be enforced
against the State.
Use of the red cross or red crescent emblem
The statutes should require the National Society and all its members and bodies
to comply with the regulations on the use of the emblem contained in the Geneva
Conventions of 1949 and their Additional Protocols of 1997, the 1991 Regulations
on the use of the emblem of the red cross or the red crescent by the National
Societies and national laws regarding the emblem.
The relationship between the National Society and the other components of
the Movement
A National Society becomes a component of the Movement when it is
recognised by the International Committee of the Red Cross (ICRC). It may
subsequently apply for membership of the International Federation. Both its status
as a component of the Movement and as a member of the International Federation
entail legal consequences for the National Society. For example, the National
Society must comply with the Statutes of the Movement (in particular the ten
conditions for recognition contained in Article 4 12 and the definition of National
Societies contained in Article 3). Its membership of the International Federation

11 In some countries the statutes of the National Society have the status of law. This is rather unfortunate,
since it renders the statutes unnecessarily less flexible. In such cases, both the criteria mentioned in this doc-
ument and the criteria mentioned in the Draft Model Law on the recognition of the National Red Cross or
Red Crescent Society, which is contained in Section 3.13 (b) and Annex III of the Reference Document for
the 27th International Conference, should be incorporated in the statutes.
12 The 10 conditions for recognition are the following:
a National Society shall:
1) Be constituted on the territory of an independent State where the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field is in force.
2) Be the only National Red Cross or Red Crescent Society of the said State and be directed by a central body
which shall alone be competent to represent it in its dealings with other components of the Movement.
3) Be duly recognized by the legal government of its country on the basis of the Geneva Conventions and of the
national legislation as a voluntary aid society, auxiliary to the public authorities in the humanitarian field.
4) Have an autonomous status which allows it to operate in conformity with the Fundamental Principles of
the Movement.
5) Use the name and emblem of the Red Cross or Red Crescent in conformity with the Geneva Conventions.
6) Be so organized as to be able to fulfill the tasks defined in its own statutes, including the preparation in
peace time for its statutory tasks in case of armed conflict.
7) Extend its activities to the entire territory of the State.
8) Recruit its voluntary members and its staff without consideration of race, sex, class, religion or political
opinions.
9) Adhere to the present Statutes, share in the fellowship which unites the components of the Movement and
cooperate with them.
10) Respect the Fundamental Principles of the Movement and be guided in its work by the principles of inter-
national humanitarian law.
756 SECTION III

(a legal entity) entails the legal obligation to comply with the decisions of its
General Assembly and Governing Board (Article 5 of the Constitution of the
Federation13). Compliance with these obligations must be assured in its statutes.
Special attention should be drawn to the Federations Constitution which
provides the Societys duty to inform the Secretary General of the International
Federation of any proposed amendments to its statutes. In addition, despite the fact
that National Societies are recognised as autonomous bodies by the legal
government of their country on the basis, inter alia, of national legislation, through
resolutions of the International Conference, States and National Societies have
vested the ICRC and the International Federation with a right to review proposed
amendments to the statutes of the National Societies and to request the National
Societies to take into account any recommendations made by the ICRC and the
International Federation.14
Any proposed amendments should thus be reviewed by the Joint
ICRC/Federation Commission for National Society Statutes before they can be
adopted by the National Society.
b) Elements to be included
The elements to be included in the general provisions have been mentioned
under subsection a) minimum requirements.
c) Options and recommendations
It is recommended that National Societies include a provision in their statutes
stating to the effect that the National Society may only establish formal co-
operation agreements with other organisations for specific projects. These
agreements must never force the National Society to engage in activities violating
the Fundamental Principles, and should therefore always guarantee its full
independence. It is furthermore highly recommended that agreements between the
National Society and public authorities, regarding the execution by the National
Society of public programmes, be formalised and set out in writing.

13 Article 5 of the Constitution of the International Federation lays down the rights and obligations of the
Member Societies of the International Federation.
Rights:
- to be represented at and to participate in the work of the Assembly;
- to stand for election to all other official bodies of the Federation;
- to request the Federation to provide representation to other international organizations;
- to submit, on its own initiative, in its name or in that of a group of member Societies, proposals to the
Assembly and to other bodies of the Federation;
- to communicate directly with the Federation.
Duties:
- to support the Federation in the pursuit of its general object and to apply the decisions adopted by the
Assembly and by the Council;
- to ensure that the Fundamental Principles are carefully observed in the activities of the Society and that
none of its subordinate bodies offend against those Principles;
- to remit an annual contribution to the Federation approved by the Assembly;
- to inform the Secretary General of the Federation of any proposed amendments to its own Statutes and to
keep him informed of the composition of its main bodies.
14 Res. 6, 22nd International Conference, Teheran 1973 and Res. 20, 24th International Conference,
Manila 1981.
ORGANIZATION OF NATIONAL SOCIETIES 757

d) Sample clauses
Constitution of the National Society:
The National Society was founded on ..... (date). Its constitution is based on the
Geneva Conventions of 1949 (and their additional Protocols of 1977), to which ......
(name of the State) is a party. The National Society shall be guided in its work by
the principles of international humanitarian law and shall respect the Fundamental
Principles of the Movement which are set out below:
Humanity
The International Red Cross and Red Crescent Movement, born of a desire to
bring assistance without discrimination to the wounded on the battlefield,
endeavours, in its international and national capacity, to prevent and alleviate
human suffering wherever it may be found. Its purpose is to protect life and health
and to ensure respect for the human being. It promotes mutual understanding,
friendship, co-operation and lasting peace amongst all peoples.
Impartiality
It makes no discrimination as to nationality, race, religious beliefs, class, or
political opinions. It endeavours to relieve the suffering of individuals, being guided
solely by their needs, and to give priority to the most urgent cases of distress.
Neutrality
In order to continue to enjoy the confidence of all, the Movement may not take
sides in hostilities or engage at any time in controversies of a political, racial,
religious or ideological nature.
Independence
The Movement is independent. The National Societies, while auxiliaries in the
humanitarian services of their governments and subject to the laws of their
respective countries, must always maintain their autonomy so that they may be able
at all times to act in accordance with the principles of the Movement.
Voluntary service
It is a voluntary relief movement not prompted in any manner by desire for gain.
Unity
There can be only one Red Cross or one Red Crescent Society in any one
country. It must be open to all. It must carry on its humanitarian work throughout
its territory.
Universality
The International Red Cross and Red Crescent Movement, in which all Societies
have equal status and share equal responsibilities and duties in helping each other,
is world-wide.
National legal status
The National Society is officially recognised by the Government, in the .....
(name/number of national law/regulation on the National Society), as a voluntary
aid society, auxiliary to the public authorities in the humanitarian field, in
758 SECTION III

accordance with the 1949 Geneva Conventions, and as the only National Red Cross
(or Red Crescent) Society which may carry out its activities in ......... (name of
State) territory.
In relation to the public authorities the National Society maintains an
autonomy which allows it to act at all times in accordance with the Fundamental
Principles of the Movement.
The public authorities shall at all times respect the adherence by the National
Society to the Fundamental Principles.
The National Society is a legally constituted association. It possesses legal
status. Its term of existence is unlimited. Its headquarters are located at (name of
city).

Relations with other components of the Movement


The National Society, which was recognised by the International Committee of
the Red Cross (ICRC) on ....... (date) is part of the International Red Cross and Red
Crescent Movement (Movement). It became a member of the International
Federation of Red Cross and Red Crescent Societies (International Federation)
on ...... (date).
The National Society shall fulfil the conditions laid down in Article 4 of the
Statutes of the Movement and its relations with the other components of the
Movement shall be in conformity with Article 3 of the Statutes of the Movement.
The National Society shall also be bound by the obligations laid down in
Article 5 of the Constitution of the International Federation.
Agreements
Agreements concluded with other organisations or entities, in particular with
the public authorities regarding the execution of a public service, shall be in writing
and shall not in any way constitute an obligation for the Society to act against the
Fundamental Principles.
Emblem
The National Society has as emblem the heraldic sign of the red cross or red
crescent or any other recognised emblem by the Movement Statutes on a white
background.
The National Society shall establish appropriate regulations in accordance with
the 1949 Geneva Conventions [and the Additional Protocols of 1977], the ........
(name of National Law on the emblem) and the 1991 Regulations on the Use of the
Emblem whose provisions shall be binding upon the National Society.
Amendment of Statutes
Any proposed amendment to the present statutes shall be submitted to the Joint
ICRC/Federation Commission for National Society Statutes before such
amendments may be adopted by the...... (relevant organ in the National Society).
ORGANIZATION OF NATIONAL SOCIETIES 759

II -GENERAL OBJECTIVES AND SPECIFIC TASKS


a) Minimum requirements
Once the general legal framework in which the National Society operates has
been determined, the general objectives and the specific tasks of the National
Society must be defined taking into account the definition of National Red Cross
and Red Crescent Societies in Article 3 of the Statutes of the Movement.According
to the Federations Strategic Work Plan for the Nineties, the challenge for the
National Societies is improving the situation of the most vulnerable i.e. those at
greatest risk from situations that threaten their survival or their capacity to live
with a minimum of social and economic security and human dignity.
It is important for the general objectives and the specific tasks described in the
statutes to reflect the needs of the most vulnerable people in society (both at the
national and international levels), and for the activities of the National Societies to
focus on these needs.15
b) Elements to be included
The manner in which these objectives and tasks can be defined in the statutes is
not easy to prescribe. They should be described in a sufficiently concrete manner
to justify the National Societys existence. Some countries even require the National
Society to list its activities in a specific manner for it to be legally entitled to engage
in those activities. Such legal requirements must be borne in mind when drafting
the statutes. However, if no such legal requirements exist, it is advisable that tasks
be defined in a general manner, since an overly detailed description may hamper
the development of the National Society and its adaptability to unforeseen
circumstances.16
c) Options and recommendations
No specific recommendations are necessary for this section.

15 Strategic Planning Advisory Commission 1997-1999 is of the opinion that the Strategic Plan 2010
should not only give an indication of the target group (the most vulnerable) but also of the core programs
(output) that the International Federation and all National Societies would be developing to improve their
situation. These would be programs that all National Societies would be expected to develop, for which they
would have the right to expect advice and assistance from the Federation Secretariat and would be the areas
on which the International Federation as a whole would continue to build its expertise and reputation. The
following core areas were proposed:
1) Disaster preparedness;
2) Disaster response;
3) Health and care at the community level;
4) Promotion of the Movements Fundamental Principles and humanitarian values.
See the Report from the Strategic Planning Advisory Commission Learning from the Nineties/Strategic
Plan 2010, 23-25 September 1998 to the 42nd Session of the Executive Council Geneva, (October 1998),
pp 4-5; doc. CE/9/2 of the 43rd session of the Executive Council (May 1999); and doc. AG/11.1 of the 1999
General Assembly with its annex : Strategy 2010 To improve the lives of the vulnerable people by mobiliz-
ing the power of humanity.
The Strategy 2010 was adopted at Geneva by the 1999 General Assembly (see decision 23).
16 The world is constantly changing. This means the needs in society are changing as well. If a National
Society had to change statutes every time changing needs called for a new activity, National Societies would
not be able to do their work.
760 SECTION III

d) Sample clauses
The principal object of the National Society is to prevent and alleviate suffering
with complete impartiality, making no discrimination as to nationality, race, sex,
religious beliefs, language, class or political opinions.
For this purpose, its task is in particular:
1) to act in case of armed conflict, and in peace prepare to act in all the fields
covered by the Geneva Conventions and on behalf of all war victims, both
civilian and military;
2) to contribute to the improvement of health, the prevention of disease and the
mitigation of suffering;
3) to organise, within the scope of the national plan, emergency relief services for
the victims of disasters, howsoever caused;
4) to educate the population on how to respond to disasters, howsoever caused;
5) to promote the participation of children and young people in the work of the
Red Cross and Red Crescent;
6) to promote the Fundamental Principles of the Movement and those of
international humanitarian law in order to develop humanitarian ideals among
the population, and in particular among children and youth;
7) to recruit, train and assign such personnel as are necessary for the discharge of
its responsibilities; and
8) to co-operate with the public authorities to ensure respect for international
humanitarian law and to protect the red cross and red crescent emblems.

III MEMBERSHIP
a) Minimum requirements
Membership of the National Society must be open to all. The National Society
shall not withhold membership on grounds of race, sex, class, religion or political
opinions. This requirement is explicitly set out in the Fundamental Principle of
Unity and in the ten conditions for recognition.17
The members of a National Society form the basis of its organisation. They are
responsible, through a system of grassroots representation,18 for the governance of
the National Society. The members therefore determine its policies and its long-
term objectives.
The mission of a National Society is to alleviate suffering, wherever it is found,
without any kind of discrimination. The National Society should therefore be

17 Statutes of the Movement Article 4, paragraph 8.


18Rules of Procedure should secure a fair and democratic election of the representatives. An obvious
example of such a rule is a secret ballot. See also section VII on elections.
ORGANIZATION OF NATIONAL SOCIETIES 761

aware of the different forms of suffering within its country. This knowledge can be
obtained through the members of a National Society, who can influence its
governance and thereby address such suffering. It is therefore crucial for all the
stakeholders in the country to be represented in the membership of the National
Society; young and old, rich and poor, men and women etc. Through its members,
the National Society is able to keep track of the needs of the community19 and
provide assistance in an impartial manner.20
As may be concluded from the above, it is vital that all groups in the population
be represented in the membership of the National Society.
For the same reason, it is recommended that the National Society not limit its
membership to nationals. National Societies may, however, be forced by national
laws to accept only nationals as members. In such cases they should establish the
possibility for non-nationals to participate in the work of the National Society as
nonvoting volunteers.
The principle of fair representation of the membership furthermore implies
that the membership fee (if any) is not set at such a level as to exclude de facto
certain groups of the population from membership.
It does not follow from the above that the National Society should not be able
to exclude a member. On rare occasions, serious circumstances may necessitate the
expulsion of an individual member (e.g. in case of the use of National Society funds
for personal gain).
In the same way, Societies should not be obliged to accept all persons that wish
to join.21 The statutes must establish a fair procedure for expulsion, specifically
which person or body has the right to expel a member and the grounds upon which
expulsion may be pronounced.
These grounds must be clearly and exhaustively described either in the statutes
or in other internal regulations, and must be of a serious, but not discriminatory
nature. The member must be promptly informed of the grounds for expulsion in
writing and have the right to appeal either to a higher body in the National Society
or to an external court or ad hoc tribunal.22

19 Statutes of the Movement Article 4, paragraph 8 also makes the recruitment of members without dis-
crimination conditional to recognition by the ICRC in terms of Article 5, paragraph 2b of the Statutes of the
Movement.
20 See also Jean Pictet,The Fundamental Principles of the Red Cross Commentary, p. 39.
21 E.g. those of dubious moral character or who are known for espousing views contrary to the
Fundamental Principles. Individuals could also be excluded on grounds of ability: positions which carry
responsililities or call for specialized knowledge, medical for example, cannot be given to incompetents. See
Pictet, Commentary, p. 84.
22 Certain National Socities, mainly in federal systems, define the relationship between the highest branch
levels and the central level as a membership relation. This section does not apply to this kind of membership.
The rules related to branch structures and their dissolution in section VI deal are applicable. It goes without
saying that this section does apply to the relationship between the branches and their members.
762 SECTION III

b) Elements to be included
The statutes may provide for different kind of members, such as individual
members (active members (or volunteers), subscribing members, honorary
members), collective members and patrons. When dealing with the different kinds
of membership in the statutes, it is advised to cover the following issues:
- how to become a member;
- rights of members;
- duties of members;
- loss of membership, including fair rules for expulsion and appeal.
c) Options and recommendations
Certain National Societies encourage a special kind of membership, known as
collective membership. Collective members are usually groups of employees of a
certain organisation who join the National Society as a group. The advantage of this
kind of membership is that the number of individual members may increase
substantially. However, the disadvantage lies in the difficulty of these members being
represented in the normal branch structure. Because, some members of the collective
members may already be individual members of the Society, which complicates
voting procedures. The question may, for example, arise as to whether a person who
is both an individual member of the Society and at the same time belongs to a
collective member has one or two votes. The situation may also arise, in which an
individual does not wish to become a member, but is forced by his or her organisation.
Another issue is how expulsion of a collective member would affect the Societys
membership of individuals part of the collective member and vice versa. The
objective of the organisation that applies for collective membership should not be
contrary to the Fundamental Principles or in any other way compromise the integrity
of the National Society. The National Society alone shall decide whether or not to
accept collective membership after taking into account the above considerations.
Societies may wish to accord different rights and duties to the various categories
of members. They may e.g. resolve that only active members will have the right to
vote or to be elected. Such restrictions must be clearly established in the Statutes.
In relation to the procedures and grounds for the expulsion of members, it is
necessary to take into account any national laws or regulations respecting
membership of associations in general. One option, subject to national law, is to
include an arbitration clause in the statutes. Such a procedure would allow for the
internal decision of the National Society to be appealed to an external ad hoc
tribunal. In this way public court cases could be avoided and the procedure would
often be more rapid.23

23 It must be ensured that the arbitrators are qualified and independent. An option is for each party to
appoint one member of the court and these two in turn agree on the third member who is the chairman of
the court. If no agreement is reached an external authority (e.g. a high court president) is designated to
appoint the chairman. Procedural rules of existing national or international arbitration tribunal may be used
with small revisions.
ORGANIZATION OF NATIONAL SOCIETIES 763

It is recommended that the National Society develop an active campaigning


strategy to develop a membership that is as diverse as possible.
Some Societies exclude its employees from becoming a member (or
volunteer). While this would indeed result in the complete functional and
personal separation of governance and management as described in section V:
Management, it is not strictly necessary for all employees to be excluded from
membership provided that they do not sit on the Societys governing bodies that
are reserved for non-employee members. The contrary would confuse the roles of
governance and management and result in conflicts of interest. The fact that a
volunteer member is reimbursed for reasonable expenses incurred when carrying
out their services on behalf of the Society should not normally result in their loss
of membership status.
d) Sample clauses
Membership
Membership of the National Society is open to everyone without any
discrimination based on race, sex, religious beliefs, language, class or political
opinions.
Members may be active, subscribing or honorary members or patrons.
Active members:
Active members are those persons who have agreed to give service to the
National Society and are registered as such by the local board.
Subscribing members:
Subscribing members are those persons who pay the annual subscription
determined by the General Assembly.
Honorary members:
Honorary members are those persons who have been so designated by the
Governing Board (or the Governing Council) in recognition of exceptional
services to the National Society.
Patron:
A patron is a public figure designated by the Governing Board (or the
Governing Council) who permanently supports the National Society.
Rights and duties of members
Members have the following duties:
- to adhere to and disseminate the Fundamental Principles;
- to promote the work of the National Society;
- to recognise and obey the statutes; 24
- to pay the annual subscription;
- to participate actively in the work of the National Society.

24 Including the duty to respect and to help protect the emblem.


764 SECTION III

Members have the following rights:


- to elect and be elected to the governing bodies;
- to participate and vote in the meetings of the local assembly and, if elected, in
the assemblies of higher levels of the organisation;
- to present proposals and raise issues with any authority in the National Society.
Loss of the status of member
Any member may give notice of resignation in writing at any time.
Subscribing membership expires after twelve months, unless the subscription is
renewed. The subscribing member shall receive a reminder of the need to renew the
subscription one month before expiry.
Local Committees may expel members for serious cause, of which the member
shall be informed promptly. Any member so expelled shall have the right to appeal
to the Governing Board (or Governing Council or to an external ad hoc tribunal),
whose decision shall be final and binding.
The Governing Board (or Governing Council) shall make regulations for the
hearing of appeals (or provide for an external arbitration procedure) so as to
ensure that no member is unjustly treated, and that the procedure is fair and in
accordance with national law. It shall furthermore specify such grounds as may
constitute serious cause.
Serious cause for the purpose of expulsion is defined as the display of character
or morality incompatible with the seven Fundamental Principles or engagement in
activities which are detrimental to the reputation or the activities of the National
Society.
IV GOVERNING BODIES AT CENTRAL LEVEL
a) Minimum requirements
Governance is the term used to indicate the way in which an organisation sets
its direction. It includes the following tasks:
Long-term planning:
- formulating the mission and policy of the National Society;
- ensuring its long-term viability and making decisions about priorities;
- setting goals;
- developing a structure and culture to achieve these goals;
- determining criteria for relating to clients, vulnerable groups and
beneficiaries.
Members/branches:
- monitoring membership;
- approving branch structures.
Management:
- defining the outcome of performance and setting standards for this;
ORGANIZATION OF NATIONAL SOCIETIES 765

- appointing or removing the CEO; 25


- setting policies relating to staff and volunteers;
- keeping a broad perspective with regard to the effectiveness of the National
Society and evaluating the performance of the Secretary General and of the
National Society.
Constitutional tasks:
- ensuring that the statutes and internal regulations are up-to-date and
monitoring the compatibility of national laws with the objectives of the Red
Cross and Red Crescent Movement.
In short, governing means providing direction and focusing on the broader
picture and the long term.
As previously mentioned, the members form the basis of the National Society.
Members should therefore have the power to decide on questions related to
governance, which is why they should be present or represented in the highest
governing authority, the General Assembly.
b) Elements to be included
The provisions of the statutes must clearly describe the governing bodys:
- Powers: what are its powers?
- Composition: how will the composition be determined?
- Sessions: who will be responsible for convening its meetings, at what notice,
possibility of extraordinary meetings?
- Procedure: who chairs the meeting, what is the quorum, what constitutes a
majority, does each member have one vote?
c) Options and recommendations
This document uses the terms General Assembly, Governing Council and
Governing Board. This terminology is chosen for generic reasons only. National
Societies are free to choose whichever terms they think best describes such bodies.
Some National Societies governing structure at the national level consists of a
General Assembly and the Governing Board. Most sizeable National Societies have
added another governance layer a Governing Council between the General
Assembly and the Governing Board (see Illustration 2). This is common when the
country or the National Society concerned is so large that it is difficult and costly
to convene a General Assembly every year. In such a case, the Governing Council
should usually meet once or twice a year.
Aside from the General Assembly, (the Governing Council) and the Governing
Board, the governing structure also includes the following bodies: the President
(sometimes referred to as Chairman), the Finance Commission or other advisory
committees.

25 In this document the term CEO (Chief Executive Officer) is used for the head of management. In many
National Societies the term Secretary General or Director General is used.
766 SECTION III

President
General Assembly Governing Council Governing Board

Illustration 2
Branch level Branch level

Sub-Branch Sub-Branch Sub-Branch Sub-Branch


level level level level

In the event that such bodies are established, the statutes should specify the
powers, composition, sessions and procedures of each one, along the lines of b)
above. The following principles should be kept in mind when drafting provisions
on governing bodies.

1 General Assembly (broadest forum)


The General Assembly is the body in which all members are present or
represented. This representation is arranged through the branch structure (see also
Chapter VI) and may be undertaken in different ways. All members can participate
in the General Assembly, though this may not always be practical. Another option
is to allow each branch at each level to send representatives to the General
Assembly.A third option is for local branches to elect their representatives to higher
level branches (provincial or regional), who would then in turn elect their
representatives to the General Assembly. In any case a fair representation of the
members must be ensured.
Another matter related to fair representation is the question of how many
representatives each branch may send. It is recommended that the number of
people representing a branch at the General Assembly be proportional to the
number of members registered at that branch. In such a case, however, the National
Society should provide a system to protect the smaller branches from constantly
being outvoted.
Alternatively, each branch could send one representative which is not
recommended because it does not guarantee that the Assembly is a fair reflection
of the Societys membership.
Since it represents all the members, the General Assembly is the highest
governing authority in the National Society. This does not mean that the General
Assembly has to approve all decisions related to governance before they enter into
force, rather, it implies that the lines of accountability lead to this forum.
Many National Societies are under the legal obligation to convene a General
Assembly every year. This is a recommendable standard for all National Societies.
However, it may not always be practically possible to convene a General Assembly
ORGANIZATION OF NATIONAL SOCIETIES 767

once a year, in which case National Societies should establish smaller bodies as
described under the following heading. A General Assembly must, however, be
convened at least once every four years.
2 Smaller bodies
Since convening a General Assembly several times or even once a year is a
complex and resource-demanding process, smaller forums should be set up to
govern the National Society between the sessions of the General Assembly. This
forum may take the form of a Governing Board and, if necessary, a Governing
Council. Depending on the size of these bodies and the frequency of meetings,
certain mandates must be assigned to them so they can effectively govern the
National Society. This implies a mandate to take binding decisions on certain
issues, though these bodies will be accountable to the General Assembly for such
decisions.Accountability can be realised in different forms. Other governing bodies
may take decisions relating to governance, on which they report to the General
Assembly. Additionally, the General Assembly may be given the power to dismiss
the other body, or to revoke a decision if it is not satisfied with the outcome.
Governing Board
The Governing Board is the governing authority of the National Society
between sessions of the General Assembly. The members of the Governing
Board should be elected at the General Assembly. The number of members of
the Governing Board should be limited so that the Governing Board is able to
govern the National Society effectively and meet at regular intervals. National
Societies governed by a General Assembly and a Governing Board, should
ensure the Governing Board is accountable to the General Assembly. They only
should do this by convening the General Assembly at regular intervals,
preferably once a year, so that the General Assembly is able to monitor the
governance of the National Society.
Governing Council + Governing Board
Most National Societies choose to divide the governing tasks between three
governing bodies: General Assembly, Governing Council and Governing
Board. The Governing Council may be elected at the General Assembly or be
composed of a fixed representation of chairmen of branches. The Governing
Board may be elected by the General Assembly or by the Governing Council.
The Governing Board may be accountable to the Governing Council or directly
to the General Assembly. The Governing Council should be accountable to the
General Assembly.
3 President
The General Assembly elects a President. The President holds the highest post
in the National Society. The President is responsible to the General Assembly for
ensuring that the National Society pursues the objectives stated in the statutes. The
President acts under the authority of the General Assembly and (of the Governing
Council and) Governing Board and guides the affairs of the National Society in
768 SECTION III

conformity with the decisions of the General Assembly and the Governing Board
(and Governing Council). The statutes should specify the Presidents functions,
regulate the delegation of his/her powers and arrange for her/his replacement
(Vice-Presidents, Acting President). 26
4 Finance Commission and other advisory commissions
The General Assembly (or the Governing Council or Governing Board) may be
given the power to establish commissions/committees, for example to execute its
functions. This is an excellent way of utilising individuals with special expertise in
different domains (finance, health etc.). Such commissions act in an advisory
capacity and do not take decisions. It is recommended that National Societies
establish a Finance Commission to advise the Governing Board (or the Governing
Council) on general questions relating to the National Societys finances, and to
comment on the budget and the annual financial report before submitting them for
adoption by the relevant governing body.
d) Sample Clauses
1. MODEL A: General Assembly + Governing Board
General Assembly
Composition:
The General Assembly represents the National Society as a whole. It is composed of:
a) the members of the Governing Board;
b) the chairmen of the Regional and Local Boards;
c) elected representatives of the Local Boards, the number elected by each
Local Board being determined by the Governing Board in proportion to the
number of the Local Board members, with a maximum of....(e.g. the largest
Local Boards may have five representatives and the smallest Local Boards
one representative, while the number of representatives of medium-sized
Local Boards would be somewhere in between).
Powers:
Subject to the present Statutes, the General Assembly is the highest authority of
the National Society.
a) It formulates the mission and policies that govern the National Society.
b) It approves the plans and budgets and the activities and financial reports of
the National Society.
c) It determines the amount of subscriptions.
d) It ensures that the statutes and internal regulations are up-to-date, and
monitor the compatibility of relevant national laws with the objectives of the
Red Cross and Red Crescent Movement.

26 Compare to arts. 16 and 17 of the revised Constitution of the International Federation of Red Cross and
Red Crescent Societies (doc. AG/10/1 of the 1999 General Assembly).
ORGANIZATION OF NATIONAL SOCIETIES 769

e) It elects the members of the Governing Board.


f) It elects the President of the National Society.
Powers, attributed either to the General Assembly or to the Governing Board:
a) To appoint the Chief Executive Officer (CEO) on the recommendation of
the Governing Board, and to dismiss him or her if necessary.
b) To keep a broad perspective with regard to the effectiveness of the National
Society and evaluate the performance of the CEO and the National Society.
c) To elect two vice-presidents and the Finance Commission.
Sessions:
The General Assembly meets each year in ordinary session at a time and place
determined by the previous General Assembly, or by the Governing Board acting
under the authority delegated to it by the General Assembly. It meets in extraordinary
session on the initiative of the President in agreement with the Governing Board or
at the request of one-third of the members of the General Assembly.
(It should be mentioned here that it may be impossible for some National
Societies to convene a General Assembly every year. If such is the case, and they
choose to convene the General Assembly once every two years only, it may be
necessary to delegate certain powers such as approval of the plans, budgets and
financial reports to the Governing Board. Should it also prove not possible to
convene the General Assembly once every two years, consideration should be given
to the appointment of an additional governing body, as provided for in model B
a General Assembly, a Governing Council and a Governing Board).
Procedure:
The General Assembly is presided over by the President of the National Society.
Unless otherwise provided for in these Statutes, the General Assembly takes all
its decisions with a quorum of one-half of its members and by a majority of those
present and voting.
Each of its members has a single vote.
Governing Board
Composition:
The Governing Board is the body governing the National Society between
sessions of the General Assembly. It is composed of:
a) the President (and the vice-president(s);
b) ... (number) members elected at the General Assembly;
c) ... (limited number) of outstanding individuals, chosen by the Governing
Board for their specific competencies or because of their interest in the
National Society).27

27 See the profiles in section VII.


770 SECTION III

The term of office of the members of the Governing Board is ... (e.g. four) years.
In the event that a member of the Governing Board obtains a post as a high-
ranking public officer,28 he or she shall secure, that no conflict of interest will arise.
The total number of persons on the Governing Board shall preferably be
between 12 and 15.29
Powers:
Subject to the present Statutes and within the framework of the decisions and
general directives adopted by the General Assembly, the Governing Board is vested
with all the powers necessary for carrying out the aims of the National Society.
In particular:
a) It provides for the setting up and dissolution of the Regional and Local Boards.
b) It monitors membership.
c) It sets policies on staff and volunteers.
d) It ensures long-term viability and makes decisions about priorities.
e) It sets goals.
f) It establishes a structure and promotes a culture to achieve defined goals.
g) It defines the outcomes of performance and sets standards arising
therefrom.
h) It determines criteria for beneficiaries, clients and vulnerable groups.
i) It draws up, approves or amends all regulations which are necessary in order
to give effect to the present Statutes.
j) It sets up the committees or commissions which it deems desirable or
necessary for carrying out these tasks.
Powers attributed either to the General Assembly or to the Governing Board:
a) To elect the vice-president(s) from among themselves, and the Finance
Commission.
b) To appoint the CEO and dismiss him/her if necessary.
c) To keep a broad perspective with regard to the effectiveness of the National
Society, and evaluate the performance of the CEO and the National Society.
Sessions:
The Governing Board meets in ordinary session at least once every two months.
Extraordinary sessions of the Governing Board are held on the initiative of the
President or at the request of one-third of its members. The CEO may request the
President to convene an extraordinary session.

28 A public officer is anyone appointed or elected to exercise or participate in the exercise of public author-
ity. See the profiles in section VII.
29 On the one hand the total number of persons on the Governing Board should provide an adequate basis
for executing its powers, but on the other hand not be so high as to render it impossible to meet regularly.
ORGANIZATION OF NATIONAL SOCIETIES 771

Procedure:
The Governing Board is presided over by the President of the National Society.
It takes all its decisions with a quorum of one-half of its members and by a majority
of those present and voting. Each of its members has a single vote. In the event of a
tie, the President has a second casting vote.

2. MODEL B: General Assembly + Governing Council + Governing Board


General Assembly
Composition:
The General Assembly represents the National Society as a whole. It is composed of:
a) the members of the Governing Council;
b) the chairmen of the Regional and Local Boards;
c) elected representatives of Local Boards, the number elected by each Local
Board being determined by the Governing Board in proportion to the
number of the Local Boards active members, with a maximum of.... (e.g. the
largest Local Boards may have five representatives and the smallest Local
Board one representative, while the number of representatives of medium-
sized Local Boards would be somewhere in between).
Powers:
Subject to the present Statutes, the General Assembly is the highest authority of
the National Society.
a) It formulates the mission and policies that govern the National Society.
b) It ensures that the statutes and internal regulations are up to date, and
monitors the compatibility of relevant national laws with the objectives of
the Red Cross and Red Crescent Movement.
c) It elects the members of the Governing Council.
d) It elects the President of the National Society.
Powers, attributed either to the General Assembly or the Governing Council
a) To elect the members of the Governing Board.
b) To elect two vice-presidents and the Finance Commission.
c) To determine the amount of subscriptions.
Sessions:
The General Assembly meets every four years (and preferably more often) in
ordinary session at a time and place determined by the previous General Assembly,
or by the Governing Council acting under authority delegated to it by the General
Assembly. It meets in extraordinary session on the initiative of the President in
agreement with the Governing Council or at the request of one-third of the members
of the General Assembly. (Since the General Assembly in this model only meets every
four years it is necessary to delegate some of its powers to the Governing Council.)
772 SECTION III

Procedure:
The General Assembly is presided over by the President of the National Society.
Unless where otherwise provided for in these Statutes the General Assembly takes
all its decisions with a quorum of one-half its members and by a majority of those
present and voting.
Each of its members has a single vote.

Governing Council
Composition:
The Governing Council is the body governing the National Society between
sessions of the General Assembly. It is composed of:
a) the President (and the vice-presidents, unless elected from among themselves);
b) the other members of the Governing Board (unless elected from among
themselves);
c) ... (number) members elected at the General Assembly;
d) the chairmen of the Regional Boards;
e) ... (limited number) of outstanding individuals, chosen by the Governing
Council for their special competencies or because of their interest in the
National Society.
The term of office of the members of the Governing Council is ..... (e.g. four) years.
The total number of persons on the Governing Council shall be between 30 and 60. 30
Powers:
Subject to the present Statutes and within the framework of the decisions and
general directives adopted by the General Assembly, the Governing Council is vested
with all the powers necessary for carrying out the aims of the National Society.
a) It approves the plans and budgets and the activity and financial reports of
the National Society.
b) It ensures long-term viability and makes decisions about priorities.
c) It sets goals.
Powers, attributed either to the General Assembly or the Governing Council:
a) To elect the members of the Governing Board from among themselves.
b) To elect the vice-presidents from among themselves and the Finance
Commission.
c) To determine the amount of subscriptions.
Powers, attributed either to the Governing Council or the Governing Board:
a) To keep a broad perspective with regard to the effectiveness of the National
Society and evaluate the performance of the CEO and the National Society.

30 The total number of persons on the Governing Council should provide an adequate basis for executing
it powers, but on the other hand not render it impossible to meet regularly.
ORGANIZATION OF NATIONAL SOCIETIES 773

b) To appoint the CEO and dismisses him/her if necessary.


c) To provide for the setting up and dissolution of Regional and Local Boards.
d) To monitor membership.
e) To draw up, approve or amend all regulations which are necessary in order
to give effect to the present Statutes.
f) It establishes a structure and promotes a culture to achieve defined goals.
g) To set up the committees or commissions deemed to be desirable or
necessary for carrying out these tasks.
Sessions:
The Governing Council meets in ordinary session at least once every year
(preferably twice a year).
Extraordinary sessions of the Governing Council are held on the initiative of
the President or at the request of one-third of its members.
Procedure:
The Governing Council is presided over by the President of the National
Society. It takes all its decisions with a quorum of one-half of its members and by a
majority of those present and voting.
Each of its members has a single vote.

Governing Board
Composition:
The Governing Board is the governing body between sessions of the Governing
Council. It is composed of the President, the Vice-President(s), the Chairman of the
Finance Commission, and of ...... (e.g. 9 12) members elected by the (Governing
Council or the General Assembly) for a period of .......(four) years, ....... (one-
quarter) of whom shall retire ........ (every) year.
In the event that a member of the Governing Board obtains a post as a high-
ranking public officer, 31 he or she shall secure that no conflict of interest will arise.
Powers:
The Governing Board is vested with the following powers or whatever powers
are delegated to it by the Governing Council or the General Assembly:
a) It sets policies on staff and volunteers.
b) It takes decisions on any important matter which may arise.
c) It defines the outcomes of performance and sets standards arising
therefrom.
d) It determines criteria for beneficiaries, clients and vulnerable groups.

31 See footnote 28.


774 SECTION III

Powers, attributed either to the Governing Council or the Governing Board:


a) To keep a broad perspective with regard to the effectiveness of the National
Society, and evaluate the performance of the CEO and the National Society.
b) To appoint the CEO and dismisses him/her if necessary (or to recommend
the appointment of the CEO to the Governing Council).
c) To provide for the setting up and dissolution of Regional and Local Boards.
d) To monitor membership.
e) To draw up, approve or amend all regulations which are necessary in order
to give effect to the present Statutes.
f) To set up the committees or commissions deemed to be desirable or
necessary for carrying out these tasks.
Sessions:
The Governing Board meets whenever it is convened by the President and at
least once a month.
Procedure:
The Governing Board is presided over by the President of the National Society.
It takes all its decisions with a quorum of one-half of its members and by a majority
of those present and voting.
Each of its members has a single vote.

3. President
The President is the highest office bearer of the National Society. The President
is responsible to the General Assembly for ensuring that the National Society
pursues its principal objects and exercises its functions as defined in Art ...... of the
Statutes. The President acts under the authority of the General Assembly (the
Governing Council) and the Governing Board to guide the affairs of the National
Society in conformity with their decisions and to ensure the smooth functioning of
the National Society.
The functions of the President are:
a) to convoke and preside over the sessions of the General Assembly (the
Governing Council) and the Governing Board;
b) to present to the General Assembly a review of the state of the National Society;
c) to coordinate the work of the bodies of the National Society;
d) to represent the National Society, both nationally and internationally;
e) to carry out any other function entrusted by the General Assembly (the
Governing Council) and the Governing Board.32
The President may delegate part of the functions under this article to (one) of
the Vice-President(s) or to the CEO.

32 The President may also be attributed the function of recommending a CEO to the Governing Board.
ORGANIZATION OF NATIONAL SOCIETIES 775

In the event of a vacancy arising in the office of the President, or should the
President be unable to carry out her/his functions, the Governing Board or the
Governing Council shall at its next ordinary session designate a vice-president who
shall serve as Acting President until the next session of the General Assembly. At
this session the General Assembly shall elect a President to fill the vacancy for the
remaining period of the current term of office. Until the designation of a Vice-
President as Acting President by the Governing Board or the Governing Council,
the ex-officio Vice-President will fulfil this function.

4. Finance Commission
Composition:
The Finance Commission is an advisory commission to the Governing Board
and shall be composed of a chairman and .... (e.g. nine) members, appointed by the
Governing Board for a term of .... (e.g. four) years.
Functions:
The functions of the Finance Commission:
a) To give advice on all financial questions affecting the National Society;
b) To comment on the financial report and on the budget drawn up by the
CEO;
c) To comment on the handling and investment of the available funds and to
make recommendations to the General Assembly and to the Governing
Board (and Governing Council) on any financial measures which it deems
appropriate;
d) To review periodically the formula for fixing the subscription fee of
members;
e) To assist the Governing Board (or the Governing Council) in applying and
implementing the decisions of the General Assembly on the financial
management of the National Society;
f) To report on its work to each session of the Governing Board.
Procedure/Sessions:
The procedure and sessions of the Finance Commission shall be laid down in
the Rules of Procedure of the National Society.

V MANAGEMENT
a) Minimum requirements
A distinction between the governance and management of the National Society
must be ensured. The National Society Governance Guidelines produced by the
International Federation in 1997 provide details on this issue.
776 SECTION III

While the governing bodies focus on the broader picture and long-term
planning, the role of management the CEO and his/her staff, in co-operation with
the volunteers is to support the governing bodies at all levels, and to prepare and
to execute the governance decisions that require action by management. In short,
management deals with the day-to-day operations, the specifics and the details,33
while the Governing bodies provide direction for the National Societys work.
The staff is accountable to the CEO for their performance, while the CEO is
accountable to the Governing Board.34 In other words, management gives an
account of its performance to the members. See also Illustration 3.
The CEO is the head of management, and leads and is responsible for the
secretariat of the National Society. The CEO is responsible for the implementation
of the decisions of the General Assembly and the Governing Board (Governing
Council) which require action by him/her for any mandate that may be assigned to
him/her by these and other governing bodies of the National Society (e.g. the
President or the Finance Commission or even, as the case may be, governing bodies
at the local level). In other words, the CEO is responsible for the daily work and the
staff. As stated above, it is crucial that the functions of the CEO be separate from
those of the President. The roles are essentially different (highest personality in
governance and head of management), and in order to keep the lines of
accountability clear, the positions should not be unified in one person.35
The CEO is not elected but appointed. Since it is a function of great importance,
the CEO will need to be appointed by the highest possible governing authority. This
body must, at the same time, be in a position to dismiss the CEO promptly if
necessary. This implies that the relevant governing body should meet at least once,
preferably twice a year or, alternatively, that it has emergency authority to meet
urgently to take the necessary decisions. The CEO may thus be appointed by the
General Assembly on the recommendation of the Governing Council (or the
Governing Board), or by the Governing Council (or the Governing Board), on the
recommendation of the Governing Board (or the President). The power to dismiss
the CEO in cases of emergency may also be separate from the power to appoint a
CEO. The power to appoint the CEO may e.g. rest with the General Assembly, while
the power to dismiss the CEO and appoint an interim CEO may be assigned to a
governing body that meets more frequently (the Governing Council or the
Governing Board).
Since the CEO is accountable to the governing bodies for the performance of
the management structure, which consists of his/her staff, it follows that employees
cannot be included in the governing bodies. If this were the case, the employees

33 For further information see: National Society Governance Guidelines, 1997, chapter 3.
34 If
there only exists a General Assembly and no Governing Board the CEO is accountable to the General
Assembly.
35 Otherwise an unfortunate situation might arise, where the CEO would be accountable for his work to
the Governing Board (Governing Council) of which he/she him-/herself would be the chairman. The CEO
would thus be partly accountable to him-/herself.
ORGANIZATION OF NATIONAL SOCIETIES 777

would report back to themselves on their performance and evaluate their own
work, thereby placing the system of accountability in jeopardy. For this reason the
CEO should not be a voting member of the Board. If a member of the governing
bodies is chosen to be appointed CEO, he/she must resign from the governing body
before taking up his/her duties as CEO. However, the CEO should always have the
right to participate, e.g. as a non-voting member, in the General Assembly and
Governing Board and other governing bodies, and should also be ex-officio the
Secretary of their meetings.
For historical or resource reasons, full separation of governance and
management may not be the case in a number of National Societies. This may be
acceptable during a transitional period, but National Societies must aim towards a
complete functional and personal separation of governance and management as
described above. If the case arises, the accountability of any member of the
Governing Board who is also acting as a manager must still be maintained.

Governance Management
delegation

Illustration 3
General Governing Governing Secretary
Assembly Council Board General
accountability

Departments

b) Elements to be included
The statutes should provide for a governance structure as described in
section IV. The statutes do not need to provide for a detailed management
structure; a description of the functions of the CEO and his obligation to report to
the relevant governing authority will suffice.

c) Options and recommendations


There are no specific recommendations for this section.
d) Sample Clauses
The CEO shall be appointed by the General Assembly (or the Governing
Council or the Governing Board) on the recommendation of the Governing
Council (or the Governing Board or President) under the conditions previously
laid down by the General Assembly (or the Governing Council or the Governing
Board). (These conditions should contain a profile reflecting relevant criteria and
competencies.) The contract of appointment between the National Society and the
CEO shall be drawn up by the Governing Board (or the Governing Council) in
accordance with the relevant provisions in the Rules of Procedure.
778 SECTION III

The CEO is the full-time senior manager of the National Society. The CEO, who
will carry out his/her functions under the authority of the Governing Board and
the President, has the following functions:
a) To implement the decisions of the General Assembly (and the Governing
Council) and the Governing Board and the mandates assigned to her/him by
other bodies of the National Society;
b) To direct the Secretariat and be responsible for the execution of the work
entrusted to it;
c) To draft the budgets and financial reports;
d) To organise the different services of the Secretariat in accordance with the
decisions of the General Assembly (and of the Governing Council) and of the
Governing Board, appoint competent staff to the Secretariat, and when
necessary terminate the appointment of such staff. Appointment to the posts of
Deputy CEO and Under CEO shall be made by the CEO, after obtaining the
approval of the Governing Board (or the Governing Council) of the candidates
selected by her/him;
e) To be the authorised representative of the National Society in relation to third
parties and courts of law for all transactions whatsoever, including transactions
executed in notarial form relating to the acquisition, administration and
expenditure of the resources of the National Society;
f) To direct the actions decided upon by the General Assembly (or the Governing
Council) or the Governing Board. In exceptional or urgent circumstances, the
CEO shall take all appropriate measures;
g) To carry out any other function assigned to her/him by the present statutes or
entrusted to her/him by the Governing Board (or the Governing Council) or
the President;
h) To report on the activities of the National Society to the General Assembly and
to the Governing Board (and the Governing Council).
In carrying out her/his functions the CEO shall keep the President closely
informed.
The CEO shall ex officio be Secretary of the General Assembly, the Governing
Board (and the Governing Council) and, unless the statutes provide otherwise, of
all other bodies set up by the General Assembly (or the Governing Council) or the
Governing Board. The CEO may delegate these functions to other officials of the
Secretariat.
The CEO shall participate in the sessions of the General Assembly (the
Governing Council) and the Governing Board in an advisory capacity.
The CEO shall establish the structure of the Secretariat, the general outline of
which shall be subject to the approval of the Governing Board (or the Governing
Council).
The Secretariat assists the CEO in the implementation of her/his executive task.
ORGANIZATION OF NATIONAL SOCIETIES 779

VI BRANCH STRUCTURE
a) Minimum requirements
The National Society must carry out its humanitarian work throughout its
territory. It is therefore important to establish a branch structure, that covers the
whole country. Such a structure will enable the National Society to recruit members
from, and to extend its activities to, the entire country and its dependencies. 36
There will be less need for an extensive branch structure in a small country.

General Headquarters

Illustration 4
Basic Organisations

b) Elements to be included
Provisions for a branch structure should cover the following issues:
- establishment and dissolution of branches;
- definition of the different levels of branches;
- establishment of governing bodies (and management) at the different levels;
- setting up of procedures whereby the lower levels are represented at the
higher levels;
- attribution of authority to the branches;
- accountability of branches to the central level.
c) Options and recommendations
Depending on the size of the country and the number of members, two or three
layers should be established under the central level. Appropriate terminology
should be used to describe these layers in the statutes (Local, Town, City, District,
Provincial, Regional Branch or Section), that best reflects the territorial area
covered by their branch. The capital may thus contain a separate town and a
provincial branch, in addition to the Societys headquarters. Merging these
different levels into one unit is not recommended, because each level represents a
different territorial entity (local, provincial and national) and may therefore have
different interests and authority. It is therefore of crucial importance to keep these
entities separate.The composition of the governing bodies of each level must
represent the entire territory they cover.

36 Principle of Unity, see also Jean Pictet, p 85 and 86 where he states By this means, step by step, the Red
Cross can infiltrate the population, enabling it to reach all sections of the population, among whom it can
carry out its mission and enjoy the co-operation it needs.
780 SECTION III

At the lowest level, all members should participate at the Assemblies of this level.
Representatives to higher (second and/or third) levels are elected at these Assemblies.
The General Assembly could be composed of representatives from all levels.37
At the intermediate levels, the same governing structure (Assembly, Council,
Board, President, Commissions) can be used as at the central level. It may also be
necessary to employ staff at these intermediate levels.Appropriate regulations should
foresee lines of accountability for such personnel. For example, local staff could be
accountable through their manager to their levels own governing bodies, which in
turn could be accountable or responsible to the central level governing bodies.
Alternatively the staff at these intermediate levels could be directly accountable
to the CEO at Headquarters (central level), who, as previously mentioned, is
accountable to the central governing body.
It is recommended that a distinction be made between accountability policies for
activities of national relevance on the one hand, and for local initiatives on the other.
For activities the scope of which does not extend beyond local or regional interests,
for example, the local or regional manager should report to the local or regional
board (see the continuous line in Illustration 5). In order to maintain, on the one
hand, a certain level of co-ordination regarding nation-wide programmes, and
staffing policies, on the other hand, the branch manager should report directly to the
relevant department at Headquarters or to the CEO. Headquarters should in return
give support to and guidance on these activities (see the dotted line in Illustration 5).
For the National Society to comply with the Principle of Unity and be the only
Red Cross or Red Crescent Society in its country, it must be directed by one central
body, instead of consisting of branches which have full autonomy. 38 However, the
branches should have adequate authority to execute effectively their activities. A
structure of decentralised authority and centralised accountability (or
responsibility) should be established. The question naturally arises as to what
extent decentralisation is recommended. Decentralisation to the largest possible
extent is advisable with the understanding that the following functions must
remain centralised:
- Protection of the integrity of the National Society (including protection of the
emblem);
- Contacts with the central public authorities;
- International relations (within the Movement);
- A minimum of financial co-ordination and co-ordination of national
programmes to ensure resources are allocated to the most vulnerable;
- General policy frameworks (including staffing policies, which must be
uniform in the entire organisation);
- Accountability for funds from external sources.

37 See also section IV.


38Principle of Unity, There can only be one Red Cross or one Red Crescent Society in any one
country...., see also Jean Pictet, p 82 and 83.
ORGANIZATION OF NATIONAL SOCIETIES 781

Branches may therefore only have independent legal status so long as unity is
protected by a mechanism that ensures branches will comply with decisions taken
at the national level. Statutes should clearly state the consequences for branches that
fail to comply with decisions or policies taken at the central governing level, the
ultimate example of which is expulsion in the form of revoking the right to use the
name and emblem of the National Society.
In the event that a decentralised structure is chosen, the activities of the
branches must be carried out within the framework of the National Society. If, on
the other hand, a centralised structure is chosen, it must be possible that, while
decision-making remains central, its execution is delegated.
Governance Management

HEADQUARTER OFFICE
Central Level

delegation
President Chief Executive
Advisory Committees Governing Board Officer (CEO)
accountability
elects
Governing Council
elects Departments

Illustration 5 39
General Assembly
Reporting and Support and
accountability guidance
especially on especially on
activities of activities of
elects national national
relevance relevance

Chairman
Branch Level

delegation BRANCH OFFICE


Branch Board
Branch
elects accountability (CEO)
Branch Assembly

Departments

It is recommended that the statutes stipulate that the branches may only establish
formal co-operation agreements with other organisations for specific projects after
the approval of the Governing Board (or Governing Council) has been obtained.
Agreements of this kind shall never force the branch to engage in activities violating
the Fundamental Principles, including in particular National Societies independence.
d) Sample Clauses
Regional Committees/Assemblies:
When the Governing Board (or the Governing Council) considers it necessary
it may establish Regional Boards, defining the territory allotted to each and

39 The illustration only takes one branch layer into consideration, but the line of accountability will be the
same at the sub-branch level.
782 SECTION III

delegating such responsibility as it thinks fit for the organisation of the National
Society and its activities in that area.
The Governing Board may also provide for the convening of Regional
Assemblies, including the frequency of their meetings, and for the election of the
Regional Board by those Assemblies.
If there is no provision for Regional Assemblies the Governing Board shall
prescribe the composition of the Regional Boards on the basis that they are fully
representative of the Local Boards in each region in proportion to the active
membership of those Local Boards.
Local Committees/Assemblies:
With the object of ensuring that the National Societys activities extend
throughout the whole of the country the Governing Board (or the Governing
Council) shall establish (or authorise Regional Boards to stablish) Local Boards,
defining the territory allotted to each and delegating such responsibility as it thinks
fit for the organisation of the National Society and its activities in that area.
Each Local Board shall be responsible to the Governing Board (or the
Governing Council) or, where there are Regional Boards, to its Regional Board.
The Governing Board shall lay down regulations for the organisation of Local
Boards and the conduct of their meetings.
Each Local Board shall convene, not less than once a year, an Assembly at which
all active members shall have the opportunity of meeting to discuss the business of
the National Society and electing the Local Board for the following year.
Other regional/local bodies:
Each Local/Regional Assembly (or Board) shall elect annually a President,Vice-
President, Finance Commission, and a Secretary and may elect such other officers
as it deems necessary for the proper discharge of its functions.
The staff appointed by Local/Regional Assemblies (or Boards) shall report to
their Local Boards, except on activities of national relevance, for which they shall
report directly to the CEO at Headquarters.
The right of terminating these appointments is also vested in the Local/Regional
Assembly (or Board), subject to the right of appeal to the Governing Board (or the
Governing Council) by any officer of a Local or Regional Board who considers that
s/he has been unjustly treated. In case of such an appeal, the decision of the Governing
Board (or the Governing Council) shall be final and binding on all parties.
VII ELECTION, ROTATION AND PROFILES
a) Minimum requirements
Election:
The statutes of the National Society must include provisions for the election by
the Societys members of the members of (or their representatives to) the
governing bodies. The same is true for the appointment of the CEO.
ORGANIZATION OF NATIONAL SOCIETIES 783

Rotation:
A certain degree of experience is necessary in order to be able to govern a
National Society. On the other hand, it is important that there is a rotation among
the persons in leading positions in order to maintain a fresh perspective on
governance issues. This is pertinent for the development of the National Society
and its adaptability to changing conditions.
New persons should therefore be elected at regular intervals to the various
governing positions and bodies (President, Vice-Presidents, Governing Board and
Governing Council, and Commissions).
Profiles:
The profiles of the leadership in the National Society must be such that they do
not compromise the National Societys ability to act in accordance with the
Fundamental Principles.
In particular, the independence of its leaders is indispensable if the National
Societies are to secure impartiality and neutrality, and to be seen by the stakeholders
in the community as doing so. Therefore, if individuals holding positions as elected
or appointed public officer are elected by the Society on any decision-making body
at any level (local, regional or national), or if a number of seats is reserved on such
bodies to represent governmental departments, it must always be ensured that the
total number of such individuals do not constitute either a controlling majority or
minority, the relevant percentages of votes depending in each case upon the
Societys rules/ by-laws.
Furthermore, in order to be able to give competent guidance to a National
Society, the leadership must be selected from among persons with a demonstrable
level of capacity. At the same time, the leadership should reflect the variety of
members of the National Society. The governing bodies should be diverse in their
composition and it is therefore of crucial importance that the governing bodies have,
as members, individuals who represent the societys main stakeholders and who can
assist the National Society in fulfilling its responsibilities in accordance with the
Fundamental Principles.
Ability to deal Capacity to be a
with values, visions and team member
the long term Competencies
Illustration 6 40

Judgement
Parameters
when selecting members Added diversity
Qualifications for governing bodies race,
socio-economic
background, gender,
Willingness political beliefs,
to delegate Adequate religious beliefs,
available time Commitment age

40 Elaboration on the illustrated parameters can be found in the Governance Guidelines, p. 30-31.
784 SECTION III

b) Elements to be included
The statutes of the National Society should stipulate:
- Which entities elect the persons to be represented in the different governing
bodies;
- Whether certain qualifications are a prerequisite for the position in question;
- How candidates are selected;
- Requirements for a quorum and majority;
- The term of office;
- The rules for re-election;
- eventually also: the grounds and procedures for removing elected individuals
from office.
c) Options and recommendations
Election/appointment:
The process for electing the President at the General Assembly from among a
number of candidates, and the appointment of the CEO by a National Society
governing body, must be stipulated by the statutes. The President or CEO should not
be selected by, for instance, the government.41 The principle of election by members
of the governing bodies requires that the composition of governing bodies and their
rules of procedure must be such that they ensure that the elected members always
have the majority and can not be outvoted or blocked by government or other
external representatives. This could be done by setting a quorum of at least twice the
number of external representatives, provided the quorum requirements are not such
that they block the efficiency of the decision-making process.
Rotation:
It is suggested that the term of office be four years, and that the term in office of
one-half of the members of the Governing Board and the Finance Commission
expire at a time to coincide with a General Assembly, and that of the other half two
years later. This will secure a representation of both new and experienced persons
in these bodies at all times.
Re-election should be possible, but only for a certain period and number of
terms, determined by the statutes.
The election procedure may be regulated by the Rules of Procedure.
Profiles:
In many instances it is useful for the National Society to co-operate closely with
the public authorities. This can be achieved by establishing expert advisory
commissions that include representatives from the public authorities, by

41 In some countries the President and/or the CEO is formally appointed by the government. This is only
acceptable if the National Society has the right to select the candidate and subsequently recommend him/her
to the government and that the government may not appoint a person who was not selected by the National
Society.
ORGANIZATION OF NATIONAL SOCIETIES 785

operational co-operation, or through specific agreements. Very often public


servants are the best partners for co-operation because they combine expert
knowledge with governmental experience.
The concern is often raised whether elected public officers (e.g. Ministers) on the
board or any governing body of the Society at any level (local, regional, national)
would make the Society more vulnerable to public perception of being part of
government. On the other hand, public officers on the board often represent the
main stakeholders of the Society and may sometimes be considered a (practical)
advantage in order to obtain access to resources and get programs approved.
Regardless of whether public officers are elected or appointed to office, whether
they sit on the board as representatives of the government or in a personal capacity,
or whether they become member of the board while being a public officer or
become public officer during their term of office on the board, two elements could
constitute a safeguard against abuse: a code of conduct for board members and the
Societys influence over, even control of, the selection of public officers.
A Code of Conduct could require members of decision-making bodies to act
solely in the interest of the Society and, in the case of a conflict of interest, to abstain
from taking part in decision-making. Or they could require Board members to
resolve conflicts of interest in conformity with the Code or to resign. To be
effective, all members of the statutory body concerned should be required to sign
their commitment to respect the Code. A sample formula for a Code certificate is
included in the sample clauses below.
Consideration should be given as to whether persons holding high-ranking
positions in the government or a political party may be appointed to key posts of
the National Society, such as President or CEO. Such appointments may jeopardise
the independence or the perception of independence of the National Society as
such, and therefore compromise its integrity. A conflict of interest clause in the
statutes could cover this issue. Here again, a Code of Conduct is probably the best
instrument to ensure a natural and transparent selection of individuals for senior
offices in the Society (President, Vice-Chairperson, Treasurer) that do not permit
conflicts of interest because of their capacity as public officers.
The Societys influence over, or control of, the selection of public officers would
be most useful in case a number of board seats is reserved for ministerial
departments. Societies should be encouraged to influence as much as possible the
choice of represented government institutions or the individuals concerned. Such
influence is perhaps best achieved through the election (the most preferred is
elected) of the individual public officers by the Society itself.
However co-operation is organised, it is important for the National Society to
ensure that it is in compliance with the Fundamental Principles.
There shall be no discrimination in the selection of candidates for governing or
managing positions in the National Society. As regards governance, the principle of
impartiality is to be taken one step further. Not only must discrimination be
avoided but diversity should also be sought. The governing bodies should reflect
786 SECTION III

the stakeholders of a National Society and pay attention to the diversity of the
people in its environment.42 Non-discrimination based on political beliefs deserves
due attention in the statutes.
The National Society is a non-political organisation, open to all. Membership of
a certain political party should thus be irrelevant. However, in order to maintain
this non-political character, and avoid any intrusion of politics into its sphere of
action, it is recommended that political domination in 43 and exclusion of certain
groups from the governing bodies for the same reasons be avoided.44
The branches and the Governing Board may propose candidates to the relevant
governing body. It is recommended that proposals for candidates for the leading
positions in the National Society (President, members of the governing bodies and
the CEO) be based on the candidates curricula vitae. This will help ensure that
qualified candidates with expertise in various fields such as medicine, law, and
social sciences, and skills in the areas of planning, management, finance,
accounting, programmes, fund-raising, communication and marketing are
represented.
Some National Societies establish a selection commission for the recruitment
and selection of candidates. For this system to work well, however, it is crucial that
the statutes provide clear selection criteria and a transparent procedure. Further
guidelines for the criteria for, and use of, a selection commission are to be prepared
by the International Federation.
It should also be established that candidates for the governance bodies have
adequate time available for these functions. High-ranking posts within a National
Society are not honorary positions, taken up for reasons of prestige without
commitment. While the positions are honourable, they also entail responsibility
and expectations of performance. These duties require a commitment of time and
energy, not just at meetings but also in preparations for and follow-up after
meetings. Candidates must be prepared to put in the time required. In addition,
they serve in a volunteer capacity and do not receive any remuneration for their
work. They should get involved for one reason alone to benefit the work of the
National Society.45 However, they could be reimbursed costs in conformity with
procedures applicable to all elected volunteers.

42 If everyone is of the same political affiliation the organ will most likely lack diversity. See National
Societies Governance Guidelines, 1997, p. 28
43 This will not be possible in one-party systems. Other kinds of diversity should then be sought,
e.g. young/old, rich /poor, male/female etc.
44 A well-functioning National Society avoids domination of the governing body by one group or by the
government and it avoids exclusion of certain groups from membership of the body. International
Federation, Characteristics of a Well-Functioning National Society, 1994, p. 4, 2.1.
45 Governance Guidelines, p. 29 and 31.
ORGANIZATION OF NATIONAL SOCIETIES 787

d) Sample Clauses
In addition to the examples given under section IV the following formulations
may be considered:
Election/Rotation
The members elected for the following posts may not be eligible to stand for
election for the same post again after having served two consecutive terms
(maximum eight years) in that post until a further term has elapsed:
a) President
b) Vice-President
c) member of the Governing Board (and Governing Council)
d) chairman or member of the Regional or Local Board;
e) chairman or member of the Finance Commission (at the central, regional
and local level).
Profiles
The curricula vitae of the candidates should be circulated before the elections
for the above-mentioned posts take place. The candidates are selected based on the
following criteria:
a) level of education;
b) relevant experience;
c) no conflicting interests between candidates profession/or close family
relations and his/her freedom to execute his/her tasks in compliance with
the Fundamental Principles;
d) a profile that adds to the diversity of the group (professional and personal
background).
(In order to protect the National Societys independence and avoid domination
of the governing bodies, steps should be taken to ensure that the members of the
governing bodies represent different stakeholders in society.)
788 SECTION III

CODE OF CONDUCT CERTIFICATE


FOR NATIONAL SOCIETY BOARD MEMBERS

I, the undersigned, being a member of the Governing Board of the (x) Society,
HEREBY DECLARE:
That I will comply with such Statutes and Rules of Procedure of the (x) Society as
may be in force from time to time
That I will comply with such Terms of Reference/Code of Conduct as may be
adopted by the Board from time to time
That at all times I will make decisions and otherwise act fully in accordance with
the Fundamental Principles of the Movement
That I will always place the interests of the (x) Society before any personal
consideration
That in the event of a conflict of interest, or alleged conflict of interest, I will either:
Resolve such issue strictly in accordance with my obligations under this Code of
Conduct, or Resign

Dated this day of , (year)

....................................... ..................................
Full name Signature
ORGANIZATION OF NATIONAL SOCIETIES 789

VIII FINANCIAL MATTERS


a) Minimum requirements
The National Society is entrusted with significant funds, which it uses to relieve
the suffering of the most vulnerable groups. It is crucial that clear and transparent
lines of accountability be established in order to ensure the sound administration
of such funds. Because management is responsible for implementing the decisions
taken by the governing bodies, it should report to these bodies on how the funds
are used.
b) Elements to be included
It is recommended that the statutes make provision for the following
responsibilities:
- drafting of the budgets and financial reports;
- advice on the budgets and financial reports;
- approval of budgets and financial reports;
- decisions on the acceptability of financial resources.
A satisfactory system of internal accountability and external audits is a useful
tool for improving transparency and ensuring a sound administration of funds,
and thereby limiting the risk of corruption within the National Society. Should
irregularities occur, it is essential they are acted upon and rectified promptly. The
statutes should therefore provide for a system of external audits.
c) Options and recommendations
As regards financial independence, the statutes should stipulate that no
donations that compel the National Society to act in violation of the Fundamental
Principles shall be accepted. Donor diversity should be sought in order to avoid a
situation in which a National Society has to fulfil certain unwritten conditions if it
is to continue receiving donations from one specific donor on whom it depends.
It is recommended that the CEO be made responsible for drafting the budgets
and financial reports. The Finance Commission could be responsible for
commenting on these budgets and financial reports before they are approved by
the Governing Board for submission to the General Assembly (or the Governing
Council) (once a year). See also the sample clauses in Section IV. under 4. Finance
Commission. In order to guarantee financial accountability and transparency, the
statutes should also provide for a system of regular external audits.
Financial resources may be received from governments or other local or
regional institutions, individuals, the Red Cross and Red Crescent Movement, UN
Agencies, and funds raised through cost recovery or commercial activities. It is
advisable not to be dependent on one particular source of income.
Donations given under conditions that compromise the integrity of the
National Society must be rejected.
790 SECTION III

d) Sample clauses
In addition to section IV on the Finance Commission, the following
formulations may be considered regarding the finances of the National Society.
External audits
At the close of each financial year the accounts of that year are audited and
reported on by a company of chartered accountants.
Financial resources
Within the limits laid down by its objects the National Society acquires, owns,
alienates and administers any property as may be deemed fit.
It may accept unrestricted contributions and assistance in any form from
individuals, from the public authorities and from private bodies.
It shall not accept donations directly stemming from revenues of activities
contrary to the Fundamental Principles.
It may accept as agent or trustee funds or property in trust or earmarked for
particular use, provided that such use is within the general scope of its objectives
and does not violate the Fundamental Principles.
It may accept any conveyance of real estate to its use or benefit.
It may constitute and administer any reserve, insurance or other funds for its
staff or any of its activities.

CHAPTER 3 CONCLUSION

As mentioned in the introduction in Chapter 1, this Document aims at assisting


National Societies in drafting or revising their statutes. Proper statutes, as part of a
sound and coherent legal base, will help protect the integrity of the National
Society. The Guidelines contained in Chapter 2 therefore provide requirements,
checklists, options and recommendations for consideration when drafting or
revising different parts of the statutes.
Three core elements can be extracted from Chapter 2. These are the relationship
between the National Society and the government, the separation between
governance and management, and the establishment of a branch structure. A
significant number of integrity problems related to the statutes of a National
Society surface because of an inadequate or unsatisfactory regulation of one or
more of these three elements. They should therefore be understood and properly
dealt with in the relevant sections of the statutes.
- Relation between the National Society and its government
The National Society is a unique organisation. It is auxiliary to its government
in its humanitarian tasks, yet must at all times remain independent in order to
ORGANIZATION OF NATIONAL SOCIETIES 791

secure the fulfilment of its objectives in accordance with the Fundamental


Principles. This requirement must be considered when drafting the General
Provisions and provisions regarding Elections, Profiles and Finances.
- Separation between governance and management of the National Society
Governance functions should be attributed to the governing bodies while
management functions should be placed under the responsibility of the CEO.
In order to maintain a separation of the two functions, no one person should be
entrusted with both management functions and governance functions. This
requirement must be considered when drafting the provision relating to the
governing bodies and the management (CEO).
- Establishment of branches
In order to fulfil its objectives in the whole country and reach and involve the
entire population, the National Society should establish branches. There is a
separate section on drafting provisions that relate to branches. This element
should also be reflected in the sections dealing with membership and with the
governance of the National Society.
It goes without saying that once the National Societys statutes are drafted or
revised according to the Guidance, they should also be implemented. The
statutes should be an active document that guides the National Society; not a
dead letter.
It is recommended that a system be established to ensure a regular and ongoing
revision of the above Guidelines, corresponding to changing circumstances and
the needs of the Movement.
792 SECTION III

III

CHARACTERISTICS OF A WELL-FUNCTIONING NATIONAL SOCIETY

(endorsed by the General Assembly of the International Federation of the Red Cross
and Red Crescent Societies at its IXth Session, Birmingham, 1993)

Preface
The 1993 General Assembly requested the Secretary General to elaborate the
characteristics of a strong Society in support of the ongoing work on the
Protection of the Integrity of Member Societies. Several attempts have been made
in the past to define the characteristics of a strong or model National Society.
The conditions for recognition and for admission define some of the more basic
characteristics of a well-functioning Society, which any Society should continue to
meet. These characteristitcs have been further elaborated in the 1975 Tansley
Report (Final Report: An Agenda for Red Cross), in the form of nine main attributes
that the strongest among the Societies would possess.Additional characteristics are
suggested by several other documents.
The present paper uses all these inputs to sketch a total picture of a National
Society incorporating all the key characteristics that a well-functioning Society
should possess. The paper then breaks down the total picture into its major
elements and defines for each of these elements suitable standards or criteria. This
more comprehensive approach makes it possible to assess the entire functioning of
a National Society and to look for strengths and weaknesses in all areas of its
functioning. This approach should be particularly helpful in taking a
developmental perspective, where a Society would wish to make strategic
improvements in critical areas.
Clearly, there are great differences among National Societies around the world,
in terms of their social, cultural and political environment as well as their size,
wealth and range of activities. However, all can find ways of improving by seeking
to match the characteristics of a well-functioning Society presented below. To
further assist in this, the present paper on characteristics has been complemented
by a Handbook on Institutional Development and a Guide for Self-Assessment,
designed to help a Society assess its own situation. Complementary work will also
be done in elaborating model, or sample statutes clarifying appropriate standards
for a National Societys statutes.
ORGANIZATION OF NATIONAL SOCIETIES 793

Introduction
A Red Cross or Red Crescent Society has three key elements: its foundation, its
capacity and its performance.
The foundation of a National Society is the basis on which it establishes its
identity and defines its functions. It consists of, firstly, its mission the purpose and
goals of the Society, based on the Fundamental Principles of the Movement and on
the specific conditions of the country in which it operates. Foundation also covers
the legal base of the Society particularly its statutes and the Red Cross or Red
Crescent law under which it is recognised by the government. Finally it covers the
National Society constituency its membership and its territorial coverage.
The capacity of the National Society is the central element determining its
functioning. It starts with leadership, and particularly governance and
management key factors for a National Society. Also of key importance are its
financial, human and material resources, which allow it to carry out its mission.
Moreover, a National Society needs an effective organisation: the structure, systems
and procedures that make it work as a unified whole.
The performance of a National Society is determined by the results it achieves
with its foundation and its capacity. It is first defined by the type of activities the
Society carries out, and the way they are selected and prepared. Performance is also
defined by the relevance of activities, particularly in meeting the challenge of
improving the situation of the most vulnerable. And, in the final analysis, it is
defined by effectiveness the extent to which the Society carries out its mission,
monitors and evaluates implementation, and makes adjustements where needed.
The desirable characteristics of a National Society have been listed below, under
these headings, with the purpose of facilitating their analysis and review. While
recognising that many of the characteristics are interrelated, the identification of
specific strengths and weaknesses should be helpful in undertaking strategic
improvements in critical areas.
1. Foundation
1.1 Mission
a) A well-functioning National Society has a clearly stated mission, in other
words, a clear purpose, a clear idea of what it is trying to do. This mission
is well understood and broadly supported, by members at all levels of the
Society.
b) It is guided by the Fundamental Principles of the Movement and operates
in conformity with these Fundamental Principles throughout the Society.
c) It maintains a position of autonomy and independence, while working
closely, as a responsible partner, with the government and with others.
d) Its mission reflects the Mission of the Red Cross and Red Crescent as well
as the Challenge as defined in the Federations Strategic Work Plan.
e) It demonstrates understanding and acceptance of its responsibilities as a
member of the Federation and part of the Movement.
794 SECTION III

f) It strikes the right balance between the preservation of established values


on the one hand and the innovation needed to meet new challenges on
the other.
g) It has a positive public image that properly reflects its mission and its
values.
1.2 Legal Base
a) A well-functioning Society has up-to-date and relevant statues, modified
only after concurrence of the ICRC and the Federation.
b) It is constituted on the territory of an independent country, as the only
Red Cross or Red Crescent Society.
c) It uses the title and emblem of the Red Cross or Red Crescent in
conformity with the Geneva Conventions and the relevant regulations.
d) The Red Cross or Red Crescent law or decree under which it is recognised
by its government is still relevant.
e) The statutes are being respected; in particular, the general assembly (or
equivalent governing body) is being convened regularly and elections are
being held in accordance with the statues.
1.3 Constituency
a) A well-functioning Society extends its activities to the entire territory of
the country, through either an adequate branch network based on a
territorial structure, or through another form of territorial coverage.
b) It recruits its voluntary members and staff without consideration of race,
colour, ethnic origin, sex, class, religion, or political beliefs, pursuing
widespread and popular membership, and seeking to ensure that
membership and leadership are a true reflection of the general
population.
c) It has a clear definition of the various types of membership.
d) It makes special efforts to attract and involve the youth of the country.
2. Capacity
2.1 Leadership
a) A well-functioning Society has a clear and straightforward governing
structure with well-defined roles for its general assembly, for the central
or executive committee, for the chairman or president, and for the chief
executive officer; accountability has been well-established at all levels of
governance and management.
b) It avoids domination of the governing body by one person, one group or
by the government; too, it avoids exclusion of certain persons or groups
from membership.
c) Decision making is widely shared, with all volunteers having access to the
decision-making process and with provision for consultation and a wide
expression of views.
ORGANIZATION OF NATIONAL SOCIETIES 795

d) Leaders are committed to the Red Cross/ Red Crescent and have the
necessary background and skills, with special efforts made to ensure
regular succession of leaders.
e) Leadership training as well as leadership opportunities are provided at all
levels, especially for women and youth.

2.2 Resources
Human Resources:
a) A well-functioning Society engages a sufficient number of properly
qualified persons (staff and volunteers) to carry out its services, and taps
professional advice and expertise beyond its own membership.
b) It has explicit policies regarding the recruitment, training, appraisal and
reward of staff and volunteers, and it actively implements these policies.
c) It actively recruits volunteers from all sections of the community,
including from vulnerable groups that it is trying to assist. It engages in
programmes that rely on volunteers as well as on financial inputs.
Financial Resources:
d) It finances its activities on a planned basis, covering the expenses of
administration and other core activities from its own, core resources.
e) It seeks to minimise dependence on foreign or government assistance
through active local fundraising combined with sound financial
management.
f) It carries out local fundraising on a systematic basis, seeking broad
support within the population.
g) It diversifies its sources of funding in order to protect its independence
and reduce risks while ensuring high ethical standards and avoiding
support from sources and on conditions that are inconsistent with its
mission.
h) It keeps administrative and other overhead costs under control to ensure
that as many of its resources as possible are used to improve the situation
of the most vulnerable.
Material Resources:
i) It has available the basic material infrastructure (buildings, transport and
other means) adequate for its purposes, consistent with its desired public
image and sustainable in terms of operation and maintenance.

2.3 Organisation
a) A well-functioning Society has the structures, systems and procedures in
place that allow it to fulfil its mission.
b) Its organisation is flexible, prepared to respond immediately to disasters.
c) It has a headquarters which gives leadership and support to local units.
796 SECTION III

d) It has a up-to-date, comprehensive development plan that brings together


its mission, its specific objectives, its relief and development programmes,
and its financing.
e) It has a sound system of financial management, budgeting, accounting
and external, independent auditing, with clear accountability for the use
of funds.
f) It works closely with other organisations national and international,
public and private taking into account what others are doing,
coordinating its activities with them, and sharing resources.
g) It actively supports the Federation, participating in its affairs,
implementing its policies, and assisting the Federation, the ICRC and the
other Societies to the limits of its abilities, including the sharing of
experiences, knowledge and expertise.
3. Performance
3.1 Activities
a) A well-functioning Society carries out a set of activities that is well
selected, planned and evaluated.
b) It ensures that activities are consistent with its mission and with its
desired public image, thus enhancing public confidence.
c) It adheres to relevant Federation policies, including the Principles and
Rules for Disaster Relief and for Development Cooperation, and other
policy decisions of the General Assembly, the Council of Delegates and
the International Conference.
d) It actively disseminates the Fundamental Principles and humanitarian
law. it cooperates with the government to ensure respect for international
humanitarian law and to protect the Red Cross and Red Crescent
emblem. While respecting the Principle of Neutrality, it is not indifferent
in the fact of situations that adversely affect the most vulnerable.
e) It is prepared to take prompt and effective action in response to disaster,
in accordance with its specific role in disaster relief; it is prepared in peace
time for its statutory tasks in case of armed conflict; it actively assists in
relief operations after natural disaster; and it selectively undertakes
development programmes aimed at strengthening the capacities of
vulnerable communities.
f) It implements a set of core programmes in line with regional
requirements as determined by respective regional conferences.
3.2 Relevance
a) A well-functioning Society concentrates its activities on the most
vulnerable, enhancing their capacity to help themselves.
b) It pursues the active participation of programme target groups in its
membership, in the decision-making process and in contributing to the
costs of services.
ORGANIZATION OF NATIONAL SOCIETIES 797

3.3 Effectiveness
a) A well-functioning Society monitors continuously whether its activities
have the desired effect and whether results are achieved efficiently, taking
prompt corrective action where needed and feeding the results back into
the planning process.
b) It enjoys a good reputation for the quality of its work, both amongst the
countrys leading opinion makers and the public at large. To help enhance
its public image, it keeps the press well informed about its activities.
c) It prepares regular progress reports and keeps the Federation, its
members, its donors and the public at large regularly informed about its
activities, finances and achievements.
d) It regularly evaluates and assesses the quality and impact of its activities
and makes adjustments where needed.
798 SECTION III

IV

STRATEGY 2010

To improve the lives of vulnerable people


by mobilizing the power of humanity

(adopted by the General Assembly of the International Federation of


Red Cross and Red Crescent Societites, October 1999)

1. Strategy outline
Strategy 2010 draws on the experience and lessons of the
Nineties, an analysis of trends in the external environment and
extensive consultation within the International Federation and
externally. It defines a reviewed mission statement:
to improve the lives of vulnerable people
by mobilizing the power of humanity
[...]

PART ONE PROCESS AND CONTEXT


Strategy 2010 is based on an assessment of how far the
International Federation has come in the past decade, together with
a reflection on how the world may evolve. In 1998, the evolution of
the International Federation and the usefulness of its Strategic Work
Plan for the Nineties were evaluated as a first step towards building
its strategy for the future. Documents were reviewed, questionnaires
received from the Red Cross/Red Crescent worldwide were
analysed, and more than 250 people from within the Red Cross/Red
Crescent and peer organizations were interviewed. Direct
participation continued throughout the strategy-building process:
Strategy 2010 became an agenda item at all statutory meetings in
1998 and 1999; discussion groups were organized; a special e-mail
address was opened for comments; and two draft strategy papers
were sent to all National Societies for their comments and feedback.
An evaluation report Learning from the Nineties and a collection
of reflection papers were produced and have supported the process
of constructing Strategy 2010.
2. Learning from the Nineties/current capacity
The evaluations conclusions highlight the global network of
volunteer-based national organizations as the main comparative
ORGANIZATION OF NATIONAL SOCIETIES 799

advantage the International Federation should build upon. Another


advantage is the mandate, values, emblem, history and
reputation it shares with other components of the Movement.
Through its network of National Societies, the International
Federation reached more vulnerable people in the 1990s than in
the 1980s, but this was achieved by spreading the services it
provided wider and thinner. Interviewees spoke of their serious
concern that lack of focus was undermining the organization.
The evaluation showed that the International Federation was
successful in responding to the prolonged humanitarian crises it
had to face during the 1990s and that, in many cases, it managed to
build National Societies capacities through relief operations.
Although, throughout the decade, policies and tools were developed
to build sustainable local capacities as this became more of a
priority, many felt that it did not greatly influence the organizations
predominant relief culture and structures and had little impact.
Other major problems for the International Federation during
the 1990s included: difficulties in recruiting and retaining
volunteers and a significant decrease in their numbers; limited
share of government funding for
development; and global fund-raising Lessons learned from the
activities not yielding the expected Nineties
results. Resource mobilization at the
Vulnerability useful, but needed
national and international level was
regarded as the leading mistake/missed better definition
opportunity of the decade. Work undermined by lack of

While the International Federations focus


external relations and communications Capacity building did not have
improved significantly, they still had a long desired impact
way to go, particularly in helping National Missed opportunity to mobilize
Societies in their relations with govern- volunteers/resources
ments and other organizations. The
Positive but limited advocacy
International Federation needed to define
better what it meant by advocacy and how initiatives
to put it into practice, both at the national Should have further promoted
and international levels. Peer organiza- working as federation
tions were very positive about the External relations and
International Federations advocacy initia- communications improved, but
tives but lamented that it did not take a not enough
more active role. During much of the
1990s, the too-often competitive relation- Negative impact of competition

ship with the ICRC had a very negative between ICRC/International


impact on the Movement. The new agree- Federation
ment reached at the 1997 Council of
800 SECTION III

Delegates in Seville offered hope and an opportunity for the greater


cooperation that interviewees wanted to see.
Progress was made, but much more needed to be done, to
develop the working as a federation concept and to ensure that
policy decisions reflect the context and reality of National Societies.
Many of the changes in the International Federation identified
in the evaluation reflected partial, and in some cases significant,
realization of the challenge and goals of the Strategic Work Plan for
the Nineties which was seen, overall, as having provided a useful
planning framework, concepts and a common language that
contributed to International Federation development.

3. Trends and uncertainties in the external context


In a constantly evolving world, it is impossible to know what the
future will hold. But this strategy must consider what sort of world
the International Federation will be part of in the next ten years.
Although certain external forces that will impact the lives of
vulnerable people and Red Cross/Red Crescent work can be
identified, how they will evolve is unpredictable.
A more integrated and interdependent world, with fewer
barriers to the movement of ideas, people, capital and goods, is
likely to be the result of globalization. This will bring opportunities
(trade, information, science, private investment in emerging
markets, etc.), but also threats (financial instability, vulnerability to
short-term capital movements, spread of infectious diseases, etc.).
Current developments are likely to have overall positive effects on
human development but may exacerbate economic inequity. In
1960, the population of the worlds richest countries (20 per cent of
the global total) had 30 times the income of the poorest 20 per cent;
by 1995 this had risen to 82 times the income. The gap between the
haves and the have-nots will widen both within and between
countries, as globalization leaves some of the worlds poorest
behind. The needs of the have-nots and mobilizing the haves are
basic Red Cross/Red Crescent concerns.
In all probability, nations will group together in regional blocks
and global transnational corporations will have significant
influence. It seems likely that national governments will lose some of
their autonomy with authority being devolved both upwards to
supranational bodies and treaties, and downwards to local
authorities and that the balance of power between states and
other elements of society will continue to shift, with governments
less involved in service delivery and a new emphasis on market
answers and on citizens finding their own solutions. In this context,
ORGANIZATION OF NATIONAL SOCIETIES 801

both governments and the private sector are seeking new


partnerships with an increasingly competitive voluntary sector that
can effectively deliver services to the community. The retreat of the
state from service delivery and the encouragement of local
participation and active citizenship implies a shift of responsibility
in service delivery from paid employees to informal carers.
Urbanization will increase. It will benefit many, but also bring a
rise in the numbers of people living in overcrowded slums and illegal
squatter settlements lacking virtually all services. Numbers of
internally displaced people and refugees will probably increase,
too. Migration, both within and between countries, especially south-
to-north movements by young people, is expected to increase
significantly. In many parts of the world, a rapidly ageing
population will look for support from relatively fewer young people,
putting pressure on health care and pension systems where they exist.
Insufficient national and global efforts to combat
environmental degradation may lead to more frequent and severe
disasters with an ever-greater impact on society. Increased coastal
and river flooding will affect more and more people, whereas access
to water will decline, contributing to the spread of disease.
Many lives will continue to be lost in developing countries due to
infectious diseases, such as diarrhoea, acute respiratory infections
and measles, and their interaction with poverty and malnutrition.
New and re-emerging epidemics (e.g., malaria, tuberculosis and
HIV/AIDS) threaten not only peoples health but also achievements
in human development. Non-transmissible diseases related to
unhealthy lifestyles will cause more disease and deaths if current
trends are not reversed.
An essential dimension of development, human security involves
protecting people from threats, such as disasters, hunger and disease,
and sudden, harmful disruption in their daily lives. In poor and rich
nations alike, human life is increasingly threatened by accidents and
violence. Industrial and traffic accidents are amongst the top three
killers of people aged 15 to 30 in most countries.
These trends may well lead to more frequent recourse to
violence, made the more deadly by the vast numbers of powerful
small arms on the market. With the combination of weaker states
and a growth of violent non-state actors, the Geneva Conventions
and the principles of impartiality and neutrality may become less
well understood and harder to apply, whilst ensuring respect for the
Red Cross/Red Crescent emblem will be a major challenge. Religion
and changing values will be powerful forces shaping the context of
Red Cross/Red Crescent action.
802 SECTION III

The emerging development theory places emphasis on market-


oriented policies that enhance growth with job-creation,
strengthening local institutions and providing important public
services that cannot be well and equitably supplied by private
markets. With growing evidence of the impact and importance of
local institutions on development, capacity building is increasingly
vital as a key goal of development cooperation.

4. From analysis to action


The review of external factors has identified trends and issues
that may evolve in ways that are difficult to predict many may have
been missed and others that are not yet apparent will emerge. The
International Federation needs to continue to monitor this
environment and be adaptable. However, it also needs a shared view
of the future on which to base its strategy.
The analysis of the humanitarian environment provides a clear
basis on which to define priorities for International Federation
action. A world with increasing tension and recourse to violence,
where the need for humanitarian assistance generated by disasters
and economic crises is expected to increase, where governments
leave service delivery to market forces and an increasingly
competitive voluntary sector: This is a world of opportunity and
risk for Red Cross/Red Crescent Societies.
The International Federation is a network of National Red
Cross/Red Crescent Societies with a local presence in almost

Mapping the strategy


Mission Added value
to stakeholders

YOU ARE HERE


Strategic directions
Communicating
and implementing
Context: Expected results
Learning from
the Nineties
and assessment
of external context

every country, over 100 million volunteers, a set of principles that


allow it to act across a spetrum of political and social environments
plus an unparalleled legal base and respected emblems. These
ORGANIZATION OF NATIONAL SOCIETIES 803

unique characteristics allow the International Federation to work in


a way and reach objectives that others cannot. Strategy 2010
determines how these comparative advantages can be exploited to
improve the lives of vulnerable people.

PART TWO MISSION, STRATEGIC DIRECTIONS AND EXPECTED RESULTS


5. The International Federations mission
Whether people live in huge cities or isolated villages, whatever
language they speak, they all want to have the best for their children
and families and to live in peace and harmony, with economic and
physical security, personal dignity and in a supportive community.
But at the turn of the millennium, too many people are at risk from
situations that threaten their capacity to live with a minimum of
socio-economic security and human dignity they are vulnerable.
Through its unique federation of National Societies and volunteers,
the International Federation works
to improve the lives of vulnerable people
by mobilizing the power of humanity.
The International Federation is part of the International Red
Cross and Red Crescent Movement, whose purpose is embodied in
its Constitution and the principle of humanity: to prevent and
alleviate human suffering wherever it may be found, to protect life
and health and ensure respect for the human being. The first part of
the mission statement, to improve the lives of vulnerable
people, captures these objectives while adding a dimension of
capacity building, sustainability and dignity.
The International Federation works through mobilizing the
power of humanity to provide support and solidarity. National
Societies are open to all individuals, who can find in the Red
Cross/Red Crescent a space in which to come together to exercise
their responsibility to assist others and find solutions to community
problems. The mobilization of beneficiaries, volunteers and donors
is the manifestation of that responsibility. By working in this way
mobilizing the power of humanity the Red Cross/Red Crescent
empowers people, promotes cooperation and lasting peace.
Aims that are worth working for!
6. Improving the lives of vulnerable people
Vulnerable people are, for the International Federation, those at
risk from situations that threaten their survival or their capacity to
live with a minimum of socio-economic security and human dignity.
804 SECTION III

Vulnerability is a relative and dynamic concept. It relates to an


individuals or a communitys capacity to cope with specific threats
at a certain point in time. Vulnerability can be associated with
elements of poverty, but it is also about people being isolated,
insecure and without defence in the face of risk, shocks and stress.
In its endeavours to improve the lives of individuals, the Red
Cross/Red Crescent gives priority to the most urgent cases of
distress the most vulnerable.
The Learning from the Nineties evaluation report showed the
difficulties encountered in making the concept of vulnerability
operational. The work of the Red Cross/Red Crescent and its
approach to reducing vulnerability and building capacity can be
better understood by dividing it in three different categories:
preventing suffering by helping people prepare for and
avoid exposure to situations that can increase their
vulnerability;
assisting people who suffer a dramatic increase in their
vulnerability due to a sudden disaster or crisis; and
alleviating suffering by reducing vulnerability and
improving the capacity of people who live constantly in
situations where their socio-economic security and their
dignity are threatened; situations that have been referred to
as structural vulnerability.
Each of these categories requires a different approach, but all of
them will benefit from programmes that are better anchored in
local realities and more focused on where the Red Cross/Red
Crescent can add greater value.
6.1 Being responsive to local vulnerability and capacity
Develop The challenge of reducing vulnerability and enhancing capacity
intimate requires an intimate knowledge and understanding of the local
knowledge of
local reality reality. It is this awareness that enables sensitive and responsive
programmes to be developed. The network of National Societies
and their local structures provides a channel through which to
tackle this challenge. To make National Society programmes more
responsive, three specific steps are highlighted:
Work with the capacities, skills and resources of vulnerable
people, empowering them to take charge of their lives.
Use and continue to develop the tools and abilities to
understand vulnerability and to identify local capacities.
Recognize that men and women will often play different
roles in the home, the community and society, and develop
sensitive programmes that acknowledge their specific
ORGANIZATION OF NATIONAL SOCIETIES 805

vulnerability and capacity, set in the broader context


of ethnicity, race and religion.
The potential impact of different programmes and the Consider
comparative advantages of the Red Cross/Red Crescent potential
impact and
provide the basis on which to decide what to focus on. Because Red Cross/
vulnerability is changing, this has to be done on a regular Red Crescent
basis. Throughout the process of identifying local comparative
vulnerabilities and capacities, an extremely broad range of advantages
activities and potential programmes will be identified.
However, the Red Cross/Red Crescents intellectual, human
and financial capacity must not be spread too thinly. It should
also be recognized that other organizations might be more
effective in some specific areas. As discussed in the following
section, agreed core areas should form the backbone of
programming efforts and provide a basis on which to scale
up programmes from the local to national and international
levels but local analysis of vulnerability and National
Societies comparative advantages might lead to additional
programme areas which vary from country to country.

6.2 Focusing on core areas


The diversity of National Society activities will have to be
maintained to a large extent as it reflects how much vulnerability
varies from one place to another. There are, however, a number of
broad core areas where not only most National Societies have
developed expertise but also where the need for Red Cross/Red
Crescent action will increase in all regions during the next decade.
Core areas are common denominators where individual
National Societies can make the most of being part of the
International Federation; they provide opportunities to work with
and learn from each other. Core areas will constitute the backbone
on which the International Federation will build its collective exper-
tise and reputation. All National Societies are expected to develop
and contribute to these areas and can count on advice and support
from the International Federation.
As illustrated in the diagram, core areas define the actions the Focus
Red Cross/Red Crescent will focus on together as a priority; this programmes
on core areas
focus does not prevent National Societies from carrying out
activities in other areas that they consider necessary.
The core areas are:
promotion of the Movements Fundamental Principles
and humanitarian values;
disaster response;
806 SECTION III

disaster preparedness; and


health and care in the community.

These core areas are an integral and interlinked package,


which offers an opportunity to focus collective efforts on a narrower
range of activities. They have two dimensions: service delivery and
advocacy.
Define The International Federation will focus on building capacity in
quality the four core areas, which will result in better quality services and
criteria and
build support, and clearer advocacy positions. It will also facilitate the
capacity in establishment of partnership agreements between individual
core areas National Societies and national partners as well as between the
International Federation and international organizations. Policy
decisions will develop quality criteria for each of the core areas. A
federation-wide evaluation system that includes self-evaluation and
Establish
evaluation peer review will be established to measure progress in all core areas
system and incorporate learning into future programme development.
The definition of the International Federations core areas helps
outline the major focus of the Secretariat, i.e., to support and build
National Society capacity in these four core areas, facilitate
cooperation between member societies and, at the same time, be ca-
pable of coordinating/directing international support for disaster
response programmes.

Strategic direction:
National Society programmes are responsive to local vulnerability and focused
on the areas where they can have greatest impact.
The collective focus will be on promoting the Movements Fundamental
Principles and humanitarian values, disaster response, disaster preparedness,
and health and care in the community.

6.3 Focusing within core areas


6.3.1 Promotion of the Movements Fundamental Principles and
humanitarian values
In a world with increasing isolation, tension and recourse to
violence, the Red Cross/Red Crescent must champion the
individual and community values which encourage respect for
other human beings and a willingness to work together to find
solutions to community problems. The International Federation is
in a unique position to help bring this about through its mandate,
its Fundamental Principles and the esteem in which its emblems are
held. Action in this area will be closely coordinated with the ICRC.
ORGANIZATION OF NATIONAL SOCIETIES 807

The purpose of this core area is not simply to ensure that people
staff or volunteers, public or private authorities, or the community
in general know of these principles and values, but to influence
their behaviour.
Main priorities will be:
Developing an understanding of the Fundamental Develop
Principles internally under-
standing of
New initiatives will be developed to ensure that Red Cross/Red Fundamental
Crescent volunteers and staff understand and act on the basis of Principles as
a basis for
the Fundamental Principles in their work with vulnerable action
people in times of peace, disaster or armed conflict.
Raising awareness of public and private authorities
This will involve initiatives to ensure that authorities understand
the role of National Societies and the Movement, value and
protect their independence and emblem, use their capacity and
facilitate their access in peaceful and violent situations.
Influencing behaviour in the community
The Fundamental Principles as a whole need to be understood
and acted upon by the Red Cross/Red Crescent itself. However,
in relation to external promotion, not all of the Fundamental
Principles are of equal relevance. Some are indeed statements of
values that the Red Cross/Red Crescent seeks to promote
externally (for example, respect for the human being in the
principle of humanity); others are more related to internal
organization (for example, the principle of universality).
Analysing the Fundamental Principles themselves, and the
decisions of the International Federations General Assembly
and the International Conference, the following are the values
that the Movement has formally stated it believes to be of
importance for external promotion:
the protection of life, health and human dignity;

respect for the human being;

non-discrimination on the basis of nationality, race, gender,


religious beliefs, class or political opinions;
mutual understanding, friendship, cooperation and lasting
peace amongst all people; and
service by volunteers.

National Societies have traditionally worked to spread


knowledge of the Fundamental Principles and international
humanitarian law, and this must continue to be a priority for all
808 SECTION III

Develop components of the Movement. Some are already engaged in


programmes programmes to promote the above-mentioned values to influence
to oppose
discrimination behaviour in the community. These programmes involve
and promote initiatives to oppose discrimination (for example, against asylum
a culture of seekers, immigrants, people affected by HIV/AIDS and the
non-violence disabled); to stop violence and to build a culture of non-violence in
the resolution of differences in the community. The analysis
outlined above and the experience of National Societies will be used
to develop new initiatives and programmes to be implemented by
National Societies with International Federation support.
The promotion of these same values also provides an element of
the basis for new and strengthened relations with the business
community, increasingly concerned about defining and responding
to its social responsibilities.

6.3.2 Disaster response


Despite efforts to mitigate the risk of natural and man-made
events, the frequency and impact of disasters are expected to
increase worldwide. Disasters disproportionately affect the poor:
over 90 per cent of the total of disaster-related deaths occur in
developing countries; and the economic losses they cause represent
a percentage of their gross national product estimated to be 20
times greater than in industrial countries. Instability and armed
conflict will continue to generate human displacement. To be most
effective, the Red Cross/Red Crescent must capitalize upon the
advantages of being a national organization on the spot before,
during and after a disaster with an international network by:
Mobilizing the network to respond
All year round, National Societies meet the basic needs of
victims of small-scale, local disasters and provide the crucial,
immediate response in high-profile, massive disasters.When the
disaster surpasses national capabilities, they can call on the
international network to scale up response and mobilize support
from the international community.
Improve speed Improving the speed and effectiveness of coordination
and coordina- mechanisms
tion of
international Recent experience has highlighted the importance and the
support difficulty of balancing the need for coordination (emphasized in
the Principles and Rules for Disaster Relief and the Seville
Agreement) with that of speed of response and of visibility in the
donor community. Based on an evaluation of this experience,
current response mechanisms will be assessed and developed.
ORGANIZATION OF NATIONAL SOCIETIES 809

Building capacity through relief


Disaster response projects should work with the capacities of
disaster survivors, empowering them to retake charge of their
lives and strengthening local institutions. One of the objectives
of international relief operations supported by the International
Federation will always be the building of member societies
capacities to respond.
Rehabilitating and reconstructing Review
approach to
A much more systematic approach to rehabilitation and rehabilitation
reconstruction must be adopted, taking advantage of National and recon-
Society presence in the countries concerned. struction

Setting and working towards improved standards Work on


quality and
Work on quality and standards in disaster response must standards
continue, building on the Code of Conduct and the current work
under way in the Sphere Project. The International Federation
will also continue its advocacy efforts through the World
Disasters Report and related activities.

6.3.3 Disaster preparedness


National and local disaster plans should describe the roles and
responsibilities of National Societies as auxiliaries of their
governments. National Societies will play a role in recognizing the
local coping and mitigation strategies of the populations that are
most at risk and help them to find appropriate and sustainable
solutions in preparation for future disasters. Strategy 2010 identifies
four priorities to achieve greater impact in disaster preparedness:
Strengthen disaster preparedness planning Monitor and
act on chang-
Risk, vulnerability and capacity assessments are instrumental to ing patterns
improve understanding of human vulnerability to disasters and of risk
incorporate the learning into preparedness planning. The
vulnerability of populations living in disaster-prone areas and of
those affected by socio-economic downturns is likely to
increase. The International Federation must invest in improving
capacities to monitor and act upon the changing patterns of risk
and vulnerability. Coordination with ICRC to support National
Society preparedness for armed conflict situations will be
enhanced.
Build effective disaster response mechanisms
Critical to effective disaster response is well-defined response
plans at all levels that define core responsibilities of all key
players (government, National Societies and non-governmental
810 SECTION III

organizations). National Societies can contribute to this through


strong advocacy for disaster response planning and
development of the appropriate operational mechanisms. At the
community level, local branches can help establish plans based
on participatory assessments of individual risk profiles and
existing resources. National Societies can also encourage setting
up community emergency committees in charge of planning,
guiding and coordinating response and preparedness activities.
The Red Cross/Red Crescent must also ensure that its own
disaster response systems can continue to operate effectively
after disaster strikes. As mentioned in the disaster response
section, the International Federations capacity to scale up when
a disaster surpasses national capabilities is one of its
comparative advantages; however, this requires investing in
global preparedness.
Raise Raise community awareness and public education
community
awareness Greater awareness of hazards and vulnerabilities in high-risk
and support communities as well as knowledge of basic coping strategies can
coping minimize the loss of life and property. National Societies will be
strategies
more proactive in raising public awareness of potential risks and
means to mitigate or reduce disaster effects through risk
management. In addition, the Red Cross/Red Crescent can
contribute to ensuring that the knowledge from early
warning systems can be accessed, understood and acted upon by
local communities. Through their local branch network and
activities addressing everyday community needs, the Red
Cross/Red Crescent can play a crucial complementary role in
this respect.
Review expe- Disaster mitigation and reduction
rience in
disaster Activities aimed at disaster mitigation and reduction represent a
mitigation great challenge; they require a strong capacity at the local level
and need to be part of an overall development strategy. A
number of National Societies are already active in different
mitigation activities linking health, water/sanitation and the
environment. Collective experience in this area should be
reviewed to identify basic requirements and critical steps to
engage in disaster reduction at the local level.

6.3.4 Health and care in the community


Ultimately, it is the role of the government to ensure that its
health and social welfare systems, however structured, are capable
of meeting the needs of its population, and particularly the most
vulnerable. Strategy 2010 identifies priorities through which the
ORGANIZATION OF NATIONAL SOCIETIES 811

Red Cross/Red Crescents complementary role and its impact on


community health and well-being can be maximized:
Volunteers, family members, partners and friends are major Support
providers of practical and emotional support to vulnerable volunteers
and people
people in the community. The retreat of the state from active providing
service delivery, the breakdown of social safety nets and an informal
ageing population all add to the workload these volunteers and care in the
informal care providers will be confronting in the future. The community
Red Cross/Red Crescent, integrated in the community and
through its large volunteer network, provides care and supports
other informal care providers at the community level,
contributing to bridge the gap between formal service delivery
and households. Documenting, systematizing and developing
National Societies experience in this area is crucial.
Although National Societies are acknowledged as world leaders Exploit first
in the provision of first-aid services and training, they must aid as an
entry point
better recognize and exploit the entry-point opportunities that
first-aid activities offer to reduce individual and community
vulnerability to disease, accident, trauma and violence.
When the formal health system is unable to reach certain areas or Expand
groups of people or when it suddenly collapses due to a disaster, health
support
National Societies will take, on a temporary basis, a more in crisis
comprehensive approach to health care while advocating and
supporting coverage by the formal systems. Red Cross/Red
Crescent focus in these situations will include health education
and community-based programmes aimed at preventing and
controlling communicable diseases, diarrhoeal diseases, acute
respiratory infections and other causes of child mortality,
reproductive health, nutrition and environmental health.
The Red Cross/Red Crescent network provides a unique
opportunity to connect the international and the local
health communities, channelling concerns, information, etc.,
from one to the other and becoming a catalyst through which
new objectives can be reached.
7. Mobilizing the power of humanity
What makes the International Federation distinct is its network
and how it does things. Many organizations work in one or another
of the core areas, but only the International Federation works
through a global network of national organizations and a guiding
set of principles, with a legal base and emblems that allow it to
deliver services more effectively and build social fabric,
strengthening civil society in the process.
812 SECTION III

A strong National Society presence and a volunteer network in


every country enables the Red Cross/Red Crescent to work with local
communities defining needs and developing solutions from within,
and thus to build capacity and reduce vulnerability. Universal
membership and the ability to work as a federation allow it to
leverage capacities worldwide and bring about long-lasting
cooperation.A strong capacity to influence decision-makers emerges
from the mandate, the services delivered and the recognition that the
Red Cross/Red Crescent enjoys, allowing it to mobilize support for
humanitarian objectives in a way that others cannot.
7.1 Well-functioning National Societies
Local institutions are a central challenge for development.
Evidence is growing of their impact on development (and
humanitarian) outcomes. Capacity building is becoming an
essential element of the new approaches to development
cooperation. The International Federation needs to better exploit its
privileged position in relation to both the humanitarian and the
development communities.
Strengthen The Red Cross/Red Crescent contributes through its actions to
capacity- different aspects of basic human rights. But rights also imply
building
culture responsibilities. The Fundamental Principles of the Red Cross/Red
Crescent emphasize the responsibility of the individual in assisting
others. Volunteering is a manifestation of that responsibility. Through
its distinctive way of working, the Red Cross/Red Crescent makes a
contribution that goes beyond its direct service delivery and advocacy.
With volunteers who are part of the community, it provides a space
where people can come together to achieve solutions to community
problems. This can lead to a richer social fabric and has a direct effect
on building civil society and community development. Moreover,
as part of a global federation of national organizations, the Red
Cross/Red Crescent allows individuals and communities to be linked
and contribute directly to building a more humane society.
The International Federation defines capacity building of
National Societies as continuously developing the capability of its
members to improve the lives of vulnerable people; it is about
strengthening National Societies (headquarters, branches and local
structures) to work effectively in all core areas. Capacity building
requires a long-term perspective and commitment which is not
yet fully integrated into the overall Red Cross/Red Crescent culture,
still heavily shaped by its emergency-response dimension.
The following issues will be prioritized:
A well-functioning and committed governance is at the heart of
building National Society capacity. International Federation
ORGANIZATION OF NATIONAL SOCIETIES 813

governance, peer societies and the Secretariat have an important Establish new
support and monitoring role in the process of achieving the mechanisms
to avoid
characteristics of a well-functioning National Society. integrity
Integrity problems in one society have an impact on the whole problems
Red Cross/Red Crescent Movement. New mechanisms will be
established to ensure that governance, supported by the
Secretariat, provide active monitoring and timely support in
these situations; coordination with the ICRC, while important
for all capacity-building efforts, is particularly relevant here.
In many countries, parts of the population are extremely under- Improve
represented in the National Society. Achieving a good balance is representation
in decision-
important not only because of fairness, equality and to ensure making bodies
lack of discrimination, but also to guarantee that all actions have
the greatest possible impact. The International Federation collec-
tively must show a measured improvement in the way that deci-
sion-making positions reflect the make-up of the population,
particularly a better gender, youth and ethnic representation.
The diverse global network of people is a valuable asset of the Adjust to
Red Cross/Red Crescent; volunteers are responsible for much new forms of
volunteering
local service delivery and play an important part in strengthening
civil society. The recruitment, training and, especially, retention of
volunteers are issues of particular importance that National
Societies must address. The Red Cross/Red Crescent can be a
home to all who wish to participate in voluntary activity and it is,
therefore, important that Red Cross/Red Crescent action is
inclusive and open to all people within the community. The
International Federation will find ways of encouraging
volunteers engagement in addition to the traditional membership
model. An organizations members determine its competence and
knowledge levels; expanding leadership development schemes for
both governance and employees will be a priority.
Financial resource mobilization was the leading mistake/missed Access
opportunity of the 1990s and a leading challenge for the next governments
development
decade, according to many people interviewed during the Learning envelope
from the Nineties evaluation. To remedy this, improved programme
design, evaluation, reporting and resource development plans will
all help to diversify and develop funding. To achieve the capacity-
building objectives set out in this strategy, the Red Cross/Red
Crescent must develop longer-term bilateral and multilateral
partnerships and access more stable funding from governments
humanitarian and development allocations. A strategic investment
for the future is developing relations with the national private
sector and, working together, with the global corporate sector.
814 SECTION III

Responsible financial management and accountability are key to


achieving and sustaining a growing, less volatile funding base.
Support com- Communications must be seen as a key element of capacity
munications building, and the need for an integrated approach to promote
as an integral
part of Red Cross/Red Crescent actions and values in a competitive and
capacity professional way recognized. Integrating communications in the
building structure of National Societies, increasing skills and knowledge,
and developing coherent and long-term communications
strategies must be aims of the global capacity-building effort.

Strategic direction
Well-functioning National Societies that can mobilize support and carry out their
humanitarian mission, contributing to the building of civil society.

7.2 Working together effectively


Strong National Societies are a first step towards creating a
strong federation. However, to use its collective resources effectively
and efficiently, the International Federations members must
commit to working as a federation and the following priorities will
help achieve this:
Programme cooperation
Information sharing and knowledge development have
enormous possibilities, particularly now that the technology to
share experience quickly and economically exists. Improved
programme cooperation will result from:
Develop further development of subregional cooperation, pooling
subregional expertise amongst National Societies in the subregion and
cooperation
offering forums for joint problem-solving; regional
conferences are another important dimension to this learning;
developing, committing support and implementing result-
oriented cooperation strategies that provide the framework
for well-developed humanitarian and capacity-building
cooperation programmes. This will require that the
International Federations Secretariat and delegations work as
architects of cooperation and move beyond a competitive
focus on the relative merits of bilateral versus multilateral aid;
better linking National Societies experience in domestic
programmes with that gained at the international
level, especially in activities related to the core areas. This
could become a comparative advantage of the Red
Cross/Red Crescent; and
ORGANIZATION OF NATIONAL SOCIETIES 815

generating a new dynamic that encourages and supports


new donors wishing to contribute ideas, people and money.
Developing and implementing a common strategy for the Develop
Movement strategy
for the
The Learning from the Nineties evaluation report identified Movement
the Seville Agreement as providing an opportunity to move
towards the type of relationship that should be the norm.
The International Federation will take steps towards its
implementation as well as developing and implementing with
the ICRC a common strategy for the Movement. The scope of
this cannot be predetermined; at the least, it will ensure better
coordination at all levels, it should explore shared environmen-
tal analysis, services, infrastructure, etc., and include rethinking
roles and responsibilities of both organizations, and it could lead
to a better-integrated organization of the Movement.
Long-term partnerships and funding
The International Federation is under great pressure to improve
the efficiency and effectiveness of this sector; coordination and
partnerships will, therefore, remain an area where donors and
recipients alike look for improvements, such as:
at the national level, National Societies focusing on better
and more consistent bilateral contacts with governments
while also considering alliances with universities, media and
other civil society institutions;
making the most of opportunities offered by the International Build part-
Conference and developing closer multilateral partnerships nerships
with interna-
between the International Federation and the United Nations, tional organ-
World Bank and regional development banks, which will izations
require more selective and sustained external relations efforts
with greater National Society support; and
further exploring ethical relationships with both national
and international business communities.
Mobilizing people and influencing decision-makers Set targets
for advocacy
As much can be achieved through mobilizing people and initiatives
influencing decision-makers whether through private face-to-
face advocacy or public campaigns as through delivering
services. To improve this ability, the International Federation
will create a portfolio for Red Cross/Red Crescent humanitarian
diplomacy and advocacy initiatives, both private and public,
with easily understandable targets based on the core areas, time-
frames and a monitoring framework. Coordination with the
ICRC is particularly important in this area.
816 SECTION III

Communicating the International Federations message


and identity
A sharper identity and communications capacity are vital to
project the work of the International Federation. This requires a
review of current use of its name and visual image combined
with annual global promotions, campaigns and projects that can
benefit from the millennium year experience.

Strategic direction:
The Red Cross/Red Crescent and its supporters work together effectively, through
programme cooperation, long-term partnerships and funding, as well as more
active advocacy.

8. Summary of expected results


The evaluation Learning from the Nineties showed the
difficulties encountered in measuring the implementation of the
Strategic Work Plan. Identifying a limited set of results that allows
monitoring strategic change at both national and global level is
quite a challenge. Strategy 2010 defines a set of measurable expected
results that highlight some of the changes implied in the strategic
directions and provides a framework to help measure progress:
A first set of expected results looks at measuring progress in the
programme and capacity-building areas. It includes reviewing
programmes, adopting quality criteria for the core areas and
developing a federation-wide evaluation system that monitors
progress in these areas and in capacity building. While these
systems will be based largely on a self-evaluation and peer-
review approach, their development requires support and new
mechanisms from the International Federations governance
and Secretariat.
A second group relates to National Societies improving their
financial and human-resource base; it focuses on developing
different models of volunteer engagement and evolving
decision-making bodies to have a better gender, youth and
ethnic representation. It will also measure the diversity and
stability of financial sources. These results will also apply to, and
be monitored in,the International Federations Secretariat.
A third expected result is included to monitor the impact of
increased advocacy efforts.
ORGANIZATION OF NATIONAL SOCIETIES 817

A fourth set attempts to measure progress in the way the Measure


International Federation as a whole works together, particularly progress
at national
the development of cooperation strategies leading to long-term and interna-
partnerships. It also monitors the extent to which National tional levels
Societies contribute internationally to development cooperation.
Strategic directions and expected results are summarized in the
table below. As the International Federation gains experience in
measuring and compiling information on strategic changes, these
sets of expected results will require further development and the
definition of indicators and time-bound milestones.

Strategic directions Expected results

Responsive and focused National Society programmes are established /continued/


National Society programmes discontinued on the basis of local vulnerability, potential
are responsive to local impact, the capacity of other institutions and Red Cross/
vulnerability and focused on Red Crescent comparative advantages.
the areas where they can add Quality criteria are adopted for service delivery and
greatest value. The collective advocacy in each of the core areas through policy decisions
focus will be on promoting the at national and international levels.
Movements Fundamental
Principles and humanitarian A federation-wide evaluation system shows measurable
values, disaster preparedness, progress in all core areas and in the process of achieving
disaster response, and health the characteristics of a well-functioning National Society.
and care in the community.
National Societies work with different models of volunteer
engagement. Decision-making bodies better reflect the
make-up of the population, particularly better gender,
Well-functioning ethnic and youth representation.
National Societies
Well-functioning National National Societies have a more diversified and sustainable
Societies which can mobilize financial resource base.
support and carry out their The Red Cross/Red Crescent mobilizes people and
humanitarian mission, influences decisions through active advocacy on the basis
contributing to the building of of core areas.
civil society.
A complete set of cooperation strategies, agreed upon
by all, frames well-developed humanitarian and capacity-
Working together building cooperation programmes.
effectively Increased availability of information and demonstration of
The Red Cross/Red Crescent sharing and learning from experience, (sub)regionally
and its supporters work and globally.
together effectively, through
programme cooperation, long- More National Societies contributing internationally on a
term partnerships and long-term basis to development cooperation.
funding, as well as more active All components develop together and implement a
advocacy. common strategy for the Movement.
818 SECTION III

PART THREE COMMUNICATING AND IMPLEMENTING


9. Making Strategy 2010 happen
Strategy 2010 has been developed to be the central guide for the
International Federation in the next ten years. However, putting an
idea on paper will not change the way an organization acts.
Strategy 2010 highlights priorities that will lead to responsive
and focused well-functioning National Societies working together
effectively. These priorities require that new mechanisms and
systems be put in place, that a shift towards longer-term
partnerships and funding be undertaken and, more broadly, that a
new capacity-building culture is developed alongside the strong
emergency-response culture that currently predominates. To make
Strategy 2010 happen, all members of the International Federation
need to be familiar with its contents, understand its implications
and be genuinely committed to:
Train staff Raising awareness of the existence and main strategic thrust of
and volunteers Strategy 2010 and building the commitment of the International
to understand
and dissemi- Federation to implement it is everyones responsibility, as is
nate keeping it central to the development of the International
Strategy 2010 Federation throughout the decade and ensuring that it is a living
message. An education programme that can reach into every
National Society and throughout the International Federation is
needed. This will involve producing training and dissemination
materials and including Strategy 2010 in induction and training
courses to ensure that National Society personnel and delegates,
whatever their discipline, clearly see the strategy as one of their
primary tools when working with National Societies.
Implementation. To be most effective, efforts must not only be
carefully planned, but also be mutually reinforcing. This
requires that Strategy 2010 becomes a shared framework for
planning at the different levels of the International Federation.
The following comments and figure show how different levels
of International Federation planning should link and
reinforce each other:
Develop syner- Strategy 2010 provides a starting point and a framework for
gy and align- the elaboration of National Society long-term strategic
ment between
the plans (national development plans). Guidelines have been
different levels produced to assist National Societies in adapting the global
of planning mission and strategy to national realities;
regional and country cooperation strategies, agreed upon
by all, will provide the framework for well-developed and
supported humanitarian and capacity-building cooperation
ORGANIZATION OF NATIONAL SOCIETIES 819

programmes, clearly linking them to the overall plan and


budget of the Secretariat;
the Secretariat plan and budget must present the
Secretariats contribution to Strategy 2010, linking Geneva
and the field together in a way that is accessible and under-
standable, both for member societies and implementing
partners; and
all planable programmes and projects requiring internation-
al assistance need to employ new marketing tools that pres-
ent in a clearly-linked but distinctive way the capacity-build-
ing and long-term humanitarian assistance elements of the
International Federations work. This will be complemented
by ad hoc emergency appeals.

10. Responsibilities
When the League became the International Federation, the Recognize
new name encompassed the collectivity of National Societies, and work on
possible orga-
International Federation governance and the Secretariat. nizational
In developing this strategy, and in the constitutional review change
process, the question of What kind of a federation do we want?
kept coming up. There are no simple answers: the International
Federation in its emergency-response role is very different from the
development organization which promotes cooperation between
National Societies. An explicit objective is to maintain and promote
that debate, to clarify what type of organization can best fulfil the
different roles National Societies have given to the International
Federation.
In the Constitution, National Societies define the range of
activities within which the International Federation operates. At
General Assemblies, common policies which guide both national
and international activities are agreed upon; specific tasks are
assigned to International Federation bodies, which are given the
authority to accomplish them. When it comes to implementing
Strategy 2010 or any other General Assembly policy decision, there
are two different dimensions:
The first is when a National Society acts individually, in its
national context. The National Society defines its objectives
based on local needs and capacities, the national legislative
framework, the resources it can mobilize, etc. However, in this
context, the National Society is still clearly a member of the
International Federation and must act within the policy
guidance agreed upon.
820 SECTION III

The second is when National Societies act collectively and/or


together with the Secretariat to achieve common objectives.
National Societies decide individually how and to what extent
they can contribute to these objectives and act collectively
within the policy guidance agreed through their participation in
the International Federation.
This Strategy 2010, like its predecessor the Strategic Work Plan
for the Nineties, provides a planning framework for International
Federation bodies and a sense of direction for National Societies
acting collectively and individually:
Strategy 2010 National Societies acting individually: responsible for
to guide developing and implementing individual long-term strategies
National
Society strate- within the Strategy 2010 framework. Many of the strategys
gic planning objectives will only be achieved through their committed,
hands-on work. Programmes that build on local capacities
and work with vulnerable people are a challenge to all, as is
developing (and excelling in) each of the core areas. Both
National Society governance and management have to ensure
that systems are put in place to ensure quality and make
progress towards the characteristics of a well-functioning
National Society. It should also be understood that if the
network is to continue to be a distinctive comparative
advantage, every volunteer and staff member is responsible for
strengthening it at home and abroad.
National Societies acting collectively: channelling support
that strengthens National Societies, contributing to building
capacity to deliver services in all core areas, strengthening the
network, committing to and working through agreed regional
and country cooperation strategies.
International International Federation governing bodies: leading the way,
Federation monitoring progress, guarding integrity. Strategy 2010 will
governance:
championing become the focus of all statutory bodies of the International
and Federation, with all commissions being responsible for
monitoring providing support to implementation and monitoring of
Strategy 2010 Strategy 2010 in their particular area of expertise.
International Federation Secretariat: responsible for
providing advice and guidance in core areas, coordinating and
directing international support for disaster programmes and
supporting National Society capacity building. It must
encourage solidarity amongst member societies and provide
frameworks for coordinated action. The International
Federations responsibilities vis--vis the international
ORGANIZATION OF NATIONAL SOCIETIES 821

community, communications, knowledge management and


global resource mobilization are areas in which it has to take the
lead on behalf of National Societies.

11. Funding Strategy 2010 : resource assumptions


The strength of the global economy has an influence on the Develop
resources available for National Societies and the International programme
quality, com-
Federation and on demands for their services. Although certain munications
events, such as disasters, require additional resources (which are and fund-
usually released), government allocations for social services and raising
official development assistance (ODA) declined in the second half capacity
of the 1990s. Programme quality, communications and fund-raising
capacity, and the way the organizations capital is used important
factors as they can be controlled will determine the resources
available for the implementation of this strategy.
The use of the organizations capital is an issue that has received Explore new
relatively little consideration in the past and which could raise some ways of using
Red Cross/
radical solutions for change. A number of National Societies are in a Red Crescent
situation of having significant property or other capital assets. With a capital
renewed focus on capacity building, nationally and internationally,
further work will be needed to asses how best to use existing capital
to support the development of the Red Cross/Red Crescent network.
At the beginning of the decade, it is assumed that resources will Increase
be available at approximately the current level. They will need, international
support to
however, to increase in the longer term; the focus on core areas capacity
should allow for greater programme effectiveness and funding building
partnerships, while the emphasis on building stronger National
Societies and on developing programming capacity should facilitate
access to government development funding and longer-term
relations. International mobilization of funding to support capacity
building must increase; it is the responsibility of the participating
National Societies to become increasingly successful at accessing
government funding for this type of work.
In its work to mobilize resources for International Federation
programmes, the Secretariat will be guided by the conclusions of
the revenue-generation policy review carried out by the Executive
Council, which defined the following priorities for resource
mobilization:
support National Societies and their governments;

identify and coordinate with National Societies potential


multinational fund-raising opportunities from regional and
international organizations; and
822 SECTION III

identify innovative ways of multinational fund-raising,


including the corporate sector.
Unlike its predecessor the Strategic Work Plan for the Nineties,
which only dealt with change objectives, Strategy 2010 will guide the
totality of the International Federations action. Thus, although
implementation of specific changes may require the mobilization of
new resources, the strategy will not have a separate budget line for
the implementation of its objectives, but will provide guidance for a
redistribution of current resource allocations, both at national and
international levels.

PART FOUR STRATEGY 2010S ADDED VALUE

The strategic directions and expected results defined in Strategy


2010 will bring a number of benefits to the International
Federation which can be summarized as follows:
National Societies working individually will benefit from
programmes that respond better to local vulnerability and
capacity and have a more stable resource base, stronger
communications/advocacy capacity, improved capacity to learn
from each other through federation-wide evaluation and
knowledge development systems.
National Societies working collectively will benefit from a
vision and planning framework that unifies, a better
environment for capacity-building activities, cooperation
strategies for better coordinated action, and longer-term
partnerships and funding.
Volunteers will enjoy increased opportunities for volunteering
and self-development and, through a sharper image of the
organization, will have a greater understanding of how they can
make a contribution. Decision-making positions will better
reflect the make-up of the population.
Strategy 2010 will also contribute to the development of the
Movement through:
an International Federation more active in the capacity-
building area;
stronger National Society partners;

clearly defined cooperation strategies; and

a more cohesive approach (strategy for the Movement).


ORGANIZATION OF NATIONAL SOCIETIES 823

Mapping the strategy


Mission Added value
to stakeholders
YOU ARE HERE

Strategic directions
Communicating
and implementing
Context: Expected results
Learning from
the Nineties
and assessment
of external context

However, the whole purpose of Strategy 2010 is to bring added


value to beneficiaries and other stakeholders governments,
national and international partners and the general public at large
all of whom look to the Red Cross/Red Crescent to help build a more
humane society. Key improvements are summarized in the figure
below.
824 SECTION III

POLICY ON THE PROTECTION


OF INTEGRITY OF NATIONAL SOCIETIES

(adopted by the General Assembly of the International Federation


of the Red Cross and Red Crescent Societies, November 2005)

Introduction
The National Societies and their International Federation are accountable to
their stakeholders and each other for maintaining the standards and quality of their
services as well as the effective and efficient use of resources and for taking action
to address any shortcomings.
The commitment to address such shortcomings, agreed in the Strategy for the
International Red Cross and Red Crescent Movement,46 is of the utmost
importance: therefore, the purpose of this policy is to guarantee that the National
Societies and their Federation possess the will and the ability to act in pursuit of
their respective declared objectives in full accordance with the Fundamental
Principles of the Movement.
The Federation Constitution 47 provides the legal basis for the Federations
intervention when a National Society faces integrity issues:
It states that the functions of the Federation shall, among others, include to be
the official representative of the member Societies in the international field,
among others dealing with any matters in connection with decisions and
recommendations by the General Assembly of the Federation and to be the
guardian of the National Societies integrity and the protector of their interests.
It further mentions that if an internal or external authority in any situation
interferes with the conduct of activities carried out by a member Society in
accordance with the Fundamental Principles, or if such an authority subverts or
attempts to subvert or uses that Society for purposes or activities not in
accordance with the Fundamental Principles, the Assembly or, in case of
emergency, the Governing Board of the Federation shall examine the relevant
circumstances and shall take appropriate action, including in the last resort an
appeal to the conscience of the world.
Also, the Seville Agreement 48 provides for Federation action, together with the
ICRC, to protect the integrity of National Societies (Arts. 7.2.5 and 8.2.a).

46 Adopted by the 2001 session of the Council of Delegates, Resolution 3; Action 3 of the Strategy
47 International Federation of Red Cross and Red Crescent Societies, Constitution, 1999, Articles 3(1)(j)
and 3(3), Functions and Interference in a member Society. In the Constitution passed in November 2007, the
integrity of National Societies is covered in Article 10.
48 Agreement on the Organization of the International Activities of the Components of the International
Red Cross and Red Crescent Movement, adopted by the 1997 session of the Council of Delegates, Resolution 6.
ORGANIZATION OF NATIONAL SOCIETIES 825

Definition
For the purpose of this policy, integrity is defined as the extent to which the
National Societies and their International Federation possess the will and the
ability to act in pursuit of their respective declared objectives, policies and
standards in full accordance with the Fundamental Principles of the Movement.49
To complement the working definition of this policy, types of integrity issues
can be defined. Each may be applicable both to National Societies and to the
Federation. A non-exhaustive list of the main types follows. In a given situation,
they are not exclusive of each other and may not always be at the same intensity:
Violation of the Fundamental Principles and non adherence to the Statutes of
the Movement;
Political and/or administrative interferences in the National Society affairs
relating to government control, key appointments in the National Society,
financial dependence and political allegiance;
Issues related to the Statutes of the National Society, their implementation and
how the Statutes reflect the Fundamental Principles;
Issues related to the performance of the National Societys/Federations
leadership and to financial management;
Integrity of individuals in the National Society/Federation related to use of
resources and authority;
Operational integrity of the National Society/Federation related to the way a
National Society/the Federation carries out its activities both nationally and
internationally. This could include interference by donors and lack of respect
for the Emblem Regulations.50

Scope
The policy covers the policies, actions, governance, management, employees
and volunteers of National Societies and of their Federation. It defines the measures
they must take towards the protection of their integrity in order to comply with the
Fundamental Principles of the International Red Cross and Red Crescent
Movement, the Statutes of the Movement and the Federations Constitution.

49 (Doc. AG/20/1 of the IXth Session of the General Assembly, Birmingham, 1993, p. 3, as amended [by
the XVth session of the General Assembly, Seoul, 2005]).
50 Adopted by the 1991 session of the Council of Delegates, Resolution 5, and subsequently ratified by all
the States party to the Geneva Conventions of 12th August 1949. The Federation committed to respect the
Regulations at the 1993 session of the Council of Delegates, in connection with Resolution 8 thereof.
826 SECTION III

Statement
The Federation shall:
Support the member National Societies in addressing any integrity problems in
conformity with Decision 30 of the Xth session of the General Assembly,
Geneva, 1995 and with the Seville Agreement. It will seek to act on the basis of
a partnership, of mutual understanding, solidarity and commitment to the
well-functioning of National Societies.51
Cooperate closely with the ICRC 52 to ensure a common approach towards
member National Societies facing integrity problems at both management and
governance levels.
Continue to participate actively in the work of the Joint ICRC/Federation
Commission for National Society Statutes in pursuance of the Commissions
mandate to support the National Societies in the revision of their Statutes to
ensure that they meet the minimum requirements as set out in the Guidance for
National Statutes.53
Establish policies and internal procedures for the protection of its integrity.
Commit to systematic self-assessment, [taking into account relevant sections of
the Statutes of the Movement and its own Constitution].
National Societies shall:
Establish policies and internal procedures for the protection of their integrity.
Commit to systematic Self-Assessment,54 taking into account the Conditions
for recognition of National Societies55 as well as other relevant sections of the

51 IXth session of the General Assembly, Birmingham, 25-28 October 1993, Decision 38, The protection
of the Integrity of Member Societies. Xth session of the General Assembly, Geneva 27-30 November 1995,
Protection of the Integrity of Member Societies, XIth session of General Assembly, Seville, 20-25 November
1997, Decision 45, The Protection of the Integrity of Member Societies. XIIth session of General Assembly,
Geneva, 1999, Decision 24, National Society Capacity Building, Protection of the Integrity of Member
Societies.
52 The legal basis for the ICRC's intervention on integrity issues : (a) the Statutes of the Movement, which
invests the ICRC with the responsibilities to maintain and disseminate the Fundamental Principles and to
recognize any newly established or reconstituted National Society which fulfils the 10 conditions for recog-
nition; (b) the Seville Agreement, which reiterates the ICRC's lead role for maintaining and disseminating
the Fundamental Principles (art. 9.2.2), and explicitly provides for ICRC action to protect the integrity of the
National Societies, together with the International Federation (articles 7.2.5 and 8.2.a)
53 Adopted by the 1st session of the Governing Board, Geneva 2-4 May 2000.
54 This policy does not replace previous decisions regarding the integrity of the National Societies adopt-
ed by the General Assembly and the Federation Governing Board; 1st session of the Governing Board,
Geneva 2-4 May 2000, Decision 6, The Protection of the Integrity of member Societies (Item 1.4.III); 2nd ses-
sion of the Governing Board, Geneva 10-12 November 2000, Decision 11, Protection of the Integrity of
National Societies (Agenda Item 2.2.2). 6th session of the Governing Board, 5-7 November 2002, Item 4.2.1
of the Agenda, Progress in the implementation of Strategy 2010 by National Societies, Item 4.2.3 Integrity
issues, establishment of a Board sub-group and a group of resource persons.
55Statutes of the Movement, 1986, article 4.
ORGANIZATION OF NATIONAL SOCIETIES 827

Statutes of the Movement and the standards described in the Characteristics of


a well-functioning National Society.56
Seek support from other Societies, the Federation (including its Board
Committee on integrity) and the ICRC, as appropriate, in addressing integrity
issues, especially at the early stages of problems.
The Federation Secretary General shall:
Take appropriate measures and provide technical support to National Societies
and the Board relating to the protection of National Society integrity.
Offer his/her services and support when a National Society is facing a situation
where its integrity may be at risk.
The Governing Board shall:
Establish a Committee from its members, reporting to the Board, to monitor
the implementation of this policy and to advise the Secretary General and the
Board on the appropriate measures to implement the policy and to address
specific cases.
Establish a group of mediators with extensive regional knowledge to be called
upon to support the National Societies as requested by the Board.

56 Decision 30 of the Xth Session of the General Assembly, Geneva, 1995.


828 SECTION III

CHAPTER II

RELATIONS BETWEEN NATIONAL SOCIETIES


AND THEIR PUBLIC AUTHORITIES

I
NATIONAL RED CROSS AND RED CRESCENT SOCIETIES
AS AUXILIARIES TO THE PUBLIC AUTHORITIES IN THE
HUMANITARIAN FIELD

(Council of Delegates, Geneva, 2003, Resolution 6)

The Council of Delegates,


welcomes the study carried out by the International Federation of Red Cross and
Red Crescent Societies (International Federation) in cooperation with the
International Committee of the Red Cross (ICRC) in response to the request made
by the 27th International Conference and in the Strategy for the Movement on
National Red Cross and Red Crescent Societies as auxiliaries to the public
authorities in the humanitarian field,
thanks all National Societies which have contributed to the production of the
report through written or oral comments during the conduct of the study and the
debate at the Council of Delegates,
takes note of the concept outlined in the conclusions of the study concerning the
Characteristics of a balanced relationship between States and National Societies
and invites National Societies to initiate discussions internally and with their
governments with a view to further developping the characterictics and
strengthening government understanding of the value of the auxiliary character of
National Societies and the importance of a balanced relationship,
invites the International Federation in cooperation with the ICRC to press
ahead with its work on this subject, including through further consultation with
National Societies, States and international organisations,
invites the International Federation to keep National Societies informed
regularly of progress made with the study and to provide updated and more
specific guidance for consideration by the Council of Delegates in 2005 and the
International Conference in 2007.
ORGANIZATION OF NATIONAL SOCIETIES 829

II
NATIONAL RED CROSS AND RED CRESCENT SOCIETIES
AS AUXILIARIES TO THE PUBLIC AUTHORITIES IN THE
HUMANITARIAN FIELD

(Council of Delegates, Geneva, 2003, report)

Conclusions from the study undertaken by the


International Federation of Red Cross and Red Crescent Societies

Summary of the Report


The study on the auxiliary role of National Societies in the humanitarian field is in
follow-up by the International Federation of Red Cross and Red Crescent Societies
to the Plan of Action of the 27th International Conference of the Red Cross and
Red Crescent (Geneva, 1999) and the Strategy for the Movement adopted by the
Council of Delegates in 2001.
The Plan of Action, (final goal 3.3, Action 15) called for:
an in-depth study into the working relationship between States and National
Societies, taking into account the changing needs in the humanitarian, health
and social fields, the auxiliary role of National Societies and the evolving role of
the State, the private sector and voluntary organizations in service provision.
The study:
analyzes how the environment for humanitarian action, on the one hand, and
the concept of auxiliary status on the other hand, have evolved over the years;
reviews several aspects of the relationship between Red Cross and Red Crescent
National Societies and States, in particular the interactions related to the
functioning of the National Society and those related to the activities of the
National Society;
examines how a number of existing texts, including the Statutes of the
Movement, Geneva Conventions and various texts adopted by the relevant
bodies of the Movement and the Federation, affect the relationship between
States and National Societies;
aims at better defining the concept of auxiliary to the public authorities in the
humanitarian field, because, over the years, the initial scope of the concept
(related to the relief to wounded and sick soldiers on the battlefield) has
blurred, thus affecting the universality of the concept;
provides practical guidance to National Societies and States in order to help
ensure their mutually beneficial relations.
830 SECTION III

The conclusions of the study, reproduced below, constitute an official document sub-
mitted to the 28th International Conference of the Red Cross and Red Crescent. The
complete study, will be available from the International Federation, at the Conference.

Characteristics of a balanced relationship between States and National


Societies as auxiliaries to the public authorities in the humanitarian field
The role of National Societies has evolved over the years responding to changing
needs in the humanitarian environment. In recent years the role with regard to
disaster preparedness and response as well as the role in relation to community based
health services has become significantly more important. Cooperation between
National Societies and between the International Federation and International
Organizations has developed and new partnerships complementing the respective
strengths of the different partners have been developed.
Among national humanitarian organizations, National Red Cross and Red
Crescent Societies have a special place, different from that of any other organization.
The role of auxiliary to the public authorities in the humanitarian field is
characterized by a specific legal status, based on international humanitarian law,
the rules established by the Movement and the national legislation of each State.
The auxiliary role has primarily national, but also in some cases international
implications.
However, beyond this specificity, the detailed consequences of the auxiliary role
have never been systematically analysed and, more importantly, the Movement and
the International Conference of the Red Cross and Red Crescent have never taken
a decision addressing all those aspects.
While keeping in mind differences that can be justified by the diversity of
contexts in which National Societies act, and the need for evolution in the nature of
the relationship between the State and the National Society, the characteristics of a
balanced relationship of auxiliary to the public authorities in the humanitarian
field can be summarised as follows:
The State and the National Society have a partnership aimed at preventing and
alleviating human suffering, protecting life and health, ensuring respect for the
human being and promoting mutual understanding, friendship, cooperation
and lasting peace amongst all peoples;
Despite the partners having different responsibilities and levels of resources
available, this partnership is based on dialogue, trust, cooperation, a willingness
to listen, mutual understanding, respect for each other and acceptance of
criticism from each partner, thus enabling to raise the most sensitive
humanitarian questions in a private and constructive manner;
This partnership includes:
Involvement of the National Society in the implementation of the
obligations incumbent upon the State on the basis of international
ORGANIZATION OF NATIONAL SOCIETIES 831

humanitarian law and the resolutions of the International Conference of the


Red Cross and Red Crescent;
Utilization by the State of the medical personnel of the National Society put
at the disposal of the medical services of armed forces, in strict accordance
with the First Geneva Convention and, where applicable, the First
Additional Protocol;
Cooperation in respect of other tasks related to international humanitarian
law where both the State and the National Society are involved, such as
tracing services;
Consultation of the National Society on major humanitarian issues;
Participation of the National Society in the health and social sector and in
actions of relief and disaster preparedness. This involves not only the
National Societys own service delivery action but also its contribution on
the basis of its experience, and the policy of the International Federation, to
governmental policy making in these sectors;
Cooperation respecting the distinct role of the Red Cross/Red Crescent in
international operations. Such operations include response to the needs of
conflict and disaster victims, and building the capacity of National Societies
in other countries to respond to needs in the health and social sectors.
Utilization of the capacity of the National Society in the fields in which it is
competent, and of its ability to act as a link between the organizations of
civil society and the State (including, where necessary, the armed forces);
Support from the National Society to the humanitarian activities of the
State, including acceptance of appropriate mandates.
At all levels, the representatives of the State and the National Society understand
the importance of the Fundamental Principles and ensure that the work of the
National Society is guided by the Fundamental Principles.57 In particular:
The benchmark against which the status of auxiliary to the public
authorities should be evaluated is above all whether or not a National
Society can act in conformity with the Principle of Humanity, that of
Impartiality (guided solely by needs and absence of discrimination) and the
objective of the Principle of Neutrality (to enjoy the confidence of all);
The State and the National Society ensure the long-term interests of a
National Society that is sufficiently independent and acts in conformity with
the Fundamental Principles, in all circumstances, including in times of
internal strife or non-international armed conflicts;
The State and the National Society seek to maintain the best possible image
of the National Society, by showing that its action is in conformity with the
Fundamental Principles and is perceived as such;

57 Statutes of the International Red Cross and Red Crescent Movement, adopted by the 25th International
Conference of the Red Cross and Red Crescent, 1986, Preamble
(http://www.icrc.org/Web/eng/siteeng0.nsf/html/movement).
832 SECTION III

The involvement of State representatives in the decision-making process of


the National Society is designed in such a way that the autonomy of the
National Society is maintained, taking into account the Guidance for
National Society Statutes;58
The State does not interfere in the functioning of the National Society, the
selection of its activities (including the selection of beneficiaries, the scope
of programmes and services and the choice of operational partners), the
appointment of its leaders and amendments to its legal texts;
In its relations with the National Society, the State should aim to preserve the
capacity of the National Society to act in accordance with its mission. To
ensure this the State should recognize that there may be cases where the
controls applicable to profit and not for profit organizations may need to be
adjusted or waived. The means the public authorities put at the disposal of
the National Society (financing, seconding of staff or other resources) are
managed in such a way as not to affect National Society adherence to these
Principles; they are conceived in a manner which avoids the National
Society being too dependent on the State;
Where State priorities or legislation might lead the National Society to act in
violation of the Fundamental Principles or other policies or decisions
adopted by the Movement or the Federation, the State and the National
Society seek a solution which complies with the humanitarian mission of
the Movement in accordance with the Fundamental Principles;
In times of armed conflicts, be they international or not, or internal strife:
The purely humanitarian contacts between the National Society and
different actors involved in such situations are legitimate;
The National Society should not be perceived as contributing to the military
efforts of the State or any other party to the conflict or as supporting views
and policies not related to humanitarian considerations;
The utilisation by the medical services of the armed forces of medical staff
seconded by the National Society is legitimate, provided that, on the one
hand, the acts undertaken by these staff are of a strictly humanitarian nature
and, on the other hand, that National Society has the capacity and is
prepared to explain to the public at large that such acts are humanitarian,
thus preserving the interests of all components of the Movement;
The State and the National Society work with a view to creating an enabling
environment allowing the best possible action from the National Society.
In particular:
The State facilitates the functioning of the National Society by adopting
appropriate legislation (or derogation to existing legislation) in the fields of

58 Adopted by the Governing Board (May 2000) on a mandate from the General Assembly (1999)
(www.ifrc.org).
ORGANIZATION OF NATIONAL SOCIETIES 833

voluntary service, tax and customs status of the National Society, and use of
the emblem by the National Society, in conformity with the Geneva
Conventions;
The State facilitates National Society implementation of the decisions and
resolutions adopted by Red Cross and Red Crescent bodies at the
international level, including in the field of the Movements international
relief operations, and in particular the Agreement on the Organization of
the International Activities of the Components of the International Red
Cross and Red Crescent Movement (Seville Agreement),59 the Code of
Conduct for the International Red Cross and Red Crescent Movement and
NGOs in Disaster Relief 60 and other relevant texts;
The State and the National Society use the Characteristics of a Well-
Functioning National Society61 and Guidance for National Society
Statutes to facilitate changes in the legal status of the National Society, its
structure and its rules of functioning. In this context, public authorities take
into account the comments that the ICRC and the Federation may formulate
in respect of National Societys statutes;
The inclusion of the Statutes of the National Society in the national
legislation is avoided, in order to facilitate the modification of the Statutes, if
necessary, at the Societys own initiative;
The State and the National Society cooperate in order to promote and
guarantee the specific nature of the National Society, both in the context of
international organizations as well as in the development and
implementation of relevant international law;
Mechanisms for dialogue and safeguards are established for all forms of
State National Society cooperation. This includes National Society
contribution to governmental policy making in the fields of disaster
management, health and social services. The roles and responsibilities are
established in general and for each operation or programme, preferably by
agreement between both parties.
Should the integrity of the National Society be in jeopardy, the International
Federation and the ICRC may provide advice or assistance to the National
Society according to the Movements Statutes, and the Federations policies and
procedures. The State should recognize and support this internal consultation
and support process within the Movement. In cases where the State is

59 Adopted by the Council of Delegates of the International Red Cross and Red Crescent Movement
(Seville 1997) (http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/movement? OpenDocument).
60 Noted and welcomed by the 26th International Conference of the Red Cross and Red Crescent (1995)
which invited all States and National Societies to encourage NGOs to both abide by the principles and spir-
it of the Code and consider registering their support for the Code with the International Federation (res.
4:E.2) (http://www.ifrc.org/publicat/conduct/)
61 Welcomed by the General Assembly (1995), decision 30, as an important institutional development tool
(www.ifrc.org).
834 SECTION III

concerned by an issue of National Society integrity it should first consult the


National Society leaders and then as appropriate the Federation and/or ICRC.
Any action by government in such cases should not adversely affect the
National Societys ability to respect the Fundamental Principles.
ORGANIZATION OF NATIONAL SOCIETIES 835

III

NATIONAL SOCIETIES AS AUXILIARIES TO THE


PUBLIC AUTHORITIES IN THE HUMANITARIAN FIELD

(Council of Delegates, Seoul, 2005, Resolution 9)

The Council of Delegates,


stressing the importance of the National Societies role as auxiliaries to the
public authorities in the humanitarian field, which is based on international
humanitarian law, 62 the Fundamental Principles, 63 the Statutes 64 and other rules of
the Movement and on the national legislation of each State, and which is
recognized by the United Nations,65
considering the changing needs in the humanitarian, health and social fields and
the evolving role of States and National Societies in responding to these needs,
recalling the repeated commitments made by the States and all the components
of the Movement to strengthen their relationship and partnerships, while
reaffirming the responsibility of States to respect the adherence of the Movements
components to the Fundamental Principles in order to provide impartial, neutral
and independent protection and assistance for all those most in need,
recalling Resolution 6 of the 2003 Council of Delegates and Resolution 1 of the
28th International Conference, which welcomed the study carried out by the
International Federation of Red Cross and Red Crescent Societies (International
Federation) on National Societies as auxiliaries to the public authorities in the
humanitarian field and invited the International Federation, in cooperation with
the International Committee of the Red Cross (ICRC), to press ahead with its work
on this subject, including through further consultation with National Societies,
States and international organizations,
1. welcomes the report produced by the International Federation in consultation
with the ICRC as a follow-up to Resolution 6 of the 2003 Council of Delegates
on National Societies as auxiliaries to the public authorities in the
humanitarian field, and the study prepared by the ICRC, in consultation with
the International Federation and National Societies, on the specific issue of
National Societies as auxiliaries to the public authorities in the humanitarian
field in situations of armed conflict;

62 In particular Chapter IV of the Convention for the Amelioration of the Condition of the Wounded and
Sick in Armed Forces in the Field, Geneva, 12 August 1949.
63 In particular the principle of independence
64 In particular Article 4.3 of the Movement's Statutes .
65 General Assembly resolution 49/2, adopted in 1994
836 SECTION III

2. invites the International Federation in consultation with the ICRC to continue


its discussions with National Societies on the working definition as outlined in
the background document CD 2005 12/1.
3. invites National Societies to initiate discussions with their governments on the
basis of the Characteristics of a balanced relationship proposed in 2003,
complemented by the working definition, the above-mentioned report of the
International Federation and the study of the ICRC, with a view to
strengthening government understanding of the value of the National Societies
auxiliary role and the importance of a balanced relationship;
4. requests the International Federation and the ICRC to continue emphasizing the
relevance of the auxiliary role in their work with the international community,
including at the United Nations;
5. invites National Societies to share the result of their discussion with
governments with the International Federation and the ICRC;
6. requests the International Federation, in consultation with the ICRC and
National Societies, to inform the 2007 Council of Delegates and the
International Conference following it on the progress made and to submit the
conclusions of its work, including any necessary recommendations to guide
States and the Movements components on the role of National Societies as
auxiliaries to the public authorities in the humanitarian field.
ORGANIZATION OF NATIONAL SOCIETIES 837

IV

SUMMARY OF THE STUDY ON SITUATIONS OF ARMED CONFLICT

(Annex to the report on National Societies as auxiliaries to the public authorities in


the humanitarian field, Seoul, 2005)

In consultation with interested National Societies, the ICRC has carried out a
full study on the topic of auxiliarity in situations of armed conflict from which this
summary has been extracted. The full study is provided as an information
document for all members of the Council of Delegates.
This document is to be seen as a continuation of the study carried out by the
International Federation in consultation with the ICRC entitled National Red
Cross and Red Crescent Societies as Auxiliaries to the Public Authorities in the
Humanitarian Field. The conclusions of the study were the subject of a report
submitted to the Council of Delegates in 2003 and to the 28th International
Conference. In the discussions that preceded adoption of Resolution 6 of the
Council of Delegates, a certain number of National Societies expressed an interest
in better defining their role as auxiliaries to the public authorities civilian and
military in conflict situations, in particular when their countrys armed forces are
deployed abroad, for example as part of peace-keeping or peace-enforcement
operations mandated by the United Nations, or in situations of military
occupation. The Council of Delegates therefore requested in its Resolution 6 that
work continue, in consultation with interested National Societies, on the concept of
auxiliarity.
1. Evolution of conflicts and of the environment for humanitarian work
Conflicts have evolved, as has the environment in which humanitarian action
has taken place since the end of the Cold War. The role and mission of armed forces
have been extended, in particular by integrating humanitarian activities into the
conduct of politico-military campaigns, as has been the tendency of some States.
The absence of a clear distinction between politico-military entities and their
implementing agencies on the one hand, and independent organizations on the
other, creates the risk that humanitarian action will be rejected in its entirety,
irrespective of who is involved and the genuine integrity of their motives. In this
context it is essential to reaffirm the importance of the Fundamental Principles and
of neutral and independent humanitarian action for all components of the
Movement. Moreover, it would seem to be important to clarify the role of National
Societies as auxiliaries to the public authorities including their respective
countries armed forces in conflict situations.
2. The concept of auxiliary: its evolution and content
The concept of auxiliary to the public authorities dates back to the origins of the
Movement.Although it originally referred only to support provided for the medical
838 SECTION III

services of the armed forces, it gradually came to be applied to most of the activities
of National Societies and is referred to in the Statutes of the Movement. While the
concept of auxiliary to the public authorities is formally universal, it has not been
interpreted in the same way in all countries.
In view of the evolution in relations between National Societies and the State in
every country of the world, the 2003 study did not attempt to formulate a definition
of the concept of auxiliary but suggested that even bearing in mind the differences
attributable to that evolution and the diversity of contexts in which the National
Societies must work, one can usefully make clear the characteristics of a balanced
relationship between a State and its National Society 66 (hereinafter the
characteristics). The characteristics, which should guide the two actors in the
development of their relations, emphasize that the relationship between the State
and the National Society takes the form of a privileged partnership,67 that both the
State and the National Society must ensure that the auxiliary role respects the
Fundamental Principles, that in conflict situations the National Society must be
neutral and perceived as such, and that the National Society is part of a universal
Movement, which implies that the State must recognize the National Societys
rights and duties with regard to the other components of the Movement.
One question that frequently arises in debates about auxiliarity is whether
National Societies are auxiliaries to the public authorities in all the humanitarian
activities they undertake. The answer given by the consultation is negative: their
capacity to act privately outside this framework must be recognized. However, the
fact of not acting at all times in an auxiliary role to the public authorities does not,
in our view, have any impact on the status of auxiliary to the public authorities in
the humanitarian field, as National Societies enjoy that status permanently once
they have been recognized by the legal government of a country as a voluntary
relief society and auxiliary to the public authorities in the humanitarian field.
The distinction between auxiliary role and auxiliary status can prove to
be a useful working distinction; the term auxiliary role can be defined as the
concrete manifestation in actual practice of a Societys permanent status as
auxiliary to the public authorities, as opposed to other roles it may have in
undertaking tasks in a private capacity outside its role as an auxiliary.

66 See the report National Red Cross and Red Crescent Societies as Auxiliaries to the Public Authorities in
the Humanitarian Field: Conclusions from the study undertaken by the International Federation of Red Cross
and Red Crescent Societies, document prepared by the International Federation of Red Cross and Red Crescent
Societies in consultation with the International Committee of the Red Cross, submitted to the 2003 Council of
Delegates and to the 28th International Conference, p. 3-5.
67 The term privileged partnership has raised concerns, since it gives the impression that National
Societies should receive preferential treatment despite laws in a number of countries obliging the authorities
to treat all organizations on an equal basis. However, the term is not intended to suggest that the authorities
should show favouritism to National Societies. Instead, it indicates that owing to the National Societies' sta-
tus and role - recognized in national and international legal instruments - they do have certain unique fea-
tures. Among these is the special relationship between a Society and the State based on the support they offer
each other and the dialogue they maintain on a number of humanitarian topics (see Statutes of the
Movement, Articles 2 and 4).
ORGANIZATION OF NATIONAL SOCIETIES 839

It should be noted that, in the course of prior consultations, although a fair


number of National Societies expressed interest in and approval of such a working
distinction, a smaller number of others voiced reservations about putting it into
practice too mechanically and about producing an overly specific list, leaving
insufficient flexibility, of activities connected or not connected with the auxiliary
role. Doubts were also expressed about the possibility of reaching agreement on
which activities are carried out in an auxiliary role and which are not. These
reactions would also seem to express an underlying fear that by recognizing that
certain tasks are performed by a Society outside its role as an auxiliary, its
privileged relationship with the State associated with that role could suffer, to the
benefit of other charitable organizations.
Other National Societies, however, insisted on the necessity of having a clear
position expressed in terms of situations in which they play an auxiliary role to the
public authorities and situations in which they do not. In certain circumstances,
mainly in connection with international operations in conflict situations or peace-
keeping and peace-enforcement operations, they feel that they lack arguments for
explaining why they can or cannot satisfy the requests of their governments,
especially when the governments refer to the National Societys duty, as auxiliary to
the public authorities, to carry out this or that activity. In this second group of
National Societies, which seem to be a majority of the participating National
Societies, the main concerns appear to be the risk of becoming the instrument of
States and the importance of preserving neutral and independent humanitarian
action.
Part of the problem is probably the idea held by certain States and certain
National Societies that an auxiliary role implies subordination to the public
authorities.68 In the next section we shall take up this idea, which seems wrong to us.
Auxiliarity and subordination to the public authorities
The National Society is not an organ of the State but maintains close links with
it; its relation to the public authorities is set out in international and national law, in
statutes and often in bilateral accords. For example, certain National Societies
conclude agreements or contracts with the public authorities in which the parties
agree on certain tasks that the State delegates (blood banks are often cited as an
example). When a State would like to entrust it with a task, the National Society is
nevertheless entitled to decline indeed, in some cases it has a duty to do so, for
example when the task conflicts with one of the Fundamental Principles or does
not fall within the Societys mandate derived from its statutes or official documents
of the Movement, or because the Society would not have the means to perform it.
These arguments are developed in Section 3 below.
The only scenario in which the role of auxiliary entails rather clear-cut
subordination is that in which National Society staff assist army medical services.

68 Admittedly, the term itself of auxiliary carries a certain connotation of subordination, at least in
English, French and Spanish.
840 SECTION III

In this case, according to Article 26 of the First Geneva Convention of 1949, the
staff are subject to military laws and regulations. It needs to be pointed out,
however, that the subordination involves staff made available for this task, not the
National Society as such.
It must be accepted, therefore, that a National Society is not properly speaking
subordinated to the State, but has a duty to give careful consideration to the
requests of the State and to respond favourably if possible. The State, for its part,
must take into account the limits imposed by the National Societys framework for
taking action, in particular the Fundamental Principles.
3. The concept of auxiliary as defined by the legal instruments of the
Movement
As the characteristics emphasize, representatives of the State and of the National
Society must ensure that the National Society is guided by the Fundamental
Principles. The inclusion of the Fundamental Principles in the Statutes of the
Movement makes it mandatory for all National Societies to uphold them.While the
mandatory character of the legal instruments of the Movement is less strong for
States, Article 2 of the Statutes nevertheless stipulates that States undertake to
respect at all times the adherence of all components of the Movement to these
principles.
Each of the principles has its own importance in relation to the concept of
auxiliarity. The Principle of Neutrality provides that, in order that the National
Society may continue to enjoy the trust of all, the State cannot require that it take
sides in hostilities or involve itself in controversies of a political, racial, religious or
ideological nature. The public authorities must be aware of the fact that the National
Societys scope of action in a time of hostilities depends on the recognition and
perception of this neutrality by all parties. The Principle of Independence
illustrates the tension between the National Societies nature as the auxiliaries of the
public authorities and the necessary autonomy they must maintain in order to be
able at all times to act in accordance with the Fundamental Principles.69 While a
National Society is not a State body, it maintains close relations with the State; its
relationship to the public authorities is governed by national and international legal
instruments, by its statutes and, in many cases, by bilateral agreements that spell out
the relationship in detail. The Principle of Universality implies that the State
recognizes that the National Society, although its auxiliary in the humanitarian field,
is part of a larger, universal entity with international rights and obligations, in
particular with regard to solidarity. Thus, the public authorities cannot prevent a
National Society from deploying its own means to provide assistance for a sister
National Society in need. Nor can a State demand that a National Society undertake
activities in another State without regard for the coordination rules of the

69 Auxiliarity is mentioned twice in the Statutes of the Movement: once among the conditions for recog-
nition of National Societies and again in the Principle of Independence, where it is stipulated that National
Societies must always maintain their autonomy - including from the public authorities.
ORGANIZATION OF NATIONAL SOCIETIES 841

Movement, in particular without obtaining the consent of the National Society on


whose territory the activities are carried out.70
At the international level, it is useful to examine the concept of auxiliarity on
the basis of the activities carried out by a National Society.
The role of auxiliary to the medical services of the armed forces
The first activity worthy of attention is the role of auxiliary to the medical
services of the armed forces.71 This role implies in and of itself that, in the event
of an armed conflict affecting the country, members of the National Society
assigned to assist the medical services of the armed forces follow the troops
wherever they go including into other countries. 72 The National Society would
then be exercising its role as auxiliary to the public authorities abroad.
Humanitarian activities abroad other than support to the medical services
of the armed forces
In activities abroad other than that of providing support for the medical
services of the armed forces, a National Society does not as a general rule act in its
role as auxiliary to the public authorities in the humanitarian field; exceptions are
possible in accordance with the meaning traditionally attributed to the
concept of auxiliary by the public authorities in a given country. In any case,73
a request by the public authorities to undertake such activities does not entail for
the National Society an automatic duty to accept. Accepting such a request will
depend in particular:
on the actual needs of the victims on the spot, and on the conformity of the
proposed humanitarian activity with the humanitarian strategy of the
Movement on the spot;
on the conformity of the proposed activity with the Fundamental Principles;
since the Principle of Neutrality is especially important in conflict situations,
the proposed activities must not only be true to this principle but also be
perceived to be so. Accordingly, the National Society must not be perceived to
be contributing to the military effort of the State or of any other party to the

70 It may be added that the Principle of Humanity implies that it is only in the humanitarian field that a
National Society is the auxiliary of the public authorities; the State might wish to delegate other tasks to a pri-
vate body. According to the Principle of Impartiality, the humanitarian work of a National Society in its role
as auxiliary may not discriminate on the basis of criteria such as those chosen by the public authorities for
political reasons, but must be undertaken in proportion to the urgency and seriousness of the needs
observed, without any other distinction of any sort.
71 The case of making available personnel from Societies belonging to neutral countries (Article 27 of the
First Geneva Convention of 1949) - a relatively rare occurrence - is not treated here but is examined in the
full document.
72 In this type of situation, the consent of the host National Society does not apply.
73By in any case is meant regardless of whether the State or the National Society thinks that carrying
out activities abroad and in conflict situations other than in support of the medical services of the armed
forces falls within its role as auxiliary.
842 SECTION III

conflict, or to be lending its support to opinions or policies unrelated to


humanitarian considerations;
on acceptance by the public authorities of the integration of the proposed
humanitarian activity into the Movements humanitarian work on the spot, and
of its subordination to the Movements coordination rules.
In situations of military occupation
It may be inferred from Article 63 of the Fourth Geneva Convention of 1949
that in special situations, such as in a military occupation, the National Society of
the occupied country retains not only all of its responsibilities in the humanitarian
field but also its rights and prerogatives. The National Society of the occupying
country acts as auxiliary to the authorities of its country only in its role in support
of the medical services of the armed forces, but not in relation to other
humanitarian activities. This does not in principle prevent this National Society
from conducting other humanitarian activities, but it must do so within the
framework of activities coordinated by the Movement and with the consent of the
host Society.
4. The role of National Societies during peace-keeping and peace-
enforcement operations mandated by the United Nations
Peace-keeping and peace-enforcement operations are decided by the United
Nations Security Council. Decisions of the Council are by definition those of an
intergovernmental organization and political in nature. The deployment of troops
under a UN mandate is not necessarily synonymous with an immediate cessation
of hostilities. Indeed, it can itself be a source of conflict and give rise to fighting
between the UN-mandated troops and armed groups on the spot.
The question has been raised whether the National Societies of the countries
providing UN-mandated troops should follow the armed forces of their country
abroad as auxiliaries to the medical services within the framework of peace-
keeping or peace-enforcement operations. National Society practice is not uniform
and two broad approaches can be identified. Some Societies consider that they are
bound to play their traditional role in support of the medical services of the armed
forces whenever they are asked to do so, irrespective of the location of or the reason
for the deployment. Other Societies hold that they are under no general obligation
to accompany their armed forces on an armed mission carried out under UN
mandate; these National Societies feel that their role as auxiliaries to the medical
services of the armed forces applies only when their own country is involved in an
armed conflict and not in the event of other military operations.
Both approaches are founded on apparently legitimate arguments. What is
essential is that the National Societys position whichever it may be is clear and
understood by the public authorities. This is essential for maintaining trust and the
privileged relationship between the National Society and its government, and for
the government to go ahead with its planning in full knowledge of the position
adopted by the National Society.
ORGANIZATION OF NATIONAL SOCIETIES 843

In situations where troops are deployed under UN mandate, National Societies


of the country of origin of UN-mandated troops are not in a role of auxiliary to
their public authorities when carrying out humanitarian activities other than
support to the medical services of the armed forces. In such circumstances, the
same remarks as those mentioned above for humanitarian activities abroad other
than support to the medical services of the armed forces should prevail (see 3).
5. Practical considerations
a) National Society activities in times of internal conflict in their own
countries
The tension inherent between a National Societys status as auxiliary and the
independence it requires to be able to carry out activities that are not only neutral
and impartial but also perceived to be so depends largely on how the National
Society is run and on the quality of its peacetime preparations. Its ability to assert
itself as a neutral and impartial humanitarian organization, willing and able to
provide services in all parts of the country for all those most in need, is key. Its
independence from the government, the composition of its personnel and
volunteers, and the public authorities understanding of its mandate and role in
times of armed conflict are also very important.
Within the framework of an internal conflict, the National Societys association
with the armed forces in its role as auxiliary to the medical services of the armed
forces may be detrimental to perceptions of the Society as independent and neutral.
Nevertheless, providing medical assistance for wounded combatants during an
armed conflict is a neutral and impartial humanitarian act.
b) National Societies working internationally in times of armed conflict
b.1 Situations of occupation
It has already been mentioned that a National Society may act as auxiliary to the
medical services of its countrys armed forces when they occupy the territory of an
adversary. The National Society may also wish to undertake other humanitarian
activities in addition to providing support for the medical services. A number of
practical matters must nonetheless be raised and discussed with the host Society or
the lead agency. In particular, a careful analysis of the political and security
situation must be made in order to avoid putting the personnel of all components
of the Movement needlessly at risk. In addition, an even more painstaking
examination is needed to determine whether such further tasks can be undertaken
without jeopardizing the perception of the National Society as neutral and
independent.
The first question to be considered is how the occupying forces are perceived by
the general population and by any resistance groups. We know from experience
that occupation troops may in some cases be perceived negatively. Nationals of the
occupying power even those carrying out humanitarian tasks may be viewed as
linked to the occupation forces and thus face additional risks. The National Society
of an occupying power, therefore, will have to decide together with the lead agency
844 SECTION III

and the host National Society if its humanitarian activities should involve a
physical presence in the field or if initially, at least it should limit itself to
providing financial or material aid.
b.2 Humanitarian activities of National Societies whose countrys armed forces are
deployed as part of an international peace-keeping or peace-enforcement
mission
Whenever National Societies wish to undertake humanitarian activities in an
area where their own countries troops are deployed,74 they must not only respect
the Movements coordination rules but also discuss and resolve a certain number of
issues first. It is paramount that a clear distinction be made at all times between the
National Societies in question and the armed forces of their respective countries,
and that their image of neutrality is preserved. This implies among other things
that logistics for the armed forces and for the National Societies must be handled
separately. Supplies for National Societies should not be delivered by the armed
forces with exceptions required only by the urgency, the need to save lives or the
scale of disaster.75

74 i.e. humanitarian activities other than those in support of armed forces medical services.
75 The conditions laid down in the Movement's policy on accepting armed protection can be used to
determine whether exceptions need to be made. In all cases, there should be consultations with the compo-
nents of the Movement working in the area.
ORGANIZATION OF NATIONAL SOCIETIES 845

SPECIFIC NATURE OF THE INTERNATIONAL RED CROSS AND


RED CRESCENT MOVEMENT IN ACTION AND PARTNERSHIPS
AND THE ROLE OF NATIONAL SOCIETIES AS AUXILIARIES
TO THE PUBLIC AUTHORITIES IN THE HUMANITARIAN FIELD
The 30th International Conference of the Red Cross and Red Crescent,
acknowledging that strong partnerships between States, the components of the
International Red Cross and Red Crescent Movement (Movement) and other
humanitarian actors, such as international organizations, non-governmental
organizations and civil society, are essential to address effectively the needs of
vulnerable people worldwide, in the spirit of the slogan of the Conference
Together for humanity,
acknowledging the different mandates of the various components of the
Movement,
recalling the Movements Fundamental Principle of independence as well as
Articles 2.3, 3 and 4.3 of the Statutes of the Movement whereby National Societies
are recognized by all governments as auxiliaries to the public authorities in the
humanitarian field,
recalling Articles 24, 26 and 27 of the Geneva Convention for the Amelioration
of the Condition of the Wounded and Sick in Armed Forces in the Field, of 12
August 1949, Articles 24 and 25 of the Geneva Convention for the Amelioration of
the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at
Sea, of 12 August 1949, as well as Article 63 of the Geneva Convention relative to
the Protection of Civilian Persons in Time of War, of 12 August 1949,
noting the resolution of the General Assembly of the United Nations (A/RES/49/2
of 27 October 1994) which recalls that National Societies are recognized by their
respective governments as auxiliaries to the public authorities in the humanitarian
field on the basis of the Geneva Conventions of 12 August 1949,
recalling the Agenda for Humanitarian Action adopted at the 28th International
Conference, whereby States, recognizing the importance of the independent and
auxiliary role of National Societies, agreed, inter alia, to negotiate clearly defined
roles and responsibilities with their respective National Societies in risk-reduction
and disaster-management activities, as well as in public-health, development and
social activities,
recalling Resolution 1 of the 28th International Conference which welcomed the
study carried out by the International Federation of Red Cross and Red Crescent
Societies (International Federation) on National Red Cross and Red Crescent
Societies as Auxiliaries to the Public Authorities in the Humanitarian Field and
contained the concept of the characteristics of a balanced relationship, and noting
the work done by the International Federation in consultation with the
International Commitee of the Red Cross (ICRC) pursuant to that resolution,
846 SECTION III

recognizing that the cooperation and dialogue of National Societies with their
respective governments includes the key role and responsibilities of National
Societies in the fields of promotion, dissemination and implementation of
international humanitarian law,
recognizing that National Societies represent reliable partners for national and
local public authorities that provide service through their diverse volunteer base
and their unique capacity to mobilize human and material resources at the
community level,
noting with appreciation that the Council of Delegates, in its Resolution 3 of
2007, endorsed the concept of a toolbox for use by National Societies when
concluding partnership arrangements, including those relevant to auxiliary
relationships,
reaffirming the obligation of all the components of the Movement to act at all
times in conformity with the Fundamental Principles, the Statutes of the
Movement and the rules governing the use of the emblems and to take full account
of the relevant Movement policies,
acknowledging that the autonomy of National Societies and their commitment
to neutrality and impartial assistance provide the best available means to gain the
confidence of all in order to have access to those in need,
recalling Article 2.4 of the Statutes of the Movement adopted by the 25th
International Conference of the Red Cross at Geneva in 1986, as amended in 1995
and 2006, which stipulates that the States shall at all times respect the adherence by
all the components of the Movement to the Fundamental Principles,
1. reaffirms that it is the primary responsibility of States and their respective
public authorities to provide humanitarian assistance to vulnerable persons on
their respective territories and that the primary purpose of National Societies as
auxiliaries to the public authorities in the humanitarian field is to supplement
them in the fulfilment of this responsibility;
2. calls upon National Societies and their respective public authorities to
consolidate a balanced relationship with clear and reciprocal responsibilities,
maintaining and enhancing a permanent dialogue at all levels within the agreed
framework for humanitarian action;
3. recognizes that the public authorities and the National Societies as auxiliaries
enjoy a specific and distinctive partnership, entailing mutual responsibilities
and benefits, and based on international and national laws, in which the
national public authorities and the National Society agree on the areas in which
the National Society supplements or substitutes for public humanitarian
services; the National Society must be able to deliver its humanitarian services
at all times in conformity with the Fundamental Principles, in particular those
of neutrality and independence, and with its other obligations under the
Statutes of the Movement as agreed by States at the International Conference;
ORGANIZATION OF NATIONAL SOCIETIES 847

4. emphasises that
(a) National Societies as auxiliaries to the public authorities in the
humanitarian field have a duty to consider seriously any request by their
public authorities to carry out humanitarian activities within their mandate,
(b) States must refrain from requesting National Societies to perform activities
which are in conflict with the Fundamental Principles or the Statutes of the
Movement or its mission, that National Societies have the duty to decline
any such request and underlines the need for the public authorities to
respect such decisions by the National Societies;
5. invites National Societies and governments to clarify and consolidate the areas
in which National Societies as auxiliaries cooperate at all levels with the public
authorities;
6. stresses that the National Society, whilst acknowledging that its personnel and
assets are provided to the medical services of the States armed forces in
accordance with Article 26 of the First Geneva Convention of 1949 and are thus
subject to military laws and regulations, must respect the Fundamental
Principles, including that of neutrality, and at all times maintain its autonomy
and ensure that it is clearly distinguishable from military and other
governmental bodies;
7. invites the International Federation and the ICRC, in consultation with States
and National Societies, to make available and further develop relevant
information material for National Societies, the public authorities and other
interested bodies, including guidelines, legal advice and best practices, in
support of partnerships between National Societies and the public authorities
in the humanitarian field.
(Geneva, 2007, Resolution 2)
848 SECTION III

CHAPTER III

GUIDANCE
ON RELATIONS WITH OTHER ACTORS OUTSIDE THE MOVEMENT

I
MINIMUM ELEMENTS TO BE INCLUDED IN OPERATIONAL
AGREEMENTS BETWEEN MOVEMENT COMPONENTS AND THEIR
EXTERNAL OPERATIONAL PARTNERS

(Council of Delegates, Geneva, 2003, annex to Resolution 10)

The following elements should be referred to when negotiating or reviewing


operational agreements between Movement components (National Societies, the
International Federation Secretariat and ICRC) and external organizations (United
Nations Agencies, intergovernmental organizations, international and national
non-governmental organizations) in order to ensure any such agreement reflects
coherence with Movement Fundamental Principles, policy and practice and
complementarity among the components of the Movement.
Movement components are advised to consult with and notify other Movement
components prior to the signature of any operational agreements with external
partners. According to the International Conference 1981, Manila, National
Societies are obliged to consult the ICRC and the Federation Secretariat in advance
of signing any agreement with UNHCR.

SUBSTANTIVE CONTENT
1. Adherence to Movement Principles and Policies
National Societies and other Movement components must be able at all times to
act in adherence to the Fundamental Principles of the Red Cross/Red Crescent
Movement, particularly those of independence, neutrality and impartiality. In
addition, the issue of serving only the needs of the Partners targeted population
(i.e. refugees in most cases) and not balancing this with serving the needs of others
in the surrounding vicinity who may be facing similar hardship (adhering to
Impartiality principle) needs to be monitored. Serving only specific beneficiary
groups could result in the National Society not being able to fulfill its duty to assist
all those affected without distinction, which in turn could result in a negative image
for the National Society. A holistic approach should be adopted, which takes into
account both the needs of the refugees and/or IDPs and those of the local
population, which may be experiencing even harsher living conditions than the
refugees themselves.
ORGANIZATION OF NATIONAL SOCIETIES 849

National Societies and other Movement components must also adhere to and
respect at all times, the Statutes of the International Red Cross and Red Crescent
Movement and the Agreement on the Organization of the International Activities
of the Components of the International Red Cross and Red Crescent Movement
(Seville Agreement) as well as the Principles and Rules for Red Cross and Red
Crescent Disaster Relief and the Code of Conduct.
The necessity for the National Society and other Movement components to
adhere to Movement policies, such as the policy on the Regulations on the use of
the Emblem of the Red Cross or Red Crescent by National Societies and the policy
related to the armed protection of humanitarian aid should be clearly described
and followed at all times.
Of paramount importance is the absolute imperative for Federation Secretariat,
National Society and ICRC personnel to adhere to the principles expressed in the
IASC Policy Statement on Protection from Sexual Abuse and Exploitation in
Humanitarian Crisis, which has been signed by both the Federation Secretariat on
behalf of its membership, and by the ICRC.
If at any time, the ability to act in coherence with the above is compromised,
National Societies or other Movement components must have the immediate reflex
and ability to suspend or terminate the Agreement with the external Partner (see
section 10).
2. Identity
The Agreement must reflect that the National Society or other Movement
component will at all times clearly display its own individual identity and be clearly
associated to the International Red Cross and Red Crescent Movement. It will not
assume the identity of the Partner agency through the displaying of double logos
or emblems on equipment or through the adoption of vehicle licenses. Its identity
must not be compromised at any time while conducting its responsibilities under
said agreement. The Regulations on the Use of the Emblem will be followed at all
times. The protective emblem will only be utilized in conformity to regulations.

GENERAL ADMINISTRATIVE AND MANAGEMENT CONTENT


3. Define Partners clearly and correctly
In the title and introductory paragraph of the Agreement, use the legal/official
name of the National Society or other Movement component and the organization
involved. These names may be followed in parenthesis by the abbreviated name
which then should be used throughout the Agreement.
4. General Situation Background and Purpose of the Agreement
The context and situation that is leading to this Agreement should be clearly
described.
850 SECTION III

5. Stated Goal (or outcomes) and Objectives


The Agreement must state the overall goal or outcomes to be achieved through
the working relationship and the objectives needed to be accomplished in order to
achieve this goal.
Beneficiary determination
In all operational partnerships, the external Partner must respect the need for
the Red Cross/Red Crescent Partner to adhere to the requirement to meet the needs
of all persons needing assistance and protection. For example, this may include
persons not explicitly considered convention refugees but rather persons who may
be even more vulnerable due to the absence of legal status. In order to prevent
tensions from mounting in the geographical area, vulnerable persons in the
surrounding community may also be assisted.
For this reason, it is advisable for the Red Cross/Red Crescent component to be
actively involved in the assessment of needs, which in turn, determines the
beneficiary population.
Continuum of support
Care should be taken when determining the goal, to ensure the project is not
overly restricted to one period of time in the beneficiarys experience, but rather
linked to longer term needs leading to durable solutions such as societal
integration, medical needs, family reunification, repatriation and legal guidance.
6. Delineation of Roles and Responsibilities of each Partner to the Agreement
The primary roles and responsibilities of each Partner must be stated clearly,
clarifying what they can and cannot expect from each other. Within these roles, the
issue of accountability for resources and the achievement of specific objectives
must be detailed. Responsibilities for the following should be clearly articulated :
assessment of needs,
determination of beneficiaries,
planning, formulation of project objectives,
implementation, with details of specific roles and responsibilities outlined,
protection and advocacy,
financial management including internal and external auditing of accounts,
financial and narrative reporting as well as monitoring and evaluation
should be described clearly,
monitoring and evaluation.

Additionally, of importance, is the clear establishment of who is responsible for


the security of the staff and volunteers while fulfilling their responsibilities.
7. Resource Contributions
The financial, material and human resource contributions to be made by each
Partner in order to fulfill their respective commitments in the Agreement should be
outlined. Care must be taken by both institutions involved in the partnership, to
ORGANIZATION OF NATIONAL SOCIETIES 851

ensure that the Red Cross/Red Crescent Movement Partners capacity is not
diminished or overwhelmed, but rather is enhanced.
To avoid the common unfortunate situation where a National Society or other
Movement component is actually in financial arrears as a result of such Agreements
due to overhead costs not remunerated by the Partner organization, attention
should be given to ensuring adequate financial coverage. Such a situation could be
prevented through a procedure of advancement of funds and rigorous and regular
quarterly project review meetings (see next section).

8. Description of Project Coordination and Management Mechanism


A description of how the overall project will be coordinated and managed
between the two Partners should be outlined clearly in the agreement.
Focal Points: Each party will appoint a focal point to serve as the primary
liaison between the Parties, to ensure the successful fulfillment of activities.
Coordination Meetings: Meetings will be organized as required and will
involve other concerned parties if warranted. Formal quarterly project review
meetings will occur which will review the implementation plan, reporting and
financial management to ensure the agreement is being implemented as planned.
The outcomes of these meetings will be utilized to suggest any project revisions
and to guide decisions regarding project revision and/or including prolongation.

9. Agreement Provisions
9.1 Commencement, Termination and Project Finalization
The exact date that the Agreement comes into effect must be stated as well as when
the active project implementation is to be terminated. Additionally, the date of the
project finalization should be stated, at which time the completion of all required
reporting, hand over of equipment and materials as necessary, should be completed.
9.2 Review, Revision, Prolongation
Through the establishment of regular joint monitoring, the review and possible
revision or prolongation of certain Agreement elements will be mutually decided.
These decisions will be reflected in written and signed addendums to the original
Agreement.
Three months prior to the project termination date, as part of the quarterly
Project Coordination meetings, decisions will be taken regarding the need to
prolong the contract or to adhere to the original project end date.
9.3 Suspension or Disengagement Clause
9.3.1 In the event of circumstances beyond the control of the Partners
The Partners have the right to immediately suspend or cancel the Agreement in
the event of circumstances beyond their control such as a major change in the
conditions or environment.
Particularly, should there be a change from a situation of peace to one of
852 SECTION III

internal tension, disturbances and/or armed conflict, the National Society or other
Movement component must have the possibility to withdraw from the Agreement
immediately. If the ability of the National Society or other Movement component
to adhere to the Fundamental Principles, or Movement policy or procedures is
compromised, it must not hesitate to withdraw from the Agreement immediately.
This can take the form of a temporary suspension of the contract until an identified
period of time has passed or a change of circumstance has occurred, following
which, upon consultation with and agreement of other Movement components, the
Agreement can be resumed. Alternatively, a complete disengagement and
termination of contract can occur.
Prior to this clause being invoked, consultation will take place between the
Partners.
The suspension or termination will be effective immediately or within one
month following the consultation. During this time, all possible attempts will be
made by both Partners to ensure the needs of the beneficiaries continue to be met
by other means.

10. Non-adherence to Agreement Clauses


Should there be a disagreement that cannot be resolved regarding the
implementation of the Agreement or the adherence to certain clauses, a
consultation meeting will take place between the Partners. Should it be decided,
despite invoking the Dispute Settlement clause, to dissolve the partnership as a last
resort, it will be done within a minimum of sixty days, maximum of ninety days
time frame. During this time, all attempts possible will be made by both partners
to ensure the needs of the beneficiaries continue to be met by other means.
Any of the Partners may withdraw from the Agreement with sixty days written
notice.

11. Signatures of Authorized Representatives


Before the Agreement is signed, the National Society or other Movement
component is obliged (Resolution 4, Council of Delegates 2001) to inform the other
Movement components of the negotiation that is leading to a formal Agreement
between them and any agency of the United Nations or any other international
organization. The International Federation and/or the ICRC must concur with the
terms contained in an Agreement with the National Society in order to ensure
coherence and complementarity.
Copies of an Agreement with a National Society should be sent by the National
Society to the International Federation and the ICRC for their information. Copies
of Agreements signed by other Movement components should in turn be provided
by them to the other components as well.
Once this has been done, the Agreement needs to be signed by a duly authorized
representative of each Partner to signify agreement. Under the signature the name
of the signatory and his/her designation within his/her respective organization
ORGANIZATION OF NATIONAL SOCIETIES 853

must be clearly stated. Such authorization may depend upon the respective
constitution or statutes, or internal regulations of the National Society. Unless there
is a specific local provision to the contrary, the person to sign on behalf of a
National Society will most likely be its Secretary General.
12. Mechanism for Dispute Settlement
Regardless of the nature of the relationship between the Partners at the time of
the agreement, differences or unforeseen problems may arise once the project is
underway, or the situation may change making it difficult for one of the parties to
uphold their commitments. It is therefore important that the Partners agree in
advance on a method to resolve issues as they arise. These procedures should be
detailed in the agreement.
Settlement of disputes should begin at the country level and be referred if
necessary to the Regional level, and then the International headquarters level. At
any time, appropriate third party intervention could be sought to aid in resolution
as appropriate, including consultation with other Red Cross/Red Crescent
Movement components.
Reference Documents:
Regulations on the Use of the Emblem of the red cross or the red crescent by
National Societies
Policy related to the armed protection of humanitarian aid

Fundamental Principles of Red Cross/Red Crescent Movement Agreement


on the International Activities of the components of the Red Cross and Red
Crescent Movement (Seville Agreement)
Code of Conduct for organizations taking part in disaster relief operations

IASC Statement and Plan of Action for Protection from Sexual Abuse and
Exploitation in Humanitarian Crisis, April 2002
Statutes of the International Red Cross and Red Crescent Movement
adopted by the 25th International Conference of the Red Cross at Geneva in
October 1986 and amended by the 26th International Conference of the Red
Cross at Geneva in December 1995
Principles and Rules for Red Cross and Red Crescent Disaster Relief,
Geneva, 1995
Resolution of the 2001 Council of Delegates and background papers for
Movement Action in Favour of Refugees and Internally Displaced Persons
854 SECTION III

II

MOVEMENT POLICY FOR CORPORATE SECTOR PARTNERSHIPS

(Council of Delegates, Seoul, 2005, Resolution 10)

The Council of Delegates,


recalling Action 17 of the Strategy for the International Red Cross and Red
Crescent Movement, adopted by means of Resolution 3 of the 2001 Council of
Delegates,
acknowledging that partnerships with the private sector can help protect and
improve the lives of vulnerable people, build awareness of the Movements role, and
influence corporate behaviour with respect to social issues,
recalling Article 23 of the Regulations on the use of the emblem of the Red Cross
or the Red Crescent by the National Societies, adopted by the 1991 Council of
Delegates, which requires that a corporate partner in no way be engaged in
activities running counter to the Movements objectives and principles,
considering that partnerships with the private sector may impact the
Movements operations and reputation as a neutral and independent humanitarian
actor, in particular in situations of armed conflict,
recognizing that a common and harmonized approach to private sector
relationships is essential to safeguarding the integrity of the Movements
components and ensuring respect for the emblems,
taking note of the existing decisions on resource mobilization and global
income generation, as well as the recommendations and suggestions made by
National Societies in the course of extensive testing of the draft Policy and
consultations, including that carried out at the 2003 Council of Delegates,
1. adopts the International Red Cross and Red Crescent Movement Policy for
Corporate Sector Partnerships 76 whose substantive provisions are included in
the Annex to this Resolution;
2. calls upon all components of the Movement to comply with this Policy when
entering into relationships with companies in which the component grants the
company the use of its name, emblem/logo or image;
3. recognizes that the Policy provides a set of minimum requirements for corporate
partnerships which the Movements components may supplement with more
restrictive policy decisions;

76 The full text of the Policy is located on FedNet, under: Working Together / ERC / Relationship
Development / Corporate Relations / Corporate Policy. The full text includes practical tools for the Policy's
implementation, which may further guide those establishing corporate partnerships on behalf of their organ-
ization. The substantive provisions contained in the Annex to this Resolution highlight the essential policy
elements of the full document.
ORGANIZATION OF NATIONAL SOCIETIES 855

4. calls upon the Movements components not to enter into partnerships with
companies engaged in activities that run counter to the Movements objectives
as defined by the Policys guiding criteria and to encourage partnerships with
companies meeting the desirable profile;
5. decides that all components of the Movement will assess potential corporate
partners using the screening process defined in the Policy;
6. decides that every corporate partnership will be agreed in writing, as defined in
the Policy.

SUBSTANTIVE PROVISIONS OF THE INTERNATIONAL RED CROSS


AND RED CRESCENT MOVEMENT POLICY FOR
CORPORATE SECTOR PARTNERSHIPS

Annex to Resolution 10
1. Purpose and scope
1.1 The Policy for Corporate Sector Partnerships (Policy) aims to establish a
framework for partnerships between companies and components of the
International Red Cross and Red Crescent Movement as herein defined:
1.1.1 The term partnership encompasses all relationships between a Movement
component and a company, in which the Movement component grants the
company the possibility of using its name, emblem/logo or image in its
communication and promotional materials, thereby potentially creating a
public association of image between the company and the Movement
component.77 Public association of image refers to any connection in the
mind of the public between the two organizations. Examples of partnerships
include:
Sponsorships: Relationships in which a company gives financial support to
a component of the Movement for a specific event, programme or project
and in return expects public association of image. These are considered to be
short-term, event-specific relationships.
Cause-related marketing: Relationships in which a company agrees to
donate a specific amount of sales revenue (or an equivalent thereof ) from a
product, service, or brand, to a component of the Movement in return for the
public association of its image with that of the Movement. These

77 The Policy does not apply to financial or in-kind donations or to commercial arrangements with sup-
pliers and service providers that do not entail a communication or promotional dimension which might
potentially create a public association of image. In these relationships, while there may be recognition of the
company's support, there must be no public association with the Red Cross or Red Crescent name, image
and Emblem/logo.
856 SECTION III

relationships are often highly advertised joint promotions, in which the


company persuades the public to buy a product, service, or brand using the
Movement components name and logo.
Strategic alliance: Relationships formed between a company and a
component of the Movement that are focused on jointly addressing a goal of
common interest (e.g., resolving a specific social problem) and involve the
public association of image. These relationships are often multifaceted, long-
term, and pool the complementary strengths of two organizations.
1.1.2 The term company encompasses state-owned enterprises as well as private
firms and their foundations. The term corporate refers to company.
1.1.3 The International Red Cross and Red Crescent Movement (the Movement)
is comprised of the International Committee of the Red Cross, all National
Red Cross and Red Crescent Societies and the International Federation
Secretariat.
1.2 The Policy applies to partnerships with the corporate sector within
individual countries (at local and national levels) and globally.
1.3 The Movement establishes partnerships with companies to encourage their
contribution towards protecting and improving the lives of vulnerable
people in the countries where they have business interests, and building
awareness of the Movements role in these countries. These partnerships also
provide an opportunity for the Movement to influence corporate behaviour
with respect to social issues through dialogue.
1.4 The Policy determines criteria for selecting corporate partners (selection
criteria), proposes an assessment process to screen companies against
these criteria (screening process) and defines terms for corporate
partnerships (partnership contracts). The Policy is intended to maximize
the Movements opportunities for working with the corporate sector whilst
ensuring the protection of its values, reputation and integrity.
2. Statutory Framework
2.1 The Policy is derived from the Mission and Fundamental Principles of the
Movement, from the Mandates of its components and from the Regulations
and Laws governing the use of the Emblem.
Humanitarian dialogue
2.2 The Statutory Framework encourages partners to enter into relationships
within the spirit of open dialogue on humanitarian issues. It also requires the
Movement components to include a direct or indirect advocacy component
in all partnerships.
2.3 Components of the Movement should encourage companies to behave in a
more socially responsible manner. This is particularly important in the case
of companies working to improve their image and relationship with civil
ORGANIZATION OF NATIONAL SOCIETIES 857

society. Where appropriate, the partnership can include assistance and


support to the company on the development and implementation of its
corporate social responsibility strategy.
Laws and Regulations on Emblem use
2.4 The Red Cross and Red Crescent Emblems are protected under international
law (1949 Geneva Conventions and 1977 Additional Protocols) and national
law, and are first and foremost an internationally recognized symbol of
protection during armed conflicts. Each Movement component is
responsible for preserving the Emblems unique protective function.
2.5 The 1991 Regulations on the Use of the Emblem,78 adopted both by the
Movement and all States party to the 1949 Geneva Conventions, outline the
conditions governing the use of the Emblem by National Societies and their
members.
2.6 In no circumstances can the protective and indicative use of the Emblem be
compromised and all agreements with companies must comply with these
regulations.
3. Selection Criteria
3.1 The Selection Criteria apply to the company with which the Movement
component enters into partnership. The Selection Criteria apply to a parent
company of a corporate partner only if it has a significant ownership stake or
voting power in the corporate partner. The Selection Criteria apply to a
subsidiary of the corporate partner only if the corporate partner has a
significant ownership stake or voting power in the subsidiary.
3.2 Potential partners are assessed against both guiding and desirable criteria:
3.3 Guiding Criteria
The criteria guiding the components of the Movement in deciding to
establish a partnership with a company are as follows: The corporate partner
must in no way be engaged knowingly or deliberately in activities running
counter to (i) the Movements objectives and Fundamental Principles,
(ii) principles of international humanitarian law 79 and (iii) internationally

78 The Regulations on the Use of the Emblem of the Red Cross or the Red Crescent by the National
Societies (here referred to as 'Regulations on the Use of the Emblem') were adopted by the 20th Red Cross
and Red Crescent International Conference (1965) and revised by the Council of Delegates (1991). In this
document, we refer to the revised version from 1991, which was also submitted to and approved by all the
States party to the Geneva Conventions and agreed to by the ICRC and the Federation at the 1993 Council of
Delegates (Resolution 8).
79 International humanitarian law (IHL) applies primarily in situations of armed conflict. It refers
principally to the four 1949 Geneva Conventions and the two 1977 Additional Protocols. While it must be
respected primarily by combatants (State and non-State bearers of weapons involved in the conduct of hos-
tilities), IHL also applies to private companies in cases where they are directly involved in hostilities, for
instance, through the hiring of military personnel. To learn more on whether a potential corporate partner
has violated IHL, refer to: www.preventconflict.org/portal/economics/portalhome.php
858 SECTION III

recognized standards as embodied in the Universal Declaration of Human


Rights of 1948, the Declaration on Fundamental Principles and Rights at
Work of 1998, the Convention on the Elimination of all Forms of Racial
Discrimination of 1965 and the Convention on the Elimination of
Discrimination against Women of 1979.
In situations of armed conflict, the components of the Movement shall avoid
entering into a corporate partnership that undermines the ability of the
Movement to operate, which may be the case if one party to the conflict
considers the corporate partners activities as partial and controversial.
Consistent with the Movements objectives and principles, no component of
the Movement shall establish a corporate partnership with a company, a
material part of whose business involves the manufacture or sale of arms and
ammunition. Other activities that may infringe the Movements objectives
and principles include cases where a company:
3.3.1 Has as its core business 80 the direct manufacture or sale of products publicly
recognized as deleterious to health.
3.3.2 Through its business practices, materially contributes to armed conflicts or
natural disasters.
3.3.3 Does not respect materially the local or national laws and regulations of the
countries where it operates.
3.3.4 Has major public controversies in the country where the partnership takes
place that would undermine the reputation, image or Emblems of the
Movement.81
3.4 Desirable profile
All components of the Movement will encourage partnerships with
companies:
3.4.1 Which respect the Movements humanitarian values and commit to a
programme of action to support its work.
3.4.2 Which are leaders in exhibiting corporate social responsibility through
policy and practice.
3.4.3 Who would respond positively to input from the Movement component
aimed at improving their business practices in a way that promotes social
responsibility.
3.4.4 Whose products and services relate to the Movement components mission
or activity; and who would be the best possible partner in helping the

80 There are varying definitions of core business. KLD Research has defined it as 15% of annual revenues
for retailers. Michael Jantzi Research Associates Inc. has defined it as 5% of annual revenues from sales.
81 Article 23 (d) of The Regulations on the Use of the Emblem states that the company concerned
must in no way be engaged in activities running counter to the Movement's objectives and Principles or
which might be regarded by the public as controversial.
ORGANIZATION OF NATIONAL SOCIETIES 859

component to achieve the aims, increase its reach and enhance awareness of
its work.
3.4.5 Which are committed to volunteer action.
3.4.6 Which promote the education, health and social welfare of their employees
to an extent that goes beyond what the law requires.
3.4.7 Which promote responsible production and use of their products and
services and adhere to the principles of sustainable development.82
3.4.8 Which have a positive image, good reputation and a track record of good
ethical behaviour.
4. Screening process
4.1 All components of the Movement screen potential corporate partners against
the criteria defined in Section 3. All Movement components positively
welcome constructive criticism on their partnerships and being screened in
a similar manner by any potential corporate partner.
4.2 The potential corporate partner is the point of contact for obtaining
information for screening, including information pertaining to relevant
parent and subsidiary companies required to meet the Guiding Criteria, as
per section 3.
4.3 The decision as to whether a company fulfils the requirements of this Policy
is made on the best available information collected from credible sources
during the research and takes into account the time period to which data
relates.
4.4 Although an organizations past will be considered as part of this review, its
recent performance is most significant. Past performance can be mitigated
by more recent commitment to positive change. The component should take
account of action by the organization to resolve problems, together with
opportunities for the component to assist with this.
4.5 All components of the Movement will continue to monitor the results of the
screening and reserve the right to reassess any relationship in the light of new
or previously unseen information, as set out in the Partnership Contract.
Screening procedure
4.6 Components will apply the following procedure to all potential partnerships:
4.6.1 As far as possible through shared data systems, find out whether any other
Movement component has previously screened the company. Depending on
the detail and how recently this information was obtained, further screening
may still be required.

82 Sustainable Development is defined as development that meets the needs of the present without
compromising the ability of future generations to meet their own needs. (World Commission on
Environment and Development, 1987).
860 SECTION III

4.6.2 Gather information from external sources and from the company itself. 83
a) Obtain the companys annual report and accounts.
b) Consult a minimum of three independent, credible sources, which
should include a general search engine, reputable international and local
media, and credible and relevant NGOs.
c) Invite the company to submit any information they wish to give relating
to the selection criteria and their corporate social responsibility agenda.
4.6.3 It is recommended that Movement components also seek the advice of
professional, independent, specialized rating agencies, advised by the
Federation and the ICRC.
4.6.4 For multinational partnerships 84 the Movement component researching the
partnership must inform any other potential stakeholders within the
Movement at this stage.
4.6.5 In cases where a Movement component wishes to establish a partnership that
involves joint-activities or visibility in a country affected by armed conflict or
internal strife, the partnership must be discussed with the ICRCs head of
delegation in that country prior to agreement, to ensure compliance with
Guiding Criteria.
4.7 If the screening process reveals that the potential partner does not meet the
criteria in 3.3, the Movement component will not pursue the partnership.
4.8 All Movement components will have a clear decision-making process to
determine whether to develop a partnership, based on the results of the
screening process. It is recommended that a final decision be taken by a
senior manager where concerns or controversy remain.
5. Partnership contract
5.1 Every corporate partnership within the scope of this Policy must be agreed
in writing. Partnership contracts can be based on the sample Corporate
Partnership Contracts for Sponsorships, Cause Related Marketing relation-
ships and Strategic Alliances as provided in the Policy.
5.2 When negotiating partnership contracts the Movement component must bear
in mind the value of an association with the International Red Cross and Red
Crescent Movement. This value must be reflected in the terms of the agreement
and in the financial and non-financial contribution made by the company.

83 In cases where a company is not comfortable sharing information about itself, a system of good faith
can be used. In this case, a company will not be required to reveal its information but will be requested to state
that it fulfils the Guiding Criteria and that it will continue to meet them throughout the terms of the agree-
ment, as per 5.3.4. Alternatively, signing a confidentiality agreement (See Sample Document VI of the Policy
for further reference) might also be considered to facilitate the information sharing process.
84 Multinational partnerships are partnerships which involve a multinational company and more than
one National Society. These partnerships require the involvement of the International Federation
(10th General Assembly, 1995).
ORGANIZATION OF NATIONAL SOCIETIES 861

5.3 Mandatory elements for Movement components partnership contracts:


5.3.1 All parties to the agreement must be explicitly stated. In particular:
a) The corporate partner signing the agreement must be the entity that is
undertaking the roles and responsibilities set out in the agreement.
b) Each Movement component is a separate legal entity and in order to be a
party to the agreement must individually sign it.
5.3.2 The corporate partner will not infringe the Movements objectives and
principles.
5.3.3 Acknowledgement that the use of the Red Cross and Red Crescent names
and emblems will conform to Article 23 of the Regulations on the Use of the
Emblem and control of these will be maintained by the Movement
component throughout the agreement with the right to review and amend all
communications before use.
5.3.4 The company should confirm that its activities do not materially infringe the
principles set out in paragraph 3.3.
5.3.5 Termination clauses which allow the Movement component immediate and
public withdrawal from the partnership if:
a) The company commits a significant breach of the contract, in particular
if it no longer fulfils the Guiding Criteria.
b) Continued association will bring any component of the Movement into
disrepute because of a change in the companys behaviour or public
perception of its practices.
5.3.6 Acknowledgement that partnership between a Movement component and
the company should in no way lead to the belief that the Movement or any of
its components endorse 85 the company, its products, policies or services.
5.3.7 Acknowledgement that no Movement component can grant formal, open-
ended exclusivity 86 to any company, or accept limitations on developing
partnerships with other companies. In certain instances, granting exclusivity
for a specific purpose over a defined period of time may be appropriate
within the scope of activities undertaken.
5.3.8 Acknowledgement that the Movement component is under no obligation to
buy the products, goods or services of the company as a result of the
agreement. Any commercial transaction with the company will be subject to
a separate agreement.

85 Endorse: This refers to a situation in which the Movement component is seen as providing a sign of
formal and explicit approval of the products, policies or services of a company. As per Article 23 of the
Emblem Regulations, 'no confusion must be created in the mind of the public between the company's activ-
ities or the quality of its products and the Emblem or the National Society itself '.
86 Exclusivity: a situation in which a Movement component agrees that the corporate partner will be its
sole partner for an unspecified period of time.
862 SECTION III

5.4 Recommended elements for partnership contracts


5.4.1 The length of the contract/partnership.
5.4.2 The recognition which the Movement component will give the company in
return for its support. This recognition will be commensurate with the level
of support from the company.
5.4.3 Description of any other potential partners (such as contractors) who may
become involved in the partnership. The Movement component may choose
to screen any of these partners.
5.4.4 Terms for the handling of unforeseen events and disputes.
5.4.5 Acknowledgement that the company will minimize financial and
commercial risks for the Movement component, including potential fiscal
and tax issues.
5.4.6 A designated point of contact within the company to manage the
partnership.
5.4.7 Acknowledgement that the company cannot assign this contract to another
legal entity if it is acquired by another company, goes into voluntary or
compulsory liquidation, or if a receiver is appointed over all or part of the
business of the company.
5.4.8 For cause related marketing relationships, acknowledgement that the
corporate partner will agree to keep (separately) all financial records
pertaining to the partnership and to give the Movement component access to
these upon request. The Movement component reserves the right to
commission an independent audit of the companys books in relation to the
partnership. The audit should be paid for by the company. The company
should also make available to consumers complete and accurate information
on how any purchase results in a donation, including the amount of that
donation.
5.4.9 The amount of income which will be made available as an up front donation,
if there is one.
5.4.10 Acknowledgement that the partnership will be subject to monitoring, review
and evaluation by both partners at regular intervals throughout the period of
the agreement and formally, at the end of the partnership.

6. Implementation
6.1 This Policy is intended to be implemented at all levels of the Movement
(local, national, international).
6.2 Each component of the Movement the Federation, the ICRC and National
Societies is individually responsible for implementing the Policy, and
instructing its volunteers and staff accordingly.
6.3 The Federation Secretariat and the ICRC will ensure dissemination of the
Policy to all components of the Movement; the National Societies are
ORGANIZATION OF NATIONAL SOCIETIES 863

responsible for disseminating the Policy internally to local chapters and


branches and for monitoring its correct application.
6.4 The Federation Secretariat and the ICRC will be responsible for ensuring
that the Policy is fully respected and implemented by the Movement as a
whole. They will facilitate Movement components sharing their experience
using the Policy, and review its implementation across the Movement.
6.5 Monitoring corporate sector partnerships and use of the Policy will form
part of the National Society self-assessment process, and as such will be
reviewed regularly.
6.6 Based on the review described in 6.5, the Federation Secretariat and the
ICRC will analyse the Policys implementation and will make recommenda-
tions for improvement of the Policy to the Council of Delegates.
6.7 All components of the Movement are responsible for informing other
Movement components of their relationships with multinational companies.
National Societies are responsible for keeping the Federation Secretariat
informed on these matters.
6.8 This Policy applies from the date of its adoption, to any new partnership
contract or renewal or extension thereof.
6.9 It is recommended that the Policy be applied during the various stages of
corporate partnership building.
864 SECTION III

III

GUIDANCE DOCUMENT ON RELATIONS BETWEEN


THE COMPONENTS OF THE MOVEMENT AND MILITARY BODIES

(Council of Delegates, Seoul, 2005, Resolution 7)

The Council of Delegates,


recalling Action 15 of the 2001 Strategy for the International Red Cross and Red
Crescent Movement on the Movements relations with key players in the political
and military sphere and the need to establish and maintain appropriate
mechanisms for consultation and coordination,
recognizing the continuing work of the International Committee of the Red
Cross (ICRC), the International Federation of Red Cross and Red Crescent
Societies (International Federation) and National Red Cross and Red Crescent
Societies to identify a clearer and more comprehensive understanding of the status
of National Societies as auxiliaries to the public authorities in the humanitarian
field, in relation to Action 14 of the 2001 Strategy for the Movement and
Resolution 6 of the 2003 Council of Delegates, always respecting the Fundamental
Principles,
considering that all components of the Movement frequently interact with
military bodies in times of armed conflict or internal strife, in the course of natural
and/or technological disasters, as well as in non-emergency peacetime situations,
considering also the need to have common guidance that provides general
direction to all components of the Movement on the interaction between the
components of the Movement and military bodies, both in national and in
international contexts,
expressing its appreciation for the initiative of a number of National Societies,
the ICRC and the International Federation in working on this subject and
preparing the annexed guidance document on relations between the components
of the Red Cross and Red Crescent Movement and military bodies,
1. adopts the annexed guidance document on relations between the components
of the Movement and military bodies;
2. requests the components of the Movement to use the annexed guidance
document on relations between the components of the Movement and military
bodies in their internal reflections as a basis prior to taking decisions on their
interaction with military bodies;
3. further requests all components of the Movement to use the document as well in
their discussions with external interlocutors regarding their interaction with
military bodies;
ORGANIZATION OF NATIONAL SOCIETIES 865

4. invites the components of the Movement to consult governments and military


bodies in a continuing dialogue on the basis of the annexed guidance document;
5. further invites the components of the Movement to share among each other the
substance and results of their dialogue and decisions regarding interaction with
military bodies, so that the outcome of such consultations is taken into due
account in the report to the 2007 International Conference on the National
Societies as auxiliaries to the public authorities in the humanitarian field and,
consequently;
6. invites the International Federation of Red Cross and Red Crescent Societies to
take into account the experience and dialogue between components of the
Movement and the public authorities or military bodies, in the ongoing study
regarding the role of National Societies as auxiliaries to the public authorities in
the humanitarian field that is presently being conducted by the International
Federation in consultation with the ICRC and National Societies.

RELATIONS BETWEEN THE COMPONENTS OF THE MOVEMENT AND


MILITARY BODIES 87

Annex to Resolution 7
Part I: Introduction
1. Strategy for the Movement
The present document constitutes a follow-up to Action 15 of the 2001 Strategy
for the International Red Cross and Red Crescent Movement, adopted in
Resolution 3 of the 2001 Council of Delegates. It responds to the Strategys
statement that, when establishing cooperative relationships with governments or the
military, the Movements components should make sure that they promote effective
assistance and protection of victims of conflict and vulnerable people, and that they
respect the Fundamental Principles of the Red Cross and Red Crescent.
Particularly in contexts where there is a trend towards integrating humanitarian
action into a wider political and military framework, it is essential for the Movement
to retain its identity as an independent, neutral and impartial humanitarian force. In
situations where there are military operations, the components of the Movement need
to clearly delineate their humanitarian activities from those carried out by military
bodies and to explain their modus operandi to the latter.88

87 The present document relates to all bodies and groups carrying out military tasks and operations

88 Action 15 of the Strategy for the International Red Cross and Red Crescent Movement - The implemen-
tation of this action does not affect the obligations of National Societies working as auxiliaries to the medical
services of the armed forces, in accordance with Article 26 of the First Geneva Convention (see Part III.1).
866 SECTION III

This document provides guidance aimed at enabling the Movement to preserve


its identity and to coordinate its activities as far as possible with other entities,
without compromising respect for the Fundamental Principles.
2. The Red Cross and Red Crescent Movement
National Red Cross and Red Crescent Societies, the International Committee of
the Red Cross (ICRC) and the International Federation of Red Cross and Red
Crescent Societies are components of the International Red Cross and Red
Crescent Movement. The humanitarian mission of the Movement is to prevent and
alleviate human suffering wherever it is found, by means of independent, neutral
and impartial humanitarian action.
The mandates of the Movements three components are specified in its
Statutes. 89 When fulfilling their mission and on the basis of their mandates, all
components frequently interact with military bodies. In order to facilitate this
interaction, the components generally maintain a dialogue with them. The
components may establish and maintain cooperative relationships in order to carry
out their mission.
3. Purpose and scope
The purpose of the present document is to provide general guidance on the
relationship between the components of the Movement and military bodies, both
in the national and international contexts. This relationship can arise in all kinds of
situations: non-emergency peacetime, armed conflict, internal strife or other
violence, and natural and/or technological disasters. Although a number of
examples of interaction between the Movement and the military are explored
below, these are not exhaustive. This document should be taken into account in all
decisions by the Movements components concerning their relations with military
bodies. Its aim is to safeguard the independence, neutrality and impartiality of their
humanitarian work.
4. General framework
In their relationships with military bodies, the Movements components ensure
that they promote effective assistance for and protection of the victims of conflict
and vulnerable people, and that they respect the Fundamental Principles, in
particular those of humanity, impartiality, neutrality and independence.
Relations between the Movements components and military bodies must be
conducted in particular within the following framework:
the Fundamental Principles of the International Red Cross and Red
Crescent Movement
international humanitarian law (IHL), especially the four Geneva
Conventions of 1949 and their Additional Protocols
the Statutes of the International Red Cross and Red Crescent Movement

89 Statutes of the International Red Cross and Red Crescent Movement, in particular Articles 3 to 7.
ORGANIZATION OF NATIONAL SOCIETIES 867

the Code of Conduct for the International Red Cross and Red Crescent
Movement and NGOs in Disaster Relief
the Principles and Rules for Red Cross and Red Crescent Disaster Relief
the Seville Agreement 90 and other mechanisms in force for coordination
within the Movement
other relevant resolutions and regulations adopted by the International
Conference of the Red Cross and Red Crescent and the Council of
Delegates, in particular on armed escorts 91 and the use of the emblems.92
Part II: Guiding principles
Principles guiding interaction between the components of the Movement and
military bodies
In carrying out their mission, it is recognized that the components of the
Movement often interact with military bodies. They do so on the basis of their
mandates in areas relevant to their respective recognized roles and expertise. The
guiding principles for such interaction are the following:
while maintaining a dialogue with armed forces at all levels, the components
of the Movement preserve their independence of decision-making and
action, in order to ensure adequate access to all people in need of
humanitarian assistance 93
when establishing and maintaining relationships with military bodies, the
components of the Movement ensure that such relationships seek to
enhance effective assistance to and protection of the victims of armed
conflict and vulnerable people
all components of the Movement ensure that their decisions are taken with
due consideration for potential consequences for other components and the
positioning of the whole Movement
all components of the Movement ensure that they act and are perceived as
acting in accordance with the Fundamental Principles, in particular
independence, neutrality and impartiality

90 Agreement on the Organization of the International Activities of the Components of the International
Red Cross and Red Crescent Movement, Council of Delegates Resolution 6, Seville, 1997.
91 Resolution 9, Council of Delegates, Geneva, 1995
92 Resolution 5, Council of Delegates, Budapest, 1991.
93 It is recognized that National Society personnel, when acting as auxiliaries to the military medical serv-
ices, are subject to military command (see Article 26 of the First Geneva Convention: The staff of National
Red Cross Societies and that of other Voluntary Aid Societies, duly recognized and authorized by their
Governments, who may be employed on the same duties as the personnel named in Article 24, are placed on
the same footing as the personnel in the said Article, provided that the staff of such societies are subject to
military laws and regulations. Each High Contracting Party shall notify to the other, either in time of peace
or at the commencement of or during hostilities, but in any case before actually employing them, the names
of the societies which it has authorized, under its responsibility, to render assistance to the regular medical
service of its armed forces.).
868 SECTION III

each component favours a clear distinction between the respective roles of


military bodies and humanitarian actors, paying particular attention to
perceptions locally and within the wider public
in their relations with military bodies, the components of the Movement
ensure that their activities do not amount to a contribution to the military
effort and are not perceived as such
the more military bodies are perceived as party to an armed conflict, the
more the components of the Movement weigh the intensified need for
interaction with those bodies against the consequences of such relations on
their observance of the Fundamental Principles
the Movements components always take care that their relationship with
military bodies does not negatively affect the safety and security of
beneficiaries and humanitarian personnel.

Part III: Specific considerations


1. Relations between the Movements components and military bodies on the
latters national territory
Dialogue
National Societies generally maintain a dialogue with the military bodies in
their respective countries. They exchange views and information on areas of
possible interaction, including working methods and scope of activities, with a
view to establishing mutual understanding of roles and mandates and mutual trust
and respect. When other components of the Movement have contact with these
military bodies on the territory covered by these National Societies, they must keep
them informed of any activities planned or conducted.
Components of the Movement may establish formal agreements or other
arrangements with military bodies concerning issues such as dissemination,
disaster-preparedness and response, health, social welfare services, first-aid
training, and tracing.
Activities
On the basis of their mandates, the components of the Movement often interact
with military bodies. Appropriate interaction includes:
disseminating knowledge of IHL (including provisions on the emblems),
the Fundamental Principles, and the mandates and activities of the
components of the Movement
helping military bodies to implement IHL

ICRC work in accordance with its specific mandate and role

working with military bodies in disaster-preparedness and -response, in


accordance with the policies and framework set out at the national level
health and social welfare services, as well as first-aid training
ORGANIZATION OF NATIONAL SOCIETIES 869

tracing services, restoring family links and ascertaining the fate of missing
persons.
National Societies as auxiliaries to the medical services of the armed forces
According to Article 26 of the First Geneva Convention, a National Society may
assist its national armed forces medical services during an armed conflict. 94 The
National Society personnel then operate under the authority of the armed forces,
while strictly adhering to the Fundamental Principles. In this auxiliary capacity, the
main role of National Societies is to carry out medical activities on behalf of
wounded and sick military personnel.
2. Relations between the Movements components and the military deployed
outside the latters national territory
Dialogue with military bodies
When components of the Movement engage in a dialogue with military bodies
at the international level, they inform and consult other components of the
Movement for whom such dialogue can have operational implications.
International activities of the Movements components
All Movement components involved in international activities must safeguard
the neutrality and independence of their work and clearly distinguish themselves
from military bodies at all times. Movement coordination agreements and
mechanisms must always be observed. National Societies working internationally
(other than in the situation described by Article 26 of the First Geneva Convention)
in the same theatre of operations as their national military forces take special care
that they are not, and are not perceived to be, part of that military operation. This
is particularly important if the armed forces in question are, or are perceived as
being, party to the armed conflict.
Military bodies involved in missions outside their national territory
As a matter of principle, special attention should be given to avoiding a situation
in which a National Society is concurrently operating, within in the same country,
as part of its national armed forces and as part of a humanitarian operation carried
out collectively by the Movement.
In international armed conflicts or internationally mandated missions, a
National Society may accompany the armed forces of its country abroad in its
capacity as an auxiliary to the medical services of the armed forces. In such cases it
should come to an agreement with the authorities of its country on the scope and
manner of its involvement. National Societies who feel it is not their task to become
involved in such operations, or who base their decision on whether to participate
on certain criteria, inform their authorities of their position well in advance in
order to enable the relevant military bodies to adequately plan possible operations
of this type.

94 The decision of the National Society is based on the Guiding Principles as set out above.
870 SECTION III

Where there is a trend towards integrating humanitarian action into a wider


political and military framework, components of the Movement promote and
safeguard a clear distinction between their humanitarian work and the
military/political actions of others.
When one of the parties to an international armed conflict occupies part or all
of the territory of another party to an armed conflict, the National Society of the
occupying country must follow the policies and coordination mechanisms of the
Movement, except in situations where it is acting under Article 26 of the First
Geneva Convention.
Where military bodies are involved in disaster-response abroad and the
National Society is asked to assist them in this, it makes its decision in accordance
with the general framework and guiding principles set out above.
3. Information-sharing with military bodies
When relevant, components of the Movement share with military bodies with
whom they are in contact information on the situation in humanitarian terms,
provided that this does not threaten the neutrality and independence of their
humanitarian action.
4. Participation in training and exercises
Components of the Movement may participate in military training and
exercises. When they do so, the purpose is to raise awareness among military
bodies of the mandate(s) and activities of the Movements components, 95 the
Fundamental Principles and the protective role of the emblems, and to promote
IHL. Whenever more than one component of the Movement is engaged in an
exercise, they keep each other informed and duly coordinate their activities.
Participation in exercises may also serve to promote mutual understanding
between components of the Movement and military bodies.
5. Use of the emblems
Components of the Movement must promote correct use of the emblems by all,
including military bodies, and make widely known the provisions of IHL regarding
legitimate use.
6. Use of military logistical assets by components of the Movement
In contexts affected by armed conflict or strife or other violence, the use of
military assets can have a negative impact on the way the whole Movement is
perceived and on the independence of its decision-making. In other situations,
such use may be in greater accordance with the Fundamental Principles. Even then,
however, it may create precedents of cooperation that might be difficult to change
subsequently.

95 In particular the role of National Societies in disaster-preparedness and disaster-response.


ORGANIZATION OF NATIONAL SOCIETIES 871

In all cases, due consideration needs to be given to the setting of precedents, the
need to preserve neutral and independent humanitarian action and the need to
consult other components of the Movement. 96
The use of military assets by a component of the Movement particularly in
countries affected by armed conflict and/or strife or other violence should be a
last resort: it can be justified only by the serious and urgent need for life-saving
humanitarian action and when there is no alternative means of taking that action.
Such a serious decision must be taken by the senior leadership of the organization
concerned. Any use of military assets should be prompted by needs rather than by
availability.
7. Use of escorts and armed protection
Components of the Movement may not resort to armed protection. Exceptions
can be considered only in cases defined by Resolution 9 of the 1995 Council of
Delegates. 97

96 The ICRC often provides contextualized guidance on such matters.


97 The criteria are set out in the Report on the Use of Armed Protection for Humanitarian Assistance,
adopted by the Council of Delegates (1995, Resolution 9). The Council of Delegates endorsed the guiding
principles laid down in Section III of the report and particularly the minimal criteria laid down for the excep-
tional use of armed protection of humanitarian convoys.
872 SECTION III

IV

THE CODE OF CONDUCT FOR THE INTERNATIONAL RED CROSS AND


RED CRESCENT MOVEMENT AND NON-GOVERNMENTAL
ORGANIZATIONS (NGOs) IN DISASTER RELIEF

(Approved by the Council of Delegates, Birmingham, 1993 - Resolution 6;


see also, Principles and action in international humanitarian assistance and
protection, 26th International Conference of the Red Cross and Red Crescent,
Geneva, 1995, Resolution 4, E)
Prepared jointly by the International Federation of Red Cross and Red Crescent
Societies and the International Committee of the Red Cross98

Purpose
This Code of Conduct seeks to guard our standards of behaviour. It is not about
operational details, such as how one should calculate food rations or set up a
refugee camp. Rather, it seeks to maintain the high standards of
independence, effectiveness and impact to which disaster response NGOs
and the International Red Cross and Red Crescent Movement aspires. It is
a voluntary code, enforced by the will of each organization accepting it to
maintain the standards laid down in the Code.
In the event of armed conflict, the present Code of Conduct will be interpreted
and applied in conformity with international humanitarian law.
The Code of Conduct is presented first. Attached to it are three annexes,
describing the working environment that we would like to see created by Host
Governments, Donor Governments and Intergovernmental Organizations in
order to facilitate the effective delivery of humanitarian assistance.

Definitions
NGOs: NGOs (Non-Governmental Organizations) refers here to organizations,
both national and international, which are constituted separate from the govern-
ment of the country in which they are founded.
NGHAs: For the purposes of this text, the term Non-Governmental Humanitarian
Agencies (NGHAs) has been coined to encompass the components of the
International Red Cross and Red Crescent Movement The International
Committee of the Red Cross, The International Federation of Red Cross and Red

98 Sponsored by: Caritas Internationalis*, Catholic Relief Services*, International Federation of Red Cross
and Red Crescent Societies*, International Save the Children Alliance*, Lutheran World Federation*,
Oxfam*, The World Council of Churches*, The International Committee of the Red Cross. (* members of the
Steering Committee for Humanitarian Response)
ORGANIZATION OF NATIONAL SOCIETIES 873

Crescent Societies and its member National Societies and the NGOs as defined
above. This code refers specifically to those NGHAs who are involved in disaster
response.
IGOs: IGOs (Intergovernmental Organizations) refers to organizations constituted
by two or more governments. It thus includes all United Nations Agencies and
regional organizations.
Disasters: A disaster is a calamitous event resulting in loss of life, great human suf-
fering and distress, and large scale material damage.

The Code of Conduct: Principles of Conduct for The International Red Cross
and Red Crescent Movement and NGOs in Disaster Response Programmes
1. The humanitarian imperative comes first
The right to receive humanitarian assistance, and to offer it, is a fundamental
humanitarian principle which should be enjoyed by all citizens of all countries. As
members of the international community, we recognize our obligation to provide
humanitarian assistance wherever it is needed. Hence the need for unimpeded
access to affected populations, is of fundamental importance in exercising that
responsibility. The prime motivation of our response to disaster is to alleviate
human suffering amongst those least able to withstand the stress caused by disaster.
When we give humanitarian aid it is not a partisan or political act and should not
be viewed as such.
2. Aid is given regardless of the race, creed or nationality of the recipients
and without adverse distinction of any kind. Aid priorities are calculated
on the basis of need alone
Wherever possible, we will base the provision of relief aid upon a thorough
assessment of the needs of the disaster victims and the local capacities already in place
to meet those needs. Within the entirety of our programmes, we will reflect
considerations of proportionality. Human suffering must be alleviated whenever it is
found; life is as precious in one part of a country as another. Thus, our provision of aid
will reflect the degree of suffering it seeks to alleviate. In implementing this approach,
we recognize the crucial role played by women in disaster-prone communities and
will ensure that this role is supported, not diminished, by our aid programmes. The
implementation of such a universal, impartial and independent policy, can only be
effective if we and our partners have access to the necessary resources to provide for
such equitable relief, and have equal access to all disaster victims.
3. Aid will not be used to further a particular political or religious
standpoint
Humanitarian aid will be given according to the need of individuals, families
and communities. Not withstanding the right of NGHAs to espouse particular
political or religious opinions, we affirm that assistance will not be dependent on
the adherence of the recipients to those opinions. We will not tie the promise,
874 SECTION III

delivery or distribution of assistance to the embracing or acceptance of a particular


political or religious creed.
4. We shall endeavour not to act as instruments of government foreign policy
NGHAs are agencies which act independently from governments. We therefore
formulate our own policies and implementation strategies and do not seek to
implement the policy of any government, except in so far as it coincides with our own
independent policy. We will never knowingly or through negligence allow
ourselves, or our employees, to be used to gather information of a political, military
or economically sensitive nature for governments or other bodies that may serve
purposes other than those which are strictly humanitarian, nor will we act as
instruments of foreign policy of donor governments. We will use the assistance we
receive to respond to needs and this assistance should not be driven by the need to
dispose of donor commodity surpluses, nor by the political interest of any particular
donor. We value and promote the voluntary giving of labour and finances by
concerned individuals to support our work and recognize the independence of
action promoted by such voluntary motivation. In order to protect our
independence we will seek to avoid dependence upon a single funding source.
5. We shall respect culture and custom
We will endeavour to respect the culture, structures and customs of the
communities and countries we are working in.
6. We shall attempt to build disaster response on local capacities
All people and communities even in disaster possess capacities as well as
vulnerabilities. Where possible, we will strengthen these capacities by employing
local staff, purchasing local materials and trading with local companies. Where
possible, we will work through local NGHAs as partners in planning and
implementation, and cooperate with local government structures where
appropriate. We will place a high priority on the proper coordination of our
emergency responses. This is best done within the countries concerned by those
most directly involved in the relief operations, and should include representatives
of the relevant UN bodies.
7. Ways shall be found to involve programme beneficiaries in the management
of relief aid
Disaster response assistance should never be imposed upon the beneficiaries.
Effective relief and lasting rehabilitation can best be achieved where the intended
beneficiaries are involved in the design, management and implementation of the
assistance programme. We will strive to achieve full community participation in
our relief and rehabilitation programmes.
8. Relief aid must strive to reduce future vulnerabilities to disaster as well as
meeting basic needs
All relief actions affect the prospects for long-term development, either in a
positive or a negative fashion. Recognizing this, we will strive to implement relief
ORGANIZATION OF NATIONAL SOCIETIES 875

programmes which actively reduce the beneficiaries vulnerability to future


disasters and help create sustainable lifestyles. We will pay particular attention to
environmental concerns in the design and management of relief programmes. We
will also endeavour to minimize the negative impact of humanitarian assistance,
seeking to avoid long-term beneficiary dependence upon external aid.
9. We hold ourselves accountable to both those we seek to assist and those
from whom we accept resources
We often act as an institutional link in the partnership between those who wish
to assist and those who need assistance during disasters. We therefore hold
ourselves accountable to both constituencies. All our dealings with donors and
beneficiaries shall reflect an attitude of openness and transparency. We recognize
the need to report on our activities, both from a financial perspective and the
perspective of effectiveness. We recognize the obligation to ensure appropriate
monitoring of aid distributions and to carry out regular assessments of the impact
of disaster assistance. We will also seek to report, in an open fashion, upon the
impact of our work, and the factors limiting or enhancing that impact. Our
programmes will be based upon high standards of professionalism and expertise in
order to minimize the wasting of valuable resources.
10. In our information, publicity and advertising activities, we shall recognize
disaster victims as dignified humans, not hopeless objects
Respect for the disaster victim as an equal partner in action should never be
lost. In our public information we shall portray an objective image of the disaster
situation where the capacities and aspirations of disaster victims are highlighted,
and not just their vulnerabilities and fears. While we will cooperate with the media
in order to enhance public response, we will not allow external or internal demands
for publicity to take precedence over the principle of maximizing overall relief
assistance. We will avoid competing with other disaster response agencies for
media coverage in situations where such coverage may be to the detriment of the
service provided to the beneficiaries or to the security of our staff or the
beneficiaries.

The Working Environment


Having agreed unilaterally to strive to abide by the Code laid out above, we
present below some indicative guidelines which describe the working environment
we would like to see created by donor governments, host governments and the
intergovernmental organizations principally the agencies of the United Nations
in order to facilitate the effective participation of NGHAs in disaster response.
These guidelines are presented for guidance. They are not legally binding, nor
do we expect governments and IGOs to indicate their acceptance of the guidelines
through the signature of any document, although this may be a goal to work to in
the future. They are presented in a spirit of openness and cooperation so that our
partners will become aware of the ideal relationship we would seek with them.
876 SECTION III

Annex I : Recommendations to the governments of disaster affected countries


1. Governments should recognize and respect the independent, humanitarian
and impartial actions of NGHAs
NGHAs are independent, bodies. This independence and impartiality should
be respected by host governments.
2. Host governments should facilitate rapid access to disaster victims for
NGHAs
If NGHAs are to act in full compliance with their humanitarian principles, they
should be granted rapid and impartial access to disaster victims, for the purpose of
delivering humanitarian assistance. It is the duty of the host government, as part of
the exercising of sovereign responsibility, not to block such assistance, and to
accept the impartial and apolitical action of NGHAs. Host governments should
facilitate the rapid entry of relief staff, particularly by waiving requirements for
transit, entry and exit visas, or arranging that these are rapidly granted.
Governments should grant over-flight permission and landing rights for aircraft
transporting international relief supplies and personnel, for the duration of the
emergency relief phase.
3. Governments should facilitate the timely flow of relief goods and
information during disasters
Relief supplies and equipment are brought into a country solely for the purpose
of alleviating human suffering, not for commercial benefit or gain. Such supplies
should normally be allowed free and unrestricted passage and should not be subject
to requirements for consular certificates of origin or invoices, import and/or export
licences or other restrictions, or to importation taxation, landing fees or port charges.
The temporary importation of necessary relief equipment, including vehicles,
light aircraft and telecommunications equipment, should be facilitated by the
receiving host government through the temporary waving of licence or registration
restrictions. Equally, governments should not restrict the re-exportation of relief
equipment at the end of a relief operation.
To facilitate disaster communications, host governments are encouraged to
designate certain radio frequencies, which relief organizations may use in-country
and for international communications for the purpose of disaster communications,
and to make such frequencies known to the disaster response community prior to
the disaster. They should authorize relief personnel to utilize all means of
communication required for their relief operations.
4. Governments should seek to provide a coordinated disaster information
and planning service
The overall planning and coordination of relief efforts is ultimately the
responsibility of the host government. Planning and coordination can be greatly
enhanced if NGHAs are provided with information on relief needs and
government systems for planning and implementing relief efforts as well as
ORGANIZATION OF NATIONAL SOCIETIES 877

information on potential security risks they may encounter. Governments are


urged to provide such information to NGHAs.
To facilitate effective coordination and the efficient utilization of relief efforts,
host governments are urged to designate, prior to disaster, a single point-of-contact
for incoming NGHAs to liaise with the national authorities.
5. Disaster relief in the event of armed conflict
In the event of armed conflict, relief actions are governed by the relevant
provisions of international humanitarian law.

Annex II : Recommendations to donor governments


1. Donor governments should recognize and respect the independent,
humanitarian and impartial actions of NGHAs
NGHAs are independent bodies whose independence and impartiality should
be respected by donor governments. Donor governments should not use NGHAs
to further any political or ideological aim.
2. Donor governments should provide funding with a guarantee of
operational independence
NGHAs accept funding and material assistance from donor governments in the
same spirit as they render it to disaster victims; one of humanity and independence
of action. The implementation of relief actions is ultimately the responsibility of the
NGHA and will be carried out according to the policies of that NGHA.
3. Donor governments should use their good offices to assist NGHAs in
obtaining access to disaster victims
Donor governments should recognize the importance of accepting a level of
responsibility for the security and freedom of access of NGHA staff to disaster
sites. They should be prepared to exercise diplomacy with host governments on
such issues if necessary.

Annex III : Recommendations to intergovernmental organizations


1. IGOs should recognize NGHAs, local and foreign, as valuable partners
NGHAs are willing to work with UN and other intergovernmental agencies to
effect better disaster response. They do so in a spirit of partnership which respects
the integrity and independence of all partners. Intergovernmental agencies must
respect the independence and impartiality of the NGHAs. NGHAs should be
consulted by UN agencies in the preparation of relief plans.
2. IGOs should assist host governments in providing an overall coordinating
framework for international and local disaster relief
NGHAs do not usually have the mandate to provide the overall coordinating
framework for disasters which require an international response. This
878 SECTION III

responsibility falls to the host government and the relevant United Nations
authorities. They are urged to provide this service in a timely and effective manner
to serve the affected state and the national and international disaster response
community. In any case, NGHAs should make all efforts to ensure the effective co-
ordination of their own services.
In the event of armed conflict, relief actions are governed by the relevant
provisions of international humanitarian law.
3. IGOs should extend security protection provided for UN organizations, to
NGHAs
Where security services are provided for intergovernmental organizations, this
service should be extended to their operational NGHA partners where it is so
requested.
4. IGOs should provide NGHAs with the same access to relevant information
as is granted to UN organizations
IGOs are urged to share all information, pertinent to the implementation of
effective disaster response, with their operational NGHA partners.
ORGANIZATION OF NATIONAL SOCIETIES 879

ARMED PROTECTION OF HUMANITARIAN ASSISTANCE

(Council of Delegates, Geneva, 1995, Resolution 9)

The Council of Delegates,


recalling Resolution 5 of the 1993 Council of Delegates calling upon the
International Committee of the Red Cross and the International Federation of Red
Cross and Red Crescent Societies to form a joint working group to study the issue
of armed protection for humanitarian assistance and asking that working group to
report back to the ICRC and the International Federation, as well as to the Policy
and Planning Advisory Commission,
being aware of the increased level of violence in many parts of the world which
directly affects or is directed against victims of disaster, war and situations of
internal violence, the most vulnerable in a situation of chronic need and those who
seek to alleviate their suffering,
recalling the fundamental need for all actions of the Movement to reflect a spirit
of humanity, neutrality, impartiality and independence,
being aware also of the need to ensure that urgent relief is delivered in a timely
fashion to those who need it most,
1. takes note of the report submitted by the ICRC and the International Federation
on the basis of the findings and recommendations of the above-mentioned
working group;
2. reiterates the basic principle that the components of the Movement do not use
armed protection;
3. endorses the guiding principles laid down in Section III of the report and
particularly the minimal criteria laid down for the exceptional use of armed
protection of humanitarian convoys.
880 SECTION III

USE OF ARMED PROTECTION

Extract of the report on the Use of Armed


Protection for Humanitarian Assistance

(Council of Delegates, Geneva, 1995)

1. Basic principle: no armed protection


As a general principle, any armed protection for any component of the
Movement is in conflict with the following Fundamental Principles:
humanity;

independence;

impartiality;

neutrality.

As a rule, the different components of the Movement should not use armed
protection or deterrent force against those tempted to use violence. This basic
principle concerns above all the use of armed escorts.

2. Exceptional use of armed protection


There might be situations in which human lives may be saved only by accepting
an armed escort because the refusal of such an escort would lead to the paralysis of
humanitarian activities, and consequently the possibility that the victims would
die. In such cases, the principle of humanity requires that the components of the
Movement thoroughly assess the situation, attempt to find the best solution and, in
certain circumstances, accept changes to their normal operating procedures.
However, the use of armed escorts may affect the image of all the components
of the Movement, now and in the future, and place in jeopardy the acceptance of
the emblem and the future possibility of access and action by other components of
the Movement in that area. In other words, the armed protection may help get one
aid convoy through but eventually jeopardise the operation as a whole. It is
therefore important to have a minimum set of guidelines on the issue.
The case of protection of fixed assets and security at distribution sites will be
dealt with in an appropriate section.

3. Criteria for accepting an armed escort


For those situations in which recourse to armed escort is the only means of
conducting humanitarian activities and ensuring the delivery of assistance to the
victims, the component of the Movement considering the use of an armed escort
should ensure before making its decision that the answers to the following
questions are in the affirmative. These are the minimal conditions under which
armed escorts might be used.
ORGANIZATION OF NATIONAL SOCIETIES 881

Are the needs so pressing (e.g. saving lives on a large scale) as to justify an
exceptional way of operating and can they be met only with the use of an
armed escort?
Is the Movements component concerned sure that the use of an armed
escort will not have a detrimental effect upon the security of the intended
beneficiaries?
Is the component concerned the most capable of covering the identified
needs? Is there no other agency or body external to the Movement that is in
a position to carry out the same activities or to cover the same needs?
Is armed protection being considered primarily for its deterrent value and
not for its fire-power, recognising the extreme reluctance with which the
Movement would condone the use of violence and the threat of violence to
deter attack?
Has the party or authority controlling the territory through which the
convoy will pass and in which the humanitarian assistance will be delivered
given its full approval to the principle and modalities of an armed escort?
Remember that should this approval be withdrawn, the situation must be
reassessed and negotiations must once again take place.
Is the escort intended to provide protection against bandits and common
criminals in situation of general law-and-order breakdown? Remember that
there should be no risk of confrontation between the escort and the actual
parties to the conflict or organised armed groups which control part of the
area through which the humanitarian convoy has to travel.
Each component of the Movement should lay down clear instructions as to who
in the organisation has authority to take decisions on the acceptability or otherwise
of armed escorts in concordance with the responsibilities and procedures outlined
in section 6 below.
4. Criteria for deciding the composition and the behaviour of the armed escort
In a normal situation, the authority controlling a territory ensures security and
maintains law and order.When this is not possible and the use of an escort becomes
necessary, it should be seen as a preventive measure, its main feature being the
deterrent effect. In such a case, the concerned component of the Movement must
find a contractor, who is able to provide the escort and agrees to work according to
these general guidelines and the components directives.
Depending on the situation, the escort may successively be provided for by:
1) a reputable private company;
2) the police;
3) military personnel.
Members of the escort must not be Movement staff and are not allowed to
display the emblem. They must travel in vehicles that are identifiably different from
those of the Red Cross and Red Crescent and that are not marked with the emblem.
882 SECTION III

Members of the escort must receive strict instructions from their employers,
who are under contract with a component of the Movement, particularly as regards
the use of weapons and rules of engagement. These instructions must also be
conveyed to the concerned component. That component must reserve the right at
all times to give directions regarding matters such as schedule, itinerary or speed of
the convoy. Weapons must only be used in self-defence, i.e. when the convoy is
under attack and there is no other way to save the lives of the people in the convoy.
Those using weapons must strictly respect the principle of proportionality as laid
down by the international standards on the use of force and firearms by law-
enforcement officials.
Technical questions such as the type of weaponry to be used must be directly
dealt with by the security organisation under contract, but with a view to avoiding
any confusion as regards the humanitarian nature of the convoy.
Armed escorts and the United Nations
The concerned components of the Movement often have to work in situations in
which peace-keeping or peace-enforcement operations are being carried out by or
authorised by the UNO under either Chapter VI or Chapter VII of the UNO Charter.
The reality today is that in many instances, and not only when clear enforcement
actions under Chapter VII are under way, such forces are not perceived as neutral by
the warring parties and may even be considered as hostile. As a result, the neutrality
of other organisations associated with them is also called into question. Since the
components of the Movement have to maintain their independence and their
neutrality and to ensure that their operations are perceived as independent and
neutral, any situation that could lead to confusion must be avoided.
Therefore, the concerned components of the Movement should not avail
themselves of armed protection for their operations when this is offered by UN
troops during an enforcement action under Chapter VII or when it is possible that
the UNO sooner or later be considered as a party to the conflict by the local
population or by the belligerents.
5. Protection of installations and security for distribution sites
The general principles outlined above also apply to the armed protection of
fixed assets and security of distribution sites. However, ensuring the security of
fixed assets and distribution sites is easier than that of convoys. The components of
the Movement should first look to the law-enforcement authorities of the country
or area concerned to provide protection as part of their normal duties. In most
instances this would be the local police force. If the local authority is not able to
provide sufficient protection, then a reputable private security company should be
approached and contracted to provide it.
6. Responsibility and procedures
Any component of the Movement working with an armed escort may endanger
the other components and must therefore be aware of its responsibility in this
regard.
ORGANIZATION OF NATIONAL SOCIETIES 883

ICRC and Federation delegations must obtain formal written approval from
their respective headquarters prior to using armed escorts.
When the need for an armed escort is being discussed by National Societies,
prior consultation with the Geneva-based institutions must be held before taking
the final decision on using an armed escort in order to protect the neutrality and
independence of the whole Movement. A thorough review of the responses to the
questions raised above must be submitted as part of this consultation.
The bodies concerned should agree on a mechanism for the transmission of
information between the ICRC, the International Federation and the National
Societies, each designating a unit responsible for this matter. This mechanism
should be made widely known within the Movement.
SECTION IV

STRATEGIES AND PLAN OF ACTION

STRATEGY FOR THE INTERNATIONAL RED CROSS AND


RED CRESCENT MOVEMENT

(Council of Delegates, Seoul, 2005, Resolution 6)


The Council of Delegates,
recalling Resolution 3 of the 2001 Council of Delegates, which adopted the
Strategy for the International Red Cross and Red Crescent Movement with the
ambition that the Movement is stronger when working together in reaching out to
vulnerable people with effective humanitarian action throughout the world,
recalling further Resolution 7 of the 2003 Council of Delegates requesting the
Standing Commission of the Red Cross and Red Crescent (Standing Commission),
the International Committee of the Red Cross (ICRC), the International Federation
of Red Cross and Red Crescent Societies (International Federation) to submit to
the 2005 Council of Delegates a consolidated report on the implementation of the
Strategy by all components of the Movement and a proposal for updating the
Strategy,
taking note with appreciation of the consolidated report by the Standing
Commission, the ICRC and the International Federation to the 2005 Council of
Delegates, which demonstrates the importance of a common Strategy for the
Movement,
appreciating further the continued progress made since 2003 by all components
of the Movement in the implementation of the Actions and the efforts by all
components to fulfil the three Strategic objectives laid down in the Strategy for the
Movement,
bearing in mind the need for ongoing strategic analysis by all the components of
the Movement in response to changing contexts and new challenges,
1. adopts the Update of the Strategy for the International Red Cross and Red
Crescent Movement, replacing the text adopted in 2001;
2. calls upon all components of the Movement as a matter of priority to implement
all 10 Actions within set timeframes and to promote the Updated Strategy and
ongoing strategic dialogue within the Movement;
3. requests the Standing Commission to establish a mechanism to see to the
implementation, in consultation with all components of the Movement, of
Action 4 of the Strategy for the Movement in order to secure a review of the
STRATEGIES AND PLAN OF ACTION 885

entire construct of Movement fora and make recommendations on reducing


unnecessary complexities and improving effectiveness, and to present the
review and recommendations to the Council of Delegates in 2007;
4. invites the International Federation, the ICRC and the Standing Commission to
monitor the implementation of the updated Strategy and to report to the 2007
Council of Delegates its findings based on implementation reports submitted to
it by the components of the Movement along with pertinent recommendations
as necessary;
5. further recommends that the Updated Strategy for the Movement be circulated
to member States and invited observers of the International Conference of the
Red Cross and Red Crescent and presented with the monitoring report to the
International Conference in 2007.

UPDATE OF THE STATEGY FOR THE INTERNATIONAL


RED CROSS AND RED CRESCENT MOVEMENT

Annex to Resolution 6

The International Red Cross and Red Crescent Movement is composed of the
International Committee of the Red Cross (ICRC), the National Societies and
the International Federation of Red Cross and Red Crescent Societies.
Together, the above components of the International Red Cross and Red
Crescent Movement (the Movement) are guided by the same seven Fundamental
Principles: humanity, impartiality, neutrality, independence, voluntary service,
unity and universality. All Red Cross and Red Crescent activities have one central
purpose: to help without discrimination those who suffer and thus contribute to
peace in the world.
The International Committee of the Red Cross is an impartial, neutral and
independent organization whose exclusively humanitarian mission is to protect the
lives and dignity of victims of war and internal violence and to provide them with
assistance. It directs and coordinates the international relief activities conducted by
the Movement in situations of conflict. It also endeavours to prevent suffering by
promoting and strengthening humanitarian law and universal humanitarian
principles. Established in 1863, the ICRC is at the origin of the International Red
Cross and Red Crescent Movement.
The International Federation of Red Cross and Red Crescent Societies
works on the basis of the Principles of the Red Cross and Red Crescent Movement
to inspire, facilitate and promote all humanitarian activities carried out by its
member National Societies to improve the situation of the most vulnerable people.
Founded in 1919, the Federation directs and coordinates international assistance of
the Movement to victims of natural and technological disasters, to refugees and in
886 SECTION IV

health emergencies. It acts as the official representative of its member Societies in


international fora. It promotes cooperation between National Societies, and works
to strengthen their capacity to carry out effective disaster preparedness, health and
social programmes.
National Red Cross and Red Crescent Societies (181) form the basic units
and constitute the vital force of the International Red Cross and Red Crescent
Movement. National Societies act as auxiliaries to the public authorities of their
own countries in the humanitarian field and provide a range of services including
disaster relief, health and social programmes. During wartime, National Societies
assist the affected civilian population and support the army medical services where
appropriate.

The seven Fundamental Principles


Proclaimed in Vienna in 1965, the seven Fundamental Principles bond together the
National Red Cross and Red Crescent Societies, the International Committee of the
Red Cross and the International Federation of the Red Cross and Red Crescent
Societies. They guarantee the continuity of the Red Cross and Red Crescent
Movement and its humanitarian work.
Humanity
The International Red Cross and Red Crescent Movement, born of a desire to bring
assistance without discrimination to the wounded on the battlefield, endeavours, in
its international and national capacity, to prevent and alleviate human suffering
wherever it may be found. Its purpose is to protect life and health and to ensure
respect for the human being. It promotes mutual understanding, friendship,
cooperation and lasting peace amongst all peoples.
Impartiality
It makes no discrimination as to nationality, race, religious beliefs, class or political
opinions. It endeavours to relieve the suffering of individuals, being guided solely
by their needs, and to give priority to the most urgent cases of distress.
Neutrality
In order to continue to enjoy the confidence of all, the Movement may not take
sides in hostilities or engage at any time in controversies of a political, racial,
religious or ideological nature.
Independence
The Movement is independent. The National Societies, while auxiliaries in the
humanitarian services of their governments and subject to the laws of their
respective countries, must always maintain their autonomy so that they may be able
at all times to act in accordance with the principles of the Movement.
Voluntary service
It is a voluntary relief movement not prompted in any manner by desire for gain.
STRATEGIES AND PLAN OF ACTION 887

Unity
There can be only one Red Cross or one Red Crescent Society in any one country.
It must be open to all. It must carry on its humanitarian work throughout its
territory.
Universality
The International Red Cross and Red Crescent Movement, in which all Societies
have equal status and share equal responsibilities and duties in helping each other,
is worldwide.

The aim of the Strategy for the Movement (Strategy)


The Movements ambition is to be stronger together in reaching vulnerable
people with effective humanitarian action throughout the world.
It is not the purpose of this Strategy to re-define what the Movement does and
for whose benefit. That is already clearly stated in the Movements mission
statement, as contained in the preamble to its Statutes of 1986 and which reads as
follows:
to prevent and alleviate human suffering wherever it may be found, to protect
life and health and ensure respect for the human being, in particular in times
of armed conflict and other emergencies, to work for the prevention of disease
and for the promotion of health and social welfare, to encourage voluntary
service and a constant readiness to give help by the members of the Movement
and a universal sense of solidarity towards all those in need of its protection
and assistance.
The mission statement defines what the Movement does through National
Societies, the International Federation and the ICRC. It remains entirely valid and
is in no way affected by this update of the Strategy.
Every day millions of volunteers worldwide assist people in need. They are
guided by their National Societies strategic plans, which ideally should build on the
Federations Strategy 2010, which sets out their core activities.
The Federation of the Future process has described how the International
Federation operates. ICRCs strategic planning provides direction.
With the mission and the core activities defined, this Strategy is about how the
components of the Movement can work better together for the victims of conflicts,
natural and technological disasters. It supports and complements existing
agreements and strategies, respecting and clarifying the mandates and
competencies of the components. Simply put, this Strategy is not about what we do,
but about how we can do our work better, and how we do it together as a
Movement.
By working better together as a Movement, all components will be able to meet
the challenge of increasing vulnerabilities across the world, and scale up their
interventions to reach more vulnerable people.
888 SECTION IV

The Strategy is first and foremost for leaders within the Movement Presidents
and Chief Executives of National Societies, the leadership of the International
Federation and the ICRC who come together regularly in the Council of
Delegates to discuss and decide on strategic objectives, to monitor and evaluate
results and to formulate new objectives for the Movement when appropriate. Rather
than being a document set in stone, the Strategy aims at building a dynamic process
of strategic thinking within the Movement. It formulates priority strategic
objectives and translates these into expected results and concrete implementation
measures.
Finally, the Strategy is also meant to help every Red Cross and Red Crescent
volunteer and staff around the world gain a clearer understanding of the nature and
of the goals of the Movement to which he or she belongs and to do his or her job
more effectively.
Keeping the Strategy alive
In 2001, when the Strategy for the Movement was first adopted, it aimed to
improve the way in which the Components worked together to reach common
goals.
This is still the purpose of the Strategy, further strengthened by the four years
of experience of its implementation.
The Strategy does not stand alone. It builds on the policies and plans of the
ICRC, the International Federation and individual National Societies and on the
Movements Agenda for Humanitarian Action adopted at the 28th International
Conference of the Red Cross and Red Crescent.
The challenge before us is to ensure that the rich and well-informed discussions
that take place at the various Movement events and meetings lead towards a
coherent whole. It is with this in mind that the Movement Strategy includes a strong
statement to the effect that it should be a standing item on the agenda of each
regional conference and similar gathering whether statutory or not and that a
mechanism is established which helps prepare for and capture the outcome of the
discussions at these.
Well managed, such a mechanism for integration of decision-making, gives the
Movement the opportunity to tap into the combined wisdom of National Societies,
the ICRC and the International Federation and progressively map out a path
towards achieving the aim of the Strategy which is the aim of the Movement.
Are we doing what we said we would? Are we on track to reach our strategic
objectives? Monitoring provides an opportunity for the components to share their
progress in the implementation of the Strategy. Achieving the Strategic Objectives
will strengthen the components individually through strengthening the network
that the Movement represents. Review procedures, evaluation and reporting will
ensure that the Strategy can promote and further a process of learning.
National Societies, the ICRC and the International Federation provide, as part
of existing reporting mechanisms, progress reports on the implementation of the
STRATEGIES AND PLAN OF ACTION 889

Strategy through the International Federation Secretariat to the Standing


Commission for analysis and for submission to and negotiation at the Council of
Delegates. The Standing Commission leads the analysis of these reports, together
with the ICRC and the International Federation Secretariat. The report to the
Council of Delegates may include individual reactions from National Societies and
evaluations of joint tasks undertaken during the previous two years. The report
should give a brief update of external trends, opportunities and challenges and also
recommendations for adjustments and changes to be made in the Strategy. The
Council of Delegates, the highest deliberative body for internal matters within the
Movement, decides on and approves the Strategy for the Movement and monitors
its implementation.

The external world


One cannot talk about the Movements future and about a strategy for it without
considering current global trends. We live in an exceptional period in the history of
mankind. In the relatively short time-span since the Movement came into being,
science has made enormous progress, to the good (with advances in medicine and
communications) and bad (with weapons of mass destruction). The worlds
population has grown five-fold, and pollution on the land, in the seas and in the
atmosphere adversely affects many people.
The state of todays world is characterized by, among others, the following
factors:
The fragility of our planet, its limitations and its vulnerability: defending it
against the onslaughts of natural and technological disasters, as well as from the
many on-going armed conflicts, is a new and urgent challenge for humanity.
The growing interdependence of phenomena: a major war concerns everyone;
nuclear weapons know no borders; there are no empty spaces where people fleeing
from poverty or disasters seek safety; global warming affects us all.
Ours is a period of uncertainty and doubt. While some believe that economic
liberalism is the path to a better world for all, others think this is just another
illusion. Globalization, coupled with population growth, has generated great
increases in wealth and well-being, but millions of people remain untouched by its
benefits. The failure of past ideologies has encouraged the rise of amoral behaviour
and cynicism (self-enrichment, corruption, organized crime) and of extremisms of
all kinds.
At the same time, extraordinary progress has been achieved in areas such as
public health, agricultural technology, transport and communications. There is
greater awareness of human rights and of the responsibility of political leaders in
this area; struggles against racism, for womens rights and for the protection of
children have made considerable advances, even though more still needs to be
done.
The adoption by governments, at the United Nations, of the Millennium
Development Goals (MDGs) reflects the need for greater focus and attention on
890 SECTION IV

the situation of the poor. The goals cannot be achieved without the active
involvement of communities. By pursuing its own objectives, working on the basis
of its own principles and following its own policies, the Components of the
Movement contribute to achieving the MDGs.
Both positive and negative phenomena develop at an increasing speed;
mankind is engaged in a race against the clock to secure the planetary stability
necessary for its survival.
What is the role for the Red Cross and Red Crescent in all this? At the time of
Solferino, there was one clearly defined need and a simple proposal to satisfy it:
protecting and assisting the wounded on the battlefield. Todays problems are
infinitely more complex, far-reaching and manifold, as evidenced by the
declaration on the power of humanity pronounced by the 27th International
Conference of the Red Cross and Red Crescent:
In spite of positive changes in recent decades, conflicts still rage in many countries.
Attacks on civilian populations and objects are commonplace. Hundreds of
thousands of people have been forced to leave their homes. International
humanitarian law is often flouted. Highly destructive natural disasters continue to
shatter the lives of large numbers of people. New and old diseases cause widespread
suffering. Health services and social and economic systems struggle to cope with
increasing demands. The weakest around the world continue to suffer most.
Other global phenomena and trends should also be considered as they have
their own, more or less direct, bearing on humanitarian endeavours:
Governments will have less and less control over flows of information,
technology, diseases, migrants, arms and financial transactions, whether
legal or illegal, across their borders.
Technological developments and growing economic imbalances will further
widen the gap between haves and have-nots, not only materially, but also in
terms of knowledge, education and human rights. Poverty will continue to
be a major challenge, and many lives will be lost due to re-emerging
epidemics (such as malaria and tuberculosis) and infectious diseases
including diarrhoea, acute respiratory infections and measles.
The HIV/AIDS pandemic represents an unprecedented humanitarian and
development disaster. It is most severe in Africa, but increasingly serious in
other parts of the world, and requires a massive global response.
Unequal access to health and health services reflect uneven distribution of
resources. This inequity is, in itself, morally unacceptable and, at the same
time, endangers the welfare of all.
Mega-cities and other urban centres will continue to grow, straining or
even crippling their infrastructures and generating new catastrophes
centred around food, water and energy shortages, diseases triggered by
unsanitary conditions in overcrowded slums and growing numbers of street
children and orphans.
STRATEGIES AND PLAN OF ACTION 891

New types of armed conflicts and belligerents (motivated by social,


economic and territorial concerns) will affect many countries and regions.
More conflicts will be fought over dwindling natural resources such as water.
The proliferation of small arms will act as fertilizer on these conflicts and
nurture a spreading culture of violence.
Trends towards polarization and radicalization are emerging, both at
international level and within nation States. The frequency of acts of terror,
and the increased efforts of states to combat this phenomenon, adds a new
dimension to local, national and regional conflicts, and to the maintenance
of security.
The number of internally displaced people and refugees will continue to
grow as a result of conflicts, natural and environmental disasters and
economically motivated south-to-north migration. These, as well as the
rapidly ageing populations in many countries of the north, will put
increasing pressure on health care and social welfare systems.
Power will continue to shift from governments to other elements of society
(the private sector, NGOs), favouring problem solving by markets and
citizens. This will create more demand in, and opportunities for, the
increasingly competitive voluntary sector and lead to a shift of
responsibility in service delivery from paid employees to informal carers.
The humanitarian environment in which the Movement is evolving is also
growing increasingly complex. Victims needs are changing with the changing
nature of crises, and the best approaches to satisfying them have to be constantly
re-invented. The growth and proliferation of humanitarian agencies, with the
resulting competition and confusion, creates problems in both ethical and
operational terms. Media coverage distorts the setting of humanitarian priorities.
The involvement of political players in the humanitarian market and especially
the action taken by forces mobilized by the United Nations and other organizations
in search of new roles is on the increase. Erosion of human values adversely
affects the respect for human dignity; it is consequently becoming more difficult to
persuade warring parties and governmental authorities to accept humanitarian
action and allow access to the victims. The job of humanitarian workers
volunteers and staff is becoming ever more dangerous.
In view of these trends, it is more crucial than ever for each individual National
Society to be close to the vulnerable people in its own country, aware of their
particular needs and ready to assist them. On an on-going basis it should carefully
assess those needs not answered by public authorities and other organizations, and
define and adjust its priorities accordingly.
The Movement of the Red Cross and Red Crescent is firmly based on principles
of humanity, neutrality, impartiality and independence and on international
humanitarian law. These determine its overall priorities as well as the conduct of its
international relief workers. The Movement aspires to be a global network whose
components have complementary roles and mandates, which are mutually
892 SECTION IV

respected. The global nature of this network is, paradoxically, both a major strength
and a major weakness. On the one hand it gives the Movement unique access to
vulnerable people and the ability to respond to needs from bases already existing
in a given country or region. On the other hand, the lack of common
understanding of the identity of the Movement and of mutual respect among its
components, as well as the unequal availability of resources, create disparity and
lack of cohesion, and greatly reduce the effectiveness of the whole.
One of the major challenges which the Movement faces is how best to reconcile
the diverse domestic priorities and cultural particularities of the National Societies
with its ambition to be a global network for humanitarian action that works
together effectively as a Movement.

Strategic objectives
The ultimate aim is to optimize the Movements action to help vulnerable
people by working together more effectively as a global network, in a spirit of
cooperation, respect and harmony. The strategic objectives also aim to strengthen
the Movements position in the global humanitarian scene.
The updated Strategy maintains the three objectives:
Strategic objective 1
Strengthening the components of the Movement.

Strategic objective 2
Improving the Movements effectiveness and efficiency through increased
cooperation and coherence.
Strategic objective 3
Improving the Movements image and the components visibility and relations
with governments and external partners.
Under each strategic objective, one or several actions are set out. Each identifies
and explains what needs to be done, and by whom, followed by a listing of expected
results and of concrete implementation measures.

Strategic Objective 1:
Strengthening the components of the Movement
Having components with complementary roles, operating internationally as
well as being rooted locally, gives the Movement a comparative advantage.
However, if the Movement is to have a greater impact, the operational capacity in
particular of the National Societies to assist vulnerable people in their own
countries must be strengthened by developing management skills, good
programmes, governance structures and the ability of governance to carry out its
responsibilities, and comply with the Fundamental Principles.
STRATEGIES AND PLAN OF ACTION 893

Action 1: Develop a Movement approach to capacity building in National


Societies and promote joint planning, resource mobilization and evaluation
of development and cooperation activities in a given region or country.
Building local capacities, by investing in people and organizational
development, is a crucial factor in achieving our humanitarian mission. All
components of the Movement are involved in capacity building and organizational
development of National Societies.
Capacity building depends on coordinated approaches and agreed frameworks
and methodologies. Well-designed and accessible Cooperation Agreement
Strategies [CAS], expressing the external dimension of National Societies
development plans provide a mechanism for achieving coherence in this regard.
Capacity building and organizational development is needed for a National
Society to be able to handle emergencies. This requires funding and support,
independent of disaster response, and significant programming, such as that
available from the International Federations Capacity Building Fund.
All National Societies need to build their own capacities to respond to needs in
their respective countries or internationally.
Expected results
A single, common Movement approach to capacity building and organizational
development, including specific focus on the development of volunteering, is
agreed and applied.
More resources are committed to capacity building, and the capacity building
fund is strengthened.
Common terminology and performance indicators with regard to capacity
building, organizational development and planning, are established in National
Societies, the International Federation Secretariat and the ICRC.
There is an enhanced sense of discipline and commitment by all components
present in a given country to maximize the use of available resources and to
work together in a coordinated and effective manner.

Implementation
The International Federation Secretariat leads the development of a Movement
approach, common terminology and indicators for capacity building and
organizational development.
National Societies, the ICRC and the International Federation Secretariat
encourage Movement networks on capacity building and organizational
development to form and exchange best practices.
National Societies working internationally, the ICRC and the International
Federation Secretariat coordinate their plans and implementation of support for
capacity building in National Societies.
National Societies take responsibility to focus their support on capacity building
efforts in the core areas of Strategy 2010 and in Cooperation Agreement
Strategies.
894 SECTION IV

The ICRC, the International Federation and the host National Society, wherever
possible, promote a policy of shared office locations. Other National Societies
seek to integrate their representatives into existing structures, avoiding
independent field offices.
The ICRC and the International Federation Secretariat explore possibilities of
establishing pilot projects for joint delegations in the field.

Action 2: Systematically train and share knowledge among Red Cross and Red
Crescent leadership at all levels of governance and management, on the
Movements mission, history and organization, Fundamental Principles, and
International Humanitarian Law.
Competent leaders are indispensable in making the Red Cross and Red
Crescent function efficiently. It is first and foremost the responsibility of every
National Society to provide training in governance and management skills to its
leadership at both board and executive levels.
National Society leaders also have the responsibility, supported by the ICRC
and the International Federation, to ensure that volunteers and staff, and in
particular young people, have the knowledge needed to promote understanding
and respect for the Red Cross and Red Crescent as a universal network, its values
and organization.
At Movement level, a systematic approach to leadership training and
development has been developed as a support programme for Red Cross and Red
Crescent leaders.
Knowledge sharing on governance policy and skills between governing bodies
within the Movement must be encouraged and developed, and the use of modern
technology such as the Internet should be expanded and supported.
Expected results
Red Cross and Red Crescent leaders at all levels are knowledgeable in the
Fundamental Principles, the Mission of the Movement and International
Humanitarian Law, possess the governance and management skills required to
run their respective organizations effectively and in conformity with the
Fundamental Principles and are prepared to share this knowledge.
Volunteers, especially the young leaders and staff, including delegates,
within the Movement have a sense of belonging to a Movement that is wider
than the organizational unit to which they belong.
The Seville Agreement is known, understood and respected by all components
of the Movement both at governance and management levels.
All components of the Movement have presence on the web and their websites
are interlinked.
Implementation
National Societies deepen their knowledge of the Fundamental Principles,
International Humanitarian Law (IHL) and of the history of the Movement in
STRATEGIES AND PLAN OF ACTION 895

cooperation with the International Federation and the ICRC and, especially in
relation to IHL, academic institutions.
National Societies, the ICRC and the International Federation increase their
degree of knowledge of the Seville Agreement and promote common
understanding of the Agreement.
Each National Society, the ICRC and the International Federation take action to
strengthen the knowledge, understanding and respect for the emblems among
their volunteers and staff at all levels.
National Societies provide development programmes for young volunteers and
staff to develop into responsible leaders in their societies and in the Movement.

Action 3: Monitor and protect the integrity of the components, and ensure
that every component complies with the Fundamental Principles.
One of the main assets of the Movement is the fact that its actions are based on
its Fundamental Principles, helping it to provide humanitarian assistance to
vulnerable people in an independent, neutral and impartial way. While acting in
accordance with these Principles, it must also be accountable to its stakeholders for
the efficient use of resources put at its disposal.
Failure by any component of the Movement to maintain its integrity and
credibility has negative consequences for the whole. Every component therefore has
a formal obligation to carry out its activities in conformity with the Fundamental
Principles of the Red Cross and Red Crescent and by following generally agreed
rules of good governance and effective management.
As the institution entrusted with the task of recognizing National Societies as
new members of the Movement, the ICRC is responsible for ensuring that the
conditions for such recognition are respected at all times. The International
Federation Secretariat and the ICRC are cooperating closely in supporting National
Societies in the promotion and practical application of the Fundamental Principles.
The International Federations Constitution calls upon the Federation to be the
guardian of the National Societies integrity and the protector of their interests. The
policy on Integrity adopted at the International Federations General Assembly in
2005 reinforced and developed this role.
Good Statutes, based on established guidelines, are a very important part of the
legal base of a National Society, alongside instruments such as the laws and decrees
of recognition. They define its legal status, structure, tasks and mode of
functioning. They also spell out its obligation to adhere to, and apply in its daily
work, the Fundamental Principles.
Expected results
The credibility of the Movement and the trust it receives from the people it
serves and the institutions supporting it, is enhanced through strengthened
integrity and transparency of all its components.
While taking appropriate measures to maintain their own integrity and
integrating the Fundamental Principles into all operational and strategic
896 SECTION IV

planning and implementation, the ICRC and the International Federation


follow common strategies to ensure that recognition conditions are respected at
all times by National Societies.
National Societies have updated Statutes.
All agreements between the components of the Movement and States,
intergovernmental institutions and other humanitarian players are in
conformity with the Fundamental Principles.
Implementation
The International Federation, in close consultation with the ICRC, analyses on a
regular basis all integrity issues and takes necessary actions alone or jointly with
the ICRC including peer review as the case requires.
The ICRC, in consultation with the International Federation Secretariat, develops
standards for permanent compliance with the conditions for recognition of
National Societies.
All components of the Movement address integrity issues proactively and
organize their structures, procedures and operating methods with a view to
strengthen their integrity, and produce and publish audited accounts on an
annual basis.
All National Societies examine their Statutes and related legal texts by 2010, and,
where necessary, adopt new constitutional texts, in accordance with the Guidance
for National Society Statutes and relevant Resolutions of the International
Conference (Resolution 6 of the 22nd International Conference, Tehran 1973, and
Resolution 20 of the 24th International Conference, Manila, 1981).
The components of the Movement comply with the Fundamental Principles in
their relations and in any formal agreements with states, intergovernmental
institutions and other humanitarian players, in accordance with Resolution 10
of the 2003 Council of Delegates (Minimum Elements to be Included in
Operational Agreements Between Movement Components and their
Operational Partners).
The International Federation Secretariat and the ICRC present a report on the
on-going process of review of National Society Statutes to every Council of
Delegates. When appropriate, they report to the Council of Delegates and
initiate debate on major issues and trends relating to the respect of the
Fundamental Principles shown by the components of the Movement.

Strategic Objective 2:
Improving the Movements effectiveness and efficiency through increased
cooperation and coherence
The Movement must respond with swiftness and flexibility to the needs of those
calling for impartial humanitarian assistance and protection. In order to increase
its efficiency and effectiveness, functional cooperation among the components has
to be improved, capitalizing on their complementarities. Effective coordination
should be given precedence over the different operational cultures and approaches
STRATEGIES AND PLAN OF ACTION 897

of National Societies, the International Federation Secretariat and the ICRC. This
requires mutual respect and support and a sense of shared identity.
In a world of rapid changes and complex emergencies, the components of the
Movement need reliable information about actual humanitarian situations and
development trends, which have a bearing on their ability to assist victims and the
most vulnerable people. The need in this respect is to make better use of existing
systems and data rather than creating additional capacity for monitoring and
analysis of political, social, economic and humanitarian developments, which is
already done routinely by many Movement components.
Action 4: Enhance dialogue and consultations within the Movement through
better use of existing fora, and improved coordination of the agendas of
statutory and other meetings.
The Movement has numerous fora for discussion and debate, foremost among
them the Council of Delegates and the International Conference. Commitment to
implementation and systematic follow-up of decisions help maintain the
Movements unity of purpose. Regional meetings are important for both the
Federation and the ICRC to take part. Coordination of the agendas of the different
fora should be improved, and there should be more consultations in-between
meetings. In order to have an effect, decisions at the level of the Movement have to
be integrated in policies and plans of the individual components.
Expected results
Consistency between outcomes of meetings.
The components of the Movement have an increased sense of unity of purpose.

Implementation
Every new meeting reviews what progress has been made with regard to
decisions taken by the previous one of the same statutory nature.
The International Federation organizes consultations with the ICRC and the
Standing Commission in the preparatory phase of its statutory regional
conferences and sub-regional meetings.
Organizing committees for regional conferences ensure that they include on their
agendas and take into account Movement matters and the decisions taken at the
Council of Delegates and the International Conference. Likewise informal
meetings of National Societies ensure a Movement perspective in their discussions.
The Council of Delegates reviews the entire construct of Movement fora and
makes recommendations on reducing unnecessary complexities and improving
effectiveness.
Action 5: Monitor external trends and analyse data from relevant sources
with a view to facilitating coherent policies and approaches to issues of
common concern.
The Red Cross and Red Crescent, based on its ability to mobilize large numbers
of people in all parts of the world should influence decisions made by others,
particularly when these decisions affect humanitarian action.
898 SECTION IV

To be able to exercise that influence, the Movement needs to monitor and


analyse external trends and draw upon research carried out by others.
Expected results
Improved common understanding across the Movement of external trends and
their effect on humanitarian action.
Improved strategic planning in National Societies and the Movements statutory
bodies, leading to enhanced decision-making capability on major humanitarian
issues.
Increased impact on global agendas and improved inputs into decision-making
in external fora, which impact on humanitarian work.
Implementation
The components of the Movement will meet periodically at all levels and
exchange and analyse information on external trends and their potential impact
on on-going activities.
The ICRC and the International Federation Secretariat establish a section on
their websites where data and web links on external trends are collected and
made available. National Societies will provide links to their sources of
information and analysis of common interest.

Action 6: Improve and coordinate the Movements response to emergencies


Efficiency in reaching the victims in emergency situations, including health
emergencies, is of crucial importance. There is a continuous need to look for ways
to improve the conduct of emergency response operations. Over the past few years,
the ICRC and the International Federation Secretariat have made progress in
making their management systems and relief mechanisms more compatible and all
National Societies participating in international emergency operations should join
them.
National Societies participating in international emergency operations will
carry out their contributions in accordance with the needs of the affected people,
priorities and plans of the host National Society and abiding by the Movement
cooperation and coordination mechanisms. All National Societies have priorities,
roles and mandates in their own countries, which also apply in an emergency
situation. The host Societys priorities are a cornerstone for support and
partnership by other components of the Movement.
Consultative processes are key to smoothly running operations and to
allocating responsibilities and tasks between the Red Cross and Red Crescent
partners in the transition period and to facilitate coordination with other national
and global agencies. Components of the Movement involved in an emergency
situation should initiate such processes.
The recommendations of the Ad Hoc Group on the Conduct of International
Relief Operations, as adopted by the Council of Delegates (Resolution 2, CoD 2001)
remain a useful reference for further work.
STRATEGIES AND PLAN OF ACTION 899

Expected results
Through its coordinated work in emergency situations, including health
emergencies, the components of the Movement reach more vulnerable people.
A harmonized and systematic use of standards enhances the quality of
humanitarian assistance provided by the components of the Movement in
emergencies.
The components of the Movement are trusted and preferred as partners by the
beneficiaries as well as by other partners in the delivery of humanitarian
assistance.
Emergency operations are used effectively to strengthen National Societies
capacity.
Implementation
The ICRC, the International Federation and the host National Society establish,
in advance, adequate coordination mechanisms taking into account the Seville
Agreement, in the form of a common Movement framework working at
strategic, operational and technical levels, that apply to all Red Cross and Red
Crescent activities in a given situation.
All components of the Movement carry out their activities within the framework
of Movement coordination established in this manner, contributing to the
overall humanitarian objectives of the Movement.
The components of the Movement, in their operational planning, give priority to
maximizing the impact of collective action and to building the capacity of the
host National Society.
The ICRC and the International Federation ensure that contributions to a given
operation are visible and valued in accordance with their usefulness in meeting
the needs of the victims and vulnerable people.
The International Federation Secretariat and the ICRC continue to develop
relations with other humanitarian actors with a view to establishing
frameworks of cooperation within which National Societies may operate.
The ICRC and the International Federation Secretariat promote increased joint
use by components of the Movement of existing tools, such as the Disaster
Management Information System (DMIS), Emergency Response Units (ERUs),
FACT, and others, including those appropriate to health emergencies. They will
encourage joint training in their use and facilitate contributions from all
components to the continued development of such common tools for disaster
management and quality control within the Movement.
The International Federation Secretariat and the ICRC, in consultation with the
National Societies, continue the implementation of the recommendations of the
Ad Hoc Group on the conduct of International Relief Operations.
The ICRC and the International Federation Secretariat continue to make their
management systems for international emergency operations compatible with
one another. National Societies seek to develop their management systems for
international relief operations in a direction, which facilitates linkages with
those of the ICRC and the International Federation Secretariat.
900 SECTION IV

Action 7: Promote learning from experience through systematic evaluations


of national and international activities, and through a system of knowledge
sharing and best practice within the Movement.
In a rapidly changing world, where the humanitarian agenda is becoming ever
more demanding, improved performance and accountability are essential for
institutional credibility. Systematic use of the National Society Self-Assessment tool
and of evaluations provide data, which can help the components of the Movement
determine whether policies and strategies are producing the expected results and
can promote a culture of learning where best practices are shared among the
components and incorporated into the formulation of new directions.
Expected results
Improved performance through continuous learning.
Improved transparency and accountability.

Implementation
All components of the Movement make the results of major evaluations and
examples of best practice available to each other and, when relevant, to the
public.
The International Federation compiles data on National Society activities
annually on the basis of their self-assessment and reports biannually on this to
its General Assembly.
National Societies take responsibility for their own learning. They initiate
reviews of their own performance and measure this against recognized
standards with a view to improve transparency and accountability.
The Federation Secretariat and the ICRC continue to support and foster the
growth of formal and informal networks of National Societies to exchange
knowledge and best practices.

Strategic Objective 3:
Improving the Movements image and the components visibility and
relations with governments and external partners
It is of vital importance for the Movement to cooperate with all key players in
order to assist better the vulnerable people who are at the centre of its work, while
at the same time strengthening its position and profile in the humanitarian sphere.
Its specific role is to safeguard independent humanitarian action and humanitarian
values at all times. The ability of the Movement to present a coherent image
through its objectives and actions depends first and foremost on smooth internal
functioning. Only to the extent that harmony reigns within the Movement itself can
a strong Movement image be presented to others.
STRATEGIES AND PLAN OF ACTION 901

Action 8: Communicate effectively and powerfully about Red Cross and Red
Crescent actions and consistently advocate on humanitarian issues of
common concern.
The public at large perceives the Red Cross and Red Crescent as one
humanitarian network. This perception generates massive moral and financial
support. However, there is a gap between the perception of the Red Cross and Red
Crescent as one network on the one hand, and the reality of a complex Red Cross
and Red Crescent Movement structure on the other. The Movement seeks to
project a consistent image and have a clear voice in national and international
media.
While advocacy on humanitarian matters is often pursued through bilateral
presentations and dialogue with governments and other concerned partners, there
are opportunities for presentations in a public forum or conference setting, which
necessitate a public stand. Resolution 6 of the 1999 Council of Delegates
encourages Movement components to pursue advocacy initiatives aimed at
creating awareness of the conditions of victims of armed conflict and disasters and
vulnerable people, as well as promoting international humanitarian law.
It is important that National Societies, as well as the ICRC and the International
Federation, build the capacity required to strengthen the Movements visibility and
image and add value to their work through strong relationships with external
actors.
Expected results
The Movement as a whole and its individual components are perceived as the
prime humanitarian force both in terms of actions and of impact on
humanitarian policies.
A coherent image of the Red Cross and Red Crescent is projected to the public
at large, while retaining the separate identities of the components of the
Movement for particular audiences.
The Movement has clear and coherent common positions on major issues
confronting the international community and external partners.
The Movement has clear advocacy strategies, including prioritization of issues.
The Movements priorities are reflected in the current international
humanitarian debate.
Implementation
The Council of Delegates identifies key Movement messages and advocacy
issues. The International Federation and the ICRC will support National
Societies in their communications relating to issues agreed by the Council of
Delegates.
National Societies build on the positions and messages of the Movement in their
opinion work with the general public, civil society organizations, partners and
with their respective governments.
Each Council of Delegates reviews the implementation of the advocacy strategies
previously agreed.
902 SECTION IV

At the sub-regional, regional and international level, National Societies share


experience in terms of best practice in communications using networks of
National Societies, centres of competence or other mechanisms, and with the
active support of the International Federation and the ICRC.
National Societies, the ICRC and the International Federation commit
themselves to have an interlinked and visually consistent presence on the web,
thereby reflecting the Movements ambition of being a single, efficient
humanitarian force based on a global network.
Action 9: Analyse the National Societies role as auxiliary to their governments
and the Movements relations with political and military players. Secure appro-
priate mechanisms for consultation and coordination in the Movement.
The nature of the relationship between states and National Societies is unique
and offers many benefits to both parties. The National Societies role as auxiliary to
the public authorities is based on international humanitarian law (e.g. Geneva
Convention I 1949, Article 26) and the Statutes of the Movement (e.g. Articles 3(1)
and 4(3)). It has also been recognized by the United Nations General Assembly, for
example in resolution 49/2 of 1994.The auxiliary role gives National Societies a
special status: they are, at the same time, private institutions and public service
organizations. The principle of independence stipulates that National Societies
must always maintain sufficient autonomy so as to be able to act at all times in
keeping with the Fundamental Principles. Moreover, the Movements Statutes
indicate that National Societies, while retaining independence of action, should
give priority to cooperation with other components of the Movement. Thus there
must be an appropriate balance between the need for close relations between a state
and its National Society on the one hand, and the need to maintain the
independence of the National Society on the other.
The Study specifically stresses that when cooperating with governments, the
military or other partners, Movement components promote effective assistance to
and protection of victims of conflict and vulnerable people, and respect for the
Fundamental Principles. The components of the Movement will always safeguard
their independence from activities of a political and/or military nature.
There is a trend towards integrating humanitarian action into a wider political
and military framework, well beyond the traditional political and military fields. It
is essential for the Movement to retain its identity as an independent, neutral and
impartial humanitarian force. In situations where there is an international military
mission, the components of the Movement need to clearly delineate their
humanitarian activities from those carried out by the military and to explain their
modus operandi to the latter. This is also important in situations not characterized
by armed conflict, where the role of National Societies as auxiliaries has become
more prominent in recent years.
These points are consistently underlined in relevant presentations to
international organizations and governments, which are becoming more aware of
the importance of respect for the auxiliary role.
STRATEGIES AND PLAN OF ACTION 903

Expected results
The Movement preserves its status as an independent, neutral and impartial
humanitarian network. Its components coordinate their activities to the extent
possible with other key players on the scene, without compromising the
Fundamental Principles.
Components of the Movement, states, and other actors have a clear and shared
understanding of the National Society auxiliary role, its advantages and
restrictions, in the light of changing needs and of the evolving roles of other
service providers.
The emblems are understood and respected both in conflict and non-conflict
situations by all players and parts of society.
Implementation
The International Federation Secretariat in cooperation with the ICRC will present
the results of consultations with National Societies and states on the Characteristics
of a well-balanced Relationship between National Societies and states to the
International Conference in 2007 including an agreed description of the auxiliary
role, for adoption. As a part of this process, the ICRC in cooperation with the
International Federation will present the result of a consultation with States on the
document on National Societies as auxiliaries to the public authorities in the
humanitarian field in situations of armed conflict and internal strife.
The ICRC, in close consultation with the International Federation Secretariat
and National Societies, formulates common positions of the Movement on
issues concerning relations with political and military players.
The ICRC, in consultation with the International Federation Secretariat and
National Societies, provides guidelines for cooperation with political and
military players. The ICRC will facilitate the use and implementation of the
guidelines, and develop a communication plan for explaining the Movements
position to external partners.
The International Federation and the ICRC will articulate the auxiliary role in
appropriate presentations to government and international organizations at the
international level, to promote a consistent respect for National Societies when
they act in emergency and other humanitarian situations.
National Societies promote and explain the characteristics of a balanced
relationship between states and National Societies to their governments.
The ICRC, supported by the International Federation Secretariat and in
consultation with National Societies, reviews the adequacy of existing rules and
regulations concerning the emblems.

Action 10: Strengthen the components of the Movements relationship with


the private sector.
The Movement will increase its dialogue with the private sector to build
awareness of the important role it plays in communities where it has business
interests. The components will encourage the private sector to contribute to
improving the lives of vulnerable people in these communities.
904 SECTION IV

Clear ethical criteria for fundraising from and with corporations will assist the
Movement in selecting the best private sector partners, in providing guidance on
the appropriateness of unsolicited donations and serve to better understand the
role and responsibilities of all parties concerned.
Expected results
A common and harmonized approach to private sector relationships is
reinforced, safeguarding the integrity of the components of the Movement and
ensuring respect for the emblems.
The private sector contributes to humanitarian action and helps the
components of the Movement to improve their capacity to deliver services.
The private sector is aware of and understands the social and humanitarian
implications of their activities and takes responsibility for these.
Implementation
National Societies, the International Federation Secretariat and the ICRC engage
in a dialogue with targeted corporations to increase their awareness of the
humanitarian impact of their business operations.
National Societies, the International Federation Secretariat and the ICRC
actively use the Guidelines for Corporate Sector Partnerships adopted by the
Council of Delegates in 2005.
The International Federation Secretariat provides guidance to National Societies
about how to apply for funding from international sources.
The ICRC, in consultation with the International Federation Secretariat and
National Societies, initiates a comprehensive study of operational and
commercial issues involving the use of the emblems.

Implementation
By developing a common strategy, the components of the Movement of the Red
Cross and Red Crescent have opened a path towards greater unity and cooperation.
Sharing, participating and harmonizing are key words to make this strategy
happen.
The implementation of shared strategic planning will take the form of a process,
which includes several steps.
1. At the Council of Delegates the components of the Movement decide on
strategic objectives and on the actions to be taken in order to proceed towards
the objectives.
2. Every Council of Delegates reviews the results achieved and adjusts the actions
and/or objectives.
3. Revisiting and formulating the strategic approach every two years gives the
Movement flexibility to develop its strategic directions taking into account new
demands and needs in the world.
STRATEGIES AND PLAN OF ACTION 905

This updated Strategy consists of three strategic objectives and 10 actions. Each
action includes expected results and implementation measures. When
implementing the Strategy, some of the expected results can be reached through
incorporation into yearly plans of the components and ensuring that these plans
are implemented. Some actions might be implemented within the framework of a
Cooperation Agreement Strategy or through joint projects, in which several
components participate. National Societies, the International Federation
Secretariat and the ICRC are individually responsible for integrating the directions
given in this Strategy into their respective strategies, plans and training
programmes at national, regional and international level.
Sharing the costs
Implementing this Strategy is about sharing with other components, about
participating in common tasks and joint policies, and about adjusting methods and
tools to obtain compatibility with the other components of the Movement.
Several of the 10 actions are already part of approved budgets of the
components of the Movement. The costs of other actions have to be carefully
calculated and integrated in the budgets of the components over the coming years.
Timeframe
This updated Strategy for the Movement was adopted by the Council of
Delegates in 2005. The governing bodies of each National Society, the International
Federation and the ICRC will examine it with a view to implementing the
responsibilities entrusted to them and will make further suggestions for its
implementation and continued review. Based on a report submitted by the
Standing Commission, the Strategy will be reviewed as necessary by the next
Council of Delegates.
906 SECTION IV

II

INTERNATIONAL RED CROSS AID TO REFUGEES:


STATEMENT OF POLICY 1

(adopted by the 24th International Conference, Manila, 1981)

1. The Red Cross should at all times be ready to assist and to protect refugees,
displaced persons and returnees, when such victims are considered as protected
persons under the Fourth Geneva Convention of 1949, or when they are
considered as refugees under Article 73 of the 1977 Protocol I additional to the
Geneva Conventions of 1949, or in conformity with the Statutes of the
International Red Cross, especially when they cannot, in fact, benefit from any
other protection or assistance, as in some cases of internally displaced persons.
2. The services offered by a National Society to refugees should conform to those
offered to victims of natural disasters, as indicated in the Principles and Rules
for Red Cross Disaster Relief. These services should be of an auxiliary character
and undertaken in agreement with the authorities. They should be in strict
accordance with Red Cross Fundamental Principles.
3. Assistance from the Red Cross should at all times take due account of the
comparable needs of the local population in the areas in which refugees,
displaced persons and returnees are accommodated. Since Red Cross relief
programmes are essentially of an emergency character, they should be phased
out as soon as other organizations are in a position to provide the aid required.
4. All National Society actions for the benefit of refugees and displaced persons
should be immediately reported to the League 2 and/or the ICRC.
5. It is the responsibility of each National Society to inform the League and/or
ICRC of any negotiations likely to lead to a formal agreement between the
Society and the UNHCR. The League and/or ICRC should be associated with
the Society in the negotiations and concur with the terms of agreement.
6. Societies, when possible, should use their influence to encourage their
Governments to accept refugees for resettlement as well as to participate as
appropriate by assisting with welfare programmes in the resettlement process in
close cooperation and coordination with their Governments.

1 A proposed amendment aimed at adding the words "and Red Crescent'' wherever the Red Cross alone
is mentioned will be submitted to the 26th International Conference of the Red Cross and Red Crescent.
2 On 28 November 1991 the League changed its name to "International Federation of Red Cross and Red
Crescent Societies".
STRATEGIES AND PLAN OF ACTION 907

7. The ICRC, League and National Societies should cooperate to the maximum
possible extent with UNHCR and all other institutions and organizations
(governmental, intergovernmental and non-governmental) working in the field
of refugee relief.
8. As a neutral and independent humanitarian institution, the ICRC offers its
services whenever refugees and displaced persons are in need of the specific
protection which the ICRC may afford them.
9. The Central Tracing Agency of the ICRC is also always ready in cooperation
with National Societies to act in aid of refugees and displaced persons, for
instance by facilitating the reuniting of dispersed families, by organizing the
exchange of family news and by tracing missing persons.
When necessary, it offers its cooperation to the UNHCR, as well as its technical
assistance to National Societies to enable them to set up and develop their own
tracing and mailing services.
10. The international institutions of the Red Cross will have regular consultations
with the Office of the United Nations High Commissioner for Refugees on
matters of common interest and, whenever considered useful, will coordinate
their humanitarian assistance in favour of refugees and displaced persons in
order to ensure complementarity between their actions.3

3 See below Resolution XXI of the 24th International Conference (Manila, 1981), Resolution XVII of the
25th International Conference (Geneva, 1986) and Resolution 9 of the Council of Delegates (Budapest, 1991),
quoted in Part Four, Section IV, Chapter IV D.
908 SECTION IV

III

MOVEMENT ACTION IN FAVOUR OF REFUGEES


AND INTERNALLY DISPLACED PERSONS

(Council of Delegates, Geneva, 2001, Resolution 4)

The Council of Delegates,


expressing its deep concern about the need to improve protection and assistance
to the tens of millions of persons who have been forcibly uprooted and displaced
by armed conflict, violations of international humanitarian law and human rights
and natural or other human-induced disasters,
welcoming the document prepared by the International Committee of the Red
Cross (ICRC) and the International Federation of Red Cross and Red Crescent
Societies (International Federation) entitled Movement Action in Favour of
Refugees and Internally Displaced Persons (Document CD2001/6/1),
recalling and reaffirming the resolutions adopted by the International
Conference of the Red Cross and Red Crescent (Resolution XXI, Manila 1981;
Resolution XVII, Geneva 1986, Resolution 4A, Geneva 1995 and Goal 2.3 of the
Plan of Action of the 27th International Conference, Geneva 1999) as well as the
Resolutions adopted by the Council of Delegates (Resolution 9, Budapest 1991 and
Resolution 7, Birmingham 1993),
recalling that in situations of armed conflict refugees and internally displaced
persons are protected by international humanitarian law, recalling also the
protection afforded by refugee law, human rights law and national law and
encouraging all components of the Movement, in accordance with their mandates,
to take appropriate measures to ensure that States are aware of their responsibilities
under international humanitarian law, refugee law, human rights law as well as
national law applicable to refugees and internally displaced persons,
emphasising the importance of respect for international humanitarian law for
the prevention of displacement,
noting the need for the components of the Movement to agree upon and
implement a coherent strategy for ensuring a predictable response to the needs of
refugees and internally displaced persons, while retaining a global approach based
on a response to needs rather than on categories of persons,
noting further the requirements that all activities carried out by the components of
the Movement in favour of refugees and internally displaced persons be in accordance
with their respective mandates as outlined in the Statutes of the Movement and the
Seville Agreement and in respect of the Fundamental Principles of the Movement.
STRATEGIES AND PLAN OF ACTION 909

Movement response to the needs of refugees and internally displaced persons


1. calls upon the ICRC, the International Federation and National Red Cross and
Red Crescent Societies (National Societies), in accordance with their respective
mandates, to seek to ensure at all times that the Movements response adopts a
global approach, addressing both the needs of refugees and internally displaced
persons whenever possible, by appropriately addressing all stages of
displacement, from prevention to return and also the needs of the resident
population in order to ensure respect for the Principle of Impartiality at all
times. In particular, such a response should take into account:
the need for protection, assistance, tracing, family reunification and durable
solutions such as return, local settlement, or resettlement in a third country;
the specific needs of different groups within populations of refugees and
internally displaced persons, as well as their different needs at different
stages of displacement;
the need for short-term interventions and long-term solutions;

the need to involve refugees and internally displaced persons in planning


and implementing programmes for their own benefit;
the needs of host and local communities;

the need for burden sharing within the Movement to assist National Societies
where responding to displacement is beyond their individual capacities;
the need to develop a strong advocacy platform with common Movement
positions.

Coordination and cooperation within the Movement


2. requests the ICRC and the International Federation to develop a strategy to
address the issues and challenges identified in Section VI of the above-
mentioned document (CD 2001/6/1) by means of a regular and efficient
exchange of information between the various components of the Movement as
well as between the headquarters and the field;
3. recognises that there may be circumstances in which the ICRC, as the Lead
Agency in situations of armed conflict must focus on the priority needs of
refugees and internally displaced persons who find themselves closest to areas
of conflict, while there may be displaced persons located at a distance from the
theatre of hostilities who may also be in dire need of assistance, and urges the
ICRC, in consultation with the International Federation and National Societies,
to develop, within the framework of the Seville Agreement, operational
solutions to such situations;
4. calls on National Societies to support ICRC and/or International Federation
programmes in favour of refugees and internally displaced persons mobilising
public as well as government support and coordinating their action with the
Lead Agency to ensure the most effective Movement response.
910 SECTION IV

Coordination and cooperation with other humanitarian actors


5. requests the ICRC, the International Federation and National Societies jointly
and individually, in accordance with their respective mandates, to continue to
closely co-ordinate their activities in this area and promote real coordination
with other humanitarian actors, aiming to achieve a coherent approach by the
components of the Movement in their relations with other humanitarian actors
to achieve greater complementarity in their activities;
6. urges National Societies to ensure that their activities in favour of refugees and
internally displaced persons are carried out in respect of the Fundamental
Principles of the Movement and existing policy at all times, and particularly
when they are acting as implementing partners for other humanitarian actors;
7. reminds National Societies of their obligation to inform the International
Federation and/or the ICRC of any negotiations likely to lead to a formal
agreement between them and any agency of the United Nations or any other
international organisation. The International Federation and/or the ICRC will
assist National Societies in negotiations likely to lead to an agreement with
the United Nations High Commissioner for Refugees (UNHCR) and must concur
with the terms of any such agreement in order to ensure coherence and
complementarity;
8. requests that the ICRC and the International Federation jointly initiate a process
of consultation with the UNHCR with a view to clarifying the terms upon
which the components of the Movement engage in cooperation with
the UNHCR, and to report thereon to the next Council of Delegates.
Development of Movement Strategy
9. calls upon the ICRC and the International Federation to further develop
proposals for Movement strategy on refugees and internally displaced persons,
in consultation with National Societies, and to report to the next Council of
Delegates;
10. further calls upon the International Federation, in consultation with National
Societies to develop proposals for a plan of action on other aspects of
population movement.This plan of action will address, inter alia, migration and
resultant vulnerability, migrants in irregular situations, and action to address
discrimination and xenophobia. The International Federation will report
thereon to the next session of its General Assembly.
STRATEGIES AND PLAN OF ACTION 911

IV

MOVEMENT ACTION IN FAVOUR OF REFUGEES AND INTERNALLY


DISPLACED PERSONS AND MINIMUM ELEMENTS TO BE INCLUDED
IN OPERATIONAL AGREEMENTS BETWEEN MOVEMENT COMPONENTS
AND THEIR OPERATIONAL PARTNERS

(Council of Delegates, Geneva, 2003, Resolution 10)

The Council of Delegates,


continuing to express its deep concern about the need to improve protection
and assistance to the tens of millions of persons who have been forcibly uprooted
and displaced by armed conflict, violations of international humanitarian law and
human rights as well as natural or other human-induced disasters; and about
people who have migrated to avoid untenable circumstances and find themselves in
a situation of vulnerability in their new country of residence;
noting the profound vulnerability that often accompanies the return of refugees
and internally displaced persons (IDPs ) to their places of origin;
recalling and reaffirming the resolutions on this topic adopted by the
International Conference of the Red Cross and Red Crescent (Resolution XXI,
Manila 1981; Resolution XVII, Geneva 1986, Resolution 4A, Geneva 1995 and
Goal 2.3 of the Plan of Action of the 27th International Conference, Geneva 1999)
as well as the resolutions adopted by the Council of Delegates (Resolution 9,
Budapest 1991, Resolution 7, Birmingham 1993 and Resolution 4, Geneva 2001);
recalling that Resolution 4 of the 2001 Council of Delegates inter alia requested
the components of the Movement to ensure that their activities for refugees, IDPs
and migrants are carried out in respect of the Fundamental Principles of the
Movement and existing policy at all times, particularly when they are acting as
implementing partners for other humanitarian actors;
welcoming the document prepared by the ICRC and the International
Federation entitled Report on the Implementation of Resolution 4 of the 2001
Council of Delegates Movement Action in Favour of Refugees and Internally
Displaced Persons;
commending the components of the Movement for their valuable contributions
to improving the response to the plight of refugees, IDPs and migrants;
1. calls upon the components of the Movement to continue to pursue and develop
their activities for refugees, IDPs and migrants, in accordance with their respective
mandates and in respect of the Fundamental Principles, striving always to adopt a
global approach addressing all stages of displacement from prevention through
displacement to return, resettlement and re-integration as well as the needs of
resident populations in accordance with the Principle of Impartiality;
912 SECTION IV

2. recalls the obligation of National Societies to inform the International


Federation Secretariat and/or the ICRC of any negotiations likely to lead to a
formal agreement with any United Nations agency or other international
organization ; and reminds National Societies that the International Federation
and/or the ICRC must concur with the terms of any such agreements, in
particular those concluded with the Office of the United Nations High
Commissioner for Refugees (UNHCR);
3. welcomes the document entitled Minimum Elements to be Included in
Operational Agreements between Movement Components and their External
Operational Partners attached hereto and calls upon all components of the
Movement to comply with these Minimum Elements when formulating
operational partnerships with all external organizations and/or agencies,
particularly, but not exclusively, UNHCR.1

1 Annex Minimum Elements to be included in operational agreements between Movement components


and their external operational Partners under Part Three, Section III, Chapter III.
STRATEGIES AND PLAN OF ACTION 913

THE MOVEMENTS POLICY ON ADVOCACY

(Council of Delegates, Geneva, 1999, Resolution 6)

The Council of Delegates,


welcoming the follow-up given to its debate at the 1997 Council of Delegates on
the subject of advocacy,
taking note of the paper presented to the Council of Delegates and entitled The
International Red Cross and Red Crescent Movements Involvement in Advocacy,
recalling that advocacy, i.e. pleading in support of, supporting or speaking in
favour of someone (a cause or a policy), is a part of the Red Cross and Red
Crescent mission, in addition to or in support of services rendered to the
community,
recalling further the Principle of humanity stating that the International Red
Cross and Red Crescent Movement endeavours to prevent and alleviate human
suffering wherever it may be found,
noting that whereas advocacy may normally be pursued through dialogue with
governments and other concerned parties, private diplomacy, communications,
and conference or public statements of policy, there may be issues at the national or
international level where, owing to their significance and the small likelihood of
achieving change through traditional means of advocacy, a public campaign is
deemed necessary,
noting further the results achieved by the International Red Cross and Red
Crescent Movement on both the national and international level in favour of
victims of conflict and disaster and vulnerable people,
1. encourages the components of the Movement to pursue advocacy initiatives
aimed at creating awareness of the conditions of victims of conflicts and
disasters and vulnerable people;
2. confirms that whereas advocacy initiatives may normally involve dialogue and
private diplomacy, public campaigns and other means may be deemed
necessary, taking into account the mandates as defined in the Statutes of the
Movement, and capacities, and operational environments of the different
components of the Movement;
3. decides with regard to public campaigns, as follows:
a) A National Society or group of National Societies considering the launch of
a national campaign should bear in mind:
the likely consequences on maintaining positive relations with the
government or other organizations affected by the campaign;
914 SECTION IV

the need, while considering co-operation with other organizations with


similar interests, to preserve its distinct identity;
the possible consequences for other components of the Movement.

b) Concerning internationally promoted campaigns for wider respect for


international humanitarian law, better assistance for victims of conflicts and
disasters, or a more effective response to the needs of the most vulnerable
members of society:
any decision to launch such campaigns must be reached through a
rigorous, structured and transparent process;
and should be launched within the framework and general guidelines to
be issued by the ICRC, the International Federation or jointly by the two
components.
Such internationally promoted public campaigns must respect the following
criteria:
the launching of the campaign is prepared by early consultation with all
the components of the Movement, is based on their missions as defined
by the Statutes of the Movement, and is agreed by the appropriate
governance body;
the timetable of any internationally led advocacy campaign should be
agreed by the ICRC and the International Federation;
through their operations and programmes, the components of the
Movement have sufficient knowledge and experience of the issue to be
raised, so as to be credible and effective advocates;
the desired outcome of the campaign is precisely defined and the long-
term allocation of resources for running the campaign are clearly
identified;
the lines of communication and decision-making relating to the
campaign are determined within the Movement and mechanisms for
evaluating the impact of the campaign are identified;
the action to be taken and the messages to be put across are not expected
to have a negative impact on the work of any component of the
Movement or to severely jeopardize its identity or working relations with
the authorities or its operation capacity or efficiency.
STRATEGIES AND PLAN OF ACTION 915

VI

MOVEMENT STRATEGY ON LANDMINES

(Council of Delegates, Geneva, 1999, Resolution 10)

The Council of Delegates,


recalling that Resolution 8, point 3, of the 1997 Council of Delegates requested
the ICRC and the International Federation, in consultation with National Societies,
to elaborate a long-term strategy to address the anti-personnel mines problem,
aware that the National Societies have the capacity and the potential to help
improve the situation of mine victims and meet their specific needs,
recalling also the Movements concern in the face of the proliferation of these
weapons and deeply alarmed by the horrendous suffering caused by the presence
of millions of anti-personnel landmines throughout the world,
welcoming the entry into force on 1 March 1999 of the Convention on the
Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel
Mines and on their Destruction, signed in Ottawa in December 1997,
1. adopts the Movement Strategy on Landmines and urges all the Movements
components to implement it;
2. asks the ICRC to assume the lead role in this field and to offer advice and
support to National Societies wishing to launch programmes within the
framework of the Strategy;
3. asks the ICRC, in consultation with the International Federation, to follow
developments in the situation, to support the National Society programmes and
activities in the framework of the Movement Strategy on Landmines, and to
report on the progress made to the 2001 session of the Council of Delegates.
Summary
The purpose of the Movement Strategy on Landmines is to provide stimulus,
guidance and support for coherent action by the Red Cross/Red Crescent in this
area for the next five years.
The Strategy contains background information on past Red Cross/Red
Crescent activities, an overview of assumptions and constraints, overall objectives
for the promotion of international norms, mine awareness, the protection of the
civilian population, care and assistance to mine victims, and ways of taking
concerted action in the future.
The Strategy emphasizes the importance of unity and cooperation among the
Movements components, and emphasizes that their institutional knowledge and
capacity must be strengthened. It calls for an effective exchange of information and
communication, with a lead role assumed by the ICRC.
916 SECTION IV

National Societies are the most powerful Red Cross/Red Crescent advocates at
country level, and the Strategy aims to help them, with the support of the ICRC and
the International Federation, to gain the skills and mobilize the resources they need
to become effective campaigners and players in long-term mine-related activities.
Core elements of the strategy
To achieve universal adherence to and effective implementation of the norms
established by the Ottawa Treaty and amended Protocol II to the 1980
Convention on Certain Conventional Weapons.
To reduce civilian casualties in mine-contaminated areas through community-
based education programmes about mine risks.
To remind parties to armed conflicts of their responsibility to comply with
humanitarian law as regards landmines, and of the humanitarian consequences
of the use of mines.
To ensure that mine victims have equal and impartial access to proper care and
assistance.
To assist the National Societies of the most affected countries in incorporating
mine-related activities and services into their regular programmes, and to
support National Society endeavours on mine-related issues.
To cooperate with mine-clearance organizations according to humanitarian
priorities, by developing mine-awareness activities and providing medical
assistance to clearance teams, in accordance with the Guidelines on Red
Cross/Red Crescent involvement in mine-clearance activities, adopted at the 1997
session of the Council of Delegates.
A. Activities
1. Promoting international norms
Background
The Ottawa treaty banning the production, development, transfer, stockpiling
and use of anti-personnel landmines was ratified by the required number of States
in 1998 and entered into force on 1 March 1999. As at 30 April 1999, 133 States had
signed the treaty and 74 had ratified it. Those States which have not yet signed or
ratified the treaty must do so if future crises are to be prevented. The treaty must be
universally accepted as the fundamental norm governing anti-personnel mines. All
States must be encouraged rapidly to implement the treatys provisions on the
destruction of stockpiles, mine clearance, mine awareness, and victim care and
assistance.
Amended Protocol II to the 1980 Convention on Certain Conventional
Weapons (CCW) limits the use of anti-personnel mines and also governs the use of
landmines not covered by the Ottawa treaty (namely anti-vehicle mines). It entered
into force in 1998. It will be reviewed and hopefully strengthened in 2001.
STRATEGIES AND PLAN OF ACTION 917

The ICRC played a significant role in the promotion and negotiation of both
treaties. It worked closely with National Society legal advisers in developing the
Movements position on the matter and in commenting on draft texts and
proposals. National Society representatives also served on the ICRC and Federation
delegations to the relevant diplomatic conferences. Many National Society legal
advisers played a major role in national efforts to obtain a ban on anti-personnel
landmines and ratification of the treaties.

Securing universal accession to and implementation of both treaties requires


further efforts on the part of the entire Movement. National Society initiatives are
particularly important in enhancing government awareness and understanding of
both treaties and their relevance in addressing the problem.
Constraints
The constraints are:
security concerns and the need to protect long borders;

a military preference for a step-by-step approach until alternatives are


found;
lack of understanding about the scope of the treaties, the extent of their
prohibitions and obligations, and the types of mines and weapons they ban;
a shortage of funds to implement the treaty obligations.

Strategies
The strategies are to:
encourage governments which have not yet done so to adopt a pro-ban
position, by signing and ratifying the Ottawa treaty;
maintain awareness about the mines issue among the general public in order
to create the political will in support of ratification and rapid
implementation;
engage the military in discussion of the landmines problem, humanitarian
law and alternatives to anti-personnel mines.
Objectives
The objectives are to obtain:
universal ratification of the Ottawa treaty, particularly from major mine
producers;
universal ratification of amended Protocol II (and the CCWs other three
Protocols, including the Protocol on blinding laser weapons);
the adoption of national legislation for implementation of the above treaties;

a ban on the transfer of all anti-personnel mines;

ratification of the Ottawa treaty by two or more additional regional powers;

stronger CCW provisions on anti-vehicle mines, to be negotiated at the


Review Conference in 2001;
918 SECTION IV

the destruction of stockpiles;


universal stigmatization of the use of anti-personnel mines, wherever it may
occur.
Implementation
a) All components of the Movement are asked to pursue their efforts to promote
awareness of and accession to the Ottawa treaty and amended Protocol II
through, among other things, international meetings, regional seminars and the
placement of advertisements in the international media.
b) The ICRC should monitor interpretations of the treaties, new technological
developments which may have an impact on them or their objectives, and
developments in other international fora which may undermine or weaken the
norms established. It will assist National Societies in their efforts to obtain
ratification of the treaties.
I. In States which have ratified the treaties:
a) National Societies will work with their governments to ensure that the
treaties are implemented, by means inter alia of national implementing
legislation, regulations, administrative orders and other measures.
b) The ICRC Legal Division will provide the National Societies with technical
expertise, material and advice in their endeavours to obtain government
implementation of the treaties.
II. In States which have not ratified the treaties:
a) National Societies are asked to encourage their governments to accede to
the Ottawa treaty and amended Protocol II by organizing public events
and/or entering into dialogue with government officials.
b) The ICRC will promote discussion within military circles of the landmine
problem and accession to the treaties at the earliest possible date.

2. Mine-awareness activities
Background
Mine awareness is an essential means of preventing mine-related deaths and
injuries among the civilian population in mine-affected countries.
The Movements global network, experience in the field and relations with the
community give it a comparative advantage in helping the civilian population
protect itself from a life-threatening risk.
Constraints
The constraints are:
the need for a solid and extensive community-based and participatory
approach if mine-awareness programmes are to be effective;
STRATEGIES AND PLAN OF ACTION 919

the lack of commitment to make mine awareness one of the Movements


priorities;
the absence of an overall approach including the various areas of mine
action;
insufficient incorporation of mine-awareness activities in the overall
programmes of National Societies;
a shortage of human resources within the Movement with expertise and
experience in mine-awareness activities.
Strategies
The strategy is:
to adopt a community-based approach for any new programme, and to
implement it in cooperation with National Societies;
to ensure that mine-awareness programmes are incorporated in the regular
activities of the National Societies;
to establish professional development training on landmines-related issues
for selected Red Cross and Red Crescent employees in order to have a core
group of experts;
to promote improved cooperation between emergency/relief/development
organizations involved in mine action;
to influence the conduct of arms bearers by promoting humanitarian law on
issues such as indiscriminate mine usage and non-compliance with proper
mine-laying procedures. The question of the military usefulness of anti-
personnel mines should be systematically included in dissemination
sessions for the armed forces.
Objectives
The objectives are:
to reduce the risk of civilian casualties in mine-contaminated areas;

to reinforce existing mine-awareness programmes in an effective manner;

to encourage and promote mine awareness as a National Society activity in


mine-affected countries;
to carry out assessments and surveys so as to determine the feasibility of and
need for additional projects and, if appropriate, to support them.
Implementation
The National Societies in mine-affected countries will:
assess the need for and feasibility of mine-awareness programmes and
establish a plan of action for the implementation of such activities, seeking
the support of other partners whenever necessary;
carry out activities to promote mine-related issues with a view to ensuring
greater respect for existing humanitarian law instruments and preventing
the indiscriminate use of mines.
920 SECTION IV

The ICRC will:


establish a list of countries in which mine-awareness activities should be a
priority, said list to include the countries most affected by landmines and
those countries in which mine-awareness programmes have already been
started by a component of the Movement and should be pursued;
support mine-awareness activities carried out by National Societies,
promote the development of such activities, and complement them
whenever necessary;
consider implementing mine-awareness programmes as part of its
operations and activities for the civilian population in countries or
territories where a National Society does not exist or where it may not be in
a position to implement such activities;
make every effort to influence the conduct of soldiers in battle and of other
arms bearers by promoting humanitarian law on issues such as the
indiscriminate use of mines and non-compliance with proper mine-laying
procedures. The question of the military usefulness of anti-personnel mines
should be systematically included in dissemination sessions for arms
bearers.
The Federation will:
assist National Societies in mine-affected countries to integrate a mine-
sensitive approach into the overall activities of the Society;
enhance their capacity to implement mine-awareness programmes,
particularly through the Societies youth programmes and community
health programmes.

3. Protection
Background
One of the fundamental principles of customary and treaty-based international
humanitarian law is the distinction between combatants and the civilian
population. In the ICRCs field of activity, the notion of protection encompasses
any activity whose purpose is to protect the victims of armed conflicts and internal
disturbances. That is the framework within which the ICRC carries out its work for
mine victims.
Since 1945, the rise in the number of non-international armed conflicts has led
to a sharp increase in the number of mines. As a result:
entire regions have been emptied of their population;

people have been terrorized and their movements restricted;

communities have been isolated and the possibilities to provide


humanitarian assistance greatly reduced;
people have been cut off from local resources such as wells;

refugees and displaced people have been deprived of the possibility of return.
STRATEGIES AND PLAN OF ACTION 921

The use of landmines against civilian populations is a violation of the


customary rules of international humanitarian law, for the use of mines is governed
by legal norms.
Constraints
The constraints are:
the need for trustworthy information on security incidents to obtain an
accurate overall picture;
the limited access of humanitarian practitioners to the areas concerned, for
security reasons or because they have been denied access to the front line;
the difficulty of convincing the military authorities in countries that have
not ratified the Ottawa treaty, who are often of the opinion that mines can be
used exclusively against military targets, that landmines are indiscriminate
weapons and should not be used;
the difficulty of identifying who (individuals or authorities) is responsible
for incidents involving mines, and therefore of taking action when the
civilian population is victimized.
Strategies
The ICRCs protection work with regard to mines is a specific but integrated
part of its protection approach to conflict victims. In the narrow sense, the
protection aspect of a mines-related operation comprises:
identifying groups of vulnerable persons (residents, displaced persons, etc.);

collecting specific information, if possible from eyewitnesses, on all


incidents if the context permits, or on indicative incidents;
making representations to and talking with local, regional and national
military and political officials;
when representations and dialogue have no effect, heightening awareness of
and mobilizing those on the international scene in a position to influence
the parties to the conflict.
Objectives
The objectives are:
systematically to incorporate the mines issue and its consequences in the
institutions overall representations with regard to protection so as to further
ICRC field activities;
to establish for each context how serious the mines problem is, its
connections, if any, with other violations, for example forced displacement
or planned starvation, and to draw up a protection strategy;
to give those involved or the parties to the conflict a greater sense of
responsibility and to make them aware of protection issues and the
humanitarian consequences of the use of mines;
to recommend that the necessary measures be taken.
922 SECTION IV

Implementation
In countries in which the ICRC is present, it will:
remind the authorities of the rules of customary law and of humanitarian
law on the use of mines, and in countries that have ratified the Ottawa treaty
it will recall the obligations arising therefrom;
make overall representations to the parties to the conflict with regard to the
mines ban and the consequences of the use of mines on the civilian
population;
collect and process reliable information from the population, local NGO
networks and others on each mine incident affecting the civilian
population;
submit documented confidential files to the parties to the conflict on
individual mine incidents affecting the civilian population;
write confidential summary reports for the authorities on identified
phenomena (use of mines against the population, relationship with other
violations, etc.).

4. Care and Assistance


Background
The various components of the International Red Cross and Red Crescent
Movement, in accordance with their respective mandates, provide care and
assistance to the victims of armed conflict during or after the hostilities. The latter
is the case with anti-personnel landmines, which continue to take a toll long after
the fighting has stopped. The Ottawa treaty also calls on States to provide assistance
to landmine victims inter alia through the Red Cross and Red Crescent Movement.
In conformity with their principles, the Movements components do not
distinguish between the victims on the basis of the cause of injury. They recognize
the needs of all the wounded and the special situation of those suffering from a
disability because of their wounds. First aid, surgical and rehabilitative
programmes are launched to respond to those needs, and landmine victims are
among the many beneficiaries. There are no programmes exclusively for mine
victims, but it must be acknowledged that treatment of their injuries places an
enormous burden on health facilities and that their care requires inordinate human
and physical resources.
To turn an injured person into a hospital patient entails evacuation from the
minefield, first aid and transport. To turn the patient into a survivor requires
adequate surgical facilities and expertise, and sufficient quantities of safe blood for
transfusion.
Access to treatment and health services for those wounded by mines is irregular
and unequal throughout the world. Medical and rehabilitative care reflect the
availability, or lack thereof, of basic services, which must be reinforced in mine-
infested countries, especially in those with high numbers of mine victims.
STRATEGIES AND PLAN OF ACTION 923

The challenge of caring for and assisting mine victims is how to transform an
injured person into a fully integrated and productive member of society. For those
survivors whose injuries result in the amputation of a limb, loss of eyesight or
paralysis, the fitting of an artificial limb, physiotherapy and rehabilitation,
vocational and technical training, and psychological support will all be necessary if
that challenge is to be met.
These services are part of a functioning health and social-welfare system and
are all essential for the treatment of trauma victims in general and of mine victims
in particular. They often fail to function when hostilities break out, and are rarely
among the first priorities of the authorities once the hostilities are over.
Mine victims are among the beneficiaries of well-funded post-conflict
reconstruction and the concomitant rehabilitation of the health-care system,
through existing World Bank, UNDP and bilateral programmes to improve the
situation overall of the sick and wounded in what is very often a disabled society.
Constraints
The constraints are:
health services that function poorly, if at all, in war;

limited access to care (for reasons of distance, scarce means of


transportation, instability, military threats, poverty);
unsafe working conditions that often oblige humanitarian workers to
abandon the victims;
health-care personnel who are killed or flee the area; if they remain at work,
they are rarely paid and the Ministry of Public Health often cannot maintain
an adequate distribution of supplies to health facilities;
political and administrative limitations, a shortage of trained staff, and
inadequate information on the location and needs of victims.
Strategies
The strategy is:
To ensure equal and impartial access to health care
Various Movement components are involved in different aspects of caring
for the war wounded and mine injured: first aid, ambulance transport,
surgical care, blood transfusion, prosthetic workshops, and care for the
disabled.
To support existing health and social service structures
Health and social service structures should be properly prepared to deal
with the inordinate demands on resources that caring for the mine injured
can entail. But those structures must first exist and function correctly.
To support National Societies engaged in mine-related activities
It taxes the resources of a National Society to work in a conflict
environment, and the situation usually remains unchanged in the post-
conflict period. Coordinated support to Operating Societies, in accordance
924 SECTION IV

with the provisions of the Seville Agreement and the Societies plans of
action, is necessary to meet the needs of conflict and post-conflict victims.
Implementation
The ICRC will:
provide hospital assistance and support in surgery in conflict situations,
when necessary;
assess, in conflict situations and in conjunction with the National Society
concerned, the need for blood transfusion services and support them when
necessary;
assess, in conflict situations, the need for prosthetic workshops and patient
rehabilitation and provide such services, when necessary;
in post-conflict situations, draw on the Red Cross Special Fund for the
Disabled to support the work of various organizations, both within and
outside the Movement, that meet the Funds requirements;
back National Society efforts to provide psychological support to mine
victims, to help them achieve social reintegration and to take other small-
scale assistance initiatives.
The National Societies in mine-affected countries will:
strengthen their services to provide first aid to, evacuate and transport the
war wounded;
provide services to beneficiaries of prosthetics and rehabilitation services,
such as transport and accommodation for treatment and rehabilitation
sessions, or any other small-scale assistance required;
assess needs for psychological support services and social reintegration of
mine victims and incorporate such activities into their overall social
programme.
The International Federation will:
help the National Societies concerned incorporate mine-related programmes
into their overall development plans;
support their capacity-building efforts;

help them develop human resources.

5. Mine Clearance
Background
Mine clearance represents one of the key tools in the world-wide efforts to rid
the earth of mines, yet the number of priority areas demined each year continues
to be low, mainly for lack of sufficient political determination and funding. The
information coming from agencies involved in mine-clearance operations tends to
underline the unsatisfactory reality that, in spite of the Ottawa treaty, there has so
STRATEGIES AND PLAN OF ACTION 925

far been no increase in the amount of funds set aside for demining. Much of the
money allocated by governments to demining activities is given to national
research programmes which will produce results only in a few years time.
Strategies
In June 1997, the Movement produced the Guidelines on Red Cross/Red Crescent
involvement in mine-clearance activities. At the Council of Delegates in November
1997, Resolution 8 was adopted, encouraging all components of the Movement,
when considering support for mine-clearance activities, to follow the guidelines for the
Movement on this subject.
Implementation
The Guidelines clearly recommend that the Red Cross/Red Crescent should not
become involved in mine-clearance work or finance such activities.
However, the Red Cross/Red Crescent may cooperate in the medical sphere
with mine-clearance organizations and in mine-awareness programmes. National
Societies can encourage their governments to contribute to the United Nations
Voluntary Fund for Mine Clearance or to agencies which conduct demining
operations according to humanitarian criteria.

B. Cooperation
Initially, the Movements approach to the landmines issue was highly focused: it
sought to achieve a specific goal (the banning of landmines) within a certain time.
Now that approach will become broader.While there will still be a specific focus on
persuading States to ratify the Ottawa treaty, mine-related activities will start to be
incorporated in other, ongoing programmes such as emergency preparedness,
community health and protection.
In a handful of seriously-affected countries, landmine victims may be
sufficiently numerous as compared with other beneficiaries and the problem of
landmines may be sufficiently pervasive in terms of other threats such as drought,
flooding, galloping inflation and communicable diseases for the National Societies
to legitimately focus programming on landmine victims.
National Societies are involved in three main ways:
lobbying governments to sign and/or ratify the treaties;

promoting mine awareness in order to reduce the risk of civilian casualties;

providing care and services to landmine victims as part of their services to


traumatically injured and disabled people in their communities.
Where landmine victims and potential victims are being targeted as part of a
much larger group (e.g. disabled people), then it is clear that a National Societys
landmine strategy must be part of its larger development strategy. The Federation
plays a key role in helping National Societies put landmines issues on their long-
term agendas, at the appropriate level.
926 SECTION IV

A lead role within the Movement for mine-related issues


The Geneva Conventions and the Movements Statutes confer specific areas of
competence to each component, which therefore plays a lead role in those areas.
The concept of Lead Role, according to the provisions of the Seville Agreement,
implies the existence of other partners in the Movement with rights and
responsibilities in these matters. This is clearly the case of work relating to victims
of landmines.
The institution entrusted with the lead role in mine-related activities will
actively encourage and promote the involvement of its partners in the Movement
in such activities.
Because of the nature of its specific mandate, the ICRC has extensive expertise
in most areas related to mine action. It is therefore in a position to be the reference
institution within the Movement for activities related to mine action and to assist
other components engaged in this type of activity.
Given its role in supporting National Society development, the Federation has
built up specific expertise in community-based rehabilitation programmes and
will therefore be in a position to assist National Societies in these areas.
As a matter of policy, expertise and technical support should be made available
to National Societies choosing to pursue activities related to the landmines issue in
affected countries on the priority list. This should be done at their request.
Since the response to the landmines crisis focuses on long-term programmes
on the ground in mine-affected areas, the ICRC and Participating National
Societies should consider the Operating National Societies as privileged partners in
the programmes they conduct or plan.
Nonetheless, effective action in any given national or local context will require
integrated and concerted efforts with national and local NGOs and with
international organizations and agencies. The Movements components are
encouraged to cooperate, to the maximum extent possible in a given context, with
other organizations working in the field of mine action. Such interaction is an
essential element of success on the ground.

Funding
In assuming the lead role within the Movement for all mine-related issues, the
ICRC will also be responsible for the mobilization of financial resources and for the
launching of appeals, when necessary integrating mines-related programmes
carried out by National Societies. This may also include coverage of costs incurred
by the International Federation for technical consultancy.
As a result, the ICRC will thus not only seek funding for cost coverage of its own
programmes but will also include mine-related activities, carried out by other
components of the Movement outside the scope of ICRCs objectives and budgets.
The allocation of funds for such programmes will be carried out in close
consultation with the International Federation.
STRATEGIES AND PLAN OF ACTION 927

VII

EXPLOSIVE REMNANTS OF WAR


AND THE MOVEMENT STRATEGY ON LANDMINES

(Council of Delegates, Geneva, 2003, Resolution 11)

The Council of Delegates,


welcoming the report of the ICRC on the follow-up to Resolution 8 of the 2001
Council of Delegates concerning the 1980 Convention on Certain Conventional
Weapons (CCW) and to Resolution 10 of the 1999 Council of Delegates adopting
the Movement Strategy on Landmines,
remaining alarmed about the widespread and preventable death and injury
caused during and after armed conflict by landmines and explosive remnants of
war, which no longer serve any military purpose, and their devastating long-term
consequences for civilians,
noting that the similar effects on civilian populations of landmines and of
explosive remnants of war call for similar humanitarian responses, including the
establishment of legal norms, the raising of awareness in affected communities of
the dangers posed by these devices, the provision of care and assistance for victims,
and measures to facilitate mine clearance,
expressing satisfaction at the significant progress in anti-personnel mine
destruction, awareness and clearance made since the entry into force in 1999 of the
Convention on the Prohibition of Anti-Personnel Mines (the Ottawa
Convention), and recalling the instrumental role of the components of the
Movement in achieving that progress,
stressing the need to achieve universal adherence to the Ottawa Convention
and the importance of continued efforts by the components of the Movement to
promote this objective,
emphasizing that the period between the First Review Conference of the Ottawa
Convention in 2004 and the mine-clearance deadlines occurring for many States
Parties in 2009 will be crucial in the effort to ensure that the promises made by the
Convention to mine-affected communities are fulfilled,
expressing satisfaction with the results of the 2001 Review Conference of States
Parties to the CCW, which extended the Conventions scope of application to non-
international armed conflict, led to negotiations on explosive remnants of war and
commissioned further work on anti-vehicle mines,
warmly welcoming the adoption on 28 november 2003 by States Parties to the
CCW of a new Protocol V on explosive remnants of war,
1. extends the Movement Strategy on Landmines through 2009 and extends the
activities listed therein to cover all explosive remnants of war;
928 SECTION IV

2. calls on all components of the Movement to mobilize their members and staff,
civil society, the media and governments with a view to ensuring, by the
2004 Ottawa Convention Review Conference, commitment to the full
implementation of the Ottawa Convention at the highest political levels, in
particular through increased efforts to achieve mine clearance by the 10-year
deadlines beginning in 2009 and the mobilization of adequate resources to
ensure that all the Conventions objectives are met;
3. urges all components of the Movement to work to ensure that States party to the
CCW adhere to the new Protocol on explosive remnants of war, and that States
which are not yet party adhere to the Convention, to all its Protocols and to the
amendment adopted in 2001 extending its scope to non-international armed
conflicts;
4. urges all components of the Movement to work to ensure that States take
effective measures to reduce the likelihood that ordnance will become explosive
remnants of war, and to support ongoing efforts to prohibit the use of cluster-
bombs and other submunitions against military objectives located in or near
civilian areas;
5. requests the ICRC to report to the 2005 Council of Delegates on the progress
made in implementing the Movement Strategy on Landmines, and on explosive
remnants of war and the extension of the scope of application of the CCW.
STRATEGIES AND PLAN OF ACTION 929

VIII

PLAN OF ACTION CONCERNING CHILDREN IN ARMED CONFLICT

(endorsed by the Council of Delegates, Geneva, 1995, Resolution 5)

1. INTRODUCTION
The International Red Cross and Red Crescent Movement has in a number of
resolutions committed itself to promote the rights of children. In 1993 the Council
of Delegates adopted resolution 4 on Child Soldiers. The resolution requests the
International Committee of the Red Cross, the International Federation of Red
Cross and Red Crescent Societies, in cooperation with the Henry Dunant Institute,
to draw up and implement a Plan of Action for the Movement aimed at promoting
the principle of non-recruitment and non-participation of children below the age
of eighteen years in armed conflicts and at taking concrete action to protect and
assist child victims of armed conflicts.1
The Movement has demonstrated that it is strongly committed to the protection
and assistance to child victims of armed conflicts and to the promotion of the principle
of non-recruitment and non-participation of children below the age of eighteen years
in armed conflicts. The challenge for the Movement is to implement these
commitments. To this end the proposed medium term Plan of Action has been
developed.
2. COMMITMENTS, OBJECTIVES AND ACTION
COMMITMENT 1:
TO PROMOTE THE PRINCIPLE OF NON-RECRUITMENT AND NON-PARTICIPATION IN
ARMED CONFLICT OF CHILDREN UNDER THE AGE OF 18 YEARS.
This first commitment aims to prevent children from being used as soldiers.
Three objectives have been identified to fulfil this commitment :
OBJECTIVE 1.1
Promote national and international legal standards (such as an Optional Protocol
to the Convention on the Rights of the Child) prohibiting the military recruitment
and use in hostilities of persons younger than 18 years of age, and also the
recognition and enforcement of such standards by all armed groups
(governmental and non-governmental).
BASIS FOR ACTION
The 1989 Convention on the Rights of the Child (the Child Convention) and the
first additional protocol to the Geneva Conventions of 1949, prohibit the recruitment

1 For the purpose of this Plan of Action a child is defined as a person under 18 years of age.
930 SECTION IV

of children under the age of 15 years into the armed forces and also stipulate that the
States Parties shall take all feasible measures to prevent children under that age from
participating in the hostilities. Further, in recruiting among children between 15 and
18 years of age, the States Parties shall give priority to those who are oldest.
According to the second additional protocol to the Geneva Conventions, applicable
in internal armed conflicts, no child under the age of 15 years shall be recruited or
allowed to take part in the hostilities.
International law protecting children is often extended to and developed in
domestic laws and regulations. The national and international rules cover most of
the areas vital to a childs well-being and developmental process. However, two
areas remain to be developed; namely 1) affording the same protection to children
in armed conflict as to children in peace, which means a clear 18 year age limit for
recruitment and participation in armed conflicts, and also 2) the enormous task of
ensuring the implementation and enforcement of the existing rules.
In order to promote the principle of non-recruitment and non-participation of
children under 18 years, there is a need for improvement and reinforcement of
international and national legal standards. An Optional Protocol to the Child
Convention is presently being drafted by a working group under the UN
Commission on Human Rights.
The Movement should strive to influence all governments to approve and
enforce an Optional Protocol prohibiting the military recruitment and use of
children younger than 18 years of age, and also to urge all armed groups
(governmental and non-governmental) to recognize and enforce the standards of
that Optional Protocol. Should such an Optional Protocol be approved during the
period covered by this Plan of Action, the Movement should also promote the
implementation of that Protocol. Depending on the local situation, National
Societies could urge non-governmental armed opposition groups to refrain from
using children as soldiers. National Societies might be able to reach these groups
through activities such as dissemination and first aid courses.
International legal standards are supplemented by domestic laws enforceable at
the national level. National Societies should strive to initiate and influence the
process of improving domestic laws establishing the minimum age of recruitment
and participation in armed conflict at 18 years. National Societies should also work
to ensure the implementation and enforcement of such laws within the armed
forces or groups.

ACTION PROPOSED
National Societies are asked to:
approach their government to make Red Cross/Red Crescent view on 18 year
age limit known,
in cooperation with other organizations as appropriate, persuade governments
STRATEGIES AND PLAN OF ACTION 931

to adopt the idea of the 18 year age limit; and when and if appropriate, persuade
governments to promote this idea internationally and to adopt national
legislation, and
raise public awareness of the need for the 18 year age limit, e.g. (depending on
local circumstances and relevance) through articles in newspapers and
magazines, radio programs, and on buses in the street, etc.
To support activities of National Societies, the ICRC and the International Federation
are asked to:
supply National Societies with relevant background documents (including
draft letters, legal texts, campaign materials, information from other countries,
organizations, etc.),
make the Red Cross and Red Crescent view on 18 year age limit known inter-
nationally through active participation in UN and regional fora,
lobby government representatives internationally, and participate in interna-
tional and national efforts to raise public awareness about child soldiers,
participate actively in the UN working-group to draft the new Optional Protocol
to the Child Convention (if still relevant after the adoption of this Plan of Action),
and
collect, analyze and process information from National Societies programs in
order to facilitate reports to donors and the general public.
OBJECTIVE 1.2.
Prevent children from joining armed forces or groups by offering them alternatives
to enlistment.
BASIS FOR ACTION
To prevent children from becoming soldiers there is also a need for measures
directed to the children themselves. Studies imply that many children do not join
the armed forces or groups voluntarily. Many child soldiers would have chosen
other activities if alternatives to participation in the conflict had been offered.
National Societies could play a critical role in providing alternatives to children
at-risk of becoming soldiers. They could initiate assessments to identify such
children. Regional assessment criteria should be developed for this purpose.
Alternative activities could be offered to these children such as education,
vocational training, and the opportunity to fulfil purposeful tasks within the
community (for example as Red Cross/Red Crescent volunteers). Care should be
taken, however, that the tasks offered are appropriate to the age of the child. If
possible, a child-to-child or youth-to-youth approach could be developed.
This is a difficult objective to accomplish since so many children are at-risk of
becoming soldiers. Many of the reasons for children joining are born from socio-
economic problems that will not be solved in a short period.Although some children
932 SECTION IV

become soldiers because they want to be heroes or martyrs, many would rather have
attended school given the opportunity. Activities created for and with these children
could therefore make a great difference in the choices they make in life.

ACTION PROPOSED
National Societies are asked to:
initiate assessment, in cooperation with other organizations, governments and
military as appropriate, to :
identify children at risk of becoming soldiers; and
identify reasons for them potentially joining ;
decide on what programs/activities to set up to counter these reasons; such
activities could include :
education;
income generation (vocational training or short-term material support);
recreational activities, and
empowering children to play a positive role in their community (e.g. as
youth volunteer, first-aider, ambulance volunteer, or other responsible tasks
within National Society).
To support activities of National Societies, the ICRC and the International Federation
are asked to:
encourage and support the setting up of programs,
facilitate contacts between National Societies in order to exchange experience
(such as organize meetings for exchange of experience and develop existing and
new programmes, as well as training for trainer workshops for volunteers and
personnel); collect, analyze, and process information from National Societies
programs in order to facilitate reports to donors and the general public, and
develop, in cooperation with National Societies, guidelines, standardized
needs-assessment and reporting procedures, etc.
OBJECTIVE 1.3.
Raise awareness in society of the need not to allow children to join armed forces or
groups.
BASIS FOR ACTION
Responsibility for using children as soldiers lies with all of the adults who accept
or encourage children to participate in armed conflict. These are parents and other
adults from the childs community, local commanders accepting children in their
ranks, and peer groups glorifying the free lifestyle of the soldiers. There is
therefore a need to raise public awareness of the long-term effects on the children
themselves and on the society in which they live, and to advocate against the use of
STRATEGIES AND PLAN OF ACTION 933

children as soldiers.
Many of the children recruited have a background as street children and many
former child soldiers become street children when they leave the army or the
guerrilla group.
Thus, depending on local circumstances, National Societies should raise public
awareness about the negative effects on children and society which result from
allowing children to participate in armed conflicts. The influential role of religious
and community leaders should be utilized whenever possible.

ACTION PROPOSED
National Societies are asked to:
initiate articles in newspapers and magazines, radio programmes, etc., in coop-
eration with organizations and authorities and depending on local circum-
stances and relevance, and
initiate, with support in local traditions, a discussion in society of the long- and
short-term disadvantages of children participating in violence; such activities
could include :
training of teachers and care-givers in childrens rights;
discussions in mothers and womens clubs;
discussing the issue and childrens rights with children in schools and through
youth organizations (this could especially be done by Red Cross/Red Crescent
youth volunteers);
establishing a dialogue with the army and, if possible, other armed groups;
and
pursuing a dialogue with government and relevant structures in the community.
To support activities of National Societies, the ICRC and the International Federation
are asked to:
supply National societies with relevant background documents (including
campaign materials, information from other countries, organizations, etc.),
facilitate, coordinate and encourage the work of National Societies, as proposed
in the case of Objective 1.2.
934 SECTION IV

COMMITMENT 2:
TO TAKE CONCRETE ACTION TO PROTECT AND ASSIST CHILD VICTIMS OF ARMED
CONFILCT

OBJECTIVE 2.1.
Address psychosocial as well as physical needs of children living with families.

BASIS FOR ACTION


Few of the childrens most basic needs are met in armed conflicts. It is therefore
necessary to identify and counter the obstructions hindering children in armed
conflict from having their needs fulfilled. Like the situation in which they live, the
counter-measures for these children vary in a number of ways. First, the immediate
needs of physical and economic security need to be met, often in the form of relief
assistance. Second, children have a need for order in life. Schooling and
kindergarten can provide this structure and routine which is especially critical
during the chaos that accompanies armed conflict.
Psychosocial rehabilitation2 presupposes a certain degree of physical security
and economic stability before a person is prepared to, or even able to, come to
terms with the experiences of armed conflict. Most children who experience
violence need special care and attention. The family is the basic and most
important ingredient in a childs physical and psychological rehabilitation. In most
cases, psychosocial support must be offered to the parents as well as the children if
the assistance to the children is going to make a difference. In many cases, the
family (in armed conflicts often the mother) needs support to help their children
overcome experiences and anxieties.
The Movement works extensively to alleviate human suffering in armed
conflict, through assistance to all victims of armed conflict including children. The
programs often concentrate on meeting the victims immediate needs such as food,
clean water, shelter, clothing, and medical assistance. But the Movement also
engages in more long-term physical and psychological rehabilitation. In refugee
camps, camps for displaced persons, and in host countries, the Movement initiates
various activities to help the people cope with their situation.
Many National Societies and the Federation have recently taken a growing
interest in the psychological and social well-being of the people served by the
Movements programs. Several National Societies have established programs for
social counselling or psychosocial support to victims of disasters or other stressful
events. In 1991, the Federation established a Psychological Support Programme.
The Federation Reference Centre for Psychological Support is situated in the
Danish Red Cross.

2 The expression psychosocial rehabilitation is used to signify measures to assist persons to overcome
upsetting or disturbing experiences in the context of their social and cultural surroundings, including their
family and community.
STRATEGIES AND PLAN OF ACTION 935

Many National Societies possess the tools necessary to provide psychosocial


support to the children and their families, both in rehabilitation and in re-
integration of the children into their communities.
Psychosocial rehabilitation programs should be flexible and adapted to local
circumstances. Children with special needs are often difficult to identify, since they
at first may show no signs of distress. However, various kinds of play-programs or
other activities which encourage children to express memories of the armed
conflict might assist in the process of identifying the children in need of
psychosocial rehabilitation. In areas where physical and economic security are not
certain, the programs will mostly include the establishment of routines and an
ordered life, in the form of kindergartens and schools, etc. In more secure areas,
parents could be encouraged to talk to their children about their experiences of the
armed conflict.3 Parents, other care-givers, and volunteers will often have similar
experiences to those of the children and it will therefore be important when
setting-up programs to include opportunities for the adults to discuss and come to
terms with their own experiences.
Care-givers, volunteers, and other adults close to children should be able to
identify children who have participated in armed violence and to work with these
children. However, former child soldiers should not be singled out, but integrated
in programs for other children affected by armed conflict. The purpose of these
activities should be to rehabilitate and reintegrate the children into their local
communities.

ACTION PROPOSED

National Societies are asked to:


initiate assessment of needs in cooperation with other organizations, local leaders,
and government/authorities;
in cooperation with other organizations, decide on what programs or activities
to set up to assist the children. Activities could, depending on local circum-
stances, include :
schooling and vocational training;
training courses for teachers, nurses, and other professionals who work with
children in order for them better to assist the children;
training of volunteers (non-professionals) to work with children in their
communities (e.g. in play-groups or youth clubs) and also to know their
limits;

3 For an example of such a project, please see the report by Nancy Baron for the Sri Lanka Red Cross
Society and the International Federation entitled Psycho-social Needs Assessment. The Voice of Internally
Displaced People in the Non-conflict Area of Sri Lanka,, as well as the book A Little Elephant Finds His
Courage by the same author.
936 SECTION IV

training on how to assist children who have participated in the violence;


setting-up a support network of professionals to assist the volunteers and
parents working with the children; and
provide practical assistance to refugees and asylum-seekers in their new
countries to empower the refugees and facilitate their entry into the new
society (including awareness-building in the host-country of the needs and
background of the refugees).
To support activities of National Societies, the ICRC and the International Federation
are asked to:
facilitate, coordinate and encourage the work of National Societies, as proposed
in the case of Objective 1.2.

OBJECTIVE 2.2.
Address psychosocial as well as physical needs of unaccompanied children.

Children who are not accompanied by a family member or not cared for by any
person who would normally be entrusted with that responsibility by law or custom
are referred to as unaccompanied children.
Unaccompanied children have the same basic needs for food, shelter, clothing,
and medical care that all children have. But, in addition, they also need to be
reunified with their families or to be placed with foster families. Institutionalization
should be avoided as much as possible. The ICRC and National Societies have a
long tradition of tracing family members in times of armed conflict, exchanging
family messages, and eventually reunifying families. If the family cannot be found
(or until the family has been found), measures should be taken to place the child
with a family of the same ethnic, religious, and linguistic background, whenever
possible. Tracing and reunification activities need to be accompanied by follow-up,
support and evaluation, both in the case where a foster-family is found and where
the child is reunited with her or his close family. In many cases there will be a need
for psychosocial support for the child and the family.
National Societies should try to organize educational and recreational activities
and vocational training for unaccompanied children who are in refugee camps,
orphanages, or other transitional settings. Some of the children will be in need of
psychosocial rehabilitation. In addition, some of these children will have
participated in the conflict and might therefore need special attention to come to
terms with the experiences from fighting and living with the soldiers.
Since many of the needs of unaccompanied children will be similar to the needs
of all children experiencing armed conflict, programs for and together with these
children should be developed in a similar way to those for other children, as
outlined under Objective 2.1.
STRATEGIES AND PLAN OF ACTION 937

ACTION PROPOSED

National Societies are asked to:


initiate assessment of needs in cooperation with other organizations, local
leaders, and government/authorities,
in cooperation with other organizations, decide on what programs or activities
to set up to assist the children. Activities could, depending on local
circumstances, include:
relief assistance;
tracing and family reunification or establishing foster families;
recreational activities in orphanages, camps, etc.;
follow-up, support, and evaluations after the child is reunited with the
family or if a home is found outside the childs close family;
psychosocial support to unaccompanied children in camps, orphanages,
and foster-homes;
schooling and other types of education to restore the childs confidence and
identity;
activities and training in reconciliation and non-violent conflict resolution; and
protection against abuse, abduction, and revenge including the initiation or
implementation of legal frameworks to protect children.
To support activities of National Societies, the ICRC and the International Federation
are asked to:
facilitate, coordinate and encourage the work of National Societies, as proposed
in the case of Objective 1.2.

OBJECTIVE 2.3.
Advocate in favour of children who participated in armed conflict in order to make
society and the local community accept these children.

Children who have participated in armed conflict might not be accepted back
by their local communities or even their families. Many of the children are violent
and aggressive, and might have committed atrocities well known to the community
surrounding them. Parents might not dare to take their children back for fear of
reprisals.
When the conflict is over, many children are not formally recognized as former
soldiers, and, therefore, will not be included in demobilization programs. These
children risk ending up on the streets, possibly still possessing their weapons and
still threatening their societies long after the armed conflict is over.
938 SECTION IV

Thus, there is a need to advocate in favour of these children. Efforts should be


made to encourage the communities to recognize these children as the victims they
are and to accept them back into civil society.

ACTION PROPOSED

National Societies are asked to:


raise awareness in society and initiate discussions with various target groups, as
proposed in the case of Objective 1.3.
To support activities of National Societies, the ICRC and the International Federation
are asked to:
supply National Societies with relevant background documents, and
facilitate, coordinate and encourage the work of National Societies, as proposed
in the case of Objective 1.2.

3. MONITORING AND FACILITATING THE IMPLEMENTATION


It is recommended that an international coordinating group be established to
monitor the implementation of this Plan of Action. The group should be comprised
of representatives from five National Societies implementing or supporting
programs for children in armed conflict, the International Fed oeration, and the
ICRC. The representatives should have expertise in the field of children in armed
conflict. The Coordinating Group should be appointed by the International
Federation and the ICRC in consultation with National Societies.
The responsibilities of the International Coordinating Group would be to
facilitate and monitor the implementation of this Plan of Action and to
continuously evaluate, revise, and develop the Plan. It should report to the Council
of Delegates in 1999.
The tasks of the International Coordinating Group would include :
to follow the implementation of the Plan of Action, including its international
aspects,
to support National Societies working with children in armed conflict;
to encourage and support the setting up of new programs for children in armed
conflict under the Plan of Action;
to develop or improve methods and materials that would serve the needs of
several National Societies (such as how to use non-professional volunteers in
psychosocial programs, or the development of background material for
lobbying);
to prepare joint international action by the Movement in favour of children in
armed conflict;
STRATEGIES AND PLAN OF ACTION 939

to organize a review meeting with National Societies in two years time, and
to raise funding for the Coordinating Group and for common activities that
benefit several National Societies.
It is also recommended that the International Federation and the ICRC, in
cooperation with the Coordinating Group, designate a National Society as
International Focal Point for the implementation of this Plan of Action.
Likewise, a network of National Societies at the sub-regional level should be
developed with the intention of facilitating and coordinating the activities of those
National Societies, and to encourage and support the setting up of programs.
940 SECTION IV

IX

RESTORING FAMILY LINKS STRATEGY


(AND IMPLEMENTATION PLAN) FOR THE
INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT
(2008-2018)
(adopted by the Council of Delegates, Geneva, 2007, Resolution 4)

1. VISION AND INTRODUCTION


Whenever people are separated from, or without news of, their loved ones as a
result of armed conflict, other situations of violence, natural disaster or other
situations requiring a humanitarian response, the International Red Cross and Red
Crescent Movement responds efficiently and effectively by mobilizing its resources to
restore family links.
Armed conflicts, other situations of violence, natural and man-made disasters,
international migration and other hardships leave countless people seeking news of
family members. Respect for family unity goes hand in hand with respect for human
dignity.A persons well-being depends greatly on his/her ability to stay in touch with
loved ones or at least receive information about what has happened to them. The
various components of the International Red Cross and Red Crescent Movement
(Movement) have been striving for decades to restore family links (RFL). This
unique service, with the moral support it affords, lies at the heart of the Movements
work. Every year RFL benefits hundreds of thousands of people.
RFL is the generic term given to a range of activities that aim to prevent separation
and disappearance, restore and maintain contact between family members and clarify
the fate of persons reported missing. These activities are often interconnected with
psychological, legal and material support for families and persons affected,
resettlement or reintegration programmes and social-welfare services. Other
activities include the management of human remains and forensic identification.
The International Committee of the Red Cross (ICRC) is strongly committed to
helping people left without news of their relatives. In reaffirming and implementing
the commitments it made at the International Conference of Governmental and
Non-Governmental Experts on the Missing and their Families (2003) and as part
of the Agenda for Humanitarian Action of the 28th International Conference of the
Red Cross and Red Crescent (2003), the organization launched a global initiative to
strengthen the Movements ability to restore family links. The RFL Strategy for the
International Red Cross and Red Crescent Movement is the outcome of this
initiative. It is also a reaffirmation of the ICRCs support for National Societies in
meeting their RFL obligations, as defined in the Movements Statutes and in
resolutions adopted over the years by the Council of Delegates and the
International Conference of the Red Cross and Red Crescent.
STRATEGIES AND PLAN OF ACTION 941

Today, the Family Links Network (comprising the Central Tracing Agency, the
tracing agencies in ICRC delegations, and the National Societies tracing services)
faces significant challenges. Across the Network there is insufficient understanding
of the work of restoring family links and an inadequate sense of commitment and
responsibility. When this is combined with the problem of scarce resources, the
increasing scale and complexity of the situations requiring humanitarian action,
and the growing number of other entities involved in this traditional field of
Movement activity, great effort is needed if the various components of the
Movement are to retain their high profile.
The ICRC, the National Societies and the International Federation of Red Cross
and Red Crescent Societies (International Federation) all have a responsibility to
build, strengthen and maintain the Family Links Network. The effectiveness of this
unique international network depends on the components ability to strengthen
capacity, intensify cooperation and prioritize action. To address these issues, the
Movement needs to take a more global approach to building capacities across the
Network by:
increasing National Society participation;
strengthening the operational efficiency of the ICRC and its partnership
approach with National Societies in operational contexts;
increasing cooperation between the ICRC and the International Federation to
support both the development of National Societies and their RFLactivities.
The RFL Strategy for the Red Cross and Red Crescent Movement builds on the
Movements Statutes and on resolutions of the International Conference and the
Council of Delegates, and is underpinned by the Agreement on the Organization of
the International Activities of the Components of the International Red Cross and
Red Crescent Movement (Seville Agreement, Council of Delegates, November 1997)
and its subsequent Supplementary Measures (Council of Delegates, Seoul,
November 2005). The Strategy was not drawn up in a vacuum. It is based on the
strengths and knowledge of individual National Society tracing services and the
experience and expertise of the ICRC, and seeks to develop a consistent approach
that will enhance RFL work, both locally and worldwide.
Effective change takes time and needs resources. The RFL Strategy for the Red
Cross and Red Crescent Movement recognizes the importance of the task and
expresses the Movements long-term commitment to shouldering it.

2. RESTORING FAMILY LINKS STRATEGY


2.1 RESTORING FAMILY LINKS AND THE ROLE OF THE MOVEMENTS COMPONENTS
The RFL activities of the various components of the International Red Cross
and Red Crescent Movement, in particular the ICRC and the National Societies, are
drawn from the Geneva Conventions and their Additional Protocols, the
Movements Statutes, and the resolutions of the International Conference of the
Red Cross and Red Crescent and those of the Council of Delegates. They are
further based on resolutions of the International Federations statutory meetings,
942 SECTION IV

together with the policy frameworks of the ICRC, individual National Societies and
the International Federation.
Under international law, everyone has the right to know what has happened to
missing relatives, and to correspond and communicate with members of their
family from whom they have been separated. The main responsibility for ensuring
that these rights are respected lies with authorities of the State (including armed
security forces) and, in situations of armed conflict, any other organized armed
groups. However, they may be unable or unwilling to do so.
The Movements principal strength lies in its potential to provide a worldwide
RFL Network and at the same time a grassroots network in each country that can
apply the same principles and working methods. The Movement can thus achieve
greater results than any other humanitarian organization in the world.
The relevant components of the Movement undertake RFL activities whenever
required and for as long as needed, helping people whose loved ones are
unaccounted for or who are separated from them as a consequence of specific
situations such as:
armed conflicts and other situations of violence;
natural and man-made disasters;
population movements including international migration;
other situations requiring a humanitarian response and where the specific
capacities and mandates of the components of the Movement and the Red
Cross/Red Crescent principles represent added value.
RFL activities may take various forms, depending on the situation and context:
organizing the exchange of family news;
tracing individuals;
registering and following up individuals (children or adults) to prevent their
disappearance and to enable their families to be informed;
reuniting families and repatriation;
collecting, managing and forwarding information on the dead (location,
recovery and identification);
transmitting official documents, such as birth certificates, identity papers or
various other certificates issued by the authorities;
issuing attestations of individual detention and documents attesting to other
situations that led to individual registration;
issuing ICRC travel documents;
monitoring the integration of those reunited with their family members;
promoting and supporting the establishment of mechanisms to clarify the
fate of persons unaccounted for.
These activities imply regular contact and interventions with the authorities on
the right of relatives to communicate with one another and be informed of each
others whereabouts or fate.
STRATEGIES AND PLAN OF ACTION 943

These activities relate to other activities including:


the development and promotion of international law and support for its
application, including reform of existing law where needed;
the management of human remains and forensic identification;
material, legal and psychological support to the families of missing persons;
resettlement services or reintegration programmes for vulnerable groups,
such as street children, where family reunification has failed or is not possible;
dealing with cases of successful reunification where, however, there may be a
need for integration (e.g. children formerly affiliated with fighting forces);
social-welfare services.

Situations causing family separation


Conflict and other situations of violence, natural
and man-made disasters, international migration
and other situations requiring humanitarian response

Activities
RFL activities related to RFL
Prevent disappearances Developing and promoting
and separation international and national law
Material, legal, psychological and other
Restore contact between family members support for those affected

Maintain contact Forensic identification and the


management of human remains
between family members
Social-welfare services
Clarify the fate of missing Resettlement and integration services
persons

Restoring Family Links


This requires a cross-disciplinary approach and almost always involves working
with actors outside the Movement, including the private sector.
Protecting personal data and confidential handling of other sensitive
information are crucial to peoples safety. This must be kept in mind when using
public information networks, forwarding data electronically, conducting active
searches in the field and making use of other organizations or individuals.
The safety of Red Cross and Red Crescent workers must also be ensured.
The Seville Agreement and its Supplementary Measures re-emphasize the
crucial importance of coordinating the efforts of the Movements components to
optimize assistance. They also confirm the organizational concept of a lead role
based on specific competencies assigned to a component by the Geneva
Conventions, the Movements Statutes and/or resolutions of the International
Conference of the Red Cross and Red Crescent. The concept of lead role implies the
existence of other partners with rights and responsibilities in these matters.
944 SECTION IV

The role of the ICRC


As a neutral and independent organization, the ICRC has the role of protecting
and assisting the victims of international and non-international armed conflict and
other situations of violence.Article 5.3 of the Movements Statutes expands this role
to include other types of situations, and establishes a permanent basis on which the
ICRC can take any humanitarian initiative compatible with its status as a
specifically neutral and independent organization and intermediary.
The ICRC has the important task of reminding the authorities of their
obligations under international humanitarian law and other relevant bodies of law
with regard to family links, and carrying out direct action in the field when and for
as long as required and possible. In this regard the ICRC takes a comprehensive
approach to RFL and aims to prevent separation, restore and maintain contact
between separated family members, clarify what has happened to persons reported
missing, and provide support for their families. Unaccompanied children separated
from their families are of particular concern to the ICRC, given their vulnerability,
as are other affected persons such as women acting alone as heads of households.
The part played by the ICRC in RFL, including its lead role within the
Movement, is more precisely defined by the following instruments:
the Geneva Conventions and their Additional Protocols;
the Statutes of the Movement, in particular Article 5.2 (e) specifying that the
ICRC must ensure the operation of the Central Tracing Agency (CTA) as
stipulated by the Geneva Conventions;
resolutions of the Movements statutory bodies, in particular, those of the
25th and 26th International Conferences (Geneva, 1986 and 1995), which
draw the attention of the States to the role of the ICRCs CTA as coordinator
and technical adviser to National Societies and governments;
resolutions of the Council of Delegates, and the Seville Agreement and its
Supplementary Measures.
In addition to its operational responsibilities the ICRC, through the CTA, must
coordinate, advise and strengthen the capacity of its partners within the Movement
in RFL matters, whether in connection with a conflict or other situation of
violence, natural or man-made disaster, international migration or other situations
requiring a humanitarian response from the Movement.
The CTA promotes consistency within the Network and provides the National
Societies with methods and guidelines.1
As coordinator, the CTA decides what action is to be taken in armed conflict or
other situations of violence. In other circumstances requiring an international
effort it coordinates the activities of National Society tracing services to ensure the
most effective possible response to RFL needs.

1 Such as Restoring Family Links: A guide for National Red Cross and Red Crescent Societies (ICRC,
November 2000) and the Recommendations and Conclusions of the International Conference of Governmental
and Non-Governmental Experts on the Missing and their Families (2003).
STRATEGIES AND PLAN OF ACTION 945

As technical adviser, the CTA establishes working practices for tracing services
in all situations. Training seminars and regional meetings are held for the purpose
of pooling experience and consolidating shared knowledge.

The role of the National Societies


The functions of the National Societies are set out in Article 3 of the
Movements Statutes. The National Societies must carry out their humanitarian
activities in conformity with their own statutes and national legislation and act as
auxiliaries to their national authorities in the humanitarian field. In particular, their
role is to assist the victims of armed conflict as stipulated by the Geneva
Conventions, and the victims of natural disasters and other emergencies for whom
help is needed (Arts 3.1 and 3.2). They contribute, as far as they are able, to the
development of other National Societies (Art. 3.3). The Seville Agreement stresses
that a National Society is responsible for its own development.
As outlined in Resolution XVI of the 25th International Conference of the Red
Cross, National Societies have an important role as components of the
international network for tracing and reuniting families. They must continue their
work as long as needs exist, and this may extend well beyond the end of a conflict,
natural or man-made disaster, or other emergency.
National Societies are also called upon to take action in accordance with the
resolutions of regional Red Cross and Red Crescent conferences and the policy
frameworks established within the International Federation. These cover migration
as well as natural and man-made disasters.
In view of the Movements responsibility for helping to preserve or restore the
family unit, the National Societies need to incorporate their RFL activities in an
overall plan of action. They must also draw the attention of the public,
humanitarian agencies and governments to the existence and significance of their
RFL activities.
Individual National Societies are responsible for setting up or consolidating an
effective national RFL network. Depending on the circumstances, they must work
with the CTA, the relevant ICRC delegations and/or the tracing services of other
National Societies. They must decide what action is to be taken during national
disasters, and may call on the ICRC where the RFL response is beyond their capacity.

The role of the Secretariat of the International Federation


The functions of the Secretariat of the International Federation are defined in
Article 6 of the Movements Statutes, and in the Seville Agreement and its
Supplementary Measures. The Secretariat has the lead role regarding the
development of National Societies and coordinating support for those Societies in
terms of institutional development.
Although the Movements Statutes do not specifically mention the part played
by the International Federation in RFL, the Federation Secretariat strives, in
coordination with the ICRC, to have RFL activities included in National Society
946 SECTION IV

development plans and to ensure that disasterpreparedness and response plans


emphasize the role and importance of RFL.
In the event of a natural or man-made disaster, the Secretariat will ensure that
assessments of the situation take into account the need for RFL and the degree to
which the National Societies of affected countries can respond. The role of the
Secretariat also includes liaising with the ICRC, particularly the CTA (so that the
ICRC can play its lead role), and cooperation in the deployment of tracing delegates.
2.2 THE STATUS OF THE FAMILY LINKS NETWORK
To determine how the Movement will achieve its vision in RFL, it is necessary
to understand the current capabilities of the National Society tracing services, the
CTA and ICRC delegations, and to identify the key issues.
The capacities of the National Societies
In 2005, a global mapping exercise was initiated to assess the capacities of the
National Societies tracing services. Over a 12-month period, 154 National Societies
completed an RFL assessment, often in consultation with ICRC delegations.
The capacity assessment considered five core areas:
programme ownership;
programme planning and organization;
the skills and expertise needed to carry out and manage RFL activities;
the network of relationships;
tools and other resources needed to achieve professionalism and efficiency.
The assessment indicates that there is an overall lack of a sense of commitment
to RFL activities within the National Societies. While some Societies see RFL as
part of their responsibilities, generally RFL is not viewed as something that should
be placed at the centre of the Movements humanitarian response. While some
National Societies are well able to conduct RFL activities, capacity across the
Network is uneven and in some areas insufficient. Very few National Societies have
assessed needs in terms of RFL. Such assessments are an important means of
identifying individuals and populations requiring help and of supporting
programme planning, resource allocation and service delivery.
While some National Societies have a good understanding of RFL and of the
expertise needed to conduct and manage those activities, the majority could
improve in this area. Programme tools and resources require further development
if the National Societies are to fully provide professional and effective services.
Without the knowledge, skills and material resources required to carry out RFL, it
is impossible to meet the needs.
It is essential for a National Society to develop and maintain relationships with
other components of the Movement, and to have contact with other humanitarian
agencies and national authorities as well as affected individuals and populations, if it
is to engage in strategic dialogue,develop targeted services and disseminate
information. However, the majority of National Societies have few or no
STRATEGIES AND PLAN OF ACTION 947

relationships of this sort, and have little or no regular contact with other components
of the Movement regarding RFL, at either strategic or service delivery levels.
Overall, the capacity of National Society tracing services to identify and meet
RFL needs is insufficient. The Movement faces significant challenges if it is to have
a truly functional worldwide Network to help people who are without news of
loved ones. However, strengths do exist within National Societies in all areas
covered by the capacity assessment. The Network must capitalize on these
strengths, making better use of information, skills, tools and resources to enhance
the capacity of individual Societies and to strengthen the Network as a whole.
The capacity of the ICRC, through the CTA, to act as coordinator and
technical adviser on RFL
In 2006, the ICRC/CTA undertook a review of its capacity to act as coordinator
and technical adviser on RFL to National Societies. This assessment entailed
interviews with headquarters staff, field questionnaires and visits involving other
humanitarian actors, national authorities and some National Societies.
The assessment considered several key areas:
the role of coordinator and technical adviser;
the management and development of human resources;
RFL methods and tools.
The review highlighted the importance of the ICRCs proximity to individuals
and populations through its extensive, long-term field presence, and the strength
this provides. Its solid experience in the field of RFL and its ability to mobilize
financial resources are well recognized and considered a strength that could be
further exploited. Nevertheless, the ICRC could do more to mainstream RFL in
emergency and contingency planning. Systematic deployment of RFL specialists in
emerging situations or in the start-up phase of new operations would enhance both
assessment and planning.
The definition and positioning of RFL within the ICRC plays an important role
in communication, promotion and lobbying, both internally and externally. There
is a need for clear definitions of the role of coordinator and technical adviser, and
of RFL itself. These terms are understood in different ways within the ICRC and
this has an impact on how National Societies and others outside the Movement
understand the concepts. Clear terminology should be consistently applied in all
documentation and communication regarding RFL.
One of the strengths of the CTA is its expertise in protecting and managing
personal data and its tradition of confidentiality. The value of this cannot be
overstated.
On the other hand, the ICRC/CTA could strengthen its quality-assurance role
by clearly defining the desired RFL results and developing indicators for
monitoring and performance management. Systematic consultation of
beneficiaries would also provide an opportunity to learn more about their needs
and expectations.
948 SECTION IV

RFL knowledge management has a significant impact on the effectiveness by


which the Network and the ICRC undertake RFL.While tools are available, they are
often not known, or are not used consistently. Up-todate, accessible, high-quality
tools are essential to improving performance and to raising the ICRCs and
National Societies profile in the field of RFL.
As coordinator of the Family Links Network, the CTA has the role of both
facilitating and leading. The ICRC/CTA nevertheless needs to improve its
understanding of the needs of the Network and its activities. The ICRC could
strengthen this role by aiming to become a centre of excellence while broadening
access across the Network to RFL knowledge, principles and tools. In addition, the
ICRC/CTA could take greater advantage of the experience and interest of National
Societies to build capacity across the Network.
Overall, the ICRC/CTA has great ability in terms of its traditional tasks.
However, further investment is needed in building National Society capacity and
exploiting the resources available within the Network.
2.3 THE EXTERNAL ENVIRONMENT
The work of restoring family links takes place in an ever-changing environment
to which the Movement must constantly adapt. The changing nature of armed
conflict and other situations of violence, the increase in the number of natural and
man-made disasters, massive population movements and forgotten social cases,
and the emergence of new technologies all affect the environment in which the
Movement undertakes RFL.
Armed conflicts and other situations of violence
Today, internal armed conflicts and other types of internal violence account for
most cases of armed violence. These are generally characterized by the
widespread proliferation of weapons and by mass displacement, especially from
the countryside to towns, resulting in sprawling urban centres in many
countries. In such situations, families become dispersed, combatants and
civilians are wounded, people are killed and their bodies are not properly
identified, and people are detained without anyone being notified. In addition,
regions become inaccessible and means of communication are disrupted.While
the total number of refugees has decreased in recent years to an estimated
8.4 million persons,2 the number of internally displaced persons resulting from
conflict and other situations of violence is currently estimated at around
23.7 million, involving some 50 countries.3

2 Global Refugee Trends (UNHCR, 9 June 2006): By the end of 2005, the global number of refugees
reached an estimated 8.4 million persons, the lowest level since 1980. This figure does not include 4.3 mil-
lion Palestinian refugees falling under the responsibility of the United Nations Relief and Works Agency for
Palestinian Refugees in the Near East.
3 Internal Displacement: Global Overview of Trends and Developments in 2005 (Internal Displacement
Monitoring Centre, March 2006).
STRATEGIES AND PLAN OF ACTION 949

Natural and man-made disasters


Global climate change is expected to have wide-ranging effects on the natural
environment, on societies and on economies. Scientists predict that this change
will increase the number of extreme weather events. Population growth,
urbanization and the impact of poverty on peoples ability to move make it
more likely that increasing numbers will be vulnerable to natural disasters.
From 2004 to 2006, millions of people were displaced and hundreds of
thousands lost their lives or livelihoods as a result of tsunamis, earthquakes and
hurricanes.
Management of human remains and information on the dead
Failure to identify people who have died during emergencies especially armed
conflicts or other situations of violence significantly increases the number of
persons classified as missing.Very often, little or nothing is done to find, collect
and deal with the remains of those killed in fighting or in other circumstances.
Human remains are often buried without being identified and graves are often
not marked. As a result, valuable information on the dead is lost or unavailable,
and families either do not know that their missing relatives have died at all, or
are aware of their death but do not know the location of their bodies.
Managing human remains is also one of the most difficult aspects of the
response to natural and man-made disasters. Recent events the continuing
plight of relatives of persons missing in connection with the conflicts in the
Balkans and the massive loss of life following the South Asian tsunami in 2004
and several other recent major disasters in the Americas and South Asia
highlighted limits to the ability of local systems to enable identification of
human remains. There are also challenges involving inter-agency coordination,
especially in situations where fact-finding missions are taking place alongside
humanitarian operations, with clear differences in mandates and priorities.
International migration
Cross-border population movements have steadily increased and now
constitute one of the most complex issues faced by governments, humanitarian
organizations and other bodies. The United Nations4 estimated the number of
migrants5 at 191 million in 2005 and this figure is projected to reach 230 million
by 2050. International migration affects countries at different levels of economic
development and of varying ideologies and cultures. Migrants are now to be
found in every part of the world, with many States being simultaneously
countries of origin, transit and destination. Increasingly restrictive migration
policies have resulted in the proliferation of processing and detention centres

4 Trends in Migrant Stock (United Nations, Revision 2005).

5 People who crossed an international border.


950 SECTION IV

and the increased involvement of various organizations in helping people


deprived of their freedom in the areas of legal and psychological support, family
tracing and integration. In addition, trafficking in persons and human
smuggling are two of the fastest growing areas of international criminal activity.
According to various studies, 600,000 to 800,000 6 people are allegedly trafficked
each year, the majority women and children. Extreme poverty, lack of economic
opportunity, civil unrest, political uncertainty and disregard for the basic
principles of humanity all contribute to an environment that encourages the
smuggling and trafficking of human beings.
Civil society
Demands on public services for support to individuals and whole communities
continue to grow as a result of conflicts, natural and man-made disasters,
poverty and the movement of populations within and from outside countries.
Public services will face increasing pressure to meet the need for:
information on the whereabouts of family members,
legal advice and social and psychological support for the families of missing
persons and for migrant populations,
family reunification, integration and resettlement services.
Science
Forensic sciences play an increasingly important role in the management and
identification of the remains of people who have disappeared or been killed in
connection with conflict or other man-made or natural disasters. In particular,
forensic procedures (autopsies, fingerprinting, dental examinations and DNA
analysis) are used to identify remains and to find out what has happened to
missing persons.
Technology
Access to information technology continues to grow across the world,
providing greater opportunities for communication and shortening the time
needed for a humanitarian response. Major differences in access to and use of
these technologies persist, but substantial change has taken place. Mobilephone
capacity has grown significantly in recent years in nearly all parts of the world,
particularly Asia and Latin America. Despite major differences between
countries and areas, Africa is also experiencing impressive growth in
mobilephone use. Increased access to the Internet, greater use of computers and
regionally accessible protected databases are providing more effective ways of
communicating and transmitting data.At the same time this raises issues for the
protection of personal data and other sensitive information.

6 Migration in an interconnected world: New directions for action, Report of the Global Commission on
International Migration (October 2005).
STRATEGIES AND PLAN OF ACTION 951

Media
The media are present on the ground in selected crises of humanitarian
concern, playing a catalytic role as formers of public opinion and affecting the
way in which governments and humanitarian agencies deal with those crises.
The immediacy of international news (especially television) and widespread
access to information technologies increase, it is true, the ability of the
humanitarian sector to respond rapidly to needs. But they also generate
unrealistic expectations. Meanwhile, other crises often with a more severe
impact in humanitarian terms receive little media attention. The media can
today define what is and what is not a humanitarian emergency by
emphasizing or ignoring an event.
Other actors
The number of organizations conducting, or willing to conduct RFL continues
to increase, especially in connection with unaccompanied minors and/or
minors separated from their families. The United Nations Childrens Fund, the
Office of the United Nations High Commissioner for Refugees, the Save the
Children Fund, the International Rescue Committee and World Vision
International are some of the best-known organizations helping these children.
The International Organization for Migration is stepping up its work in the field
of migration, and other bodies such as the International Commission on
Missing Persons are intensifying their work to resolve cases of persons
unaccounted for. Increasingly the Movement finds itself in competition with
international and national organizations that today engage in this traditional
Movement activity. There is often a lack of interagency cooperation and
coordination owing to inadequate specialized skills and common standards and
procedures, to an absence of operational planning and knowledge of activities
carried out by others, to limited financial resources and to a desire to promote
ones own organization. The corporate sector especially software companies
is increasingly itself taking RFL action or supporting others in this realm during
high-profile natural and man-made disasters.
In an increasingly competitive environment, the impact of external trends must
be anticipated, with services reviewed and adapted to render them increasingly
professional, targeted and innovative. Intensified coordination within the
Movement and cooperation with external actors is essential if the Family Links
Network is to help affected groups and individuals and if the service is not to be
taken over by other humanitarian organizations.

2.4 STRATEGIC OBJECTIVES


The capacity assessments and the factors in the external environment highlight
the significant challenges faced by the Movement in improving RFL performance.
While conflicts and other situations of violence account for the bulk of its work,
the Family Links Network also meets RFL needs arising from natural and man-
952 SECTION IV

made disasters, population movements (including international migration) and


other situations requiring a humanitarian response.
Specific situations require specific RFL responses. Before any services can be
provided, the needs related to dispersed family members and missing persons must
first be identified, then the gaps in services and the resources required to fill them.
This process must ensure that RFL needs are met somehow either by components
of the Movement or by other entities.
The RFL Strategy for the Movement therefore proposes three objectives. These
objectives flow from an analysis of the current status of the Family Links Network
and the present and future challenges presented in the external environment.
STRATEGIC OBJECTIVE 1
Improving restoring family links capacity and performance
Building a Family Links Network that is robust and meets the needs of affected
individuals and populations requires medium- and long-term investment in order
to enhance and effectively utilize skills and resources. Building capacity requires
coherent methodology, effective mobilization of human resources, training and
systematic exchange of information to ensure that the best practices are employed.
The Movement must also better understand the environment in which it works
and be able to adapt and fully utilize modern technologies.
STRATEGIC OBJECTIVE 2
Enhancing coordination and intra-Movement cooperation
The Movements ability to effectively meet the needs of people separated from
their families depends on the efficiency and effectiveness of the Family Links
Network. Improving capacity to respond rapidly in emergencies, enhancing
functional cooperation and coordination within the Movement at all times and
strengthening interaction with the authorities and other organizations will
improve performance across the Network.
As coordinator of the Family Links Network, the ICRC draws more than
previously on National Society contributions to build capacity, strengthen
regional linkages and share responsibility for building a stronger Network.
STRATEGIC OBJECTIVE 3
Strengthening support for restoring family links
The Movement is in a unique position to conduct RFL since it is the only
organization having a worldwide network with the potential to aid affected
individuals and populations everywhere. To lead in the field of RFL, the
Movement must place its work on a solid foundation, encourage and motivate
staff and volunteers to adopt its vision and practices, and improve communication
so as to assume a commanding position in the humanitarian sector. The
Movement can enhance its leading role in RFL by strengthening its components.
STRATEGIES AND PLAN OF ACTION 953

For the Family Links Network, building capacity means investing in the
development and strategic orientation of RFL activities. The Implementation Plan
for the RFL Strategy focuses on the following actions:
understanding RFL and the related needs of separated and missing people;
strengthening programme ownership for RFL activities;
raising the profile of RFL and enhancing its positioning;
improving RFL capability and services;
improving cooperation between National Societies and across the Network as
a whole;
coordinating more effectively and consistently; and
understanding and improving coordination with authorities and other
organizations providing services in this field.
Restoring Family Links Strategy for the International Red Cross and Red
Crescent Movement Summary chart
Vision
Whenever people are separated from their loved ones as a result of armed
conflict and other situations of violence, natural disaster or other situations
requiring a humanitarian response, the Movement responds efficiently and
effectively by mobilizing its resources to restore family links.
Actions

Develop capacity for assessing RFL needs and planning


operational response
Enhance RFL response through training and information
1 exchange

Improving RFL capacity Develop and utilize comprehensive guidelines and tools
and performance. for building RFL capacity
Build the capacity to assess, adapt and incorporate
technology for greater programme efficiency
Increase resource mobilization and support for
RFL activities

Improve the Movement's rapid-response capacity for


Strategic Objectives

emergencies
2
Strengthen coordination within the Family Links Network
Enhancing coordination and Strengthen Movement cooperation through the
intra-Movement cooperation. increased flow of resources and knowledge between
National Societies
Increase interaction with authorities and with other
organizations

Build a strong organizational foundation for


3 RFL activities in all situations and contexts

Strengthening support Enhance Movement support for and understanding


for restoring family links of RFL activities through internal promotion
Increase communication with key external stakeholders,
to position the Family Links Network as the leader
in this field
954 SECTION IV

3. IMPLEMENTATION PLAN FOR THE MOVEMENT


The ultimate aim of the RFL Strategy for the International Red Cross and Red
Crescent Movement is to better meet the needs of individuals and entire
populations by improving the performance of the Family Links Network.
The three strategic objectives cover performance management, coordination
and cooperation, and leadership and positioning in the field of RFL. The strategic
objectives are all interlinked and the measures taken for one will affect the others.
The Implementation Plan outlines the actions to be taken to achieve each of the
strategic objectives and lists the results expected. It also proposes implementation
measures and sets out the responsibilities and time frames for the Movement
components concerned.
The time frames proposed for implementation of the various measures should
guide all components in adapting the Strategy and developing their individual
plans. The time frames take into consideration and may be adapted according
to global, regional, national and local particularities. They are intended to be
specific enough to indicate the measures required but general enough to allow
adaptation to local circumstances and needs.
Underpinning the Strategy is the effort to enhance participation in the Family
Links Network by all the Movements components. The Strategy and Implementation
Plan outlines a Movement-wide approach which recognizes that meeting RFL needs
and building capacity is not only an ICRC responsibility but a responsibility for all
the components within the framework of their respective mandates.
STRATEGIC OBJECTIVE 1: IMPROVING RESTORING FAMILY LINKS CAPACITY AND
PERFORMANCE
Building a Family Links Network that is robust and meets the needs of affected
individuals and populations requires medium- and long-term investment in order
to enhance and effectively utilize skills and resources. Building capacity requires
coherent methodology, effective mobilization of human resources, training and
systematic exchange of information to ensure that the best practices are employed.
The Movement must also better understand the environment in which it works
and be able to adapt and fully utilize modern technologies.

Action 1 RFL needs and the capacity to meet them must be


Develop capacity for systematically and meticulously assessed. The Movement must
assessing RFL needs regularly review and adapt its services to account for needs,
and planning opera- capacities, resources and the operational context.
tional response
Expected results RFL needs are identified, the ability to meet them known.
There is regular assessment and adaptation.
The affected individuals and populations take part in the
RFL assessments.
STRATEGIES AND PLAN OF ACTION 955

Plans of action are developed to provide suitable


programmes for affected individuals and populations.
Operational plans clearly respond to national, regional and
international needs in emergencies and non-emergencies.
Implementation The National Societies and the ICRC/CTA will:
1.1.1 Undertake, in consultation with the affected individuals,
populations and other concerned parties, comprehensive
RFL assessments incorporating:
existing and potential populations in need of RFL assistance
(RFL core activities and interconnected activities);
the capacity of the National Society or the ICRC to respond;
the role and activities of authorities and other organizations
in this field;
Assessments of RFL needs should include, according to the
respective contexts;
people affected by armed conflict (international and non-
international);
people affected by internal disturbances and other
situations of internal violence;
refugees and asylum seekers;
migrants
people affected by natural and man-made disasters.
particularly vulnerable people (children, the elderly and
social cases, where the components of the Movement may
play a specific role by virtue of their respective mandates);
1.1.2 Develop operational plans to meet the needs of affected
populations and respond to enquiries from within the
Family Links Network. Plans should include systematic
consultations with beneficiaries and review of RFL action,
and consider, where necessary, combining RFL activities
with other programmes (e.g. health, social-welfare, disaster
preparedness and response, first aid).

1.1.3 Revise, by 2010, the assessment tools needed to


systematically include RFL in surveys of vulnerable
populations.

The ICRC will:


1.1.4 Develop, by 2009, comprehensive RFL assessment tools in
consultation with National Societies.
1.1.5 Support National Societies, where requested, in the
incorporation of RFL in operational plans.
956 SECTION IV

The International Federation will:


1.1.6 Include RFL in disaster-preparedness and emergency-
response plans.
1.1.7 Encourage and, in coordination with the ICRC, support
National Societies in their incorporation of RFL in
operational plans.

Action 2 To improve performance and build professional practices, it is


Enhance RFL important to develop the knowledge and skills required for
response through RFL. Greater awareness of the connections between RFL and
training and other Movement programmes leads to better service.
information Investing in professional development for staff and volunteers
exchange will have a direct, positive impact on performance and
enhance the Movements credibility.
Expected results RFL staff and volunteers possess the professional skills and
adopt the practices needed for high-quality RFL.
Greater exchange of information between RFL practitioners
at the ICRC and in National Societies.
International Federation Secretariat staff and delegates
understand RFL and the connection between RFL and other
programmes.
Implementation The National Societies will:
1.2.1 Devise and run training programmes for professional staff
and volunteers covering RFL response to national needs and
to requests from the Family Links Network. RFL will be
incorporated into training programmes for volunteers
wherever possible.
1.2.2 Develop RFL programmes to supervise and support RFL
practitioners at headquarters and in the branches.
1.2.3 Carry out staff exchanges, programme visits or internships
involving other National Societies, convey useful practices
and build an understanding of RFL across a variety of
contexts.

The ICRC/CTA will:


1.2.4 Devise and conduct, by 2010, a professional training and
development programme enabling heads of National Society
tracing services and ICRC practitioners to build skills,
consolidate knowledge and enhance information exchange.
1.2.5 Devise, by 2011, RFL training modules for various types of
situations on the basis of the Restoring Family Links Manual
for the Movement.
STRATEGIES AND PLAN OF ACTION 957

1.2.6 Incorporate the following into professional development


programmes for ICRC staff: staff exchanges, programme
visits to or internships in National Societies.
1.2.7 Every three years conduct regional capacity-building
courses for RFL practitioners (commencing in 2011). These
workshops will focus on developing professional skills and
knowledge, regional and inter-regional issues and the
Implementation Plan of the RFL Strategy for the Red Cross
and Red Crescent Movement.
1.2.8 Further develop and run training programmes for ICRC
staff covering RFL response to national needs and response
to requests from the Family Links Network. Increase
involvement and training of locally hired ICRC staff in RFL.
1.2.9 Increase knowledge and understanding of RFL capacity-
building principles and concepts among ICRC staff.
1.2.10 Encourage National Societies to carry out staff exchanges,
programme visits and internships with other National
Societies.

The International Federation will:


1.2.11 Include, by 2010, RFL in training programmes for
Secretariat staff, disaster-preparedness and emergency-
response teams and field delegates, utilizing the RFL
modules devised in cooperation with the ICRC.
1.2.12 Include, by 2010, RFL in training programmes for
organizational development delegates.

Action 3 Restoring family links across a range of diverse situations of


Develop and utilize humanitarian concern requires common guidelines and tools
comprehensive for building coherent methods, practices and understanding
guidelines and tools across the Network. To measure performance and ensure that
for building RFL services are of high quality and truly benefit those in need,
capacity performance indicators, monitoring and evaluation tools must
be used.

Expected results Standard guidelines and tools for the development of RFL
activities are developed and utilized across the Movement.
Performance management in RFL is improved through the
development and use of indicators, monitoring, evaluation
and regular reporting systems.

Implementation The National Societies will:


1.3.1 Regularly collect, by 2013, data on RFL using the Family
Links Network data collection tool and analyse that data to
ensure high-quality service and optimum use of resources.
958 SECTION IV

1.3.2 Establish, by 2013, processes for the monitoring and


evaluation of RFL activities, using the Family Links Network
performance management tools.
1.3.3 Develop, by 2013, RFL guidelines and tools adapted to the
context and culture, in accordance with the Restoring Family
Links Manual for the Movement and the Family Links
Network performance management tools.
1.3.4 Disseminate, by 2014, RFL guidelines and tools throughout
their headquarters and branches.

The ICRC/CTA will:


1.3.5 Lead the development of a comprehensive Restoring Family
Links Manual for the Movement. Such a manual will build on
Restoring Family Links: A Guide for National Red Cross and
Red Crescent Societies, Conclusions and Recommendations of
the Expert Conference on the Missing and their Families,
Guiding Principles for Separated and Unaccompanied
Children, Guidelines for Tracing in Disasters, Management of
Dead Bodies after Disasters: A Field Manual for First
Responders, and the forthcoming Field Manual for Restoring
Family Links in Disasters, to be completed by 2011.
1.3.6 Finalize, by 2008, the Field Manual for Restoring Family Links

in Natural or Man-made Disasters.
1.3.7 Adapt, by 2009 and in cooperation with National Societies
and the International Federation, traditional RFL guidelines
and tools for use in migration situations and human
trafficking.
1.3.8 Develop, by 2011, a single RFL data-collection tool for use by

all National Societies and the ICRC, and produce periodic
reports on the activities of the Family Links Network.
1.3.9 Develop, by 2011 and in consultation with National Societies,
performance-management tools for the Family Links Network
including: indicators (for example timeliness, situations
analysis), monitoring, evaluation and impact assessment.
1.3.10 Support National Societies in incorporating RFL guidelines
into disaster-preparedness and response plans, and
performance-management systems.
1.3.11 Increase, by 2012, the use of qualitative data collection and
analysis in the monitoring systems for ICRC operations.

The International Federation will:


1.3.12 Encourage and, in coordination with the ICRC, support
National Societies in incorporating the ICRCs RFL
guidelines and tools in disaster preparedness and response,
and in performance-management systems.
STRATEGIES AND PLAN OF ACTION 959

Action 4 The Movements components use methods and technologies


Build the capacity adapted to the context. To ensure that the Network is responsive
to assess, adapt and and effective, they use electronic data transmission, mobile
incorporate computers, database systems, the Internet, and new
technology for technologies. Modern technologies are assessed and integrated
greater programme to provide increasingly professional, targeted and innovative
efficiency. services, and thus improved response.
All RFL activities must ensure the protection of individual data
and of any other sensitive information, at all times. The
confidentiality of personal and other sensitive data is
paramount and the principles for their protection must be
respected by all.

Expected results The Movement has the ability to use the methods and
technology best suited to each situation. It anticipates,
reviews, adapts and applies new methods and technologies to
improve its services.
The Family Links Network utilizes information technologies
according to need, culture and operational context to ensure
maximum effectiveness. It protects personal and other
sensitive data.

Implementation The National Societies will:


1.4.1 Ensure that their tracing services have access to the Internet
and other technologies that help improve performance.
1.4.2 Share with the ICRC applications or technologies developed
for RFL.
1.4.3 Contribute, by 2012 and in cooperation with the ICRC, to the
appraisal and development of new RFL methods and
technologies.
1.4.4 Approach the CTA to use the ICRCs Family Links website for
RFL response in major natural or man-made disasters.

The ICRC will:


1.4.5 Conduct, by 2010, regular assessments of existing and new
RFL methods and technologies.
1.4.6 Propose and implement, by 2012, new methods and
technologies, backed up by guidelines, for the Family Links
Network. These will be based on needs, culture and context.
1.4.7 Assess, by 2012, the feasibility of cooperation with private
companies to further develop technical tools and provide
support materials in accordance with Movement standards.
1.4.8 Develop, by 2012 and in consultation with National Societies,
standardized software with training materials for National
Society RFL activities.
960 SECTION IV

1.4.9 Continue to provide National Societies with space on the


ICRCs Family Links website, in accordance with defined
guidelines.

The International Federation will:


1.4.10 Support, in coordination with the ICRC, National Societies
in making the Internet available to tracing services and
accessing other needed technologies.

Action 5 In order to support the development and delivery of RFL


Increase resource activities, the Movements components must better utilize the
mobilization and resources they have and increase the resources at their disposal.
support for All the components can boost their ability to raise funds. In
RFL activities addition to financial resources, the Movement will better
identify the skills, capacities and contributions that the various
components need to share. In this way, resources can be better
utilized across the Network.

Expected results National Societies have the capacity and expertise to raise
funds for RFL activities and to support service delivery.
The different components of the Movement mobilize the
resources (financial and non-financial) required to meet the
need for RFL.
Governments and private donors provide financial and
material support for RFL.

Implementation The National Societies will:


1.5.1 Ensure cooperation between fundraising, communication
and tracing services and develop plans of action to raise
funds for RFL that are part of the overall fundraising policy.
1.5.2 Share with each other information and best practices
regarding fundraising.
1.5.3 Allocate core funds to develop and maintain RFL, and assess
diversified funding sources.
1.5.4 Incorporate RFL in their regular fundraising appeals.
1.5.5 Participate, in 2008, 2011, 2014 and 2017, in the RFL
contributions assessment that will identify the skills,
capacities, time and resources that can be shared across the
Network.

The ICRC will:


1.5.6 Coordinate a pan-Movement effort to devise tools to raise
funds for National Society RFL, a process to be completed by
2011.
STRATEGIES AND PLAN OF ACTION 961

1.5.7 Work with National Societies to devise communication and


marketing tools for RFL by 2010.
1.5.8 Commencing in 2008, undertake every three years an RFL
contributions assessment together with National Societies to
identify the skills, capacities, time and resources available
within the Network and to maximize their use.
The National Societies and the ICRC will:
1.5.9 Devise fundraising proposals based on identified RFL
projects.
1.5.10 Talk to donors about RFL to ensure that this work is known
and understood.

The International Federation will:


1.5.11 Work with the ICRC to support National Societies in their
efforts to ensure cooperation between their fundraising,
communication and tracing services, and to include RFL as
part of their overall fundraising policies.

STRATEGIC OBJECTIVE 2: ENHANCING COORDINATION AND INTRA-MOVEMENT


COOPERATION
The Movements ability to effectively meet the needs of people separated from
their families depends on the efficiency and effectiveness of the Family Links
Network. Improving capacity to respond rapidly in emergencies, enhancing
functional cooperation and coordination within the Movement at all times and
strengthening interaction with the authorities and other organizations will
improve performance across the Network.
As coordinator of the Family Links Network, the ICRC draws more than
previously on National Society contributions to build capacity, strengthen regional
linkages and share responsibility for building a stronger Network.

Action 1 Increasingly major and complex emergencies, combined with


Improve the varying capacities for RFL response within the Movement,
Movements require better coordinated and faster response. Reducing the
rapid-response time taken to assess needs and deliver RFL activities is essential
capacity for for effectiveness.
emergencies Taking into account that RFL operational activities are
coordinated by:
the ICRC in conflicts and other situations of violence or in
disasters requiring an international response,
962 SECTION IV

individual National Societies during national disasters, and


the ICRC at the request of the National Society where the
RFL response is beyond the latters capacity during
national disasters,
greater emphasis must be placed on a rapid and coordinated
response, making better use of Movement resources and
experienced RFL specialists.
Expected results The Movements various components have incorporated RFL
in emergency-preparedness and response plans.
The components respond rapidly and effectively to RFL
needs in emergencies.
The components mobilize resources at a local, regional
and/or international level, as required by the emergency.

Implementation The National Societies will:


measures
2.1.1 Incorporate RFL action in emergency-preparedness and
response plans in accordance with ICRC guidelines for RFL
response in natural or man-made disasters, and ensure
appropriate training for all first responders.
2.1.2 In national disasters, call on the ICRC without delay for
support where the need for RFL outstrips their capacity.
2.1.3 In accordance with the Framework for Deployment of
International RFL Specialists during Disasters, provide the
ICRC/CTA with trained RFL specialists for rapid
deployment. Such specialists for rapid deployment will be
taken from a predefined pool only with the agreement of
each National Society.
2.1.4 Assess, by 2011, the need for, and feasibility of, establishing
National Society sub-regional focal points for RFL response
in natural or man-made disasters. If deemed useful, establish
such RFL focal points.
The ICRC/CTA will:
2.1.5 Systematically deploy RFL specialists in conflict or other
situations of violence to assess the situation and plan action.
Ensure that RFL is included as part of the general rapid-
response approach.
2.1.6 Help National Societies, in cooperation with the
International Federation, to incorporate RFL in emergency-
preparedness training programmes.
2.1.7 Launch and guide, by 2008, the development and management
of an international disaster-response mechanism for rapid
deployment of RFL specialists and devise a Framework for the
Deployment of International RFL Specialists during Disasters.
STRATEGIES AND PLAN OF ACTION 963

2.1.8 Activate, according to established criteria and at the request


of the National Societies, the disaster-response mechanism in
natural or man-made disasters.
2.1.9 Ensure suitable training for staff to be deployed and monitor
and evaluate both the deployment and RFL response.
2.1.10 When coordinating the RFL response in natural or man-
made disasters, deploy RFL specialists to assess and plan an
action strategy, and disseminate information through the
Family Links Network. Ensure cooperation with the
International Federation disaster-response teams.
2.1.11 Help National Societies, by 2011, to assess the need for, and
feasibility of, establishing sub-regional RFL focal points for
natural or man-made disasters, in collaboration with the
International Federation and other National Societies.
Support the establishment of such focal points if deemed
useful.

The International Federation will:


2.1.12 Support National Societies, in cooperation with the ICRC,
and help them include RFL in their disaster-preparedness
and response plans in accordance with ICRC guidelines for
RFL response in natural or man-made disasters.
2.1.13 Ensure that any RFL-relevant information gathered by
emergency-response teams will be shared with the host
National Society and the CTA to ensure optimum RFL
response.
2.1.14 Incorporate RFL requirements in emergency appeals where
requested by the ICRC.
2.1.15 Encourage National Societies to share with the ICRC/CTA
best RFL practices in natural and man-made disasters.

Action 2 Harmonizing the Movements work to provide an


Strengthen internationally consistent response over the short, medium and
coordination within long terms requires participation by all components. This
the Family Links should not be a static exercise coordination requires
Network increased interaction, the exchange of information, the
identification of issues and the building and retention of RFL
knowledge. Employing a specific regional focus, enhance
services and make better use of existing knowledge and skills
within the Family Links Network.

Expected results Information exchange is stronger, leading to better building


and coordination of organization-wide RFL knowledge.
Regional interaction is increased and issues identified.
Consistent action is taken to address existing and emerging
RFL needs.
964 SECTION IV

The role of the ICRC as the facilitator and coordinator of the


Family Links Network is strengthened and National Society
participation is increased.
Implementation The National Societies will:
2.2.1 Contribute to greater regional coordination in RFL by
prioritizing this subject in regional forums, strengthening the
exchange of information and best practices with other
National Societies and the ICRC/CTA, and building stronger
links with other National Societies in their respective
regions.
2.2.2 Seek to harmonize criteria for the acceptance of RFL cases,
ensuring that they take into account regional particularities.

The ICRC/CTA will:


2.2.3 Devise, by 2010, a new interactive Family Links Network
Extranet that provides on-line training tools and offers the
possibility of exchanging best practices, data, tracing criteria
and thoughts on development issues, among other things.
2.2.4 Explore, by 2011, the establishment of new regional
ICRC/CTA RFL units that act as focal points for networking
and information exchange, professional development
training and capacity building in restoring family links. If
deemed useful, set them up.
2.2.5 Commencing in 2009, conduct biennial regional RFL
meetings for National Society practitioners, ICRC staff and
representatives of the International Federation to coordinate
and develop consistency in RFL policy, implementation and
methodology.

The International Federation will:


2.2.6 Incorporate RFL in regional meetings with National
Societies, when needed to improve coordination.

Action 3 High-quality RFL in both emergency situations and stable


Strengthen environments means involving different components of the
Movement Family Links Network at different times. The Networks
cooperation through resources are better utilized and cooperation strengthened if
the increased flow the National Societies play a greater role in RFL capacity
of resources and building (within an agreed framework).
knowledge between
National Societies.
Expected results Strategic partnerships between National Societies and the
CTA support long-term capacity development.
STRATEGIES AND PLAN OF ACTION 965

Sufficient RFL specialists are available for capacity-building


programmes and operational deployment.
Stronger relationships exist between RFL practitioners and
there is an improved exchange of best practices.

Implementation The National Societies will:


measures
2.3.1 Contribute, by 2009 and in coordination with the ICRC, to a
framework for partnerships addressing the international
involvement of National Societies in programmes to build
the capacity of tracing services.
2.3.2 Use, commencing in 2010 and for all international RFL, the
ICRCs capacity-building framework for RFL together with
National Societies.
2.3.3 Contribute, by 2011 and in cooperation with the ICRC, to the
development of training modules for RFL capacity building.
2.3.4 Increase the availability and training of, and support for,
experienced RFL staff to create a pool of capacity-building
experts for international work.
2.3.5 Regularly engage in bilateral contacts with the tracing services
of other National Societies, to improve RFL results and better
share information.

The ICRC will:


2.3.6 Review and revise, by 2009 and in coordination with
interested components of the Movement, the framework for
partnerships for National Societies working internationally
in programmes to build the capacity of tracing services.
2.3.7 Promote and support partnerships with National Societies
working internationally to build the capacity of individual
National Societies or across regions within the above-
mentioned framework.
2.3.8 Maintain an overview of bilateral cooperation and exchanges
between the tracing services of National Societies.
2.3.9 Create, by 2012, a pool of RFL capacity-building experts to
work with National Societies, supervised and coordinated by
the ICRC at the regional and worldwide levels.
2.3.10 Adapt and further develop RFL capacity-building tools,
including training modules, all by 2011.
2.3.11 Devise, by 2008, minimum conditions for commencing RFL
capacity-building programmes with National Societies, and
indicators to measure progress.
2.3.12 Support joint pilot initiatives by National Societies wishing to
be involved in RFL for specific situations, particularly
migration.
966 SECTION IV

The International Federation will:


2.3.13 In conjunction with the ICRC, help National Societies
incorporate RFL in organizational-development programmes.
2.3.14 Work in cooperation with the ICRC to ensure best use of
resources, programme planning and management for
organizational-development activities and capacity-building
programmes.
Action 4 Successful implementation requires a better integrated, more
Increase interaction compatible and better coordinated approach when dealing
with the authorities with the various interested parties outside the Movement. To
and with other avoid duplication of effort and achieve better results, there must
organizations be greater understanding of the role and activities of non-
Movement parties concerned with RFL, the development of
common principles for RFL and improved consistency in
selecting target populations, identifying areas of expertise and
determining which activities are needed.

Expected results Common definitions and principles regarding RFL are


applied by the various components of the Movement and
other parties concerned with this work.
Optimum interaction is achieved with the authorities and
other organizations, thus improving RFL response.
State authorities comply with their obligations under
international law regarding dispersed family members and
missing persons and cooperate with National Societies and
the ICRC on the basis of the Geneva Conventions and the
resolutions of the International Conferences of the Red Cross
and Red Crescent.

Implementation The National Societies will:


2.4.1 Regularly both remind State authorities of their responsibili-
ties towards affected individuals and populations requiring
RFL assistance and seek their increased support for that
work.
2.4.2 Ensure that they comply with national laws on the protection
of personal data.
2.4.3 Develop a close relationship with governmental services in
order to avoid delays in response. Consider memorandums
of understanding with governmental bodies.
2.4.4 Establish and strengthen relationships with the authorities
and other organizations providing similar or related services
at the local and national levels.
STRATEGIES AND PLAN OF ACTION 967

2.4.5 Review national legislation to ensure that family links issues


are included in national disaster-preparedness and response
plans, and engage with State authorities for their inclusion
where necessary. This should include ensuring that such plans
set out the role of the National Society in restoring family links.

The ICRC/CTA will:


2.4.6 Regularly remind State authorities, armed groups and security
forces of their obligations under international law and
commitments undertaken at the International Conference of
the Red Cross and Red Crescent.
2.4.7 Support National Societies, where needed, in their discussions
with State authorities on their responsibilities and the role of
the National Societies and the ICRC in RFL. Support
adaptation of relevant national legislation if necessary.
2.4.8 Work for the development, by 2013, of common principles for
RFL. Such principles would include common definitions,
professional standards and ethical norms, compatible
procedures and systems, the definition of target populations,
specific aspects of RFL activities (e.g. child protection), data
protection and needed coordination mechanisms.
2.4.9 By 2010, collect examples of good practice in collaboration
with international and national organizations, and draw up a
list of factors contributing to success.
2.4.10 Draw up, by 2012, guidelines on how the Movement can
cooperate with international and national organizations on
RFL in emergencies, and disseminate those guidelines
throughout the Movement and as appropriate within other
international organizations.
2.4.11 Strengthen dialogue with international organizations with
which the Movement seeks coordination regarding RFL and,
where necessary, explore framework agreements aimed at
better meeting needs.

STRATEGIC OBJECTIVE 3: STRENGTHENING SUPPORT FOR RESTORING FAMILY LINKS


The Movement is in a unique position to conduct RFL since it is the only
organization having a worldwide network with the potential to aid affected
individuals and populations everywhere. To lead in the field of RFL, the Movement
must place its work on a solid foundation, encourage and motivate staff and
volunteers to adopt its vision and practices, and improve communication so as to
assume a commanding position in the humanitarian sector. The Movement can
enhance its leading role in RFL by strengthening its components.
968 SECTION IV

Action 1 The Movements ambition is to lay a solid foundation for RFL.


Build a strong Much remains to be done for its components to shoulder their
organizational responsibility in this field. The process of revising both
foundation for National Society statutes and the policy frameworks of the
RFL activities in various components to reflect RFL signals a commitment to
all situations and improving RFL activities and working toward a consistent
contexts. response to needs. So too does the effort to improve service
development and management.

Expected results National Society statutes and policy frameworks reflect the
legal basis for RFL, its objectives and the specific tasks
involved.
National Society strategic and development plans specifically
address RFL commitments made at statutory meetings of the
Movement.
National Societies have management structures that support
and develop RFL activities.
Implementation The National Societies will:
3.1.1 Define their precise RFL roles and functions in the different
situations that may arise, taking into account the Movements
resolutions.
3.1.2 Revise their Statutes, in accordance with the International
Federations Guidance for National Society Statutes, to reflect
their RFL roles and responsibilities as defined in the
Movements Statutes and resolutions.
3.1.3 Create or revise national strategic and development plans to
include national and international RFL activities.
3.1.4 Establish operational links between tracing services, disaster-
preparedness and disaster-response programmes, volunteer
management and other relevant units such as dissemination
and information.
3.1.5 Develop an internal system to support RFL, including
management, service development and involvement of
volunteers.

The ICRC will:


3.1.6 Coordinate with the International Federation in supporting
revision and amendment by the National Societies of their
Statutes, development plans and strategies.
3.1.7 Review, by 2009, internal policies and guidelines in situations
of violence (including conflict) and other situations to ensure
that RFL activities are included.
STRATEGIES AND PLAN OF ACTION 969

The International Federation will:


3.1.8 Review and revise, by 2011, policy and strategic documents,
tools and guidelines for inclusion of National Society RFL
activities across all programme areas.
3.1.9 Support, and actively promote, the inclusion of RFL in the
revision of Strategy 2010.
3.1.10 Support, in conjunction with the ICRC, the National
Societies in revising their Statutes and incorporating RFL in
their development plans and strategies.
3.1.11 Undertake, by 2009, a mapping exercise with National
Societies for organizational development and work closely
with the ICRC to ensure the incorporation of RFL.

Action 2 Making RFL responsibilities and action better known among


Enhance Movement the Movements components will increase both understanding
support for and and support. Since RFL needs are inadequately communicated
understanding of within the Network, continuous effort is required to raise
RFL activities awareness and pool information. This will lead to National
through internal Society leaders feeling a greater sense of direct responsibility
promotion for RFL activities and to volunteers and staff better identifying
needs, and to a more integrated response.

Expected results All governance representatives, volunteers and staff


understand the importance of RFL and the respective roles of
the Movements different components.
National Societies have a consistent approach to promoting
their RFL activities.
Knowledge and understanding of RFL is strengthened across
organizational departments and programmes.

Implementation The National Societies will:


3.2.1 Keep governing bodies, volunteers and staff informed about
the RFL roles of the National Society and the Family Links
Network.
3.2.2 Incorporate RFL news in meetings and other means of
disseminating information within the organization.
3.2.3 Strengthen relationships between communication departments
and tracing services and draw up plans of action for publicly
promoting this work.
3.2.4 Regularly communicate to governing bodies, staff and
volunteers the outcomes and commitments regarding RFL of
the Movements statutory meetings.
970 SECTION IV

The ICRC will:


3.2.5 Undertake, by 2009, an inventory of guidelines and
communication tools, and revise them to ensure clear
terminology regarding the definition of RFL-related terms.
3.2.6 Regularly remind all staff of the importance of RFL and the
role played by the ICRC and the Family Links Network.

The International Federation will:


3.2.7 Undertake, by 2009, a knowledge inventory, both within its
Secretariat and together with field staff, of RFL activities
across all programming areas, and draw up action plans to fill
gaps.
3.2.8 Regularly remind all staff of the respective roles of the
Movements components regarding RFL.

Action 3 To be more effective in RFL, the Movements components must


Increase communica- disseminate information and raise public awareness of the
tion with key external needs of people separated from their families. The Movement
stakeholders, to must promote a strong and consistent image of this unique and
position the Family very human service, raising its profile and ensuring that the
Links Network as the general public, governments, donors and others all view the
leader in this field Movements RFL activities as a vital humanitarian service.

Expected results A consistent image of the Family Links Network is projected


to key external stakeholders concerned by this work.
The Movements components take clear positions on the
need for RFL, highlighting its impact on affected individuals
and populations.
Those concerned recognize and support the RFL role played
by the National Societies and the ICRC/CTA.

Implementation The National Societies and the ICRC will:


3.3.1 Draw up and share with the Family Links Network, by 2009,
a worldwide communications plan to support implementation
of the RFL strategy. This plan will include:
key messages on RFL activities adapted to the various
target groups and contexts;
communication tools to explain and promote RFL
activities, the role of the Network and the plight of people
left without news of loved ones;
an increased focus on RFL in the various promotional
activities;
devising a visual identity for the Family Links Network;
STRATEGIES AND PLAN OF ACTION 971

exploring the concept of goodwill ambassadors to raise


awareness of the impact of family separation and to
promote RFL activities;
identifying promotional opportunities;
engaging media representatives in raising awareness of
RFL needs and promoting RFL itself.
3.3.2 Undertake regular meetings with affected individuals and
populations to promote RFL and the Family Links Network.
3.3.3 Give regular information on RFL to donors, the authorities
and other organizations.

The National Societies will:


3.3.4 Devise, by 2013, a communication plan to support RFL.
National Society communication plans can be further
strengthened on the basis of the worldwide communication
plan.
The International Federation will:
3.3.5 Disseminate to National Societies, by 2009, the Communication
Guide for use in promoting RFL.

All components of the Movement will:


3.3.6 Use existing forums, meetings and networks to spark interest
about individuals and populations affected by family separa-
tion and to promote the Movements RFL work.

4. MONITORING IMPLEMENTATION OF THE STRATEGY


Responsibility for implementing the RFL Strategy for the Movement is shared
by all the components.
The National Societies, the ICRC and the International Federation are individually
responsible for incorporating the Strategys contents in their own strategies, plans and
training programmes at the national, regional and international levels.
Each action defined in the Strategy has expected results and implementation
measures. It will be possible to achieve some of the expected results via the annual
operational plans of the various components, while others can be achieved through
the capacity-building programmes of the ICRC, the organizational-development
or disaster-management programmes of the International Federation, or in
partnership with National Societies working internationally. Regional meetings
that the ICRC organizes for RFL practitioners constitute further opportunities for
implementation, as do regional disaster-preparedness and response meetings
972 SECTION IV

conducted by the International Federation. Additional opportunities exist within


the Movements regional statutory meetings.
As the Movements RFL coordinator and technical adviser, the ICRC will
supervise the Strategys implementation in cooperation with other components. It
will set up an Implementation Group, including National Societies and the
International Federation, to provide guidance and support for the implementation
process. The Group will, as a priority, clarify what success would look like if the
Movement were to achieve the strategic objectives and individual actions, and devise
guidelines to measure that success. Indicators will be developed at the global,
regional and national levels to measure performance and progress in implementing
the strategy. Given the considerable differences in criteria for success across the
Network, different degrees of implementation should be expected and varying
practical targets aimed at as a result. The emphasis will be on the grassroots level
(including branches and volunteers) in order to build on existing practical examples.
At the 2011 and 2015 Council of Delegates, the ICRC will present the results
achieved based on a self-assessment of the Movements components. In this way the
actions and/or objectives may be adjusted where needed. On each occasion, the
report presented will include a brief overview of any new external trends, together
with recommendations for any modifications to the strategic approach.
In 2016 the ICRC will undertake a reassessment of the global mapping of the
Family Links Network, as a means of measuring progress and generating
recommendations for changes to the Strategy.

5. RESOURCES FOR IMPLEMENTATION


The resources needed to implement the Strategy go beyond the realm of
fundraising. Human resources, various skills, different kinds of knowledge, greater
cooperation and participation by all the components of the Movement all play a
role in ensuring successful implementation.
The key is a sense of direct responsibility and commitment.
As a first step toward ensuring that sense, RFL must be recognized as a core
activity at all levels, first and foremost by the leadership. Recognition and
ownership will ultimately lead to RFL being incorporated in the National Society
structures. This is indispensable for sustainability. To successfully raise funds and
mobilize resources for RFL, emphasis must therefore be placed entirely on further
promoting recognition, which will lead to a sense of responsibility and
commitment, to incorporation of RFL and, ultimately, to sustainability.
Regarding fundraising, in its lead role for RFL within the Movement the ICRC
will explore the establishment of funding tools.
Since developing the capabilities of National Societies and strengthening the
Family Links Network are long-term commitments, the ICRC and participating
National Societies will establish partnerships to support capacity development
within the Network.
STRATEGIES AND PLAN OF ACTION 973

All National Societies are responsible for helping people without news of their
families, so individual Societies will include RFL activities in national fundraising
plans as a means of supporting self-sustaining RFL.

Glossary
Contributions assessment
A contributions assessment across the Family Links Network will gather
information on the skills, resources, tools, time and interest that exist in RFL within
each National Society, and maximize the use of those resources to address needs
within the Network.
Family Links Network
The Family Links Network comprises the ICRC (CTA and tracing units in the
delegations) and the National Society tracing services. Also referred to as the
Network.
Family Links Network data-collection tool
Data-collection tool used jointly by all National Societies and the ICRC to gather
standardized information on RFL.
Family Links Network Extranet
An interactive Extranet for Restoring Family Links. The Extranet is a web-based
resource centre incorporating online training tools, RFL information by context,
films, photos, networking and information exchange.
Framework for deployment of international RFL specialists during disasters
The framework will incorporate information on the mechanism for deployment,
human-resource management and training.
Global mapping exercise
A global mapping of the status of the Family Links Network was undertaken
between 2005-2006 by the ICRC and National Societies. It comprised three
assessments: (i) capacity of National Society tracing services, (ii) capacity of the
ICRC/CTA to act as coordinator and technical advisor on RFL to National
Societies, and (iii) an initial RFL needs survey.
International disaster-response mechanism for RFL
To mobilize Movement resources for rapid response where needed at national,
regional or international levels.
Performance-management tools in RFL
Such tools would include: performance indicators (incorporating tools to measure
timeliness of action and contextual analysis), monitoring and evaluation, and
impact assessment.
974 SECTION IV

Regional ICRC/CTA units


The ICRC will explore the establishment of regional ICRC/CTA units to act as focal
points for capacity building, professional development, networking and
information exchange in RFL. Such units would explore RFL-related issues from
the regional perspective and develop plans to address these issues with the National
Societies concerned.
Restoring Family Links (RFL)
Restoring Family Links is the generic term given to a range of activities aimed at
preventing separation, restoring and maintaining contact between family members
and clarifying what has happened to persons reported missing (see point 2.1
above).
Restoring Family Links manual for the Movement
A comprehensive handbook covering a wide range of situations in which the
Movement must take action. Such a manual would contain training modules and
case studies, explain how to provide emotional support for beneficiaries, staff and
volunteers, give advice on community networking and referral models, teach
presentation skills, and present guidelines for different beneficiary populations.
Sub-regional National Society focal points for natural or man-made disasters
Consortiums of National Societies within a sub-region might designate one
Society as the focal point for RFL response in disasters. The focal point could
provide RFL assistance to the Society of the affected country.
Tracing services
Tracing services are units within National Societies that help to restore or maintain
contact between members of families separated as a consequence of armed conflict
or other situations of violence, natural disasters or any other situations requiring a
humanitarian response. The National Society tracing services form part of the
Family Links Network. Each tracing service works in accordance with CTA
guidelines. (N.B. In some countries tracing services may be named differently.)

Restoring Family Links Strategy (and Implementation Plan)


for the International Red Cross and Red Crescent Movement
(2008-2018)

The Council of Delegates,


recalling with deep concern the suffering endured by those who have lost contact
with, or have no news of, their loved ones as a consequence of armed conflict or
other situations of violence, natural or man-made disasters or other circumstances
requiring a humanitarian response,
STRATEGIES AND PLAN OF ACTION 975

recognizing that families provide the basis for all individuals to cope with the
consequences of these tragic events, and reiterating the responsibility of each
component of the International Red Cross and Red Crescent Movement
(Movement) to help in the restoration or maintenance of contact between
members of families separated in such circumstances,
recalling the role which the Central Tracing Agency (CTA) of the International
Committee of the Red Cross (ICRC) plays as a coordinator and as a technical
adviser to National Societies and governments and the specific responsibility of the
National Societies in restoring family links and also recalling the importance for the
Movement of relying on a sound international Red Cross and Red Crescent
network in order to take effective action in restoring family links (RFL) as
recognized in Resolution 16 of the 25th International Conference of the Red Cross,
recognizing and reaffirming the lead role of the ICRC in RFL within the
Movement,
noting the need to strengthen the capacity of the Family Links Network to assist
people who are without news of their families,
recalling further the Agenda for Humanitarian Action adopted in Resolution 1
of the 28th International Conference, in particular its General Objective 1 on
respecting and restoring the dignity of missing persons and their families and
General Objective 3 on reducing the risk and impact of disasters,
expressing appreciation for the efforts and the commitment of the ICRC to
develop the Restoring Family Links Strategy (and Implementation Plan) for the
International Red Cross and Red Crescent Movement 2008-2018 (RFL Strategy) as
part of the implementation of the Agenda for Humanitarian Action,
noting with satisfaction the consultation process within the Movement that led
to the successful development of the RFL Strategy, in particular the role played by
the Advisory Group composed of 19 National Societies, the International
Federation of Red Cross and Red Crescent Societies (International Federation) and
the ICRC and by the four regional RFL conferences attended by the leaders of
National Societies in 2006,
1. reaffirms the commitment of the Movement to RFL and reinforces its resolve to
stay the leader in this field;
2. adopts the Restoring Family Links Strategy (and Implementation Plan) for the
International Red Cross and Red Crescent Movement 2008-2018;
3. commends the commitment expressed so far by all the components of the
Movement to contribute to the implementation of the RFL Strategy;
4. calls upon all National Societies, the ICRC and the International Federation to:
a) promote knowledge and understanding of this Strategy at all levels of their
respective organizations,
b) implement the actions outlined in this Strategy as part of their organizational
strategies and plans at national, regional and international levels,
976 SECTION IV

c) allocate the necessary resources to carry them out;


5. recommends that the ICRC and the International Federation further enhance
their cooperation with a view to supporting National Societies in their efforts to
implement the Strategy, taking into consideration the challenges that National
Societies have identified and highlighted during the consultation process;
6. encourages partnerships amongst National Societies to support each other in
building their RFL capacity;
7. requests the ICRC to bring the RFL Strategy to the attention of the 30th
International Conference of the Red Cross and Red Crescent with a view in
particular to encouraging member States to better understand and support the
RFL activities carried out by the Movement;
8. welcomes the ICRCs initiative to establish and chair an implementation group
composed of National Societies, the International Federation and the ICRC, to
provide guidance and support in the implementation process as well as to
develop the criteria for its success and indicators to measure that success;
9. further requests all the components of the Movement to carry out the required
self-assessments on the implementation of the Strategy and provide this
information to the ICRC for monitoring and reporting purposes;
10. invites the ICRC to report to the 2011 and 2015 Council of Delegates on the
results achieved through the implementation of the Strategy.
(Council of Delegates, Geneva, 2007, Resolution 4)
PART FOUR

SELECTED RESOLUTIONS OF THE INTERNATIONAL


CONFERENCE OF THE RED CROSS AND RED CRESCENT,
THE COUNCIL OF DELEGATES
AND THE GENERAL ASSEMBLY OF THE INTERNATIONAL
FEDERATION OF RED CROSS AND RED CRESCENT SOCIETIES

Resolutions
SECTION I

BASIS FOR AND PRINCIPLES OF THE INTERNATIONAL


RED CROSS AND RED CRESCENT MOVEMENT

See also more specifically:


Part Two
Doc. I Resolutions and Recommendations of the Geneva
International Conference of 1863
Part Three
Section I The Fundamental Principles
Part Four
Section IV, Chap. IV Agenda for Humanitarian Action (International
Conference, Geneva 2003, Resolution 1), p. 1186

CHAPTER I

USE OF THE NAME AND EMBLEM


OF THE RED CROSS, RED CRESCENT OR RED CRYSTAL

See also:
Part One
First Geneva Convention of 1949, Arts 38-44, 53 and 54
Second Geneva Convention of 1949, Arts 41-45
Fourth Geneva Convention of 1949, Arts 18, 20-22
Additional Protocol I of 1977, Art. 18, 37, 85, and Annex I, Chapter II
Additional Protocol II of 1977, Art. 12
Additional Protocol III of 2005
Part Two
Doc. I Resolutions and Recommendations of the Geneva
International Conference of 1863 Recommendation C
Doc. IX Regulations on the use of the emblem of the red cross
or the red crescent by the National Societies
Part Four
Section II, Chap. IV D Resolution XLI of the 17th International Conference
(Stockholm, 1948), p. 1069
980 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

Misuse of the emblem of the Red Cross


The XXIIIrd International Conference of the Red Cross,
having considered the difficulties arising in several countries by the misuse of the
emblem of the red cross, red crescent, red lion and sun by numerous unauthorized
persons, private enterprises and organizations,
recalling the provisions of the First Geneva Convention of 12 August 1949
restricting the use of the emblem, by which the States Parties to this Convention have
undertaken to take necessary measures for the prevention and repression at all times
of the misuse of the emblem,
invites the Governments of States Parties to the Geneva Convention to enforce
effectively the existing national legislation repressing the abuses of the emblem of the red
cross, red crescent, red lion and sun, to enact such legislation wherever it does not exist
at present and to provide for punishment by way of adequate sentences for offenders,
takes note with satisfaction of the steps undertaken by the ICRC in this field with
National Societies and invites it to continue its efforts in conjunction with those
Governments wherever necessary,
invites the National Societies to assist their own Governments in fulfilling their
obligations in this respect and to support the efforts of the ICRC to that end.
(Bucharest, 1977, Resolution XI)

Use of the emblem by National Societies


The Council of Delegates,
aware that respect for the emblem of the red cross or the red crescent is of vital
importance for the protection of the victims of armed conflict and those who care
for them,
convinced that clear and widespread knowledge of the uses authorized under
the Geneva Conventions of 12 August 1949 is a prerequisite for respect for the
emblem,
recalling that the First Geneva Convention places an obligation on States to take
the necessary measures to prevent and suppress misuse of the emblem at all times,
recalling that the 24th International Conference of the Red Cross (Manila,
1981) requested the ICRC to prepare a draft revision of the Regulations on the use
of the emblem of the red cross, red crescent and red lion and sun by National Societies
(Resolution XII),
recalling Resolution 6 of the 1987 Council of Delegates and Resolution 6 of the
1989 Council of Delegates,
noting that the drafts prepared by the ICRC in consultation with the National
Societies and the Federation Secretariat have been examined in detail within the
International Red Cross and Red Crescent Movement,
aware of the need to have, as soon as possible, Regulations replacing the 1965
Regulations,
CHAPTER I
USE OF THE NAME AND EMBLEM
OF THE RED CROSS, RED CRESCENT OR RED CRYSTAL 981

1. adopts the Regulations on the use of the emblem of the red cross or the red crescent
by the National Societies, contained in the report on the subject submitted by the
International Committee of the Red Cross;1
2. invites the ICRC to submit these Regulations and this Resolution to the States
party to the Geneva Conventions, encouraging them to endorse the Regulations
and, where necessary, to authorize their National Societies to observe them;
3. recommends that National Societies, in the light of the deferment of the
26th International Conference of the Red Cross and Red Crescent, comply with
the new Regulations, in accordance with national legislation, at the earliest
possible date;
4. invites National Societies to assist their governments in meeting their obligations
under the Geneva Conventions with regard to the emblem, in particular to
prevent its misuse, and to support the activities of the ICRC in that respect;
5. invites the ICRC, in cooperation with the Federation, to examine any questions
submitted to it with regard to compliance with and interpretation of the
Regulations on the use of the emblem and to report to the next Council of
Delegates. (Council of Delegates, Budapest, 1991, Resolution 5)

Use of the emblem


The Council of Delegates,
taking note of the report presented by the ICRC, in cooperation with the
Federation, on the use of the emblem by National Societies,
recognizing the importance for the International Red Cross and Red Crescent
Movement of a uniform interpretation and application of the 1991 Regulations on
the use of the emblem of the red cross or the red crescent by the National Societies,
1. urges the National Societies to ensure that the emblem is used in conformity
with international humanitarian law and with the 1991 Regulations;
2. encourages the National Societies to continue to submit any question with
regard to compliance with and interpretation of the 1991 Regulations to the
ICRC and the Federation as envisaged in Resolution 5 of the 1991 Council of
Delegates;
3. invites the National Societies to take into account advice received on such
questions, subject to their national legislation;
4. also invites the ICRC and the Federation to observe the rules governing the use
of the emblem for indicative and decorative purposes as laid down in the
1991 Regulations. (Council of Delegates, Birmingham, 1993, Resolution 8)

1 See Part Two, Document IX.


982 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

The emblem
The Council of Delegates,
bearing in mind Articles 38 and 44 of the First Geneva Convention of 1949 on
the protective and indicative uses of the emblems,
emphasizing the long-standing and incontestable value of the red cross and the
red crescent as protective and indicative emblems for the Movement and that both
emblems are widely known around the world and deeply meaningful to many
millions of people,
noting that the emblems are above all treaty-based distinctive signs designed to
protect the victims and that it is primarily the responsibility of the States party to
the Geneva Conventions to take the necessary measures to strengthen their
protective force,
recognizing the need to improve the protection of the victims and of those who
come to their aid in situations where the emblems are not respected or where there
is a danger that they will not be respected,
1. takes note of the interim report submitted by the Standing Commission and of
the working paper attached to it;
2. recalls operative paragraph 8 of Resolution 3 on the Future of the Movement
(Geneva, 1995), and encourages the ICRC, the International Federation,
National Societies and States to take steps at the legislative, preventive and
repressive levels to ensure greater respect for the emblems and to inform the
Council of the measures adopted;
3. requests that the Criteria for evaluating possible solutions1, as defined on page
13 of the working paper attached to Report CD 97/4.1/1, serve as a basis for the
discussions aimed at finding an overall solution, mindful of the emblems, to the
specific problems that arise;

1 Criteria for evaluating possible solutions


On the basis of past and more recent discussions within the Movement on the plurality of the emblems,
the following six criteria have been defined for judging any proposed solution:
1. Any solution must be assessed primarily in the light of the protection afforded to victims and must
actually lead to an improvement in such protection.
2. Any solution must be based on the existence of the two emblems currently in use, that is, the cross and
the crescent, which are de facto placed on an equal footing - even though such equality has not yet been
enshrined in the Conventions - and which are known worldwide.
3.Any solution must avoid creating new obstacles for the Movements ideal of unity and must, on the con-
trary, be compatible with that ideal.
4. Even though this ideal of unity naturally extends to the emblem, the objective of having a single
emblem for both protective and indicative purposes is not on the agenda at present; the aim is to solve the
problems mentioned on pages 9-12.
5. Any solution must be capable of settling these problems without creating new ones for National
Societies which have no difficulties in this respect, and which must be able to carry on with their present
emblems (status quo).
6. The issue of the emblem must not cause division within the Movement; any solution must be very
widely acceptable and any resolution on this crucial matter must be adopted by consensus.
CHAPTER I
USE OF THE NAME AND EMBLEM
OF THE RED CROSS, RED CRESCENT OR RED CRYSTAL 983

recommends that the Standing Commission continue its consultations with the
National Societies and government experts from States party to the Geneva
Conventions and report to the next Council of Delegates, in the hope that all the
components of the Movement can adopt a common position that will lead to a
dialogue with States. (Council of Delegates, Seville 1997, Resolution 2)

Resolution on emblems
The 27th International Conference,
taking into account Resolution 2 concerning the establishment of a working
group on the emblems adopted by the Council of Delegates on 29 October 1999
(attached),
recognizing the points raised in the above-mentioned Resolution,
accepts the proposals made in the Resolution. (27th International Conference,
Geneva, 1999, Resolution 3)

Annex
Council of Delegates of the Red Cross and Red Crescent
(Geneva, 28-30 October 1999)
Resolution 2: Emblem
The Council of Delegates,
recognizing the International Red Cross and Red Crescent Movements
Fundamental Principle of universality and the common goal of States, which are
parties to the Geneva Conventions, and of the Movement to remove any obstacles
to the universal application of the 1949 Geneva Conventions,
further recognizing the current problems in some States and National Societies
regarding the emblems of the red cross or red crescent,
taking into account and commending the work and consultations undertaken
since 1995 by the Standing Commission of the Red Cross and Red Crescent at the
request of the Movement, and in particular resolution 2 of the 1997 Council of
Delegates,
1. calls upon the 27th International Conference
a) to invite the Standing Commission of the Red Cross and the Red Crescent to
establish a joint working group from the Movement and States on the emblems
with a mandate to find a comprehensive solution, as rapidly as possible, which
is acceptable to all parties in terms of substance and procedure;
b) to invite the Standing Commission of the Red Cross and Red Crescent, to
nominate the membership of the joint working group which will represent
the shared responsibility of the Movement and States on the emblem, and to
establish its terms of reference;
984 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

c) to request the Standing Commission of the Red Cross and Red Crescent to
establish the practical arrangements with States to carry out the tasks of the
joint working group;
d) to request the joint working group to report back, through the Standing
Commission, to the 2001 Council of Delegates and to the 28th International
Conference of the Red Cross and Red Crescent.

Emblem
The Council of Delegates,
having taken note of the report presented by the Standing Commission of the Red
Cross and Red Crescent (Standing Commission) on the follow-up given to Resolution
2 of the Council of Delegates convened in Geneva on 29 and 30 October 1999 and
Resolution 3 of the 27th International Conference of the Red Cross and Red Crescent,
1. commends the efforts made by the joint working group on the emblems, which
was set up by the Standing Commission with a view to finding a comprehensive
solution to the question of the emblem and is composed of representatives of
the Movement and of States;
2. recalls the Fundamental Principles of the International Red Cross and Red Crescent
Movement, in particular the Principle of the Universality of the Movement;
3. confirms its objective of finding, as rapidly as possible, a comprehensive
solution to the emblem issue which is acceptable to all parties in terms of
substance and procedure;
4. recognizes the legal and protective value of the emblems used by the International
Red Cross and Red Crescent Movement, which, by virtue of their inclusion in the
1949 Geneva Conventions and continuous practice for over a century, have
become universally recognized symbols of impartial and neutral aid and
protection to the victims of war, natural disasters and other catastrophes;
5. notes that the adoption of an additional emblem which is devoid of any political,
national or religious connotation whatsoever will be conducive to strengthening
the protection of the victims of war and other situations of violence;
6. notes that the draft third protocol additional to the Geneva Conventions, which
was drawn up by the International Committee of the Red Cross (ICRC) in
consultation with the International Federation of Red Cross and Red Crescent
Societies (International Federation) and was circulated on 12 October 2000 by
Switzerland in its capacity as the depositary of the Geneva Conventions,
constitutes an acceptable working basis for the resumption of negotiations
when circumstances permit;
7. sincerely regrets the fact that developments in the Middle East in September
2000 created a situation which compelled Switzerland to postpone the
Diplomatic Conference which was to be convened with a view to examining
and, if possible, adopting the Third Protocol;
CHAPTER I
USE OF THE NAME AND EMBLEM
OF THE RED CROSS, RED CRESCENT OR RED CRYSTAL 985

8. expresses the wish that the Diplomatic Conference can meet as soon as
circumstances suggest favourable prospects for reaching an agreement;
9. invites the International Federation and the ICRC to take all possible initiatives
with a view to pursuing cooperation in particular in the operational field
with the National Societies which are not yet recognized;
10. requests the Standing Commission to continue consultations with a view to
finding a comprehensive solution to the question of the emblem on the basis of
the work already carried out and to report on the implementation of the present
resolution at the next Council of Delegates and the 28th International
Conference of the Red Cross and Red Crescent. (Council of Delegates, Geneva,
2001, Resolution 6)

Emblem
The 28th International Conference of the Red Cross and Red Crescent,
recalling Resolution 3 (27th International Conference) adopted on 6 November
1999,
adopts Resolution 5 adopted by the Council of Delegates on 1 December 2003
(see annex). (Geneva, 2003, Resolution 3)

Annex
Resolution 5
Follow-up to Resolution 6 of the Council of Delegates in 2001

Emblem
The Council of Delegates
taking note of the report submitted by the Standing Commission as requested
by the 27th International Conference of the Red Cross and Red Crescent, held in
Geneva in 1999, and Resolution 6 of the Council of Delegates in 2001,
reiterating the commitment of the International Red Cross and Red Crescent
Movement to achieve, with the support of the States Parties to the 1949 Geneva
Conventions, a comprehensive and lasting solution to the question of the emblem,
on the basis of the proposed draft Third Protocol Additional to the Geneva
Conventions, once it is adopted, as soon as circumstances permit,
recalling the legal and protective value of the emblems used by the International
Red Cross and Red Crescent Movement, which, by virtue of their inclusion in the
Geneva Conventions and continuous practice for over a century, have become
universally recognized symbols of impartial and neutral aid and protection to the
victims of war, natural disasters and other catastrophes,
986 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

1. welcomes the work of the Standing Commission, its Special Representative


on the Emblem and its ad hoc Working Group, the ICRC and the
International Federation to develop the basis for a comprehensive and
lasting solution to the question of the emblem;
2. further welcomes the progress made since the 27th International Conference,
in particular the drafting of the proposed Third Protocol Additional to the
Geneva Conventions on the Emblem (12 October 2000) as well as the adop-
tion of Resolution 6 of the 2001 Council of Delegates;
3. deeply regrets developments which have made it impossible to bring the
process to its expected outcome with the adoption of the draft Third
Additional Protocol;
4. recalls the Fundamental Principles of the Red Cross and Red Crescent, in
particular the principle of universality;
5. underlines the urgency of reinforcing measures for the protection of war vic-
tims, medical personnel and humanitarian workers in all circumstances, and
the significance in this context of the proposed Third Additional Protocol;
6. requests the Standing Commission to continue to give high priority to secur-
ing, as soon as circumstances permit, a comprehensive and lasting solution
to the question of the emblem, in cooperation with the Swiss government as
depositary of the Geneva Conventions and with other concerned govern-
ments and components of the Movement, on the basis of the proposed draft
Third Additional Protocol;
7. requests the Special Representative of the Standing Commission on the
Emblem to bring this resolution to the attention of the 28th International
Conference of the Red Cross and Red Crescent. (28th International
Conference, Geneva, 2003, Resolution 3)

Emblem
The Council of Delegates,
taking note of the report submitted by the Standing Commission on devel-
opments with regard to the issue of the emblem since Resolution 5 of the Council
of Delegates and Resolution 3 of the 28th International Conference held in 2003 in
Geneva,
reiterating the commitment of the International Red Cross and Red Crescent
Movement to achieve, with the support of the States Parties to the 1949 Geneva
Conventions, a comprehensive and lasting solution to the question of the emblem, on
the basis of the proposed draft Third Protocol Additional to the Geneva Conventions,
recalling the Fundamental Principles of the Red Cross and Red Crescent, in
particular the principle of universality,
recognizing the legal and protective value of the emblems used by components
of the International Red Cross and Red Crescent Movement, which, by virtue of
CHAPTER I
USE OF THE NAME AND EMBLEM
OF THE RED CROSS, RED CRESCENT OR RED CRYSTAL 987

their inclusion in the Geneva Conventions and continuous practice for over a
century, have become universally recognized symbols of impartial and neutral aid
and protection to the victims of war, natural disasters and other catastrophes,
1. notes with appreciation the continued efforts of the Standing Commission,
its Special Representative on the Emblem and its ad hoc Working Group, the
ICRC and the International Federation in support of the process to achieve
a comprehensive and lasting solution to the question of the emblem;
2. welcomes the work achieved since the 28th International Conference, in par-
ticular by the Government of Switzerland in its capacity as depositary of the
Geneva Conventions, resulting in the convening on 5 December 2005 of the
Diplomatic Conference necessary for the adoption of the proposed Third
Protocol Additional to the Geneva Conventions on the Emblem;
3. urges National Societies to approach their respective governments in order
to underline to them the necessity to settle the question of the emblem at the
Diplomatic Conference through the adoption of the proposed draft third
additional Protocol;
4. requests the Standing Commission, the ICRC and the Federation as a matter
of urgency to undertake the measures needed to give effect to the third
Protocol after its adoption, especially with a view to ensuring the achieve-
ment as soon as possible of the Movements principle of universality;
5. further requests the Special Representative of the Standing Commission on
the Emblem to report on the implementation of this resolution to the 29th
International Conference of the Red Cross and Red Crescent. (Council of
Delegates, Seoul, 2005, Resolution 5, Follow-up to Resolution 5 of the
Council of Delegates in 2003)

29th International Conference of the Red Cross and Red Crescent

Resolution 1
The 29th International Conference of the Red Cross and Red Crescent,
noting the report of the Standing Commission of the Red Cross and Red
Crescent on the follow-up to Resolution 3 of the 28th International Conference,
taking account of the Third Protocol Additional to the Geneva Conventions
adopted on 8 December 2005 in Geneva, and of the Final Act of the Diplomatic
Conference on the emblem,
acknowledging that the Memorandum of Understanding signed on 28 November
2005 and referred to in paragraph 15 of the Final Act of the Diplomatic Conference
was concluded in an effort to facilitate the adoption of the Third Protocol and to pave
the way for the membership of both signatory societies in the International Red
Cross and Red Crescent Movement,
988 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

considering the unique and special situation of the Palestine Red Crescent
Society,
emphasizing that the recognition and admission of the Palestinian Red Crescent
Society do not under any circumstances create a precedent for any other entity or
territory,
guided by the Fundamental Principles of the Red Cross and Red Crescent, in
particular the Principle of Universality,
1. adopts the draft amendments to the Statutes of the International Red Cross and
Red Crescent Movement annexed hereto;
2. decides that the Third Protocol emblem will henceforth be designated as the
red crystal;
3. requests the International Committee of the Red Cross to recognize the
Palestine Red Crescent Society, and requests the International Federation of
Red Cross and Red Crescent Societies to admit this National Society as a
member. (Geneva, 2006, Resolution 1)

Annex to Resolution 1
Proposed amendments to the Statutes of the
International Red Cross and Red Crescent Movement
Statutes of the International Red Cross and Red Crescent Movement

TITLE
Complete as follows the parenthesis below the title (adopted by the Twenty-fifth
International Conference of the Red Cross at Geneva in 1986, amended in 1995 and
2006)

ARTICLE 3
Replace as follows the last sentence of Article 3, paragraph 2: They also co-
operate with their governments to ensure respect for international humanitarian
law and to protect the distinctive emblems recognized by the Geneva Conventions
and their Additional Protocols.

ARTICLE 4
Replace as follows Article 4, paragraph 5:5. Use a name and distinctive emblem
in conformity with the Geneva Conventions and their Additional Protocols.

ARTICLE 21
Replace as follows Article 21, paragraph 2: 2. The present amended Statutes
shall enter into force on 22 June 2006.
CHAPTER I
USE OF THE NAME AND EMBLEM
OF THE RED CROSS, RED CRESCENT OR RED CRYSTAL 989

INTRODUCTION TO THE MODEL LAW


ON THE USE AND PROTECTION OF THE EMBLEM

The ICRC model law concerning the use and the protection of the red cross and red
crescent emblem* was first developed and proposed to States by the ICRC in pursuance
of the Final Declaration of the International Conference for the Protection of War
Victims (Geneva, 30 August to 1 September 1993) and of the Recommendations of the
Intergovernmental Group of Experts (Geneva, 23 to 27 January 1995).
The 26th International Conference of the Red Cross and Red Crescent (Geneva,
3-7 December 1995), in its Resolution 1, endorsed the Final Declaration and the
Recommendations and strongly urged States to adopt appropriate measures at the
national and international levels in order to implement and to disseminate
international humanitarian law, as well as to support international organizations
working in this field (see the IRRC, No. 310, January-February 1996).
The following model law has been adapted in consideration of the provisions of
Protocol Additional III to the Geneva Conventions of 12 August 1949, and relating to
the Adoption of an Additional Distinctive Emblem, as adopted in Geneva on
8 December 2005.

* First published in the International Review of the Red Cross, no. 313, 1996, p.486-495.
990 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

MODEL LAW1 CONCERNING THE USE AND PROTECTION


OF THE EMBLEMS
OF THE RED CROSS, THE RED CRESCENT AND THE RED CRYSTAL2

I. GENERAL RULES

ARTICLE 1
Scope of protection
Having regard to:
the Geneva Conventions of 12 August 1949, their Additional Protocols I and II
of 8 June 1977,3 including Annex I to Additional Protocol I as regards the
regulations concerning identification of medical units and transports,4 and
Additional Protocol III of 8 December 2005;5
the Regulations on the Use of the Emblem of the Red Cross or the Red Crescent
by the National Societies, as adopted by the 20th International Conference of
the Red Cross, and subsequent amendments;6

1 This model law is proposed for consideration by States that have a civil law system. It outlines the pro-
visions that should be included in a comprehensive legal regime regulating the use and protection of the
emblem in conformity with the requirements of the Geneva Conventions, their two Additional Protocols of
1977 and Additional Protocol III of 2005. The said requirements may be met through the adoption of a stand-
alone legislation for which the following may serve as a model.
In States with a common law system, the protection of the emblem is usually regulated in a chapter of a
Geneva Conventions Implementation Act. In consideration of Additional Protocol III, such States should
review their Geneva Conventions Act to both extend the protective regime of the red cross and the red cres-
cent to the new emblem the red crystal and to incorporate the text of Additional Protocol III as a sched-
ule. The ICRC Advisory Service on international humanitarian law has developed a model Geneva
Conventions Act and may be contacted for technical assistance in the implementation of the provisions of
Additional Protocol III.
2 The red crystal is not formally recognized as the designation of the new distinctive emblem in the text
of Protocol III additional to the Geneva Conventions, as adopted on 8 December 2005. It was decided by
Resolution 1 of the 29th International Conference of the Red Cross and Red Crescent (Geneva, 20-21 June
2006) to use the name red crystal to designate the distinctive emblem of Protocol III. Accordingly, Article 1
of the preamble to the following model law provides for the protection of the red crystal designation.
3 To make it easier to find these treaties, it is advisable to indicate their precise locations in the official nation-
al compendium of laws and treaties. They are also reproduced in the Treaty Series of the United Nations, Vol. 75
(1950), pp. 31-417, and Vol. 1125 (1979), pp. 3-699 and posted on the website of the Swiss Federal Department
of Foreign Affairs (http://www.eda.admin.ch/eda/fr/home/topics/intla/intrea/chdep/warvic.html).
4 This Annex was revised on 30 November 1993 and its amended version entered into force on 1 March
1994. It is reproduced in the International Review of the Red Cross, No. 298, January-February 1994, pp. 29-41.
5 The full text of Additional Protocol III is available on the website of the Swiss Federal Department of
Foreign Affairs (http://www.eda.admin.ch/eda/fr/home/topics/intla/intrea/chdep/warvic/gvapr3.html).
6 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. They were submitted to the States party to the Geneva
Conventions and entered into force on 31 July 1992. The Regulations are reproduced in the International
Review of the Red Cross, No. 289, July-August 1992, pp. 339-362.
CHAPTER I
USE OF THE NAME AND EMBLEM
OF THE RED CROSS, RED CRESCENT OR RED CRYSTAL 991

Resolution 1 of the 29th International Conference of the Red Cross and Red
Crescent (Geneva, 20-21 June 2006);7
the law (decree, or other act) of [date] recognizing the [National Society of ];8
the following are protected by the present law:
the emblems of the red cross, the red crescent and the red crystal on a white
ground;9
the designations red cross, red crescent and red crystal;10
the distinctive signals for identifying medical units and transports.

ARTICLE 2
Protective use and indicative use
1. In time of armed conflict, the emblem used as a protective device is the visible
sign of the protection conferred by the Geneva Conventions and their
Additional Protocols on medical personnel and medical units and transports.
The dimensions of the emblem shall therefore be as large as possible.
2. The emblem used as an indicative device shows that a person or an object is
linked to an institution of the International Movement of the Red Cross and
Red Crescent. The emblem shall be of a small size.

II. RULES ON THE USE OF THE EMBLEM

A. Protective use of the emblem11

ARTICLE 3
Use by the medical service of the armed forces
1. Under the control of the Ministry of Defence, the medical service of the armed
forces of [name of the State] shall, both in peacetime and in time of armed

7 Accessible on the ICRC website at http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/international-


conference-resolution-220606?opendocument
8 As a voluntary relief society, auxiliary to the public authorities in the humanitarian sphere.Wherever the
present law refers to the National Society of ..., the name of the Society should be inserted. The official name
as it appears in the law or instrument of recognition should be used.
9 It is important that national legislation in all cases protect the emblems of the red cross, the red crescent
and the red crystal, as well as the names red cross, red crescent and red crystal.
10 When reference is made to the emblem, the term red cross,red crescent or red crystal is general-
ly in lower case while the designation Red Cross, Red Crescent or Red Crystal with initial capitals is
reserved for Red Cross, Red Crescent or Red Crystal institutions. This rule helps to avoid confusion.
11 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.
992 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

conflict, use the emblem of the [name of the emblem to be used] to mark its
medical personnel, medical units and transports on the ground, at sea and in
the air.
Medical personnel shall wear armlets and carry identity cards displaying the
emblem. These armlets and identity cards shall be issued by ... [e.g. Ministry of
Defence].12
Religious personnel attached to the armed forces shall be afforded the same
protection as medical personnel and shall be identified in the same way.
2. Where this may enhance protection, the medical services and religious
personnel attached to the armed forces may, without prejudice to their current
emblem, make temporary use of either of the other distinctive emblems
recognized by, and enjoying equal status under, the Geneva Conventions and
their Additional Protocols.

ARTICLE 4
Use by hospitals and other civilian medical units
With the express authorization of the Ministry of Health13 and under its
control, civilian medical personnel, hospitals and other civilian medical units, as
well as civilian medical transports, assigned in particular to the transport and
treatment of the wounded, sick and shipwrecked, shall be marked by the emblem,
used as a protective device, in time of armed conflict.14
Civilian medical personnel shall wear armlets and carry identity cards
displaying the emblem. These armlets and identity cards shall be issued by ...
[Ministry of Health].15
Civilian religious personnel attached to hospitals and other medical units shall
be identified in the same way.

12 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 holders 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 arm-
lets and identity cards must be clearly specified.
13 It is 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.
14 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.
15 As concerns 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 (for example a department of the Ministry of Health) should be specified.
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USE OF THE NAME AND EMBLEM
OF THE RED CROSS, RED CRESCENT OR RED CRYSTAL 993

ARTICLE 5
Use by the [National Society of ...]16
1. The [National Society of ...] is authorized to place medical personnel and medical
units and transports at the disposal of the medical service of the armed forces.
Such personnel, units and transports shall be subject to military laws and
regulations and may be authorized by the Ministry of Defence to display as a
protective device the emblem of the red cross [red crescent or red crystal], or,
where this may enhance protection, to make temporary use of either of the
other distinctive emblems recognized by, and enjoying equal status, under the
Geneva Conventions and their Additional Protocols.17
Such personnel shall wear armlets and carry identity cards, in accordance with
Article 3, paragraph 2, of the present law.
2. The National Society may be authorized to use the emblem as a protective
device for its medical personnel and medical units in accordance with Article 4
of the present law.

16 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 med-
ical 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 soci-
eties 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, sub-paragraph 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.
17 This should in principle be the same emblem as that used by the medical service of the armed forces.
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. See Article 13 of the Regulations on the Use of the Emblem.
994 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

B. Indicative use of the emblem18

ARTICLE 6
Use by the [National Society of ...]
1. The [National Society of ...] is authorized to use the emblem as an indicative
device in order to show that a person or an object is linked to the National
Society. The dimensions of the emblem shall be small, so as to avoid any
confusion with the emblem employed as a protective device.19
2. The [National Society of ...] may, in accordance with national legislation and in
exceptional circumstances and to facilitate its work, make temporary use of the
red crystal.20
3. The [National Society of ...] shall apply the Regulations on the Use of the
Emblem of the Red Cross or the Red Crescent by the National Societies.21
4. National Societies of other countries present on the territory of [name of the
State] shall, with the consent of the [National Society of ...], be entitled to use the
emblem under the same conditions.

18 Pursuant to Article 44, paragraph 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 sta-
tions 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 dis-
playing 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.
19 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 Societys first-aid workers to be identified quickly.
20 Paragraph 2 is not applicable for the domestic legislation of States which National Societies have opted
to use the red crystal in accordance with Article 3, paragraph 1, of Protocol III.
21 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
fundraising activities (Article 23,sponsorship).
CHAPTER I
USE OF THE NAME AND EMBLEM
OF THE RED CROSS, RED CRESCENT OR RED CRYSTAL 995

C. International Red Cross and Red Crescent organizations

ARTICLE 7
Use by the international organizations
of the International Red Cross and Red Crescent Movement
1. The International Committee of the Red Cross and the International Federation
of Red Cross and Red Crescent Societies may make use of the emblems of the
red cross and red crescent at any time and for all their activities.22
2. The International Committee of the Red Cross and the International Federation
of Red Cross and Red Crescent Societies, and their duly authorized personnel,
may make use of the red crystal in exceptional circumstances and to facilitate
their work.23

III. CONTROL AND PENALTIES

ARTICLE 8
Control measures
1. The authorities of [name of the State] shall at all times ensure strict compliance
with the rules governing the use of the emblems of the red cross, the red
crescent and the red crystal, the names red cross, red crescent and red
crystal, and the distinctive signals. They shall exercise strict control over the
persons authorized to use the said emblems, names and signals.24
2. They shall take every appropriate step to prevent misuse, in particular:
- by disseminating the rules in question as widely as possible among the armed
forces, the police forces, the authorities and the civilian population;25
- by issuing instructions to national civilian and military authorities on the use of
the distinctive emblem in accordance with the Geneva Conventions and their
Additional Protocols and by providing for the necessary penal, administrative
and disciplinary sanctions in cases of misuse.

22 Article 44, paragraph 3, of the First Geneva Convention and Article 1, paragraph 4 of the Internal
Regulations of the International Federation of Red Cross and Red Crescent Societies.
23 Article 4 of Additional Protocol III.

24 It is recommended that responsibilities be clearly set down, either in the present law or in an imple-
menting regulation or decree.
25 In particular among members of the medical and paramedical professions, and among non-
governmental organizations, which must be encouraged to use other distinctive signs.
996 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

ARTICLE 9
Misuse of the emblem as a protective device in time of armed conflict26
1. Anyone who has wilfully committed or given the order to commit acts resulting
in the death of, or causing serious harm to the body or health of, an adversary
by making perfidious use of the red cross, the red crescent, or a distinctive
signal, has committed a war crime and shall be punished by imprisonment for
a period of [...] years.27 Perfidious use of the red crystal under the same
conditions shall be subject to the same penalty.28
Perfidious use means appealing to the good faith of the adversary, with the
intention to deceive him and make him believe that he was entitled to receive or
was obliged to confer the protection provided for by the rules of international
humanitarian law.
2. Anyone who in time of armed conflict has used wilfully and without
entitlement the red cross, the red crescent, or the red crystal, or a distinctive
signal, or any other sign or signal which constitutes an imitation thereof or
which might lead to confusion, shall be punished by imprisonment for a period
of [... months or years].

ARTICLE 10
Misuse of the emblem as an indicative device in peacetime and in time of
armed conflict29
1. Anyone who, wilfully and without entitlement, has made use of the emblem of
the red cross, the red crescent or the red crystal, the words red cross, red
crescent or red crystal, a distinctive signal or any other sign, designation or
signal which constitutes an imitation thereof or which might lead to confusion,
irrespective of the aim of such use;
anyone who, in particular, has displayed the said emblem or words on signs,
posters, announcements, leaflets or commercial documents, or has affixed them

26 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.
27 By virtue of Article 85, paragraph 3, sub-paragraph 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 par-
ticularly serious and must be subject to very severe penalties.
28 See Article 6, paragraph 1, of Additional Protocol III.

29 Even though misuse of the emblem as an indicative device is less serious than the misuse described in
Article 9, it must be taken seriously and rigorously prevented or, failing that, suppressed. Indeed, the emblem
will be better respected during an armed conflict if it has been protected effectively in peacetime. Such effec-
tiveness derives in particular from the severity of any penalties imposed. Consequently, it is recommended
that the penalties include imprisonment and/or a heavy fine likely to serve as a deterrent.
CHAPTER I
USE OF THE NAME AND EMBLEM
OF THE RED CROSS, RED CRESCENT OR RED CRYSTAL 997

to goods or packaging, or has sold, offered for sale or placed in circulation


goods thus marked;
shall be punished by imprisonment for a period of [... days or months] and/or
by payment of a fine of [amount in local currency].30
2. If the offence is committed in the management of a corporate body
(commercial firm, association, etc.), the punishment shall apply to the persons
who committed the offence or ordered the offence to be committed.

ARTICLE 11
Misuse of the white cross on a red ground
Owing to the confusion which may arise between the arms of Switzerland and the
emblem of the red cross, the use of the white cross on a red ground or of any other
sign constituting an imitation thereof, whether as a trademark or commercial mark
or as a component of such marks, or for a purpose contrary to fair trade, or in
circumstances likely to wound Swiss national sentiment, is likewise prohibited at all
times; offenders shall be punished by payment of a fine of [amount in local currency].

ARTICLE 12
Interim measures
The authorities of [name of the State]31 shall take the necessary interim
measures. The authorities may in particular order the seizure of objects and
material marked in violation of the present law, demand the removal of the emblem
of the red cross, the red crescent or the red crystal and of the words red cross, red
crescent or red crystal at the cost of the instigator of the offence, and order the
destruction of the instruments used for their reproduction.

ARTICLE 13
Registration of associations, trade names and trademarks
1. The registration of associations and trade names, and the filing of trademarks,
commercial marks and industrial models and designs making use of the
emblem of the red cross, the red crescent or the red crystal or the designation
red cross, red crescent or red crystal in violation of the present law shall be
refused.
2. Persons making use of the red crystal or the designation red crystal, or of any
sign constituting an imitation thereof, prior to the adoption of Additional

30 In order to maintain the deterrent effect of the fine, it is important that its amount be periodically
reviewed so as to take account of the depreciation of the local currency. This remark also applies to Article 11.
It might therefore be appropriate to set the amounts of the fines by other means than the present law, for
example in an implementing regulation.
31 Indicate the competent authority (e.g. courts, administrative authorities, etc.).
998 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

Protocol III32 shall be permitted to continue such use, provided that the said use
shall not be such as would appear, in time of armed conflict, to confer the
protection of the Geneva Conventions and their Additional Protocols, and
provided that such rights were acquired prior to the entry into force of this Act.

ARTICLE 14
Role of the [National Society of ]
The [National Society of ...] shall cooperate with the authorities in their efforts
to prevent and repress any misuse.33 It shall be entitled to inform [competent
authority] of such misuse and to participate in the relevant criminal, civil or
administrative proceedings.

IV. APPLICATION AND ENTRY INTO FORCE

ARTICLE 15
Application of the present law
The ... [Ministry of Defence, Ministry of Health] is responsible for the application
of the present law.34

ARTICLE 16
Entry into force
The present law shall enter into force on [date of promulgation, etc.].

32 Additional Protocol III was adopted on 8 December 2005.

33 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, paragraph 2).
34 It is particularly important to specify which national 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.
CHAPTER II THE MOVEMENTS MISSION 999

CHAPTER II

THE MOVEMENTS MISSION

Mission of the Red Cross


The XXIIIrd International Conference of the Red Cross,
recognizing the great significance for the Red Cross of the Geneva Conventions of
1949 and the Protocols additional to these Conventions,
stressing the attachment of the Red Cross to the Fundamental Principles adopted
by the XXth International Conference of the Red Cross (Vienna, 1965),
1. confirms the dedication of the Red Cross movement to its fundamental mission of
preventing and alleviating human suffering wherever it may be found; protecting
life and health and ensuring respect for the human being; and affording
impartially, without discrimination as to race, nationality, religious beliefs or
political opinions, protection and assistance to those who need it, in the event of
armed conflicts and other disasters,
2. emphasizes the extreme importance of the work carried out by National Societies
within their medico-social programmes for the prevention of disease and the
promotion of health, and in the encouragement of social responsibility and
voluntary service among their members,
3. considers that the Red Cross, in respecting its principles and in developing its
manifold activities, should play an essential part in disseminating to the population,
and especially to youth, the spirit of mutual understanding and friendship among all
peoples, and thus promoting lasting peace. (Bucharest, 1977, Resolution I)

Amendment to the Statutes and Rules of Procedure


of the International Red Cross and Red Crescent Movement*
The 26th International Conference of the Red Cross and Red Crescent,
adopts, in conformity with Article 20 of the Statutes and with immediate effect,
the amendment to the Statutes and the Rules of Procedure of the International Red
Cross and Red Crescent Movement presented in document 95/P.II/4/1, whereby
the name of the League of Red Cross and Red Crescent Societies in these Statutes
and Rules is changed to the International Federation of Red Cross and Red
Crescent Societies. (International Conference of the Red Cross and Red Crescent,
Geneva, 1995, Resolution 7)

* See also Annex to Resolution 1, 29th International Conference of the Red Cross and Red Crescent,
Geneva, 2006, page 988
1000 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

CHAPTER III

THE MOVEMENT, PROMOTION OF NON-DISCRIMINATION AND PEACE

See also:
Part Three
Section I The Fundamental Principles
Section II Promotion of non-discrimination
Part Four
Section I, Chapter IV The Movement, weapons and disarmament
Section III, Chap. IV Res. 4 of the Council of Delegates
(Rio de Janeiro, 1987), p. 1121

The Red Cross as a factor in world peace


The XXth International Conference of the Red Cross,
noting with satisfaction the Resolution entitled Red Cross as a factor in World
Peace adopted by the Council of Delegates (Geneva, 1963),
recalling Resolutions previously adopted in this field particularly by the XIXth
International Conference of the Red Cross (New Delhi, 1957),
welcomes the efforts made by various Governments to eliminate the danger of
armed conflicts through disarmament and, in particular, through the conclusion of the
1963 Treaty banning nuclear weapon tests in the atmosphere, in outer space, and
under water and also the 1963 Resolution of the United Nations General Assembly
banning the stationing of weapons of mass destruction in outer space,
expresses its profound anxiety with regard to the suffering endured by the
populations of a number of countries where armed conflicts are being waged,
further expresses its deep concern at and deplores the repeated use of force directed
against the independence or the right to self determination of all peoples,
urges all Governments to settle their international disputes by peaceful means in
the spirit of international law,
appeals to all Governments to pursue their efforts to reach agreement on the ban
of all nuclear weapon tests and on general and complete disarmament under effective
international control as well as to consider taking such partial measures as the
establishment of nuclear free zones and agreements for the non-proliferation of
nuclear weapons,
encourages the International Committee of the Red Cross to undertake, in constant
liaison with the United Nations and within the framework of its humanitarian
mission, every effort likely to contribute to the prevention or settlement of possible
armed conflicts, and to be associated, in agreement with the States concerned, with
any appropriate measures to this end,
CHAPTER III THE MOVEMENT,
PROMOTION OF NON-DISCRIMINATION AND PEACE 1001

urges the ICRC and the League of Red Cross Societies, the National Societies and
Governments to redouble their efforts with a view to the universal and scrupulous
application, in a spirit of humanity, of the Geneva Conventions, in all armed conflicts,
expresses its appreciation for the efforts of the ICRC, the League, the National
Societies and Governments for the alleviation of suffering, and encourages them to
continue such efforts in the future. (Vienna, 1965, Resolution X)

Red Cross, factor of peace in the world


The XXIst International Conference of the Red Cross,
considering that the International Red Cross, in accordance with its fundamental
humanitarian principles adopted by the XXth International Conference, is called
upon to promote mutual understanding, friendship, cooperation and lasting peace
amongst all peoples,
confirming all previous resolutions in support of peace condemning any threat or
use of force which jeopardizes the independence and right of self-determination of all
people, and the appeals of previous Red Cross Conferences to all Governments to settle
their disputes by effective peaceful means, within the spirit of international law,
expressing its anxiety at the threat to world peace and international security
resulting from armed conflicts in different regions of the world which are causing great
suffering and distress, and prompted by the necessity for effective measures to ensure
the maintenance of international peace security which requires, as an essential
element, respect for international agreements and international law,
reaffirming that the Red Cross is always faithful to its traditional commitments for
the benefit of all mankind and calls for respect of the internationally accepted
fundamental human rights of all persons and of all human societies,
noting with satisfaction Resolution 2444 of the United Nations General Assembly
adopted on 19 December 1968, requests the leaders of the International Red Cross to
maintain constant and close contact with the United Nations in respect of activities on
behalf of peace and human rights,
urgently appeals to all Governments and to the United Nations to take all measures
to put an end to armed conflicts and to establish a lasting peace; urges renewed efforts
to halt the nuclear arms race, including the establishment of an adequately verified
treaty banning nuclear weapons tests in all environments, a seabeds arms control treaty,
sound and effective arrangements covering chemical and biological weapons, and
general and complete disarmament under effective international control,
proposes that funds that would have been assigned to the purchase of armaments be
used for the service of mankind, the protection of the lives and health of people, first and
foremost the younger generation, and for the improvement of education and teaching,
urges all States to accept and effectively put into practice the standards established
by international law, the Charter of the United Nations, international humanitarian
conventions and declarations and all previous humanitarian resolutions of the
International Red Cross and the United Nations,
1002 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

recommends that the International Red Cross bodies and the Red Cross, Red
Crescent and Red Lion and Sun Societies, in constant liaison with the Specialized
Agencies of the United Nations, take active measures to initiate the whole population,
particularly youth, in Red Cross activities by training youth in a spirit of international
brotherhood, solidarity, friendship with all peoples and social responsibility for the
destiny of their peoples; in this spirit it invites the International Red Cross bodies, in
liaison with UNESCO, other UN Specialized Agencies and youth organizations, to
initiate an educational programme on peace,
urgently invites and recommends the National Societies to increase and maintain
closer contacts with each other for the purpose of exchanging experiences, and
achieving closer cooperation and mutual understanding in the promotion of peace,
draws the attention of the International Red Cross to the need to have further
recourse to all media of information in support of peace, human rights and
fundamental freedoms, and to the need for extensive dissemination of the
humanitarian principles of the Red Cross,
recommends to the International Red Cross organs and to all National Societies to
convene meetings and study groups to seek practical ways of enabling the Red Cross to
participate more effectively in the cause of safeguarding peace and preventing wars.
(Istanbul, 1969, Resolution XX)

Contacts between National Societies in cases of armed conflicts


The XXIst International Conference of the Red Cross,
recalling that, according to the principle of humanity which it has proclaimed, the
Red Cross promotes mutual understanding, friendship, cooperation and lasting peace
amongst all peoples,
recalling that the XXth International Conference in its Resolution No. X
encouraged the ICRC to undertake, in constant liaison with the UN and within the
framework of its humanitarian mission, every effort likely to contribute to the
prevention or settlement of possible armed conflicts in agreement with the States
concerned, and asked the Red Cross and Governments to work for the universal and
scrupulous application of the Geneva Conventions in all armed conflicts,
considering that the XVIIth International Conference in its Resolution No. XXVII
in particular considered essential the development of relations between National
Societies of friendly and enemy States,
recommends that in cases of armed conflicts or of situations which are a threat to
peace the ICRC shall, if necessary, ask the representatives of the National Societies of the
countries concerned to meet together or separately with the ICRC to study the resolution
of humanitarian problems involved and in agreement with the Governments concerned
to examine what contribution the Red Cross could make to preventing the outbreak of
the conflict or achieving a ceasefire or cessation of hostilities,
recommends the National Societies to comply with the request of the ICRC and
give it all desirable cooperation in this field. (Istanbul, 1969, Resolution XXI)
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Action to be taken on the World Red Cross Conference on Peace


The Council of Delegates,
considering that the World Red Cross Conference on Peace, organized in
Belgrade, Yugoslavia, in June 1975, on the basis of Resolution No. 37 of the
XXXIInd session of the Board of Governors, represents an important
demonstration of the unity of the world Red Cross family in favour of peace, the
development of cooperation, friendship and understanding among peoples,
recalling that this World Conference
assembled 220 delegates from 81 National Red Cross Societies throughout
the world including seven still in process of formation, as well as delegates
from the League of Red Cross Societies, the International Committee of the
Red Cross and the Henry Dunant Institute;
examined the role of the Red Cross for the promotion of peace from all the
aspects concerning the Red Cross;
adopted the Programme of Action of the Red Cross as a Factor of Peace,1 as
guidelines and with all the views expressed and recorded in the Leagues
report on the Conference;
having noted the Leagues report on the World Red Cross Conference on Peace,
1. expresses its recognition of Red Cross work accomplished with regard to peace
for many years, and of its contribution to the general efforts undertaken in the
world for the strengthening of the foundations of peace,
2. considers that National Red Cross, Red Crescent and Red Lion and Sun
Societies, the League of Red Cross Societies and the ICRC should take their
inspiration as guidelines for their work from the Programme of Action as
adopted at the Conference, that they should keep it in mind in all their activities
and that they should strive for its creative implementation,
3. recommends
a) that National Societies should submit the Programme of Action to be
examined by their leading bodies with a view to the adoption of concrete
measures for its implementation;
b) that the ICRC and the League, each in its own respective sphere, should
cooperate to put into action the tasks which the Programme of Action
invites them to undertake;
4. requests that the item Implementation of the Programme of Action of the Red
Cross as a Factor of Peace be included in the agenda of the next ordinary
session of the Council of Delegates and that, prior to that session a Working
Group be set up by the League in consultation with the ICRC to consider the
comments expressed and the annexes proposed and required to report, for the

1 See below Annex to Decision 1 of the Council of Delegates (Bucharest, 1977).


1004 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

consideration of the session, any proposals they may evolve to resolve or


otherwise provide for meeting such comments and annexes, this being without
prejudice to the recommendations in paragraph 3. (Council of Delegates,
Geneva, 1975, Resolution 2)

Red Cross and peace


The Council of Delegates,
having taken note of the report by the Working Group constituted pursuant to
point 4 of Resolution No. 2 (975),
noting with satisfaction that the Group reached a consensus on ways to meet the
comments contained in the League report on the World Red Cross Conference on
Peace and in Annex 6 of that report,
approves the proposals of the Working Group intended to define the meaning
of the recommendations in the Programme of Action of the Red Cross as a Factor
of Peace1 which were the subject of such comments,
considers the interpretations1 so approved to be an integral part of the
Programme of Action,
asks the League, therefore, to include the interpretations of the Working Group
in its report on the World Red Cross Conference on Peace,
considers that the implementation by the Red Cross Institutions of the
Programme of Action should fully respect the Fundamental Principles of the Red
Cross and take the aforesaid interpretations into account,
considers that the Working Group has thus fulfilled its mandate, and thanks it
for its services. (Council of Delegates, Bucharest, 1977, Decision 1)

PROGRAMME OF ACTION OF THE RED CROSS AS A FACTOR OF PEACE


adopted by the World Red Cross Conference on Peace (Belgrade, 1975)
Preamble
All members of the world Red Cross family should make constant efforts to
safeguard and strengthen peace, and combat forces violating or threatening it, in
the spirit of their tenet Per humanitatem ad pacem.
To establish peace as an inalienable human right is the greatest aspiration of all
peoples in the world. Without peace a full life and the development of each nation
and individual are an impossibility.
Humanitarian ideals and the need to mitigate, if not eliminate, human suffering
and distress have found fulfillment in the Red Cross movement, whose history
dates back to over a century.

1 See below.
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PROMOTION OF NON-DISCRIMINATION AND PEACE 1005

Red Cross action for peace is therefore an essential part of mankinds quest for
peace. The Red Cross is duty bound to support efforts to consolidate detente and
strengthen world peace.
Peace is still being violated in different parts of the world, in different ways
involving varying means and degrees.
Preventing conflicts, relieving the consequences of war, and helping victims of
conflicts, has always been the fundamental aim and task of the Red Cross and
hence an important contribution to peace.
The Red Cross does not view peace simply as the absence of war, but rather as a
dynamic process of cooperation among all States and peoples; cooperation founded
on freedom, independence, national sovereignty, equality, respect of human rights, as
well as a fair and equitable distribution of resources to meet the needs of peoples.
The Red Cross considers respect of humanitarian rules, in all circumstances,
essential to peace.
Peace is indivisible it should be understood that peoples and races constitute
one and the same family. They are one body and if one limb is indisputably
contaminated, the whole body will be contaminated too.
Peace is indivisible and the Red Cross has to act, not to divide but to unify, not
to disintegrate, but to consolidate.
All the Fundamental Principles of the Red Cross: humanity, impartiality,
neutrality, independence, voluntary service, unity and universality, underlying all
Red Cross activities, contribute to peace by developing understanding, strengthening
friendship, collaboration and mutual aid between the Red Cross organizations, as
members of the world Red Cross family, and among peoples in general.
Red Cross action for promoting peace must be founded on the ethical principles
of the Red Cross, which are a factor of rapprochement among men and peoples.
In pooling their efforts towards this end, all members of the world Red Cross
family act to promote peace while, at the same time, respecting each National
Societys independence and freedom.
Continuous action to promote reform of bodies of the world Red Cross family,
so as to adapt their structure to the needs and demands of contemporary society,
leads to greater democratization and creates conditions for accomplishing more
and more complex tasks facing the world, especially where peace is concerned.
Recalling the suffering of peoples in World War II and other wars, all Red Cross
members are morally bound to struggle, in conformity with the principles and
objectives of the organization, to prevent a recurrence of such suffering anywhere
and to build a lasting peace, paving the way to the progress of mankind.
1975 is international Womens Year.Women have always been, ever since the Red
Cross movement was founded, a living force in that movement and are among its
most active members and most vigorous champions of Red Cross ideals.
Numerous recommendations, resolutions and appeals for peace adopted by
various organs of the International Red Cross in past years reflect the constant desire
1006 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

and concern of the world Red Cross family to work for peace. They are accordingly
a valuable starting point and encourage more intensive Red Cross action for peace.
In the light of the world Red Cross movements rich experience, the World Red
Cross Conference on Peace, fully alive to the principles of the movement, presents
a Red Cross Programme of Action for Peace based on the reports, statements
submitted at the Conference, and on the discussions during the Conference itself.

I. Solidarity
A. Relief
1. Principles
1.1 Practising solidarity helps to safeguard and promote peace.
1.2 International solidarity today is marked by awareness that the distress of an
individual or a community entails the responsibility of all others. The duty to
help has replaced mere charitable action.
1.3 Through international assistance organized by the Red Cross to assist
victims of natural disasters, and through international relief actions, the Red
Cross is a factor of peace.
1.4 Consequently, the duty of Red Cross members is to associate themselves in
the greatest possible measure with international Red Cross relief actions.
2. Tasks
National Societies are asked to:
2.1 Work out a national disaster relief preparedness plan, if there is not one
already, in full cooperation with Governments concerned and with their help,
and in accordance with Resolution 2816/XXVI of the UN General Assembly.
2.2 Develop plans for regional cooperation in case of disaster and set up struc-
tures, methods and forms of cooperation adapted to local conditions, such as
setting up relief supplies warehouses, training officers, relief actions, etc.
2.3 Organize informal gatherings amongst Societies to strengthen cooperation
for mutual advantage.
2.4 Strengthen exchanges of information, especially to prevent disasters.
2.5 Undertake joint programmes for training qualified personnel in cooperation
with League bodies.
2.6 Maintain close cooperation with national and international disaster relief
organizations.
2.7 Take an active part in the Leagues international relief operations by giving
material assistance, providing necessary personnel, and helping in every
other way possible.
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3. The League of Red Cross Societies is asked to:


3.1 Continue helping National Societies which need to strengthen their activities
in this direction.
3.2 Promote regional conferences and encourage meetings.
3.3 Redefine and specify the role of experts attached to National Societies.

4. Red Cross institutions are asked to:


4.1 Examine the feasibility of setting up an international Solidarity Fund
financed from National Societies and other voluntary contributions. The
fund would collect money for extremely urgent action and finance pilot
projects (such as scientific studies) in disaster areas. (See below: Interpretative
Texts Section 1).
4.2 Have studies carried out on the basis of relief experience, find new and better
ways of helping victims of natural disasters.

B. Development

5. Principles
5.1 Equality of all men and peoples, and human dignity, are mans essential
attributes and must be respected. The Red Cross should help to eliminate the
great disparities and inequalities in the distribution of material wealth, which
threaten world peace.
5.2 Security for all is not complete unless it includes economic security
guaranteeing to all countries the right to develop free from economic
aggression.

6. Tasks
6.1 Participation by National Societies and their Federation in developing
structures and programmes of Societies in developing countries, on a
bilateral and multilateral basis, under the Development Programme.
6.2 Amplifying the League Development Programme on a decentralized
regional basis.
6.3 Progressive integration of the Development Programme extraordinary
budget into the League ordinary budget (See below: Interpretative Texts
Section 2).
6.4 Training personnel in modern techniques by means of courses, seminars and
regional and national institutes.
1008 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

C. Health
7. Principles
7.1 The Red Cross must be active in every way calculated to protect life and
health and develop community services, with full participation by young
people at all levels.
7.2 Man and his environment are seriously threatened by uncontrolled use of
scientific and technical development and ill-considered activities, which
cause air and water pollution and accumulation of waste dangerous to health.
The Red Cross has work of major importance to do in improving the
environment.
8. Tasks
National Societies should:
8.1 Educate their public and make it aware of its health responsibilities.
8.2 Establish close cooperation with public health services and national public
health institutions to improve living conditions and protection against
disease.
8.3 Promote a network of human relations among peoples, especially by
organizing inter-country assistance to sick foreigners, holidays abroad for
the handicapped, international camps for handicapped youth, etc.
8.4 Set up effective regional cooperation on first aid and health programmes.
These will benefit the community and bring peoples closer together in health
matters, which are very important.
8.5 Include in National Societies programmes, especially in health education,
more work to protect man and his environment, and so, safeguard health.
8.6 Get neighbouring countries and regions to cooperate in protecting the
environment.

D. Youth
9. Tasks
National Societies should:
9.1 Involve young people in their decision-making bodies to the fullest extent
possible, give them important responsibilities, and consider revising the
Statutes of the National Society to include youth in Central, Regional and
Local Committees.
9.2 Draw up programmes to educate young people for peace, and get them to
take part in solidarity actions such as relief teams, relief activities, anti-
hunger campaigns, etc., and in carrying out programmes for the diffusion of
CHAPTER III THE MOVEMENT,
PROMOTION OF NON-DISCRIMINATION AND PEACE 1009

the Geneva Conventions and the principles of humanitarian law, in


cooperation with other National Societies.
9.3 Hold numerous international meetings and exchanges of experience, such as
international camps, seminars and the like, possibly under League auspices,
for young people alone and for young people together with adults.
9.4 With League and ICRC cooperation, organize central courses on the Red
Cross for secondary school teachers, either on a national or regional basis.
Regional courses would enable those attending central courses to pass on
their knowledge to others, who would teach it to classes.
9.5 Cooperate with the Ministry of National Education to have lessons on the
Red Cross included in civic, moral and ethical education.

10. The League of Red Cross Societies is asked to:


10.1 Foster the award of travel grants and scholarships, especially to young people
from developing countries.
10.2 Create and administer a Friendship Fund (See below: Interpretative Texts
Section 3).
10.3 Organize seminars and set up an effective guidance programme to clarify the
role of youth in Red Cross activities.
The League and the ICRC are asked to publish a manual for secondary school
teachers in consultation with experts from National Societies from different
geographical and linguistic regions. It would include a presentation of basic
Red Cross Principles; a brief historical introduction to the Red Cross and a
statement on its organization and basic activities and a chapter on The Red
Cross as a factor of peace.

II. Protection

I. HUMANITARIAN LAW

11. Principles
11.1 The Red Cross demands humane treatment for all men in all circumstances.
11.2 The Red Cross is duty bound to forward the widest possible application of
existing humanitarian rules. Developing international humanitarian law is a
contribution to peace and the Red Cross should be the main driving force
behind its development, which should be carried on in the form adopted by
the present Diplomatic Conference, i.e., in close cooperation with National
Societies and Governments (See below: Interpretative Texts Section 4).
1010 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

11.3 Members of the International Red Cross must therefore help to formulate
humanitarian rules, to ensure that Red Cross role and activities are
reinforced in international law.
11.4 They must keep the public constantly informed of the great moral
responsibility of the Red Cross for developing and implementing
international humanitarian law.
11.5 The Red Cross must also promote the widest possible application of
humanitarian principles in case of armed conflict, even when this exceeds
the strict application of international humanitarian law.

A. Knowledge and dissemination of humanitarian law


12. Principles
12.1 Teaching and disseminating the Geneva Conventions and the principles of
international humanitarian law in general, which are the expression of the
Fundamental Principles of the Red Cross, are a factor of peace and therefore
a duty.
12.2 The great efforts already made by the ICRC and National Societies to induce
all Governments to take effective action for this purpose, particularly with
regard to their armed forces, police, senior civil servants and universities, but
also to the public, should be completed and developed, in particular:
by institutionalizing cooperation between Red Cross Societies and their
Governments to improve the dissemination of humanitarian law;
by incorporating Red Cross Principles and ideals into educational
programmes and producing appropriate material for teaching and
disseminating them.
13. Tasks
13.1 National Societies should:
Propose that a Standing Committee be formed in their country, composed of
Government representatives and representatives of the National Red Cross
Society, to evolve and implement adequate means for systematic dissemina-
tion of the Geneva Conventions in the armed forces and universities and
among young people, and also among the civilian population.
14. The International Committee of the Red Cross, in cooperation
with the League of Red Cross Societies, is asked to:
14.1 Promote new methods for spreading and disseminating the Geneva
Conventions.
14.2 Take part in organizing programmes for practical cooperation, jointly with
National Societies.
14.3 Elaborate youth programmes adapted to different communities.
CHAPTER III THE MOVEMENT,
PROMOTION OF NON-DISCRIMINATION AND PEACE 1011

B. Development of humanitarian law


15. Principles
(See below: Interpretative Texts Section 5)
15.1 The development of human society and technical progress have led to use of
the most modern military techniques and to drastic changes in ways of war
and combatant status. This is particularly marked in wars of liberation and
resistance movements. To protect victims of modern war, international
humanitarian law should be extended and adapted to these new conditions.
15.2 Under the United Nations Declaration of 24 October 1970, on the principles
of international law affecting friendly relations and cooperation between
States, wars of aggression are crimes against peace. Consequently,
international humanitarian law should give increased protection to every
victim of such wars, including the population and fighters who resist
aggression and occupation. (See below: Interpretative Texts Section 6)
Under Resolution 3314/XXIX of the United Nations General Assembly, it is
the duty of States not to use armed force to deprive peoples of their right to
self-determination. International humanitarian law should accordingly
protect freedom fighters and peoples exercising their right to self-
determination.
15.3 Efforts to prohibit weapons, including those with indiscriminate effects, also
contribute to the promotion of peace, therefore any efforts to limit the arms
race and promote disarmament should be strongly supported by the Red
Cross movement; this could ultimately increase economic and social
cooperation among nations. (See below: Interpretative Texts Section 7)
15.4 The Red Cross should, more than ever, take part in formulating new legal
standards at the Diplomatic Conference now being held. This principle
should apply especially where appropriate rules for protection, such as those
mentioned above and those for protecting victims of non-international
armed conflicts, were felt to be lacking. Interest in development in
international humanitarian law is thus a permanent task for the Red Cross
and should be continued even after the present Diplomatic Conference ends.
(See below: Interpretative Texts Section 8).

16. Tasks
National Societies should continue:
16.1 To urge their Governments so that these give National Red Cross Societies
and international Red Cross institutions the protection and facilities they
need to carry out their humanitarian activities.
16.2 Red Cross institutions, in particular the ICRC, should encourage meetings
and seminars of the Red Cross and non-Red Cross experts on international
humanitarian law.
1012 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

II. RED CROSS ACTIVITIES FOR RELIEVING


THE SUFFERING OF WAR VICTIMS

17. Principles
17.1 Relieving the suffering of war victims is one of the fundamental tasks of the
Red Cross for the promotion of peace. The International Red Cross should
not only intervene when a conflict has broken out but also organize
preparatory action in case of danger of armed conflict.
17.2 In this connection, Resolution No. XXI of the XXIst International
Conference of the Red Cross held in Istanbul, recommended unanimously
that in case of armed conflict or of a threat to peace, the ICRC should, in case
of need invite representatives of National Societies of countries concerned to
meet it, either all together or separately to discuss humanitarian problems
involved and with the agreement of Governments concerned to consider
what contribution the Red Cross could make to prevent the conflict or
achieve a ceasefire or the cessation of hostilities.

18. Tasks
National Societies should:
18.1 Help their Government to apply the Geneva Conventions and urge it even in
time of peace to undertake all necessary measures to ensure implementation
of international humanitarian law in case of armed conflict (penal sanctions
for violations, legislation on use of the Red Cross emblem, dissemination,
etc.).
18.2 Offer their services, especially qualified personnel, for discharging the duties
of the Protecting Power.
18.3 Do all that is possible to implement Resolution No. XXI of the XXIst
International Conference of the Red Cross, especially by drawing the
attention of their respective Governments at an appropriate moment, to the
opportunities it offers for humanitarian action and even for the cessation of
hostilities.
18.4 Cooperate as closely as possible with the ICRC to implement plans of action
prepared to help the victims.
18.5 Help in every possible way all victims of conflicts without discrimination of
any kind, in accordance with The Fundamental Principles of the Red Cross.
18.6 Take part in ICRC activities extending beyond existing law (political
detainees, stateless persons, national minorities, unprotected civilians, etc).
18.7 Follow the conflict, protest in case of violation of international humanitarian
law by either party and inform the competent authorities thereof, so that
steps be taken to prevent further violations.
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PROMOTION OF NON-DISCRIMINATION AND PEACE 1013

18.8 Endeavour to act if internal conflict occurs in their country, assuming the
National Society is left free to act in complete impartiality and enjoys the
trust of the authorities and population.

19. The League of Red Cross Societies


and the International Committee of the Red Cross are asked to:
19.1 Act in closest cooperation with National Societies in all matters related to
relieving the suffering of victims of conflicts.
19.2 Prepare a practical manual of National Societies duties towards war victims.

20. The International Committee of the Red Cross is asked:


20.1 To see that the Geneva Conventions are fully applied.
20.2 To maintain humanitarian contact with warring countries, particularly
when political and diplomatic relations between them have been broken off.
Maintenance of humanitarian contact enables other relations to be built up.

III. DIRECT RED CROSS CONTRIBUTION TO PEACE


(See below: Interpretative Texts Section 10)

21. Principles
21.1 The Red Cross should use its moral influence to help to eliminate imminent
threats to peace. It should try to prevent the outbreak of hostilities and help
to bring about a ceasefire or cessation of hostilities.

22. Tasks
The International Committee of the Red Cross with or without League
cooperation, is asked:
22.1 To ask representatives of National Societies to meet to discuss ways of solving
humanitarian problems and, in accord with Governments concerned, to
consider what the Red Cross could do to prevent the outbreak of conflict or
bring about a ceasefire or cessation of hostilities.
22.2 In accordance with Resolution No. X of the XXth International Conference
of the Red Cross (Vienna, October 1965), and if it believes such a course
possible, to make a direct appeal to the Governments concerned and even to
the Secretary General of the United Nations when an armed conflict appears
imminent.
Protection of the civilian population should be one of the principal aims and
preoccupations of action by the International Committee of the Red Cross.
1014 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

23. National Societies are asked to:


23.1 Appeal to the International Committee of the Red Cross and the League of
Red Cross Societies whenever a conflict threatens to break out, so enabling
them to approach the Parties in the name of the members of the Red Cross
and take action to safeguard peace.

24. Red Cross institutions are asked to:


24.1 Cooperate more closely with the United Nations in all cases of aggression,
bearing in mind the specific humanitarian tasks of the Red Cross.
24.2 Such cooperation should be effective in preparing documents condemning
aggression, racial discrimination, apartheid and political detention (See
below: Interpretative Texts Section 11)

IV. ORGANIZING AND COORDINATING RED CROSS WORK FOR PEACE

25. Principles
25.1 The promotion of peace has always been one of the essential tasks of the
League of Red Cross Societies, and National Societies have also an important
part to play. The main task of the Red Cross in this direction is to create an
atmosphere conducive to better understanding among peoples.
25.2 Coordination of Red Cross activities for peace is essential to success.
Research on peace is one of the main aspects of its promotion.
25.3 The Red Cross should accordingly maintain very close contact with scientific
institutions undertaking such research and should give its material support.
25.4 The promotion of human equality and opposition to all forms of
discrimination are important Red Cross contributions to peace.
The Red Cross must work to implement the programmes and plans already
approved by the International Red Cross, e.g. the Red Cross Plan of Action in
the struggle against racism and racial discrimination-Racism and racial
discrimination are violations of essential human rights and human dignity,
and are contrary to the Red Cross Principles.

26. National Societies are asked to:


26.1 Include in their statutory texts in accordance with the spirit of the
Fundamental Principles of the Red Cross in so far as this has not been done
already and as one of its main objectives, contributing to establishing and
safeguarding a lasting peace, by developing and reinforcing international
CHAPTER III THE MOVEMENT,
PROMOTION OF NON-DISCRIMINATION AND PEACE 1015

cooperation, humanitarianism, solidarity, respect and understanding


between men and peoples.
26.2 Establish National Peace Committees which could advise National
Societies on matters connected with peace.

27. Tasks
The League is asked to:
27.1 Continue to carry out its development programme, which is the best means
by which the International Red Cross can add to its power to promote peace.
27.2 Form a League Committee on Peace as a permanent body, to advise the
Board of Governors on what should be done to promote peace.
The Committee should be mainly concerned with promoting and
stimulating research in cooperation with specialized institutes, collecting
information, giving suggestions, following the progress of work begun, etc.

28. Red Cross institutions are asked to:


28.1 Enlist expert help to organize meetings and symposiums on Red Cross work
for peace, these coinciding with Red Cross international or regional
meetings.
28.2 Promote programmes to inform public opinion and eliminate causes of
conflicts such as racial discrimination and colonialism.
28.3 Publish documents to guide the millions of Red Cross members on how to
perform their task of promoting peace.
28.4 Promote research on peace and instruct the Henry Dunant Institute, the
International Red Cross research centre, to carry out teaching, study and
research on the subject, publish works thereon, and make all necessary
contacts with scientific institutes doing research on peace.
28.5 Consider the idea of instituting a Red Cross Prize to encourage and honour
the National Society making the greatest contribution to international
solidarity and thereby promoting the Red Cross image.
28.6 Find a new Red Cross way of describing ideals and activities so that young
people understand better Red Cross Principles and programmes.
28.7 Encourage representatives of various parts of the community, such as
schools, universities, the armed forces and the churches, to say what they
believe to be most important and shoulder their responsibilities in their own
way, producing adequate material on the Red Cross. (See below: Interpretative
Texts Section 13)
1016 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

INTERPRETATIVE TEXTS
adopted by the Council of Delegates (Bucharest, 1977)

Section 1 Solidarity
A. Relief

Comment expressed during the Belgrade Conference


(Programme of Action para. 4.1)
Delete paragraph 4.1 in which Red Cross Institutions are called upon to examine
the advisability of the creation of an international Solidarity Fund financed through
voluntary contributions of National Societies and other sources. This fund should
accumulate sufficient resources to intervene in cases of extreme emergency and
finance pilot projects in the areas of disasters: scientific studies, etc..

Interpretative text adopted by the Council of Delegates


After taking note of the League Secretariats point of view on the expediency of
setting up a solidarity fund, the Council of Delegates accepts, in order to take into
account the concern expressed by the authors of the proposed amendment referred
to above, that the League be invited to continue this study and so seek a solution
which would meet with general approval.

Section 2 Solidarity
B. Development

Comment expressed during the Belgrade Conference


(Programme of Action para. 6.3)
Delete paragraph 6.3 which stipulated the Progressive integration of the
extraordinary budget of the Development Programme into the ordinary budget of the
League.

Interpretative text adopted by the Council of Delegates


The Council of Delegates did not feel it useful to propose an interpretative text
for point 6.3 of the Programme of Action or for the corresponding comment above
since the League has already implemented that recommendation and intends to
specify progressively the measures involved in putting point 6.3 into effect.
The Council of Delegates therefore accepts that the League be requested to
continue the policy which it has already put into practice with regard to the
integration of the extraordinary budget into the League ordinary budget.
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Section 3 Solidarity
D. Youth

Comment expressed during the Belgrade Conference


(Programme of Action para. 10.2)
Delete paragraph 10.2 in which the League is asked to create a Friendship Fund.

Interpretative text adopted by the Council of Delegates


Having noted that various methods have been worked out by the League to
attain the goal set in this recommendation of the Programme of Action, the
Council of Delegates accepts that the League be encouraged to continue its
information and coordination efforts, in order to develop communication and
mutual understanding between young people of various countries.

Section 4 Protection
Principles Humanitarian law
Contribution of the Red Cross to the development of international
humanitarian law.

Comment expressed during the Belgrade Conference


(Programme of Action para. 11.2)
To read at the end:in close collaboration with Governments on the one hand and
with National Societies and their Federation, the League, and the ICRC on the other.

Interpretative text adopted by the Council of Delegates


This new wording is in no way in contradiction with the idea expressed in paragraph
11.2 of the Programme of Action. It is even more explicit. Accordingly, the Council of
Delegates accepts that in compliance with the wish of the authors of this comment, the text
of the Programme of Action be understood as including, besides the National Societies, the
ICRC and the League among the Red Cross institutions which are invited to cooperate
with the Governments in the development of international humanitarian law.

Section 5 Development of humanitarian law

Comment expressed during the Belgrade Conference


(Conference Report para. 74, sub-para. 2)
(Programme of Action para. 15)
(Some speakers)... hoped this section would be reconsidered in the interest of
avoiding any misunderstanding, and that experts would be asked to help in drafting
its final text.
1018 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

Interpretative text adopted by the Council of Delegates


The Council of Delegates accepts not retaining the suggestion to submit the
chapter in question to qualified experts, in view of the fact that the passages in the
Programme of Action having motivated this suggestion are dealt with specifically
in sections 6, 7 and 8 of Part III.

Section 6 Legal protection for victims of wars of aggression

Comments expressed during the Belgrade Conference


a) (Conference Report para. 74, sub-para. 1)
(Some speakers)... In their opinion the Red Cross could not subscribe to the
United Nations Declaration of 24 October 1970....

b) (Programme of Action para. 15.2)


After every victim of such wars, delete including the population and the fighters
who resist aggression and occupation....

Interpretative text adopted by the Council of Delegates


As long as it is clear that:
the passage under point 15.2 of the Programme of Action ... wars of
aggression are crimes against peace... is a quotation from the United Nations
Declaration of 24 October 1970;
the passage under point 15.2, sub-para. 1: ... international law should give
increased protection... is understood as follows: ... international
humanitarian law should give strengthened protection...

The Council of Delegates,


a) considers possible to maintain in the Programme of Action the reference to the
above mentioned declaration,
b) accepts that the passage under No. 15.2, para. 1 of the Programme of Action
(... including the population and fighters who resist aggression and
occupation...) should be understood as being intended to improve the legal
protection for certain victims who are inadequately protected by existing
international humanitarian law. Clearly the wording in neither case implies any
discrimination in the assistance which should be given to all conflict victims to
whatever party they may belong. This is very appropriately pointed out in
point 18.5 of the Programme of Action (... help in every possible way all
victims of conflicts without discrimination of any kind, in accordance with the
Fundamental Principles of the Red Cross).
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Section 7 Arms race limitation and disarmament

Comment expressed during the Belgrade Conference


(Conference Report para. 75)
(Programme of Action para. 15.3)
There was controversy on whether the Red Cross should join in attempts to limit
the armament race and obtain disarmament. Some speakers in favour of its doing so,
whilst others thought it would thereby exceed its terms of reference.

Interpretative text adopted by the Council of Delegates


The Council of Delegates did not deem it advisable to propose that a follow-up
be given to the comment made on this subject at the Belgrade Conference, since the
International Conference of the Red Cross had twice (New Delhi 1957,
Res. No. XVIII and Vienna 1965, Res. No. XXVIII), taken a stand in general terms
on the contribution of our movement to the efforts aimed at limiting armaments
whilst specifying that the nature and the extent of this contribution must retain a
general character. The Council of Delegates moreover, accepted that prohibit
weapons mentioned in the first line of Point 15.3 of the Programme of Action was
intended to mean prohibit weapons of war.

Section 8 Red Cross participation


in the development of international humanitarian law

Comment expressed during the Belgrade Conference


(Programme of Action para. 15.4)
Second sentence: For this principle would apply substitute the principles of
humanitarian law should apply .

Interpretative text adopted by the Council of Delegates


To avoid any confusion with the Fundamental Red Cross Principles, the Council
of Delegates accepts that the word principle in passage 15.4 of the Programme or
Action be understood to mean requirement: This requirement should apply ...

Section 9 Reunion and repatriation of families

Comment expressed during the Belgrade Conference


(Conference Report para. 71)
(Delegates...) indicated their preference for practical work to which the report had
given insufficient prominence, such as reuniting dispersed families, repatriating
families to their countries of origin, etc..
1020 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

Interpretative text adopted by the Council of Delegates


Considering that recommendation 18.5 of the Programme of Action already
urges National Societies to help in every possible way all victims of conflicts
without discrimination of any kind, in accordance with the Fundamental
Principles of the Red Cross, the Council of Delegates accepts that this
recommendation be understood to include help also to families seeking to be
reunited or repatriated.

Section 10 Direct Red Cross contribution to peace

Comment expressed during the Belgrade Conference


(Programme of Action paras 21 to 24)
(Conference Report paras 33 to 38)
33. Several delegates were of the opinion that the Red Cross contribution to peace
could not be direct, unless the Red Cross took part in the strategy of preventing armed
conflicts by eliminating their causes. To do so the Red Cross would have to participate
in the establishment of a political, economic and social programme which is now the
responsibility of the United Nations. This would infringe its Basic Principles.
34. The delegates could not agree to the Red Cross, through its governing bodies or
National Societies, protesting against all acts or threats of aggression.
35. Other speakers, whilst understanding that the Red Cross could not remain
indifferent to the gap between rich and poor nations and should attempt to narrow it,
thought that every direct Red Cross action for peace should remain within certain
limits if the Red Cross were to safeguard its unity and retain the confidence of all.
36. By taking part in peace conferences organized by public authorities, and
cooperating with the UN and its special institutions in preparing documents
condemning the perpetration of violations of human rights, aggression and
discrimination, the Red Cross was in danger of becoming involved in controversy
which would inevitably lead it to discord and paralyse its activities.
37. A number of delegates took the contrary view that Red Cross contribution to
peace could not be complete if the Red Cross did not attack racial discrimination,
colonialism, infringement of peoples right to self-determination, aggression, and other
causes of conflicts.
38. For these delegates, it was the duty of the Red Cross to denounce all forms of
aggression, set up a national committee for safeguarding peace and cooperate
extensively with the UN for that purpose.

Interpretative text adopted by the Council of Delegates


In view of the controversy within the Red Cross movement on the principle of
a direct Red Cross contribution to safeguarding or maintaining peace, the Council
CHAPTER III THE MOVEMENT,
PROMOTION OF NON-DISCRIMINATION AND PEACE 1021

of Delegates did not consider that it was its task to put forward a proposal
calculated to overcome these differences. It seemed to it more appropriate to study
the comments to which the specific tasks allotted under Point 24 of the Programme
of Action to the Red Cross international institutions had given rise. These
comments are the subject of Section 11 below.

Section 11 Cooperation with the United Nations

Comment expressed during the Belgrade Conference


a) (Programme of Action para. 24)
Modify the text of Point 24 of the Programme of Action as follows: Red Cross
institutions are asked to:
24.1 cooperate more closely with the United Nations for humanitarian purposes in
case of armed conflicts.
24.2 Delete this paragraph.

b) (Conference Report para. 36)


By taking part in peace conferences organized by public authorities and
cooperating with the UN and its special institutions in preparing documents
condemning the perpetration of violations of human rights, aggression and
discrimination, the Red Cross was in danger of becoming involved in controversy
which would inevitably lead it to discord and paralyse its activities.

Interpretative text adopted by the Council of Delegates


The Council of Delegates,
mindful of the fact that para. 24 is an invitation which each institution of the
Red Cross is free to follow up or not, in accordance with the Principles of the
Red Cross and taking into account its own role and its particular position,
considering that para. 24.1 can in no case be interpreted as implying any
discrimination in the protection and assistance which must be given the victims
of all conflicts,
noting that in para. 24.2 aggression, racial discrimination, apartheid and
political detention are evils that must be understood in a general sense, without
reference to a particular situation and that the essential aim of the Red Cross is
to help,
considers that para. 24, thus interpreted, can be maintained.
1022 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

Section 12 Return to a single protective emblem


Comment expressed during the Belgrade Conference
(Conference Report paras 30, 31 and 72)
Include in the Programme of Action the proposal to adopt a new single emblem,
viz. a Heart (Humble Heart).
Interpretative text by the Council of Delegates
The Council of Delegates, having noted that the question of the return to a
single emblem was studied by the XXIIIrd International Conference of the Red
Cross (Bucharest 1977) and was the subject of Council of Delegates Decision No. 3,
considers that the suggestion to include in the Programme of Action the proposal
to adopt a new single emblem, the humble heart, could be taken into consideration
by the Working Group set up under Council of Delegates Decision No. 3. It does not
feel that it can at this stage make any proposal on this subject.

Section 13 Organizing and coordinating Red Cross work for peace


Comment expressed during the Belgrade Conference
(Programme of Action para. 28.7)
a) At the end of paragraph 28.7, read concerning humanitarian commitment and
law instead of on the Red Cross.
b) Add after churches and in some countries trade unions .
Interpretative text adopted by the Council of Delegates
The Council of Delegates, having considered the foregoing comments appropriate,
accepts that recommendation 28.7 of the Programme of Action be understood as
including, in some countries trade unions among institutions which should be
encouraged to produce their own methods and adequate material on the Red Cross.
It accepts moreover that it be understood that these methods and this material
concern also humanitarian commitment and law.

Contribution of the Red Cross and Red Crescent to safeguarding and


consolidating true peace
The Council of Delegates,
recalling Resolutions LXIV of the Seventeenth International Conference of the
Red Cross, XI of the Eighteenth, XVIII of the Nineteenth, XXVIII of the Twentieth,
XX of the Twenty-first, XII of the Twenty-third and XIII of the Twenty-fourth
Conference and Resolutions 23 and 4 adopted respectively by the sessions of the
Council of Delegates in 1963 and 1979,
deploring the recurrence of armed conflicts in various parts of the world,
noting with deep concern the deplorable state of international relations and the
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PROMOTION OF NON-DISCRIMINATION AND PEACE 1023

existence of areas of tension entailing the risk of war, which involves the risk of the
use even of nuclear weapons and other weapons of mass destruction,
realizing that, while wars are becoming ever more horrendous, a possible large
scale use of armaments, including nuclear weapons and other weapons of mass
destruction, would have effects exceeding by far those of the weapons commonly
used so far and would pose grave risks to human civilization,
confirming that the Red Cross, nationally and internationally, through its many
and varied activities, is an effective moral force capable of promoting true peace,
supporting the Appeal by the Chairman of the Standing Commission of the
International Red Cross, the President of the ICRC and the President of the League
to the United Nations General Assembly at its second special session devoted to
disarmament,
recognizing that the continuation of the arms race at the present rate may
contribute to the risk of war and is not conducive to true peace, which could only
be attained through a process involving steps towards general and complete
disarmament under strict and effective control and the promotion of friendly
relations and cooperation among States,
recognizing moreover that a curbing of the present arms race might render it
possible for substantial parts of the resources now being used for military purposes
to be reallocated to development programmes directed at alleviating human
suffering and responding to basic human needs,
1. Urgently appeals to governments of all States to continue to pursue negotiations in
good faith on effective measures leading to the prevention of a further build-up of
armaments, including nuclear weapons and other weapons of mass destruction,
2. Expresses its conviction that all Red Cross and Red Crescent members should
work for the prevention of war and for constructive efforts towards resolving
disputes through peaceful means,
3. Proposes that all National Societies, the ICRC and the League, should use their
best endeavours to make the Red Cross members aware of the terrible effects of
the use of weapons, in particular of nuclear weapons and other weapons of
mass destruction,
4. Recommends that the National Societies, the ICRC and the League broaden their
contacts and their exchange of views on the most adequate means for the
National Societies of the Red Cross and the Red Crescent, acting within their
accepted area of responsibility, to contribute, in the respect of their fundamental
principles, to an improvement of mutual understanding and true peace,
5. Emphasizes that the National Societies, the ICRC and the League should, in all
circumstances and in their accepted area of responsibility, use their moral
authority to support the efforts made to prevent and end armed conflicts,
causing disasters and suffering throughout the world. (Council of Delegates,
Geneva, 1983, Resolution 2)
1024 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

FUNDAMENTAL GUIDELINES FOR THE CONTRIBUTION


OF THE RED CROSS AND RED CRESCENT MOVEMENT
TO A TRUE PEACE IN THE WORLD
adopted by the Second World Red Cross and Red Crescent Conference on
Peace (Council of Delegates, Aaland Stockholm 1984)

The Red Cross and Red Crescent Movement and peace


Since its inception and by its very existence our Movement has striven to
contribute to peace in the world.
For over 120 years, it has sincerely attempted to limit by its action and through
the provisions of humanitarian law, the horrors of war, from which it was created.
In fact, what it does, in time of peace as in time of war, helps directly or
indirectly to defuse the causes of conflicts and thereby contributes to the
dynamic process that leads to true peace.
Indeed, for our Movement, peace is not simply the absence of war, but rather a
dynamic process of cooperation among all States and peoples; cooperation founded
on freedom, independence, national sovereignty, equality, respect of human rights,
and a fair and equitable distribution of resources to meet the needs of peoples.
All components of the Red Cross and Red Crescent Movement undertake to
support, in compliance with its Fundamental Principles, efforts to preserve and
strengthen true peace.

Fundamental Guidelines
The Red Cross and Red Crescent Movement has already adopted a Programme
of Action for the Red Cross as a Factor of Peace which is to remain the basis of Red
Cross and Red Crescent activities in favour of peace. To facilitate implementation
of this programme and to contribute even more constructively to peace, it has
formulated these Fundamental Guidelines which are intended to encourage and
guide the activities of its members for a true and lasting peace in the world.
As they are fundamental, they focus on essentials and set forth in simple
language what the Movement does and wants to do for peace, inspired by the
conviction and enthusiasm instilled by its ideals and principles.

A dynamic process and Fundamental Principles


The Red Cross and Red Crescent Movements strategy for peace is both
dynamic and stable.
By their humanitarian action, the National Societies, the ICRC and the League
constantly further the cause of peace. Through consistent, patient and all-
encompassing effort, each component of the Movement contributes to this
dynamic process of cooperation, which is to build such future of humanity to which
we all aspire. Whereas war is most often the consequence of a long process of
increasing tension, the Red Cross and Red Crescent Movement contributes to
CHAPTER III THE MOVEMENT,
PROMOTION OF NON-DISCRIMINATION AND PEACE 1025

reducing tensions and defusing the causes of conflicts. In this way it works
constantly within the limits of its competence for true peace.
This long-term action is guaranteed by respect for the Fundamental Principles,
which are an inspiration and a guide for all the Movements humanitarian activities
and which give it its unity, its strength, its orientation and its staying power.

Contribution of each Fundamental Principle to peace


By respecting and implementing each of these Principles, the Red Cross and Red
Crescent Movement is making a specific contribution to a true peace in the world:
HUMANITY The Red Cross, born of a desire to bring assistance without
discrimination to the wounded on the battlefield,
endeavours in its international and national capacity
to prevent and alleviate human suffering wherever it may
be found. Its purpose is to protect life and health and to
ensure respect for the human being. It promotes mutual
understanding, friendship, cooperation and lasting peace
amongst all peoples.
Founded on the respect of the human being, this is the superior principle
inseparably linked with the idea of peace, the principle that sums up our
Movements ideal and on which all the other principles are based. To see and share
the suffering of others, prevent and alleviate it in the face of violence is life-giving
work. It is the first step on the road to preventing and eliminating war: Humanity is
an essential factor of true peace which can never be attained through domination
and military superiority.
Per humanitatem ad pacem Through humanity to peace.
IMPARTIALITY It makes no discrimination as to nationality, race,
religious beliefs, class or political opinions. It endeavours
to relieve the suffering of individuals, being guided solely
by their needs, and to give priority to the most urgent
cases of distress.
This positive principle of helping others without discrimination reminds us that
no distinction should be applied to people in distress. It is the opposite of the feelings
of superiority, or acts of discrimination, which are at the origin of so many conflicts.
NEUTRALITY In order to continue to enjoy the confidence of all, the Red
Cross may not take sides in hostilities or engage at any
time in controversies of a political, racial, religious or
ideological nature.
For the Red Cross and Red Crescent Movement, neutrality is a means and not
an end. Neutrality does not imply indifference to suffering nor acceptance of war.
It is an indispensable condition for effective humanitarian action dependent on the
confidence of all.
1026 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

INDEPENDENCE The Red Cross is independent. The National Societies,


while auxiliaries in the humanitarian services of their
governments and subject to the laws of their respective
countries, must always maintain their autonomy so that
they may be able at all times to act in accordance with
Red Cross principles.
The independence of the Red Cross and Red Crescent Societies from public
powers is essential for their humanitarian activities in the respect of the Fundamental
Principles. It allows that spirit of peace which is characteristic of our Movement to
reign in the hearts of the men and women comprising it. Without isolating the Red
Cross and Red Crescent from others, it gives it the necessary autonomy for its
humanitarian work, which makes it a unifying force amongst all peoples.
VOLUNTARY SERVICE The Red Cross is a voluntary relief organization not
prompted in any manner by desire for gain.
To bring relief to ones fellow man, voluntarily and unselfishly, bespeaks the
generous spirit of service and the fellowship that opens the door to reconciliation.
UNITY There can be only one Red Cross Society in any one
country. It must be open to all. It must carry on its
humanitarian work throughout its territory.
The Red Cross and Red Crescent Movement unites all people within each
countrys borders and so is a factor of internal peace.
UNIVERSALITY The Red Cross is a worldwide institution in which all
Societies have equal status and share equal responsibilities
and duties in helping each other.
Our Movements universality stems from the attachment of each of its members
to common values. One of its characteristics being the duty to help one another, it
makes for the propagation in all countries of these values, seeds for rapprochement
and peace among men.

Fostering a spirit of peace


World solidarity in humanitarian work
Solidarity in the Red Cross and Red Crescent Movement brings together men,
irrespective of their nationality, race, religion, ideology and beliefs: it speaks for
human dignity because it exists only to assist and protect those who suffer and are
without help in adversity. Solidarity in action is the essence of the whole Movements
contribution to peace.
An ideal to confront violence, fear and distrust
Against the vicious circle of violence, fear, and distrust, the Red Cross and Red
Crescent Movement opposes forces threatening or violating peace by setting up an
CHAPTER III THE MOVEMENT,
PROMOTION OF NON-DISCRIMINATION AND PEACE 1027

ideal based on respect for ones fellow man which dispels hatred, encourages
confidence and fosters a spirit of peace and cooperation.
Speaking with one voice to the peoples of the world
On peace as on all other matters, our Movement speaks for itself. Being
independent of governments and outside the political field, it speaks a univocal
humanitarian language: millions of members in over 130 countries share this ideal
and address a common message to all their fellow men. Our Movement looks for a
true dialogue in the humanitarian field, with a view to a better mutual
understanding and dissemination of Red Cross and Red Crescent ideals. It thus
brings its specific contribution to global efforts for peace, whenever it takes place
with due respect for its independence and its Fundamental Principles.
Red Cross and Red Crescent Youth: a hope for peace
Youth in todays world is a dynamic, mobile social force. Young people aware of
their duties towards all persons contribute to understanding between men. Faithful
to the ideals and spirit of the Movement, Red Cross and Red Crescent Youth, by
their readiness to work, serve and accept sacrifice, can set an example for others
and be a catalyst for peace.
Youth education for peace
The components of the Movement should pay great attention to educating
young volunteers in the spirit of peace and friendship among peoples. They should
actively encourage the development of Red Cross programmes for strengthening
mutual understanding and solidarity among youth, together with the exchange of
information of different countries. In particular, Red Cross must fight all attempts
to imbue children with contempt or hatred for other peoples.
Red Cross and Red Crescent, peace and human rights
The humanitarian activity of the Movement, undertaken in compliance with its
Fundamental Principles, is not only a contribution to peace but also a contribution
to the respect of basic human rights.

Consolidating peace by reducing suffering


Solidarity through development
Preservation of world peace is inseparable from cooperation among peoples.
Confronted with inequalities of resources and means, the Movements contribution
to the development of National Societies, in the spirit of friendship and mutual
understanding, is a positive recognition and is proof in action that we are all united
in one cause. This helps decrease inequality and contributes to a more tolerant and
thus more peaceful world.
Compassion towards the victims of disaster
Assisting the victims of catastrophes and disasters, whenever they occur and no
matter what the cause, is a direct acknowledgement of worldwide responsibility.
1028 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

Understanding and fulfilling this duty to help is a powerful factor for peace
among peoples.
Prevention is better than cure
The silent disasters like hunger, population explosion, drought, lead people to
despair and violence. To anticipate silent and other, more sudden, disasters, in order
to prevent them or be better able to face them, is to work for peace.
Health through social action
Caring for and assisting the most needy everywhere, improving health,
contributes to a more just and humane society and thereby to reducing the causes
of tension. This is the daily work of millions of members of the Red Cross and Red
Crescent Movement throughout the world.

The Red Cross and Red Crescent Movement is peace even in war
Awareness of perils of war
Remembering the sufferings of the peoples during the Second World War and
other wars, conscious of the terrible consequences of the use of arms especially
nuclear arms and other weapons of mass destruction, all members of the Red Cross
and Red Crescent consider it their moral duty to work, in conformity with the
principles and ideals of the Movement, for the prevention of these sufferings in any
part of the world and for a lasting peace as an indispensable condition of social
progress. This task is more indispensable than ever in the present international
situation where mankind is threatened with huge accumulation of increasingly
sophisticated weapons that are a waste of material and other resources.
Easing the tensions that cause the arms race
Trust leads to disarmament and disarmament to peace. Our Movement
supports the final goal of complete disarmament, with the necessary means of
control. It can help to create the climate of confidence indispensable to attaining
this goal, especially by contributing to reducing, in its specific field of action, the
causes of tension. It appeals to governments to spare no effort for progress towards
complete disarmament in conventional weapons and weapons of mass destruction,
including nuclear arms.
A spirit of peace in the thick of the fighting
Born of the horrors of war, our Movement demonstrates a spirit of peace, even
in the heat of battle. By respecting those who can no longer fight, whichever side
they are on, by helping the wounded and protecting civilians and prisoners, it
creates zones of peace in the thick of the fighting, thereby facilitating a process of
cooperation and peace between the belligerents.
Protecting the weak by law
Developing international humanitarian law, teaching the soldier in time of
peace to respect non-combatants in time of war, is to try and attenuate the horrors
of battle through respect for the defenceless; it is to limit suffering and thereby
facilitate the return to peace; it is to contribute to a spirit of peace.
CHAPTER III THE MOVEMENT,
PROMOTION OF NON-DISCRIMINATION AND PEACE 1029

Giving refugees new reasons for and means of living


Providing shelter for refugees, whether temporarily or permanently, helping
them live, forwarding their messages, tracing missing persons and uniting families,
is to give inner peace, dignity as human beings and hope to those who have left all.
It is an essential contribution of the Red Cross and Red Crescent Movement to the
bringing of true peace to a world where individuals are threatened by so much
violence.
Helping without taking sides
Because it must help the victims of all parties in conflict, our Movement does
not choose sides. It remains above all political controversy in its own humanitarian
field and thus safeguards its possibilities to carry out humanitarian work for all,
without exception.
Laying the ground for prevention of wars and for peaceful solution of armed conflicts
The National Red Cross and Red Crescent Societies and their federation the
League, besides their own efforts, support the ICRC in the activities it can
undertake to prevent conflicts or to facilitate their peaceful solution, its resolve
strengthened by the universal confidence it has won.

THE RED CROSS AND RED CRESCENT MOVEMENT HOPES THAT, BY


FOLLOWING THESE GUIDELINES, IT WILL GIVE INSPIRATION TO ALL THE
PEOPLES AND GOVERNMENTS OF THE WORLD, AND WILL THUS
CONTRIBUTE TO FINDING THE PATHS WHICH WILL LEAD HUMANITY
TO LASTING PEACE.
(Council of Delegates, Aaland Stockholm, 1984)

The Red Cross and Red Crescent development and peace


The Twenty-fifth International Conference of the Red Cross,
recognizing that poor people in affected countries are most vulnerable to disasters,
both natural and man-made,
referring to Resolutions XV and XVII adopted by the Twenty-third International
Conference of the Red Cross,
recalling Resolution 2 of the 1983 Council of Delegates which states that a curbing
of the present arms race might render it possible for substantial parts of the resources
now being used for military purposes to be reallocated to development programmes
directed at alleviating human suffering and responding to basic human needs,
emphasizing the potential of the International Red Cross and Red Crescent
Movement to participate in raising the living conditions of the poor, particularly in
developing countries, as expressed in the Programme of Action of the Red Cross as a
Factor of Peace and in the Message to the World Community at the Second World
Red Cross and Red Crescent Conference on Peace,
1030 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

urges the Movement, in its development efforts, to reduce tension by contributing


towards a more just and humane society through development efforts, inter alia:
a) by working towards a better balance between man and nature through protection
and rehabilitation of the environment, in order to prevent and to improve the
situation of the people living in disaster-prone areas, thus reducing the potential
risk of unrest and conflict.
b) by strengthening the capacity of National Red Cross and Red Crescent Societies as
a contribution to national development and national humanitarian mobilization,
c) by setting up long-term integrated programmes with a view to strengthening the
capability of National Societies to cope with future disasters,
d) by integrating the dissemination of international humanitarian law and its
underlying principles in all national development plans,
e) by paying special attention to improving health and nutrition through training
and support services adapted to local needs, respecting traditions and securing the
dignity of human beings,
f) by contributing to practical and acceptable measures to solve demographic
problems and to improve economic and social conditions, thus creating conditions
for a more secure life,
g) by setting aside adequate funds for long-term development programmes. (Geneva,
1986, Resolution XXVI)

CHAPTER IV

THE MOVEMENT, WEAPONS AND DISARMAMENT


See also :
Part Three
Section IV, Doc. VI Movement Strategy on Landmines
Part Four
Section III, Chap. V Resolutions concerning weapons, arms, landmines
Section IV, Chap IV E Res. 2, 26th International Conference, (Geneva, 1995),
p. 1158

Atomic, chemical and bacteriological weapons


The Board of Governors,
considering that whereas the Red Cross is a purely humanitarian organization,
striving at all times to relieve human suffering and thereby working for peace, and
whereas during previous International Conferences of the Red Cross similar
Resolutions have been adopted which are hereby reaffirmed, and
CHAPTER IV THE MOVEMENT, WEAPONS AND DISARMAMENT 1031

whereas recent experiments have conclusively proved the great danger to which
mankind is exposed by the use of nuclear weapons of war,
recognizing that the most practical contribution which the Red Cross can make
towards ensuring a lasting peace is to fulfil its fundamental purpose the relief and
prevention of human suffering irrespective of class, creed, nationality or race,
pledges anew all the National Societies to work unceasingly to achieve this end,
thus helping to bring about a better understanding between the peoples of the
world,
pleads with all the Powers
a) to intensify their efforts for a peaceful settlement of conflicts;
b) to continue to work unceasingly for general disarmament;
c) to agree to prohibit absolutely and effectively the use of all nuclear weapons of
war as well as the use of asphyxiating and poison gases and bacteriological
warfare;
d) to establish effective international control of atomic energy which will ensure
that this is used solely for peaceful purposes, and
e) to take prompt and effective measures to protect all peoples from harm and
damage resulting from tests of atomic energy. (Board of Governors,
XXIIIrd Session, Oslo, 1954, Resolution 1)

Contribution of the International Committee


to the elimination of a menace against peace
The Council of Delegates,
after having taken cognizance of the conditions in which the International
Committee of the Red Cross was invited by the United Nations Organization, with
the agreement of the parties concerned, to intervene in the Cuba incident,
considering it is desirable that the Committee respond to the call made upon it
simultaneously by States in conflict to act as intermediary or assist in the proper
discharge of the obligations they have undertaken, thus contributing to the
maintenance of peace,
approves the action taken by the International Committee in the Cuba incident
and congratulates it for having accomplished that action. (Council of Delegates,
Centenary Congress, Geneva, 1963, Resolution 24)

Weapons of mass destruction


The XXIst International Conference of the Red Cross,
considering that the first and basic aim of the Red Cross is to protect mankind from
the terrible suffering caused by armed conflicts,
taking into account the danger threatening mankind in the form of new techniques
of warfare, particularly weapons of mass destruction,
1032 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

confirming the Resolutions adopted by the International Conferences of the Red


Cross as well as the United Nations General Assembly Resolutions Nos. 2162 (XXI),
2444 (XXIII) and 2454 (XXIII) and the Resolution No. XXIII of the International
Conference on Human Rights of 1968,
considering that the adoption of a special agreement on the prohibition of
weapons of mass destruction would be an important contribution to the development
of international humanitarian law,
requests the United Nations to pursue its efforts in this field,
requests the ICRC to continue to devote great attention to this question, consistent
with its work for the reaffirmation and development of humanitarian law and take
every step it deems possible,
renews its appeal to the Governments of States which have not yet done so to
accede to the 1925 Geneva Protocol and to comply strictly with its provisions,
urges Governments to conclude as rapidly as possible an agreement banning
the production and stock-piling of chemical and bacteriological weapons.
(Istanbul, 1969, Resolution XIV)

Disarmament, weapons of mass destruction and respect for non-combatants


The XXIVth International Conference of the Red Cross,
emphasizing that the vacation of the International Red Cross, in conformity with
its fundamental principle of humanity, is to prevent and alleviate human suffering in
all circumstances, to protect life and health, to ensure respect for the human being and
to promote mutual understanding, friendship, cooperation and lasting peace amongst
all peoples,
recalling Resolutions XXIV, XVIII, XVIII, XXVIII, XIV and XII, adopted
respectively by the Seventeenth, Eighteenth, Nineteenth, Twentieth, Twenty-first and
Twenty-third International Conferences of the Red Cross,
reaffirming the duty of the Parties to an armed conflict to renounce the use of
methods or means of warfare that do not make any distinction between combatants
and non-combatants,
drawing attention to the fact that the Red Cross has constantly shown particular
concern about the use and the existence of weapons of mass destruction, which cause
damage without discrimination,
convinced that the Red Cross shall encourage all the efforts leading to
disarmament, but aware that some means of achieving disarmament are subject to
political controversies, taking part in which is prohibited by its principle of neutrality,
1. urges Parties to armed conflicts not to use methods and means of warfare that cannot
be directed against specific military targets and whose effects cannot be limited,
2. fully endorses the appeal launched by the ICRC to Governments participating in
the First Special Session of the United Nations General Assembly on
Disarmament, requesting them in particular to do their utmost to establish the
atmosphere of confidence and security that would allow the deadlock, in which
CHAPTER IV THE MOVEMENT, WEAPONS AND DISARMAMENT 1033

mankind is, to be broken and an agreement on disarmament to be reached above


particular interests. (Manila, 1981, Resolution XIII)

Red Cross and disarmament


The Council of Delegates,
considering that the Red Cross role in promoting disarmament is an inherent
part of its contribution towards true peace, and that its efforts should he integrated
in the general endeavour to attain peace, which the Preamble to the Programme of
Action of the Red Cross as a Factor of Peace defines as a dynamic process of
cooperation among all States and peoples; cooperation founded on freedom,
independence, national sovereignty, equality, respect of human rights, as well as a
fair and equitable distribution of resources to meet the needs of peoples,
recalling that the Programme of Action of the Red Cross as a Factor of Peace,
adopted in Bucharest in 1977, emphasizes that it is the duty of all National
Societies, and of the League and the ICRC, to contribute to disarmament and
support efforts in that direction,
noting that the United Nations have launched a world campaign for
disarmament and asked non-governmental organizations to support it,
defines its position as follows:
1. World campaign for disarmament
The Red Cross, as a pacific, active and efficient i.e. pacifying organization,
should associate itself with this world campaign for disarmament in accordance
with the Red Cross ideal and principles whilst keeping away from inter-State
quarrels and rivalry.
2. The moral authority of the Red Cross
It is the Red Cross ideal, and respect for its principles, that give the Red Cross
moral authority to promote disarmament. This authority is inoperative unless
the Red Cross movement is united; therefore, International Red Cross decisions
in support of disarmament must be adopted by consensus.
3. General attitude
The Red Cross is deeply concerned by the arms race and especially with the
existence of weapons of mass destruction. It ardently desires disarmament and
feels duty-bound to urge governments to take all possible action to achieve it.
It is preparing for the 1986 International Red Cross Conference in that spirit
and at the same time acknowledging the respective competences of
governments and of the Red Cross.
4. Bringing about an atmosphere conducive to disarmament
The Red Cross must do what it can to bring about an atmosphere favourable to
the lessening of tension, as a necessary preliminary to adopting agreements on
disarmament.
1034 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

The following are some of the ways in which such an atmosphere can be
brought about:
1. Actions of human solidarity by the constituent bodies of the International
Red Cross, in conformity with their respective mandates, in aid of victims of
armed conflicts or natural disasters, and activities to promote the
dissemination and respect of international humanitarian law.
2. Urging governments to accede to instruments of international humanitarian
law, and instruments additional thereto, by which they are not yet bound.
3. Efforts to introduce into educational programmes the study of international
humanitarian law and of the Red Cross ideals and principles.
4. Enlisting the support of the public at large for the principles of international
humanitarian law and Red Cross ideals and principles.
5. Information
It is for each National Society to make known in its own country, particularly to
the government, the International Red Cross attitude to disarmament and the
action taken by the International Red Cross to promote disarmament.Where it sees
fit the Society may also make known the action taken by the constituent bodies of
the Red Cross movement to promote disarmament, in accordance with Red Cross
goals and principles and the respective powers and responsibilities of these bodies.
6. Special recommendations
1. A historical study should be made of Red Cross action to promote
disarmament, beginning with the resolutions adopted by the various
constituent bodies of the International Red Cross. The Henry Dunant
Institute might be asked to do this.
2. The creation in universities of chairs of international humanitarian law
should be encouraged.
3. The Second World Red Cross and Red Crescent Conference on Peace
should, when examining the implementation of the above-mentioned
Programme of Action of the Red Cross as a Factor of Peace, attach special
importance to the Red Cross contribution to disarmament.
7. Conclusion
Action by the National Societies, the League and the ICRC to promote
disarmament should be prompted by the above resolution. (Council of Delegates,
Geneva, 1983, Resolution 1)
CHAPTER V THE MOVEMENT AND HUMAN RIGHTS 1035

CHAPTER V

THE MOVEMENT AND HUMAN RIGHTS

See also:
Chap. III above Fundamental guidelines for the contribution of the Red
Cross and Red Crescent Movement to a true peace in the
world (Aaland Stockholm, 1984), p. 1024

War crimes and crimes against humanity


The XXIst International Conference of the Red Cross,
recalling that the respect and defence of human rights and dignity are the basis of
humanitarian Red Cross activities and the aim of humanitarian law, the development
of which is of common concern to the United Nations and the Red Cross,
noting once more that war is the most serious violation of human rights and dignity,
considering that war crimes and crimes against humanity are the most flagrant
breach of human rights and aggravate the plight of war victims,
recognizing that it is the duty of the Red Cross to give support, through its moral
authority and prestige, to measures intended to avoid the recurrence of such crimes,
noting furthermore that the adoption by the XXIIIrd Session of the United Nations
General Assembly in 1968 of the convention on the imprescriptibility of war crimes
and crimes against humanity is an important step in this direction,
requests the Governments of all States to accede to this Convention which is now
inseparable from the system designed to safeguard human rights. (Istanbul, 1969,
Resolution XII)

The International Red Cross and Red Crescent Movement and human rights
The Council of Delegates,
having taken note with interest of the report submitted by the Group of Experts
on Human Rights to the Commission on the Red Cross, Red Crescent and Peace, in
accordance with Decision I of the 1985 Council of Delegates,
1. thanks the Commission as well as the Group of Experts on Human Rights for
their excellent work,
2. accepts the report of the Group of Experts on Human Rights as approved by the
Commission,
3. urges National Societies, the ICRC and the League to do their utmost to
implement the conclusions and recommendations of this report. (Council of
Delegates, Geneva, 1989, Resolution 2)
1036 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

CONCLUSIONS AND RECOMMENDATIONS


OF THE GROUP OF EXPERTS ON HUMAN RIGHTS
Extract from the Final report adopted by the Commission on the Red Cross,
Red Crescent and Peace at its XXVIth Session, April 1989
1. Conclusion
The Movement contributes considerably to the implementation of human
rights. It has done so without always being fully aware of its contributions, but the
analysis of its activities demonstrates that virtually all of them make contributions
to the implementation of human rights. While the Movement is not considered as
a movement for human rights, it can assert without hesitation that it is one of the
most active in implementing these rights.
Recommendation
The Movement should make efforts to increase awareness of the link between
its activities and respect for human rights. This report should be distributed widely
among the components of the Movement to make them aware of this link and to
enable them to explain and demonstrate the role played by the Movement in
fostering respect and concern for human rights.
2. Conclusion
The Movement demonstrates its effectiveness in supporting human rights
essentially through its work, whether this is connected with its role in armed
conflicts, as assigned by international humanitarian law, its operations in the event
of natural disasters, or its activities to assist men and women in need of help in
peacetime, based in every case on its mission and its Fundamental Principles.
Recommendation
The Movement should continue to give the highest priority to direct action to
protect and assist the victims not only of armed conflict and natural and man-
made disasters, but also of indigence and under-development, thereby alleviating
the human suffering which led to the creation of the Movement.
3. Conclusion
The Movements traditional role in relation to international humanitarian law
through dissemination activities and efforts aimed at encouraging the adoption of
conventions or other measures in promoting disarmament is a major contribution
to respect for human rights.
Recommendation
The Movement as a whole should further intensify its activities, in accordance
with the respective spheres of competence of its components, aimed at the
promotion and application of the Geneva Conventions of 12 August 1949 and their
Additional Protocols of 8 June 1977. It should support the adoption of Conventions
or other measures prohibiting or restricting the use of particularly cruel weapons.
CHAPTER V THE MOVEMENT AND HUMAN RIGHTS 1037

4. Conclusion
The Movements activities contributing to human rights are factual confirmation
of the specific roles of each of its components, as expressed by its Statutes. Their
diversity strengthens the whole Movement in its work to foster human rights.
Recommendation
The Movements activities furthering human rights, accomplished through the
efforts of its components, should be reviewed continually, in the appropriate bodies
of the Movement, in order to inform the entire Movement regularly of the work of
each of its components and to consider ways in which the Movements activities
could be expanded, consistent with the Fundamental Principles, to make an
enhanced contribution to human rights.
5. Conclusion
The Movements contributions to peace and to development, respectively,
through its activities in favour of human rights, must be understood as a whole. It
does not appear to be useful to classify the Movements activities contributing to
human rights in order of their greater or lesser contribution to peace or
development. It is important, however, for the Movement to establish its priorities
in this field pursuant to an established policy.
Recommendation
The Movement should contribute to respect for basic human rights, to the cause of
peace and to goals for development, in the knowledge that its efforts in each of these
fields contribute to the furtherance of the others. In particular, care should be taken to
ensure that all development work undertaken respects and enhances human rights.
The priorities in relation to development should be determined by the
Movements competent bodies, taking into account the activities planned by the
National Societies, as deduced from the questionnaire. The part to be played by the
Movement in environmental protection should be studied at the same time.
The Movement should seek appropriate methods to make its position in favour
of peace and disarmament better known.
6. Conclusion
The areas of human rights to which the Movements resolutions make specific
reference are not necessarily those in which the Movement is most active. However,
it should be noted that many resolutions concern activities that contribute to
respect for human rights, without mentioning these rights.
Among the resolutions that specifically mention human rights, the following
subjects are given special emphasis: torture, forced or involuntary disappearances,
racial discrimination, and childrens rights.
In some cases in particular, in combating torture and forced or involuntary
disappearances the ICRC plays a direct role with Governments, with the support
of the National Societies.
1038 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

Concerning the protection of childrens rights, the National Societies occupy a


privileged position in their own countries.
Finally, the Movement as a whole may act as a catalyst in opposing any
infringement of these four groups of human rights.
Recommendation
Without denying that there are many human rights for respect of which further
action by the Movement is feasible and necessary, the Movement as a whole should
become more active in particular against torture, racial discrimination, forced or
involuntary disappearances, and all abusive treatment of children.
Those National Societies that are able to do so should urge their Governments
to improve procedures for monitoring the application of human rights.
The National Societies should also increase their activities directly aimed at
children, not only when they are victims of armed conflicts or natural disasters, but
also when they are suffering from poverty, exploitation or indifference. There
should be greater encouragement to the Societies to incorporate these activities
systematically in their development programmes.

Street children
The Council of Delegates,
deeply alarmed by the phenomenon of street children, their increasing
numbers, the deprivation of their rights, and the abuse, exploitation and neglect
experienced by them,
recognising their needs as one of the most vulnerable groups in society,
reaffirming the long standing concern of the Movement expressed most notably
through Resolution 2 of the 1995 Council of Delegates and Resolution 8.2 of the
1997 Council of Delegates on the plight of street children,
recalling the efforts made by the international community to foster respect for
human rights and in particular the rights of the child through the UN Convention on
the Rights of the Child and Resolution 51/77, Chapter VI of the General Assembly of
the United Nations of 12 December 1996 which focuses on the plight of street children,
aware of the capacities and potential of National Societies to advocate the plight
of street children, to contribute towards the improvement of their situation and to
meet their particular needs,
1. takes note of progress made and the work carried out by the International
Federation and National Societies in compliance with the Council of Delegates
Resolution 8.2 in 1997, and thanks them for the work undertaken;
2. welcomes the establishment of an International Federation Task Force on Street
Children and the preliminary work which has been carried out concerning the
formulation of a Plan of Action, and recognises the need to reinforce these
activities;
CHAPTER V THE MOVEMENT AND HUMAN RIGHTS 1039

3. urges National Societies, as part of their action to improve the situation of the
most vulnerable, to initiate, or to become more involved in street childrens
programmes, and to focus their work on long-term strategies, including
advocacy and prevention, leading to concrete and sustainable improvement in
the health and social situation of street children;
4. urges National Societies to carry out such activities emphasizing the principle of
child participation and the need for effective collaboration within and outside
the International Red Cross and Red Crescent Movement;
5. requests National Societies to actively support the Task Force on Street Children
through the provision of the funding necessary for the continuation of its work
and by providing substantive input and ideas for the development of a plan of
action;
6. requests the International Federation to continue to co-ordinate the work of the
Task Force in developing and implementing the plan of action. (Council of
Delegates, Geneva, 1999, Resolution 9)
1040 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

CHAPTER VI

THE MOVEMENT AND MAJOR CHALLENGES


OF THE 21st CENTURY

Together for humanity

The 30th International Conference of the Red Cross and Red Crescent,
taking account of the views expressed during the Conference on the
humanitarian consequences of major challenges facing the world today,
welcoming the many pledges made by members and observers of the
Conference in response to these humanitarian challenges,
taking note with appreciation of the measures taken by States and the
components of the International Red Cross and Red Crescent Movement1 to
implement the 2003 Agenda for Humanitarian Action, Declaration Protecting
human dignity and pledges as requested in Resolution 1 of the 28th International
Conference, and welcoming the follow-up report prepared by the ICRC and the
International Federation on progress made,
1. adopts the Declaration Together for humanity of the 30th International
Conference;
2. encourages all members of the Conference, in accordance with their respective
powers, mandates and capacities, to work together to alleviate the suffering
caused by the humanitarian consequences of the challenges outlined in the
Declaration;
3. urges all members of the Conference to include the resolutions adopted and
their pledges made at the Conference in their efforts to optimize interaction and
partnerships amongst themselves and together with other actors at the
international, regional and local levels;
4. invites all members of the Conference to keep the ICRC and the International
Federation informed of actions taken and progress made with respect to the
implementation of the Declaration and the resolutions of the Conference as well
as of their pledges;
5. requests the ICRC and the International Federation to report to the 31st
International Conference on the follow up by Conference members to the
resolutions and pledges of this Conference;

1 The International Red Cross and Red Crescent Movement is composed of the International Committee
of the Red Cross (ICRC), the National Red Cross and Red Crescent Societies (National Societies) and the
International Federation of Red Cross and Red Crescent Societies (International Federation). Throughout
this document, the term Movement covers all the aforementioned components.
CHAPTER VI THE MOVEMENT AND MAJOR CHALLENGES 1041

6. welcomes the adoption by the Movement of its Restoring Family Links Strategy
(2008-2018) in Resolution 4 of the 2007 Council of Delegates and calls upon
State authorities to continue their support for the activities of the components
of the Movement in the field of restoring family links, particularly by
strengthening National Societies capacities, in conformity with their role and
mandate;
7. notes that the International Federation has circulated its Global Health and Care
Strategy 2006-2010 to member States and National Societies within the
framework of the World Health Assembly and on other occasions, and expects
that this document will add value to partnerships aimed at meeting public-
health challenges, including those identified at this Conference;
8. thanks the ICRC for its comprehensive work on the study on customary
international humanitarian law and for initiating, with the British Red Cross,
the updating of the practice volume of the study;
9. expresses its appreciation to the ICRC for its report on International
Humanitarian Law and the Challenges of Contemporary Armed Conflicts, and
invites it to continue to analyse current and emerging challenges, to generate
reflection and to conduct broad consultations on the issues identified;
10. urges all members of the Conference to continue and intensify their efforts to
implement the 2003 Agenda for Humanitarian Action as a relevant and
comprehensive framework for action to address:
the suffering caused by family separation and the persistent tragedy of
persons missing in connection with armed conflict or other situations of
armed violence;
the human costs of the uncontrolled availability and misuse of weapons in
armed conflicts;
the risk and impact of disasters and the improvement of preparedness and
response mechanisms;
the risk and impact of HIV and other infectious diseases in relation to
vulnerable people. (Geneva, 2007, Resolution 1)
1042 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

Annex to Resolution 1
Declaration: Together for humanity
Gathered in Geneva for the 30th International Conference of the Red Cross and
Red Crescent, we, the members of this Conference, have focused on the
humanitarian consequences of four great challenges facing the world today which
affect the individual and specifically the most vulnerable people:
environmental degradation and climate change;
humanitarian concerns generated by international migration;
violence, in particular in urban settings;
emergent and recurrent diseases and other public-health challenges, such as
access to health care.
The global scale of each of these challenges requires a collective response as it
exceeds the coping capacity of individual States or humanitarian organizations. In
addressing the humanitarian consequences of those challenges, and in the spirit of
the slogan of this Conference, Together for humanity, we need to intensify
operational interaction and partnerships among ourselves, and with other
institutions e.g. intergovernmental, supranational, non-governmental, academic
as well as with the media and the private sector. For the components of the
International Red Cross and Red Crescent Movement (Movement) this must be done
in accordance with the Fundamental Principles and policies of the Movement.

Humanitarian consequences of environmental degradation and


climate change
We are deeply concerned that people everywhere, especially the poorest of the
poor, face an increased burden due to the rise in disasters and the scarcity of
resources induced by multiple factors, such as environmental degradation and
climate change, which contribute to poverty, migration, health risks and an
aggravated risk of violence and conflict.
We are resolved to work with partners to raise awareness of these serious
humanitarian concerns, including their causes, and to provide humanitarian
assistance to the most vulnerable people, in particular those in affected developing
countries.
We will capitalize on the community base of National Societies to decrease the
vulnerability of communities where environmental hazards and degradation are
severe and adaptive capacity is low.
We reaffirm that preparedness for disaster is a key element in the management
of response, and we will seek to improve individual and collective capacity to
respond swiftly to humanitarian challenges induced by environmental degradation
and climate change.
We are resolved to ensure that environmental degradation and adaptation to
climate change are integrated, where relevant, in disaster-risk-reduction and
CHAPTER VI THE MOVEMENT AND MAJOR CHALLENGES 1043

disaster-management policies and plans. We will seek to mobilize the necessary


human and financial resources to implement them, giving priority to actions for
the most vulnerable people.
We acknowledge the commitment of States to the United Nations Framework
Convention on Climate Change (UNFCCC) as the core mechanism for addressing
climate change at the global level, and we affirm that aspects of the Movements
work support and complement elements of the UNFCCC.

Humanitarian concerns generated by international migration


While acknowledging the many benefits of international migration as well as its
complex and multifaceted nature, we recognize that migration may generate issues
of humanitarian concern in all regions of the world. We are particularly concerned
that migrants, irrespective of their status, may live outside conventional health,
social and legal systems and for a variety of reasons may not have access to
processes which guarantee respect for their fundamental rights.
We reaffirm the importance of examining ways and means to reinforce
international cooperation at all levels to address the humanitarian concerns
generated by international migration.
We acknowledge the role of governments, within the framework of national laws
and international law, especially international human rights law, refugee law and
international humanitarian law, to address the humanitarian needs of persons
negatively affected by migration, including families and communities, and to take
effective measures. We are deeply concerned by all forms of human trafficking and
exploitation, in particular those involving children and women, and we acknowledge
the role of governments in preventing such practices, in providing protection and
assistance to all victims of such practices and in ensuring respect for the national and
international instruments prohibiting them. We also acknowledge the role of the
International Red Cross and Red Crescent Movement in this respect.
When addressing the humanitarian needs of persons negatively affected by
migration, particularly migrants and members of their families, in their countries
of origin, transit and destination, we take into account, where relevant, the
considerable experience of the Red Cross and Red Crescent with respect to:
(a) Humanitarian assistance: e.g. providing food, shelter, clothing, health care,
first aid, psycho-social support, etc.
(b) Protection: e.g. restoring family links, legal and administrative advice, acting
against exploitation and deception, providing information on the risks of
irregular migration, visiting migrants in detention with a view to helping
improve their detention conditions and their treatment when necessary.
(c) Advocacy: bringing a humanitarian perspective to policy decisions,
combating racism, xenophobia and discrimination, promoting international
norms in that respect.
1044 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

(d)Integration and reintegration: e.g. reception services, fostering social


participation and solidarity (e.g. as Red Cross and Red Crescent volunteers).
(e) Human dignity: promoting respect for human dignity.
Taking into account the negative consequences of large-scale influxes resulting
from humanitarian crises, international actors should consider the needs of host-
country communities.
We acknowledge the role of National Societies, based on the principles of
humanity and impartiality, and in consultation with public authorities, in
providing humanitarian assistance to vulnerable migrants, irrespective of their
legal status.

Violence, in particular in urban settings


We recognize that violence is a leading cause of preventable death, injury and
human suffering worldwide. Violence in urban areas poses a particular challenge,
where problems are often aggravated by rapidly growing populations, poverty and
economic inequalities, unemployment, social exclusion and marginalization,
insufficient public security and services, and the easy availability of drugs and
weapons.
We acknowledge that States are responsible for providing safety and ensuring
adequate care and support for the victims of violence, to the extent feasible, and for
the creation of policies and legal frameworks which aim to prevent and mitigate
violence. Such policies and frameworks may also need to address cases of urban
armed violence between organized groups.
We are resolved to work together to develop at all levels comprehensive
violence-prevention and reduction programmes in order to build safer
communities through practical measures that take into account social and
economic development objectives, and to facilitate the rehabilitation of youth
affected by violence in order to reduce their alienation and radicalization and
reduce their vulnerability to drugs and crime. We will intensify efforts to mobilize
community respect for diversity and action against racism, discrimination,
xenophobia, marginalization and other forms of exclusion, faced by all vulnerable
groups, also empowering volunteers and youth in humanitarian activities to
prevent, defuse or mitigate violence, particularly in urban settings, basing ourselves
on the considerable experience of National Societies.

Emergent and recurrent diseases and other public health challenges


We recognize that HIV, pandemic influenza, tuberculosis, malaria and other
communicable diseases as well as other public-health threats endanger individuals
and communities everywhere in the world, and particularly women and children.
We also note the disproportionate impact of HIV, tuberculosis and malaria on
CHAPTER VI THE MOVEMENT AND MAJOR CHALLENGES 1045

communities in Sub-Saharan Africa. The decline in capacity of the public-health


infrastructure in many countries and in its ability to cope, as well as demographic
change, water and sanitation shortcomings, food insecurity and poor nutrition and
their consequences for increased morbidity and mortality have also exacerbated
these threats, with a particular impact on the poorest of the poor.
We stress the need to strengthen health systems and develop national health
plans with the involvement of National Societies, and to include the empowerment
of volunteers and affected groups to ensure that programming and its
implementation reach all affected and vulnerable populations such as people
living with HIV, drug users, communities exposed to the threat of emergent and
recurrent diseases, victims of sexual exploitation and human trafficking and other
forms of violence, prisoners and former prisoners and orphaned children.
We acknowledge the need for these vulnerable people to have access, without
discrimination, to prevention, health promotion and curative care as well as to
essential medicines, vaccines and other health-care products. Access to safe blood
through voluntary non-remunerated blood donation is and will remain an
essential public-health objective.
We also stress the importance for medical services to have access to any
individual in need, on the basis of accepted domestic and international norms and
regardless of his/her legal status, and the importance for such services to enjoy the
necessary protection.
We are resolved to include public health as an integral part of effective disaster
management (comprising public health, water and sanitation, epidemic control
and public-health emergencies).
We recognize that a comprehensive public-health approach must address the
issue of tuberculosis, HIV and other health threats in prisons, including the
necessary follow up of former prisoners.

In responding to all of these challenges, we will:


take into consideration the varying capacities of States and National Societies;
strengthen our operational capacity and resources accordingly;
optimize the role of National Societies as auxiliaries to the public authorities at
all levels in the humanitarian field;
capitalize on the community and volunteer base (particularly the youth) of
National Societies to influence positively and act upon vulnerable communities
from within, particularly in situations beyond the reach of the public authorities;
take into account considerations of diversity;
ensure that gender considerations are mainstreamed into all programmes and
activities;
learn from the experiences and best practices worldwide of the various
components of the Movement;
1046 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

promote knowledge of and respect for the relevant provisions of international


law, including international humanitarian law, international human rights law
and refugee law;
build on the unique ability of the components of the Movement, in acting at all
times in accordance with the Fundamental Principles, to gain the confidence of
all in order to have access to those in need;
intensify and coordinate operational interaction and partnerships among
ourselves, the members of this Conference, and with other institutions,
whenever there is a clear benefit for the victims and the most vulnerable people.
Our work together needs to be measurable, with transparency accompanying
action at the national level and through sharing best practices and experiences. The
International Federation and the ICRC agree to support National Societies in their
work, including through representation of their interests and concerns at the
international level, and will provide the necessary knowledge-sharing mechanisms
to facilitate these tasks.

International Migration

Background report
This report provides background for a draft resolution on international
migration proposed for adoption by the 2007 Council of Delegates.
The components of the International Red Cross and Red Crescent Movement
(Movement) have been providing assistance and protection to uprooted
populations since the origins of the Movement. The topic has already been raised
on a number of occasions at the International Conference of the Red Cross and Red
Crescent (Resolution XXI, Manila 1981; Resolution XVII, Geneva 1986, Resolution
4A, Geneva 1995 and Goal 2.3 of the Plan of Action of the 27th International
Conference, Geneva 1999) as well as in the Council of Delegates (Resolution 9,
Budapest 1991, Resolution 7, Birmingham 1993 and Resolution 4, Geneva 2001,
Resolution 10, Geneva 2003).
However, feedback from the different components of the Movement shows that
these statutory decisions do not always provide sufficient guidance for the
Movement in its work to address the plight of persons in need of assistance and
protection in the course of their migratory movements. The decisions mainly cover
asylum-seekers, refugees, displaced persons and returnees and to a lesser extent
people moving due to reasons other than persecution or armed conflict.
During the last decades an increasing number of people are leaving their home
countries for social, economic and environmental reasons. Many of these people
find themselves in situations where they are in urgent need of humanitarian
assistance and protection. Many components of the Movement have taken the
needs of vulnerable migrants (especially irregular migrants) to heart and provide
CHAPTER VI THE MOVEMENT AND MAJOR CHALLENGES 1047

assistance on a regular basis. The response varies from country to country


depending on the different mandates of the Movement components and the
specific domestic context. Until now such assistance has not been guided by a
statutory commitment of all the components of the Movement.
The recent Regional Conferences of the Federation the 7th European
Regional Conference (20-24 May 2007, in Istanbul, Turkey) and the XVIIIth
Inter-American Conference (4-7 June 2007, in Guayaquil, Ecuador), as well as the
Xth Mediterranean Conference (27-31 March 2007, in Athens, Greece), placed
migration at the centre of their discussions and reaffirmed their commitment to
alleviate the plight of vulnerable migrants.
The Red Cross and Red Crescent Movement has already developed activities in
support of people in the different stages of the migratory cycle in source, transit,
and destination countries, in the following fields:
1. The Red Cross and Red Crescent National Societies play a role as humanitarian
actors in the field of migration, i.e., as auxiliary to the government with respect to
the humanitarian consequences, or through the provision of services under a
contract. The response to vulnerability and needs among migrants should,
depending on domestic contexts, take into account actions in the following fields:
Humanitarian assistance: e.g. providing food, shelter, clothing, health care,
first aid, psycho-social support;
Protection: e.g. restoring family links, legal and administrative advice,
acting against exploitation and deception, information on the risks of
irregular migration, monitoring of detention conditions and treatment;
Integration/re-integration: e.g. reception services, helping migrants to get
included in labour markets; fostering social participation and solidarity
(e.g. as RC volunteers).
Advocacy: providing the humanitarian perspective to policy decisions,
combating racism, xenophobia and discrimination; promoting
international norms protecting migrants.
2. The role of the International Federation is to support and assist National
Societies to improve the lives of vulnerable people, which in the context of
migration includes all vulnerable migrants, regardless of their legal status. The
Federation is responsible for support to National Societies in their efforts to
enhance and build capacity in order to respond to needs of people affected by the
migratory process; facilitate knowledge-sharing between National Societies and
different Movement components; promote greater cooperation for activities in
favour of migrants and returnees in countries of origin, transit and destination;
and strengthening partnerships with external actors working in this field.
3. In general, the role of the ICRC with regard to migrants complements that of
National Societies and the International Federation. During armed conflict,
migrants are protected by International Humanitarian Law (IHL) as civilians,
as is the case with persons internally displaced by such a conflict. The ICRC
1048 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

addresses their needs according to their particular vulnerability if any. In other


situations of violence, the ICRC may offer its services to help migrants. The
ICRC also has a specific role and expertise in the field of protection. In
particular, in its role as coordinator and technical adviser in the field of
restoring family links, the ICRC can provide technical services to National
Societies on matters including disappearances of migrants during journeys and
the management of human remains. It can also orient and advise National
Societies wishing to engage in activities in favour of detained migrants or any
other protection issue.
The International Federation has acted upon the request of the regional
conferences in Istanbul and Guayaquil by including migration as a separate agenda
item of its General Assembly (2007) which is expected to task its Governing Board to
develop a Federation policy on Migration, benefiting from the expertise of the ICRC
in relevant fields. The ICRC has also increased its involvement on migration issues,
be it in its operations in some countries or through counselling and support to other
Movement partners. The Federation, with the support of the ICRC, has produced a
background paper on migration for the purpose of the General Assembly.
Furthermore, the Restoring Family Links Strategy for the International Red
Cross and Red Crescent Movement and related background documentation,
prepared by the ICRC for the purpose of the Council of Delegates 2007, is also
relevant for the discussions relating to the migration issue.
The outcome of such discussions at the upcoming Council of Delegates should
further strengthen the ability and commitment of all the components of the
Movement to achieve our common objective: to ensure that migrants who are left
without any suitable form of protection and assistance receive the help they need,
regardless of their status, thus preserving their lives, health, and dignity.

International Migration

The Council of Delegates,


recalling and reaffirming the resolutions on topics relating to migration adopted
by the International Conference of the Red Cross and Red Crescent (Resolution
XXI, Manila, 1981; Resolution XVII, Geneva, 1986; Resolution 4A, Geneva 1995;
and Goal 2.3 of the Plan of Action of the 27th International Conference, Geneva,
1999) and the resolutions adopted by the Council of Delegates (Resolution 9,
Budapest, 1991; Resolution 7, Birmingham, 1993; and Resolution 4, Geneva, 2001),
taking into account the respective roles and mandates of the different
components of the International Red Cross and Red Crescent Movement
(Movement) as outlined in the Statutes of the Movement and the Seville Agreement
and as inspired by the Movements Fundamental Principles,
CHAPTER VI THE MOVEMENT AND MAJOR CHALLENGES 1049

1. recognizes that migration is a multifaceted and complex global issue, which


today affects every country in the world;
2. calls upon the components of the Movement to seek to give more prominence
to the humanitarian consequences of migration at international, regional,
national and local levels;
3. welcomes the decision by the General Assembly of the International Federation
of Red Cross and Red Crescent Societies (International Federation) to develop
a policy on migration for National Societies,1 noting that it will benefit from the
specific role, experience, and expertise of the ICRC in restoring family links and
other protection issues, in particular regarding persons deprived of their
liberty, and requests the Federation to report back on this at the next Council of
Delegates in 2009;
4. takes into account previous resolutions on restoring family links and its
relevance to the field of migration;
5. requests the ICRC, in close consultation with the International Federation and
National Societies, to develop guidelines for National Societies working or
wishing to work in places where migrants are being detained, basing itself on
the work already initiated by the ICRC and several National Societies in this
respect, and to report back on this to the next Council of Delegates in 2009;
6. endorses the general orientations described in the background note concerning
the respective roles of the different components of the Movement in the field of
cross-border migration;
7. requests the ICRC and the International Federation, in accordance with their
respective mandates, to support the efforts of National Societies to gain access
and provide impartial humanitarian services to migrants in need, regardless of
their status, and to do so without being penalized for such action;
8. invites National Societies to utilize their capacity as auxiliaries to the public
authorities in the humanitarian field to engage in a dialogue with their public
authorities to clarify their respective roles relating to the humanitarian
consequences of migration, noting that while acting in an auxiliary capacity
National Societies will be in a position to base their services strictly on
vulnerabilities and humanitarian needs and maintain their independence and
impartiality at all times;
9. calls upon the different components of the Movement, in accordance with their
respective mandates, to promote in this context respect for international law,
including international human rights law, refugee law and international
humanitarian law;

1 In 2003 the International Federation adopted a Policy on Refugees and other Displaced People.
However, feedback from National Societies shows that this policy does not provide them with sufficient guid-
ance in their work to address the plight of persons made vulnerable as a consequence of migration.
1050 SECTION I BASIS FOR AND PRINCIPLES OF THE MOVEMENT

10. requests the various components of the Movement, in conformity with their
respective mandates, to cooperate in the development of advocacy strategies
addressing the humanitarian consequences of migration;
11. requests the International Federation, National Societies and the ICRC, in
accordance with their respective mandates, to cooperate closely and coordinate
within and beyond the Movement to support the provision of the necessary
services and protection to vulnerable persons throughout the entire migratory
cycle, including return and reintegration. (Geneva, 2007, Resolution 5)
SECTION II

INTERNATIONAL ORGANIZATION OF THE MOVEMENT

CHAPTER I

INTERNATIONAL CONFERENCE
OF THE RED CROSS AND RED CRESCENT

See also:
Part Two
Doc. II and III Statutes and Rules of Procedure of the International
Red Cross and Red Crescent Movement.
Doc. VII Agreement on the organization of the international
activities of the components of the International Red
Cross and Red Crescent Movement and Supplementary
measures to enhance the implementation of the Seville
Agreement
Part Three
Section III Organization of National Societies and their relations
with actors outside the Movement

Strengthening of the constitutive organs of the International Red Cross


The XVIIth International Red Cross Conference,
recommends that one of the two members representing the International
Committee of the Red Cross and one of the two members representing the League of
Red Cross Societies on the Standing Commission of the International Red Cross
Conference be always respectively the President of the International Committee of the
Red Cross and the Chairman of the Board of Governors of the League of Red Cross
Societies,
considers that it is the function of the Standing Commission of the International
Red Cross Conference, acting in the spirit of Article I of the Statutes of the
International Red Cross during the periods between the meetings of the International
Conference, to coordinate and harmonize the work of the International Committee of
the Red Cross and that of the League of Red Cross Societies,
recommends that the Standing Commission meet regularly at least twice a year, that
its activities be not confined to arbitrating differences arising from interpretation of the
Statutes and to making preparations for the next International Conference, but that, in
order to carry out in the period between the Conferences the latters functions of
coordinating and harmonizing the work of the National Societies, of the International
1052 SECTION II INTERNATIONAL ORGANIZATION OF THE MOVEMENT

Committee of the Red Cross and of the League of Red Cross Societies, the Standing
Commission examine if necessary all questions common to these two latter bodies and
which demand their cooperation, and take such measures as the circumstances may
demand, subject to their being subsequently referred to the next International
Conference. Notwithstanding, it shall be clearly understood that the right of initiative,
in their respective fields of activity, of the different bodies of the International Red Cross
shall, in all cases, be strictly safeguarded. Any questions brought to the knowledge of the
Standing Commission, or raised in the monthly meetings to be held from now on in
Geneva between the officers of the Secretariats of the International Committee of the
Red Cross and the League of Red Cross Societies, and any matters resulting from world
events, may be laid before the Standing Commission,
recommends that the Standing Commission authorize the three Presidents, who
are among its members, i.e. the Chairman of the Standing Commission itself, the
President of the International Committee of the Red Cross and the Chairman of the
Board of Governors of the League of Red Cross Societies, or failing them, deputies
already appointed by each of them, to consult or meet in cases of emergency, to take
whatever measures may be required. In any case, the Presidents should meet at least
once between the biannual sessions of the Standing Commission and, furthermore,
meet or consult whenever one of them shall make a request to this effect. The officers
of the Secretariats of the International Committee of the Red Cross and the League of
Red Cross Societies, who confer every month in Geneva, shall act as secretaries to the
Presidents meeting and shall submit to it all questions, apart from those resulting from
outside events, which may have been examined by them jointly, or brought up by any
National Society. The Presidents shall report on the measures which they may have
been led to take to the following meeting of the Standing Commission,
considers that it is for the Standing Commission itself which, in accordance with its
Statutes, shall fix its own procedure, to decide as to the creation of the post of Secretary
of the Standing Commission. (Stockholm, 1948, Resolution XIII)

Invitation procedure for Red Cross Conferences


The XIXth International Red Cross Conference,
having taken note of the invitations issued, according to the Statutes of the
International Red Cross, by the Standing Commission, to Governments parties to the
Geneva Conventions, to the Red Cross Societies and international organizations of the
Red Cross, as well as to other organizations,
having noted also the observations made, at its first meeting, on the subject of these
invitations,
expresses its thanks to the Standing Commission for the work which it has
accomplished,
reaffirms the general principle that the National Society which offers its hospitality
to an international Conference acts in accordance with the Statutes in transmitting the
invitations merely as an intermediary and that, therefore, all members must refrain
from addressing themselves in this matter to the inviting National Society as such,
CHAPTER I
INTERNATIONAL CONFERENCE OF
THE RED CROSS AND RED CRESCENT 1053

desires that, also in future, the invitations to all International Conferences of the
Red Cross be issued in a spirit of broad universality and include in the interest of
humanitarian law, all Governments exercising authority over territories where the
Geneva Conventions are applicable, this regardless of whether these Governments
enjoy recognition by other signatories,
underlines that, in the field of the Red Cross, the criteria of recognition customary
in the intercourse between States do not apply, and that consequently the decisions
regarding the invitations to Red Cross Conferences do not and cannot set a precedent
in other fields. (New Delhi, 1957, Resolution XXXV)

Invitation to Red Cross Conferences


The XIXth International Red Cross Conference,
having in mind the report of the Chairman of the Standing Commission,
confirming the statement of the Chairman of the Standing Commission that the Red
Cross is not concerned with juridical and political questions regarding the status of
Governments,
resolves in accordance with the traditional Principles of the Red Cross that it is the
sense of the Conference that all Governments invited to attend the Conference be
addressed according to their own official titles. (New Delhi, 1957, Resolution XXXVI)

Participation of authorized delegations


in the international meetings of the Red Cross
The Board of Governors,
wishing to call attention to the need to respect the principles of universality and
non-discrimination of the International Red Cross,
recalling, in particular, Resolution No. 25 of the 87th Session of the Executive
Committee (Geneva, 1968), which requires: Countries submitting invitations for
Red Cross or Regional Conferences and Meetings to deposit with the Standing
Commission or the League, as the case may be, the firm assurances of their
Governments that all duly authorized delegations will be permitted to attend
without impediment or discrimination. In the absence of such assurances, the
invitation of the Society concerned will not be considered to be a valid invitation,
expressing their unshakable determination to guarantee full and unrestricted
acceptance of these principles as well as their implementation,
calls upon all Societies issuing invitations to international conferences and
meetings to comply with these principles,
requests the representatives of the League to the Standing Commission of the
International Red Cross to ensure that the Standing Commission does not accept
an invitation from a National Society which has not given the necessary assurances.
(Board of Governors, XXXIst Session, Mexico, 1971. Resolution 3)
1054 SECTION II INTERNATIONAL ORGANIZATION OF THE MOVEMENT

Appeal to the governments


The Council of Delegates,
expressing the views of the components of the International Red Cross and Red
Crescent Movement meeting in Budapest,
concerned by the Movements inability to hold the 26th International
Conference, which was to have brought together the Movements various
components and the governments of States party to the Geneva Conventions,
considering that, as a result, the development of international humanitarian law,
to which the Movement makes an essential contribution, has been set back,
aware that this state of affairs was brought about by the introduction of political
issues and concerns that do not come within its purview and which are foreign to
the ideals, principles and activities of the Movement,
anxious to maintain the independence of National Societies and other
components of the Movement by not involving them in issues which are not within
their competence,
pointing out that whereas neutrality enables States to abstain, it allows the Red
Cross and Red Crescent to act,
requests governments and other political entities to make sure that their future
relations with Red Cross and Red Crescent bodies do not jeopardize the latters
compliance with the principles of impartiality and neutrality, with a view to
enabling the 26th International Conference to meet as soon as possible in order to
advance and develop international humanitarian law. (Council of Delegates,
Budapest, 1991, Resolution 2)

CHAPTER II

INTERNATIONAL COMMITTEE OF THE RED CROSS

See also:
Part Two
Doc. I Statutes of the Movement, Art. 5
Doc. IV Statutes of the International Committee of the Red Cross

International organization of the Red Cross


The Xth International Red Cross Conference,
recognizing the eminent services of the International Committee of the Red Cross
in time of war and in time of peace, decides to maintain the existing organization of
the Committee and confirms the mandates given to it by the previous Conferences,
especially those referring to the accession of further States to the Geneva Convention,
the recognition of new Red Cross Societies, the editing of the Bulletin international de
CHAPTER III
INTERNATIONAL FEDERATION OF RED CROSS
AND RED CRESCENT SOCIETIES 1055

la Croix-Rouge, the communication of Resolutions of the International Conferences


and the administration of special funds with which it has been entrusted.
It invites the Committee to continue its supervision to ensure respect for the
Geneva Convention and to intervene whenever necessary to ensure that its principles
are applied.
The Conference approves the activity of the International Committee in
peacetime. It recognizes the Committee as the guardian and propagator of the
fundamental, moral and legal principles of the organization and appoints it to watch
over their dissemination and application throughout the world. (Geneva, 1921,
Resolution XVI, para. 3)

CHAPTER III

INTERNATIONAL FEDERATION OF RED CROSS


AND RED CRESCENT SOCIETIES

See also:
Part Two
Doc. II Statutes of the Movement, Art. 6
Doc. V and VI Constitution and Rules of Procedure of the International
Federation of Red Cross and Red Crescent Societies
Part Three
Section III, Chap. I Strategy 2010 To improve the lives of vulnerable
people by mobilizing the power of humanity

Proposals1
We are assembled at the invitation of the Committee of Red Cross Societies to
assist in the task for which that Committee was constituted, namely: To formulate
and propose to the Red Cross societies of the world an extended programme of Red
Cross activities in the interest of humanity. In addressing ourselves to this task we
desire to express our belief that while every measure should be taken to repair the
ravages of war and to prevent all wars, it is no less important that the world should
address itself to the prevention and amelioration of those ever present tragedies of
unnecessary sickness and death which occur in the homes of all peoples.
This worldwide prevalence of disease and suffering is in considerable measure
due to causes which science has not yet disclosed, but a great part of it is due to
widespread ignorance and lack of application of well-established facts and
methods capable either of largely restricting disease or of preventing it altogether.

1 Heading added by the editor.


1056 SECTION II INTERNATIONAL ORGANIZATION OF THE MOVEMENT

It is clear that it is most important to the future progress and security of


civilization that intelligent steps be taken to instruct the peoples of the world in the
observance of those principles and practices, which will contribute to their health
and welfare.
In the accomplishment of these great aims it is of supreme consequence that the
results of the studies and researches of science should be made available to the
whole world; that high standards of practice and proficiency in the prevention of
disease and preservation of health should be promoted and supported by an
intelligent and educated public opinion; and that effective measures should be
taken in every country to secure the utmost cooperation between the people at
large and all well directed agencies engaged in the promotion of health.
We have carefully considered the general purpose of the Committee of Red
Cross Societies, whereby it is proposed to utilize a central organization which shall
stimulate and coordinate the voluntary efforts of the peoples of the world through
their respective Red Cross Societies; which shall assist in promoting the
development of sound measures for public health and sanitation, the welfare of
children and mothers, the education and training of nurses, the control of
tuberculosis, venereal diseases, malaria, and other infectious and preventable
diseases; and which shall endeavour to spread the light of science and the warmth
of human sympathy into every corner of the world and shall invoke in behalf of the
broadest humanity not alone the results of science but the daily efforts of men and
women of every country, every religion, and every race.
We believe that the plans now being developed should at the earliest practicable
moment be put into effect and placed at the disposal of the world. In no way can
this be done so effectively as through the agency of the Red Cross, hitherto largely
representing a movement for ameliorating the conditions of war but now
surrounded by a new sentiment and the wide support and confidence of the
peoples of the world equipping it to promote effective measures for human
betterment under conditions of peace.
We are confident that this movement, assured as it is at the outset of the moral
support of civilization, has in it great possibilities of adding immeasurably to the
happiness and welfare of mankind. (Proposals of the Medical Conference
convened by the Committee of Red Cross Societies of France, Great Britain, Italy,
Japan and the United States, Cannes, 1919)
CHAPTER IV NATIONAL SOCIETIES 1057

CHAPTER IV

NATIONAL SOCIETIES

A. Creation, organization, recognition and admission


See also:
Part Two
Doc. II Statutes of the Movement, Arts 3 and 4
Doc. IV Statutes of the ICRC, Art. 4, para. I b)
Doc. V Constitution of the Federation, Arts 4-7
Part Three
Section III Organization of National Societies and their relations
with actors outside he Movement
Chapter I Organization
- Guidance for National Societies Statutes
- Characteristics of a well-functioning National Society
- Policy on the protection of integrity of National Societies
Chapter II Relations between National Societies and their public
authorities

Organization and duties of National Societies1


The General Council of the League of Red Cross Societies,
whereas under Article 25 of the League of Nations Charter the members of the
League agree to encourage the establishment and cooperation of duly authorized
voluntary Red Cross organizations having as purposes the improvement of health,
the prevention of disease and the mitigation of suffering throughout the world,
whereas the League of Red Cross Societies has been founded to aid in the
accomplishment of such purposes,
has unanimously adopted, in the form of Resolutions, the following
Recommendations:
1. That widespread and popular membership in a National Red Cross Society is
the necessary condition of success in its peacetime programme.
2. That a National Red Cross Society should endeavour to cover the expenses of
administration and of its normal activities by membership dues and the income
of permanent investments.

1 Heading added by the editor.


1058 SECTION II INTERNATIONAL ORGANIZATION OF THE MOVEMENT

3. That the members of a National Red Cross Society should be afforded suitable
opportunities to render definite services for public welfare in their respective
localities.
4. That a National Red Cross Society should organize the youth of its country for
Red Cross service.
5. That a National Red Cross Society should assist in relief operations in the event
of national disaster and should always be prepared to take prompt and effective
action.
6. That the League of Red Cross Societies should maintain for the member
Societies a rapid service of information regarding calamities and disasters, in
order to ensure the immediate mobilization of every possible form of
assistance, and that effective communication should be established with
meteorological and seismological stations throughout the world.
7. That the three principal duties of the National Red Cross Society in the field of
health service should be:
a) to stimulate and maintain interest in public health work;
b) to support and, if need be, supplement the work of Government agencies;
c) to disseminate useful knowledge concerning health through demonstration,
education or otherwise.
8. That a National Red Cross Society should employ properly qualified persons to
direct its health service and make suitable arrangements for training its non-
professional workers.
9. That a National Red Cross Society should endeavour to secure the cooperation and
coordination of voluntary organizations engaged in any work similar to that which
it may undertake. (General Council, Ist Session, Geneva, 1920, Resolution 2)

Creation of National Societies in countries where none exists1


The General Council recommends that the League Secretariat undertake
suitable measures to stimulate the creation of Red Cross Societies in countries
where none at present exist, and to assist existing unrecognized Societies, with a
view to securing their recognition by the International Committee of the Red Cross
and their subsequent admission into the League. (General Council, IInd Session,
Geneva, 1922, Resolution 6, para. 2)

Recognition of National Societies


The XVIIth International Red Cross Conference,
approves the policy followed by the International Committee of the Red Cross,
firstly, in postponing all recognition of National Societies for the duration of the war,

1 Heading added by the editor.


CHAPTER IV NATIONAL SOCIETIES 1059

and until the international situation had again become normal and, secondly, in
maintaining the de facto relations necessary for the accomplishment of its
humanitarian tasks, with all Red Cross Societies or groups, whether recognized or not,
expresses its approval of the only exceptions made by the International Committee
of the Red Cross to the principle of postponing further recognitions in time of war,
namely, as regards the Red Cross Societies of Eire and Liechtenstein since these were
formed independently of any situation connected with a state of war,
approves the International Committee of the Red Cross in having considered,
immediately upon cessation of hostilities, that National Societies which had
returned to their liberated and independent territory and were recognized by their
Government, which had itself returned to its own soil should benefit by the
recognition granted by the International Committee of the Red Cross before hostilities,
subject only to their Articles of Association still conforming to the conditions for
recognition. (Stockholm, 1948, Resolution XII)

Review of statutes of National Societies


The XXIInd International Conference of the Red Cross,
considering that National Societies are recognized by the ICRC and admitted to
the League after verification that their statutes fulfil the conditions for recognition and
admission, as laid down by international meetings of the Red Cross,
considering that National Societies shall always comply with the basic principles of
the Red Cross movement in order to retain valid membership of the International Red
Cross,
considering further that if the statutes of a National Society cease to be in
conformity with the conditions for recognition and admission, that Society would lay
itself open to question,
decides that any Society wishing to change its statutes on points relating to the
conditions for recognition and admission will submit such changes to the ICRC and
the League, and will take their recommendations into account. (Teheran, 1973,
Resolution VI)

Joint Commission for National Society statutes


The XXIVth International Conference of the Red Cross,
having taken cognizance of the report of the Joint Commission set up by the ICRC
and the League to examine National Society statutes,
acknowledging the cooperation established between the two international Red Cross
institutions to watch over the application and constant observance of the rules
governing the recognition of new National Societies and their admission to the League,
recalling Resolution VI of the XXIInd International Conference of the Red Cross,
1. requests the National Societies to continue their collaboration with the Joint
Commission, by regularly communicating to the League and the ICRC the
1060 SECTION II INTERNATIONAL ORGANIZATION OF THE MOVEMENT

amendments which they plan to introduce in their statutes, and by adapting them
to the Joint Commissions recommendations,
2. expresses the wish that, in respect of recognition of new Societies by the ICRC and
their admission to the League, the Joint Commission continue its work in
cooperation with the League Development Programme, within the framework of
the Strategy for Development of National Societies in the 80s.
3. approves the report and thanks the Joint Commission for its work. (Manila, 1981,
Resolution XX)

Report of the Joint ICRC/Federation Commission


on National Society Statutes
The Council of Delegates,
recalling Resolution VI of the 22nd International Conference and Resolution
XX of the 24th International Conference,
stressing the importance of the mandate conferred on the Joint
ICRC/Federation Commission on National Society Statutes to ensure respect for
the Fundamental Principles within the Movement,
approves the report submitted by the Joint ICRC/Federation Commission on
National Society Statutes and invites the ICRC and the Federation to continue their
work in this respect;
requests National Societies to submit the draft texts of their new or amended
statutes to the ICRC and the Federation before their final adoption, and to follow
up the recommendations made by the Joint Commission;
stresses the need for the Federation and the ICRC to have on file the current
statutes of all National Societies which are members of the Movement;
calls on governments to respect at all times the commitment of all the
Movements components to observe the Fundamental Principles. (Council of
Delegates, Budapest, 1991, Resolution 19)

B. Development

See also:
Part Four
Section I, Chap. III Res. XXVI of the 25th International Conference
(Geneva, 1986) p. 1029
Section II, Chap. V Res. XXXV of the 20th International Conference
(Vienna, 1965) p. 1076
CHAPTER IV NATIONAL SOCIETIES 1061

Assistance to National Societies in realizing the ideals of the Red Cross


The Board of Governors,
recalling Resolutions Nos. XXII and XXXIII on Technical and Financial aid of
the XIXth International Red Cross Conference and Resolution No. 17 of the
XXVth Session of the Board of Governors on Financing of Missions and Study
Visits,
recognizing the ever-increasing needs, especially of sister Societies recently
formed,
recommends that the National Societies and the League of Red Cross Societies,
bearing in mind their principles of worldwide human solidarity, international
collaboration and the needs in countries under development, render efficient
assistance to National Societies in their efforts to serve and realize the ideals of the
Red Cross,
that the integrity and independence of the Red Cross be respected if
cooperation with the United Nations, its specialized agencies or other
organizations, has been established. (Board of Governors, XXVIth Session, Prague,
1961, Resolution 9)

Technical and financial assistance to National Societies


(Development Programme)
The Board of Governors,
having taken cognizance of the report of the Red Cross Development Programme
presented by the Secretary General in keeping with the mandate contained in
Resolution No. 10 of the 82nd Session of the Executive Committee in 1962,
noting with keen satisfaction the results achieved in the past year,
reiterating Resolutions Nos. XXII and XXXIII of the XIXth International
Conference of the Red Cross, Resolution No. 17 of the XXVth Session of the Board
of Governors, Resolutions Nos. 8 and 9 of the XXVIth Session of the Board of
Governors, on the urgent need for enlarged technical and financial assistance to
National Societies in realizing the ideals of the Red Cross,
accepts the programme presented by the Secretary General and authorizes the
Chairmen of the League and the Secretary General to carry out the said
programme in keeping with the principles expressed therein,
requests the Chairman of the League and the Secretary General to constitute an
Advisory Committee for the development and expansion of this programme,
appeals to the National Societies to make the execution of the Development
Programme possible through voluntary contributions, in cash, material and
personnel, either alone or in cooperation with other Societies, within the pattern of
a rational development of the Red Cross. (Board of Governors, XXVIIth Session,
Geneva, 1963, Resolution 6)
1062 SECTION II INTERNATIONAL ORGANIZATION OF THE MOVEMENT

Development of National Societies


in the context of national development plans
The XXIVth International Conference of the Red Cross,
having taken note of the League General Assemblys deliberations and decisions
regarding the Strategy for the Development of National Societies,
sharing the concern of the General Assembly about the need for a realistic Red
Cross development strategy,
being aware that the strengthening of the organizational and operational capacity
of the National Red Cross and Red Crescent Societies of the developing countries is a
prerequisite to their primary health care, preparedness for situations of natural
disasters and of armed conflicts including relief as well as participation in other
service programmes for their communities and concurring with the other views
expressed by the General Assembly,
recognizing the need for cooperation between the League, the ICRC, the National
Societies, the Governments and other organizations, both governmental and non-
governmental,
invites Governments and other organizations to cooperate with the Red Cross
movement by supporting its efforts to develop self-reliant and capable National
Societies in all countries. (Manila, 1981 Resolution XXV)

Women in Red Cross/Red Crescent development


The General Assembly,
recalling the Decision of the VIth General Assembly in 1987 which requested
the League to draw up a plan of action to safeguard that the resources and
potential of women can be fully utilized to the benefit of development work in the
Red Cross/Red Crescent,
further recalling Resolution No. XV of the XXIIIrd International Conference of
the Red Cross in 1977 in which Governments and National Societies are urged to
raise the status of women socially and economically by providing opportunities
for learning and leadership,
noting with satisfaction that the Henry Dunant Institute in collaboration with
the League Secretariat conducted a study on the role of women in the Red
Cross/Red Crescent in which almost one hundred National Societies participated,
mindful of the fact that numerous National Societies participating in the study
on Women in the Red Cross/Red Crescent registered dissatisfaction with the
current level of female participation,
taking into consideration the recommendation from the Women in Development
Seminar arranged by the Nordic Red Cross Societies in Norway, June 1989,
endorses the Plan of Action on women in Red Cross/Red Crescent
Development presented by the Secretary General and expresses its determination
to realize its proposals,
CHAPTER IV NATIONAL SOCIETIES 1063

acknowledges in particular the need for concrete policies and sustained


commitments to strengthen the role of women in Red Cross/Red Crescent
development,
urges National Red Cross and Red Crescent Societies:
to respond to the needs of women in all services and training programmes,
to ensure that women assume a legitimate share of responsibility in deter-
mining priorities and implementing policies and programmes,
to create a favourable environment for the advancement of women in
managerial and decision-making positions,
to share with each other and the League information, support and financial
assistance towards the ultimate goal of attaining equal opportunities for men
and women in all Red Cross/Red Crescent work,
urges the League in cooperation with the ICRC to submit to the Council of
Delegates in 1991 a report on the results achieved within the components of the
Movement in cooperation with the Henry Dunant Institute,
requests the Secretary General:
to initiate and coordinate fund-raising efforts for the implementation of the
Plan of Action,
to ensure that League-coordinated disaster relief and development
programmes take into account womens resources and needs, in particular in
implementing the Strategic Work Plan of the League for the 90s,
to initiate and coordinate the financing and organization of regional workshops
that will draw up regional action plans for the advancement of women,
to design and implement a strategy to increase the number of competent
women in management and senior delegate positions, whereby the Secretariat
may serve as a model for National Societies,
to present progress reports on the implementation of the Plan of Action to
each session of the Executive Council between the sessions of the General
Assembly. (General Assembly, VIlth Session, Geneva, 1989, Decision 33)

The role of Red Cross and Red Crescent in development


The General Assembly,
endorses the following draft Resolution on the role of the Red Cross and Red
Crescent in Development addressed to the XXVIth International Conference of the
Red Cross and Red Crescent with a view to its adoption:
The Twenty-sixth International Conference,
recalling that under the Fundamental Principle of Humanity, the International
Red Cross and Red Crescent Movement endeavours to prevent and alleviate
human suffering wherever it may be found,
cognizant that the implementation of development projects and programmes
aimed at protecting and assisting vulnerable people, i.e. development with a
human face, is a key activity for the Red Cross and Red Crescent Movement,
1064 SECTION II INTERNATIONAL ORGANIZATION OF THE MOVEMENT

aware of the increasing incidence of vulnerability and the urgent need for
action to reverse this trend through sustainable improvements in the well-being of
vulnerable individuals, families and communities,
recalling Article 2 of the Statutes of the International Red Cross and Red
Crescent Movement, which provides that each State shall promote the
establishment on its territory of a National Society and encourage its
development,
aware that the enhancement of its institutional capabilities is a necessary
prerequisite for the Movement to fulfil its mandate,
realizing that the provision of resources needs to be increased, especially to
support the development programmes and the institutional capabilities of National
Societies that are most in need of improving their capacity,
1. supports the Principles and Rules for Development Cooperation as policy
guidelines for Red Cross and Red Crescent development;
2. appeals to Governments:
a) to cooperate with all components of the Movement for the purpose of
encouraging, supporting, and providing disaster preparedness, relief and
development activities in support of the most vulnerable;
b) to generously provide financial support to the development projects and
programmes of National Societies, especially in those countries where the
needs are greatest;
3. requests the various components of the Movement, in accordance with their
respective mandates:
a) to ensure that Frameworks for Development Cooperation are designed and
adhered to, in order to strengthen the effectiveness of cooperation among
the National Societies, the International Federation of Red Cross and Red
Crescent Societies (Federation) and the International Committee of the
Red Cross (ICRC);
b) to generously provide financial, personnel and material support to both
development projects and institutional development of National Societies,
especially those that are most in need of improving their capacity;
c) to increase their support to development projects and programmes of
National Societies by responding benevolently to the annual Development
Appeal of the Federation;
d) to support the development of National Societies by contributing
generously to the Development Fund of the International Federation of Red
Cross and Red Crescent Societies. (General Assembly, VIIIth Session,
Budapest, 1991, Decision 21)
CHAPTER IV NATIONAL SOCIETIES 1065

Women in Red Cross/Red Crescent development


The Council of Delegates,
recalling Decision 33 of the VIIth Session of the League General Assembly in
1989, and the endorsement of the Plan of Action on Women in Red Cross/Red
Crescent Development,
increasingly concerned about the vulnerability of women and children in
situations of deprivation, including disasters,
aware of the often weak economic, social and legal position of women,
aggravated by the current adverse socio-economic conditions,
concerned about the continued use of harmful traditional practices threatening
the lives of women,
recognizing that the hard life endured by women in the countryside and urban
slums is not only a question of basic injustice, but also an impediment to economic
and social development,
urges all National Society and Federation representatives responsible for the
implementation of development programmes to:
recognize women as a major beneficiary group for Red Cross/Red Crescent
development programmes,
ensure that the role of women in situations of disaster is being taken into
account adequately,
ensure that literacy and other training schemes for women are linked to their
daily concerns and aimed at improving their lives,
put emphasis on community-based primary health care, including child
spacing, family planning and clean water supply, in order to meet some of the
most urgent needs of women and children,
review the ongoing health activities, particularly first-aid training, to ensure
that they cater to the needs of the most vulnerable,
promote income-generating activities for women, and ensure that such
projects are economically viable and become independent of subsidies from
the National Societies,
embark upon labour-saving development projects for women, giving high
priority to water and fuel supply, child care, agriculture and food processing.
(Council of Delegates, Budapest, 1991, Resolution 10)
1066 SECTION II INTERNATIONAL ORGANIZATION OF THE MOVEMENT

C. Protection of integrity

See also:
Part Three
Section III
Chapter I, Doc. V Policy on the protection of integrity of National Societies

Intervention of the League


when two Societies use the name Red Cross Society
The Board of Governors,
taking into account that sometimes there exists, at the same time as a National
Society, another Society which illegally uses the same name,
considers that in such a situation, the League should intervene to stop this state
of affairs and request Governments to support National Societies in their efforts to
that effect. (Board of Governors, XIXth Session, Oxford, 1946, Resolution 9)

Collaboration of National Societies in time of war


Sections of National Societies in a territory occupied by the opposing belligerent
The XVIIth International Red Cross Conference,
endorses the following Resolution adopted at the XIXth Session of the Board of
Governors of the League of Red Cross Societies:
If an Occupying Power suppresses a National Red Cross Society which has
obtained formal recognition, the Executive Committee of the League of Red Cross
Societies shall meet forthwith to examine in what circumstances such suppression
took place and shall take every action which is possible and appropriate, at the
same time appealing to the conscience of the world, for a decision to be taken by
the next International Conference; the same procedure shall be followed if, in
consequence of the total or partial occupation of a country, the Occupying Power
interferes in the administration of the National Society of the occupied country or
in any way impedes it in the pursuit of its aims, or replaces it by a puppet Society.
recommends that the International Committee of the Red Cross, either
independently or, if circumstances require, in consultation with those National
Societies which are accessible, take all steps considered possible and useful in response
to the appeal of a National Society in occupied territory, both for the security of its
funds and the protection of its personnel,
affirms that it is the duty of the National Society of the Occupying Power to
intervene with its own Government with a view to ensuring the existence and
activities of the National Society of the occupied country. (Stockholm, 1948,
Resolution XXIX)
CHAPTER IV NATIONAL SOCIETIES 1067

Integrity of National Societies


The Board of Governors resolves that,
a) in a case where integrity of a National Society is menaced by its own action, the
warning of the League should take the form of a resolution by the Executive
Committee, which would be communicated by the Secretariat to the Society
concerned. This procedure would be applicable prior to the procedure laid
down in Article 4 of the Articles of Association, which stipulates action by the
Board of Governors;
b) in a case where integrity is menaced by restrictive action of a Societys own
Government, the League shall have the right to take the initiative of addressing
itself to Governments to secure information on measures compromising the
integrity of Red Cross Societies. This right, however, shall only be exercised in
circumstances to be defined by the Board of Governors and according to the
procedure which shall be laid down by that Board;
c) in a case where integrity is menaced by the action of an Occupying Power, a
resolution of the Board of Governors shall be conveyed by the Secretariat
through the intermediary of the International Committee of the Red Cross, to
the Red Cross Society of the Occupying Power. (Board of Governors,
XXth Session, Stockholm, 1948, Resolution 5)

D. Relations

See also:
Part Three
Section III Organization of National Societies and their relations
with actors outside the Movement
Part Four
Section II, Chap V Res. XXXV of the 20th International Conference
(Vienna, 1965) p. 1076
Section IV, Chap. IV D Res. 7 of the Council of Delegates (Birmingham, 1993)
p. 1156

Legal protection of privileges and rights of the Red Cross


(IXth International Conference)
States signatory to the Geneva Convention are asked to be good enough to make
legal provision for according privileges and rights to Red Cross Societies, such as
exemption from taxes and fiscal charges, postal and telegraphic charges, customs duty
and others. (Washington, 1912, Resolution IV)
1068 SECTION II INTERNATIONAL ORGANIZATION OF THE MOVEMENT

Relations between National Societies


(Xth International Conference)
1. No Red Cross Society shall set up a Section, Delegation, Committee or
Organization, or have any activity in a foreign country without the consent of the
Central Committee of the National Society of that country and its own Central
Committee, especially as far as the use of the name and emblem of the Red Cross
is concerned.
Central Committees are requested to give such approval generously when it is clear
that the foreign Section is working exclusively on behalf of its own countrymen. In
case of disagreement, the Central Committees may refer the question to the
supreme authority of the International Red Cross.
It goes without saying that foreign Sections should, in the same way as the
National Red Cross, respect the legislation and administrative measures of the
country in which they are working, and operate always in agreement with the
National Red Cross.
Where it is desired to set up foreign Sections in countries which have no National
Red Cross or Red Crescent, prior approval of the International Committee of the
Red Cross must be obtained. Such Sections, once constituted, are invited, in the
highest interest of the Red Cross, to encourage, by their example and influence, the
formation of a National Society at the earliest date.
2. Such undertakings must be exclusively humanitarian, and
3. must be recognized and approved by the foreign Red Cross Society.
It is desirable that the sending of a Red Cross mission, or the constitution of a
Section on foreign territory, should be notified to the International Committee, with
the names of the responsible directors, and that the International Committee should
be kept informed of the activities of such missions or Sections. (Geneva, 1921,
Resolution Xl)

Relations between National Societies


The XVIth International Red Cross Conference,
having taken cognizance of the proposal of the Chilean Red Cross and the Chilean
Government, supported by eleven other delegations, regarding the relationship of
National Societies inter se;
considering the recommendations of the Second Pan-American Red Cross
Conference held in Washington in 1926,
considering that in order to safeguard the rights of each National Society on its
own territory, the meaning of Resolution No. XI of the Xth International Red Cross
Conference should be clarified as follows,
CHAPTER IV NATIONAL SOCIETIES 1069

recommends to National Societies,


a) that no Red Cross Delegation, Section or Committee shall be established in foreign
territory without the consent of the Central Committee of the National Society of
the country concerned,
b) that this consent should only be asked for in exceptional circumstances, for
purposes definitely determined in advance, and for a limited period of time.
(London, 1938, Resolution VII)

Relations between National Societies


and the International Committee of the Red Cross
The XVIIth International Red Cross Conference,
expresses the opinion, in which the International Committee of the Red Cross
concurs, that the latter, when acting in any given country, particularly in time of war
or occupation, should do so, unless circumstances make it impossible or inadvisable,
through the medium of the National Society concerned, and should in any event
inform that Society of all its activities in the said country, including its dealings with
the Government or any of its agencies. (Stockholm, 1948, Resolution XXX)

Relations of National Societies with Governments


and national or international organizations in regard to relief
The XVIIth International Red Cross Conference,
recommends that National Societies, while at all times continuing to demonstrate
their desire to cooperate with Governments or international organizations for the
relief of suffering, and continuing normally to supplement official aid and to give
assistance in emergencies, should safeguard their identity and avoid compromising
their privileged position of absolute impartiality by combining with other official or
non-official organizations,
resolves that appeals made in the name of the Red Cross should relate solely to
objectives connected with Red Cross work, that it is contrary to this principle to join
with other organizations, and that to do so would result in a loss of prestige to the Red
Cross and the weakening of its whole position,
resolves that a National Society should, in no circumstances, share the name or the
emblem of the Red Cross, the use of which is governed by the Geneva Convention,
resolves that cooperation between National Societies, Governments or national or
international relief organizations may be authorized on the condition that the name
and emblem of the Red Cross be used in conformity with the Geneva Conventions.
(Stockholm, 1948, Resolution XLI)
1070 SECTION II INTERNATIONAL ORGANIZATION OF THE MOVEMENT

Cooperation between the National Societies and the Governments


The XVIIIth International Red Cross Conference,
considering that a National Society, to become a member of the International Red
Cross, must first be recognized by its own Government,
considering Resolution LV (1) adopted by the General Assembly of the United
Nations on November 19, 1946, which recommends that Governments assist in the
establishment and cooperation of National Red Cross, Red Crescent, Red Lion and
Sun Societies, while respecting their independent voluntary nature,
considering Resolution No. XL of the XVIIth International Red Cross Conference
enumerating the special facilities that Governments are requested to grant to their
National Societies for the carrying out of their tasks,
recommends that the National Societies, while preserving their independence,
maintain with their respective Governments regular cooperation in time of peace as in
time of war and conclude specific agreements for determining the particular tasks
which may be entrusted by Governments to National Societies and accepted by the
latter,
reiterates its previous requests to all Governments with a view to obtaining from
them the special facilities referred to in Resolution No. XL of the XVIIth International
Red Cross Conference, so as to facilitate, both in time of peace and in time of war, the
accomplishment of the humanitarian work of the Red Cross. (Toronto, 1952,
Resolution XII)

E. Voluntary service
See also:
Part Four
Section VI, Chap. I Res. XXVII of the 19th International Conference (New
Delhi, 1957) p. 1240

Meaning of the term volunteer1


The Board of Governors,
whereas there is general agreement that in the spirit of the Founder of the Red
Cross the word volunteer means one who enters into, or offers himself for any
service of his own free will, the word is applied in some countries to designate
unpaid workers,
recommends that in the future National Societies, when using the word
voluntary, indicate their interpretation of it. (Executive Committee, Geneva,
1950, Resolution 4, para. 3, adopted by the Board of Governors, XXIst Session,
Monte Carlo, 1950)

1 Heading added by the editor.


CHAPTER IV NATIONAL SOCIETIES 1071

Role of voluntary service in the Red Cross


The XXIVth International Conference of the Red Cross,
recognizing that voluntary service is a fundamental principle and an essential
characteristic of the world Red Cross movement,
considering that the rapid development of contemporary society and, its socio-
economic implications generate new needs,
noting the diversification of Red Cross activities and the part taken by a large number
of volunteers in the life of their communities, bringing assistance to people in need of aid,
bearing in mind the necessity for continuity in the provision of voluntary service,
where applicable in close cooperation with public bodies,
expressing its gratitude to the Henry Dunant Institute and to the League for their
excellent and constructive report,
endorsing Recommendation 4 of the Third Regional Conference of European
National Red Cross and Red Crescent Societies, held in Budapest in May 1981,
1. recommends the National Societies:
a) to proceed to re-examine their activities in order to cause a larger number of
volunteers to take part in determining, organizing and carrying out their tasks;
b) to provide opportunities to volunteers in cooperating, when appropriate, with
the authorities and private organizations in planning health and social welfare
programmes to cover the needs of the population, and in implementing plans
made;
c) to associate volunteers more closely with the development of health and social
welfare activities in their own country, and to give them such tasks as will rouse
their sense of responsibility and maintain their interest;
d) to offer youth real opportunities for training and participation, as volunteers, in all
their National Societies activities including management and decision-making;
e) to encourage dissemination within and outside the Red Cross of the objectives
and means of using voluntary services; and to pay more attention to recruiting,
selecting and training methods;
f) to make sure that volunteers admitted to National Societies are fully informed
on the ideals and fundamental principles of the Red Cross and are ready to
serve them with the loyalty and devotion to duty that are the hallmark of their
work for human solidarity;
2. recommends the League of Red Cross Societies, within the limits of its plan and
budget:
a) to disseminate the experience acquired in the field of voluntary service,
facilitate the setting up and strengthening of links between National Societies,
and support them in developing such activities as require the participation of
volunteers; and on the basis of information received to see that guidelines on
voluntary service are published;
1072 SECTION II INTERNATIONAL ORGANIZATION OF THE MOVEMENT

b) to invite inter-governmental and non-governmental organizations to


recognize the actual and potential value of Red Cross volunteers in
humanitarian activities, support them and help them within the limits of their
ability to carry out their mission;
3. recommends Governments:
a) to support the National Societies efforts to extend the scope of voluntary
services and increase their efficiency;
4. recommends the Henry Dunant Institute:
a) to work in close cooperation with the League and the ICRC for more effective
adaptation of voluntary service to the actual needs of society by means of
studies and seminars on voluntary service in all its forms;
b) to submit its study to the next International Conference. (Manila, 1981,
Resolution XIX)

Red Cross and Red Crescent voluntary service in todays world


The Twenty-fifth International Conference of the Red Cross,
recalling that the humanitarian work of the International Red Cross and Red
Crescent Movement is in the main based on voluntary service, one of the
Fundamental Principles of the Movement,
recalling that the new needs resulting from the rapid development of todays society
and its socio-economic implications call for the establishment of new community-
based services,
emphasizing the increasingly important role played by volunteers in providing
these services,
aware of the fact that, more than ever, National Red Cross and Red Crescent
Societies are confronted with emergency situations and must be able to rely on an ever
larger number of volunteers capable of coping with the consequences of conflicts,
natural disasters or the flow of refugees,
taking into account the growing number of humanitarian aid agencies and groups,
1. reaffirms Resolutions XIX and XXIII of the Twenty-fourth International
Conference of the Red Cross regarding the role and involvement of volunteers,
2. takes note of the conclusions of the First World Meeting on Red Cross Voluntary
Service (Mexico, 1983),
3. expresses its gratitude to the Secretariat of the League of Red Cross and Red
Crescent Societies and the Henry Dunant Institute for their excellent report drawn
up in consultation with the International Committee of the Red Cross,
4. thanks the Henry Dunant Institute for its constructive study on Red Cross
Voluntary Service in Todays Society.
CHAPTER IV NATIONAL SOCIETIES 1073

5. invites members of the International Red Cross and Red Crescent Movement to
continue being extremely attentive to the status, rights and duties of volunteers,
their motivation, their recruitment, their training, the integration and
participation of volunteers in all phases of planning and implementation of
activities, relations between volunteers and remunerated professionals, and finally
the relations of volunteers with the other voluntary agencies,
6. recommends to National Societies, on the basis of the conclusions and
recommendations of the First World Meeting on Red Cross Voluntary Service and
of the Henry Dunant Institute study:
a) to define already in peacetime and in agreement with the competent
authorities or organizations of their respective countries the arrangements
for cooperation, in the event of armed conflict, of voluntary medical personnel
with the medical services of the armed forces, in compliance with Articles 24
and 26 of the First Geneva Convention, and with the civil defence services and
other health institutions,
b) to define, already in peacetime in agreement with government health services,
the contribution which volunteers, be they on the same footing as military
medical personnel or not, can make to tasks not specifically stipulated in
Article 24 of the First Convention,
c) to define with government and regional authorities the contribution which
their volunteers should make in the event of natural disasters, in the context of
national relief plans,
d) to facilitate making qualified personnel available for urgent international
humanitarian missions,
e) to promulgate, it they do not already have one, a national charter for volunteers
specifying their rights and duties,
f) to take all suitable measures to ensure that volunteers and those they assist are
protected both in their normal activities and in emergency situations,
g) to lay down practical guidelines for the recruitment of volunteers, taking into
account their qualifications and their aspirations, and also the needs to be met,
h) to ensure that volunteers receive basic training on the Fundamental Principles
of the Movement and specific training adapted to the various tasks they may
be called on to undertake; this applies in particular to medical personnel likely
to be made available to the medical services of the armed forces,
i) to encourage the participation of volunteers in the planning of programmes of
activities and in their evaluation,
j) to provide for a plan for the personal development of volunteers enabling them
to improve their knowledge and have access to greater responsibilities,
k) to review regularly their international structures at national, regional and
local levels in order to adapt them to needs and activities, to ensure the best
possible use of human resources, to reinforce the motivation of volunteers and
develop their sense of responsibility,
1074 SECTION II INTERNATIONAL ORGANIZATION OF THE MOVEMENT

l) to set up and develop multidisciplinary teams with a view to integrated


activities,
m) to cooperate with voluntary agencies and groups and coordinate their
activities, notably with respect to the identification of needs, the recruitment
and training of volunteers, and the dissemination of humanitarian ideals in
strict compliance with the Fundamental Principles of the Movement,
7. recommends to the League of Red Cross and Red Crescent Societies:
a) that it support National Societies which ask for help in drawing up guidelines
for their policy on volunteers,
b) that it continue cooperation with governmental and non-governmental
organizations concerned with voluntary service or other subjects in which
National Societies play an active role, particularly through their volunteers,
8. recommends to the International Committee of the Red Cross:
a) that it contribute to the supplementary training of volunteers with a view to
their activities in case of conflict or similar situations,
b) that it assist National Societies requesting such assistance in defining with the
competent authorities the arrangements for cooperation by voluntary medical
personnel in case of armed conflict,
9. recommends to governments that they support National Society efforts to develop
their voluntary services, particularly in emergency situations,

10. recommends to the Henry Dunant Institute that, in close cooperation with the
League and ICRC, it continue and encourage studies on voluntary service and that
it organize symposiums, seminars and workshops on the different aspects of
voluntary service, reinforcing all the while its training programme for National
Society leaders, officers and volunteers. (Geneva, 1986, Resolution XXIII)

CHAPTER V

INTERNATIONAL RELATIONS

See also:
Part Two
Doc. II Statutes of the Movement, Art. 7, para. 5
Doc. IV Statutes of the ICRC, Art. 6
Doc. V Constitution of the Federation, Art. 40
Doc. VII Agreement on the organization of the international
activities of the components of the International Red
Cross and Red Crescent Movement
CHAPTER V INTERNATIONAL RELATIONS 1075

Doc. X Principles and Rules for Red Cross and Red Crescent
Disaster Relief
Part Three
Section IV, Doc. II International Red Cross Aid to Refugees: Statement of
Policy, Arts 5, 7, 9 and 10
Part Four
Section II, Chap. IV D Res. XLI of the 27Ith International Conference
(Stockholm, 1948) p. 1069
Section VI, Chap. I Res. XXIII of the 19th International Conference
(New Delhi, 1957) p. 1240

Relations with the United Nations Organization


The Board of Governors,
decides to recommend to the General Assembly to draw the attention of the
members of the United Nations Organization to the fact that it is of a special and
particular interest:
1. that the members should encourage and promote the establishment and
cooperation of the voluntary National Red Cross and Red Crescent
organizations duly authorized;
2. that the independent and voluntary character of the National Red Cross and
Red Crescent Societies should be respected in all and every circumstance,
provided that such Societies are recognized by their Governments and exercise
their action in conformity with the principles of the Geneva and Hague
Conventions and in the humanitarian spirit of the Red Cross;
3. that the necessary measures should be taken to maintain contact in all
circumstances between the National Red Cross and Red Crescent Societies of
all countries, in order to secure the carrying out of their humanitarian work.
(Board of Governors, XIXth Session, Oxford, 1946, Resolution 1)

Red Cross relations with the United Nations


and other international organizations
The XVIIth International Red Cross Conference,
in view of the non-political character of the constituent bodies of the International
Red Cross,
recommends that the International Committee of the Red Cross, the League of Red
Cross Societies and the National Societies exercise the greatest care in regulating their
relationship with inter-governmental, governmental or non-governmental organizations,
is of opinion that the launching by Governments of appeals for contributions from
private sources throughout the world creates a precedent which might endanger the
1076 SECTION II INTERNATIONAL ORGANIZATION OF THE MOVEMENT

opportunities of voluntary organizations in appealing for funds; this practice should


only be resorted to in time of great emergency. (Stockholm, 1948, Resolution XVIII)

Development of National Societies


in the fields of health, social welfare and education
The XXth International Conference of the Red Cross,
conscious of the beneficial results of effective collaboration between the Secretariat
of the League of Red Cross Societies and the United Nations, its specialized agencies
and other international non-governmental organizations,
aware of the value and importance of good working partnerships between
National Societies and governmental, health, education and welfare agencies,
especially in developing countries,
stresses the need to promote and expand such working partnerships at both
national and international levels,
draws the attention of Governments to the role which National Societies can play
in the humanitarian field in their own territories by promoting measures related to the
Development Programme approved by the Board of Governors of the League in
Vienna in 1965, and
recommends that National Societies establish and/or extend health, education and
welfare programmes for youths and adults alike in collaboration with governmental
and other non-governmental voluntary agencies to meet specific needs in developing
areas. (Vienna, 1965, Resolution XXXV)

CHAPTER VI

FINANCING

Commission for the financing


of the International Committee of the Red Cross
The XIXth International Red Cross Conference,
whereas the Commission set up by the XVIIth International Conference of the Red
Cross in its Resolution No. VIII has concluded its work and submitted its report,
whereas, according to this report, a number of National Societies have made
regular voluntary annual contributions to the International Committee, and whereas
the continuation of this support and contributions from all National Societies are
desirable, justified, and necessary,
CHAPTER VI FINANCING 1077

whereas, also, appeals are made by the International Committee to Governments


which are members of the International Conference of the Red Cross in accordance
with the Resolution of the Diplomatic Conference held in Geneva in 1949, and the
participation of National Societies in passing on and supporting these appeals varies
of necessity from country to country according to national custom,
decides:
a) that the report of the Commission set up by the XVIIth International Conference
of the Red Cross in accordance with the above-mentioned Resolution is approved;
b) that each National Red Cross Society accepts its obligation as a member of the
International Red Cross to pay regular, voluntary, annual contributions to the
International Committee;
c) that each National Red Cross Society will continue to take such steps as it considers
advisable with regard to financial appeals made to Governments by the
International Committee in accordance with the above Resolution of the 1949
Diplomatic Conference;
d) that a new Commission shall be appointed consisting of the National Societies of
Czechoslovakia, Great Britain, India, Mexico and The Netherlands. (New Delhi,
1957, Resolution IX)

Tax exemption for contributions to the Red Cross


The Board of Governors,
being of the opinion that all individuals and corporate bodies should be
exempted from income tax in respect of membership fees or contributions to
National Red Cross Societies,
recommends National Societies of countries where such exemption does not
exist, to approach their Governments with a view to adopting the necessary measures
to this end. (Board of Governors, XXVth Session, Athens, 1959, Resolution 24)

Minimal contribution for very small Societies


The Board of Governors,
authorizes the Permanent Scale of Contributions Commission, when presented
by a very small Society with a request for a reduction of the minimum quota, to
make such reduction if, in the Commissions view, the financial resources of the
Society are such as to justify the reduction. (Board of Governors, XXXth Session,
Istanbul, 1969, Resolution 13)

Admission fees for new League members


The Board of Governors,
bearing in mind that most National Societies applying for membership of the
League have financial problems,
1078 SECTION II INTERNATIONAL ORGANIZATION OF THE MOVEMENT

finding it equitable that a Society should not contribute to the budget both for
the year of admission and for the following year,
noting that to waive the contribution from newly admitted National Societies
for one of these years would not have a significant influence upon the budget,
adopts the following amendment of the Regulation for the admission of new
National Societies to the League of Red Cross Societies (adopted by the Board of
Governors in 1948) Article 4 (e):
(e) A statement in which the applicant Society pledges itself to pay its financial
contribution for the financial year of its admission, which contribution would also
cover the following financial year. (Board of Governors, XXXIst Session, Mexico,
1971, Resolution 7)

Financing of the ICRC by governments


The XXIVth International Conference of the Red Cross,
noting the specific mandates entrusted to the International Committee of the Red
Cross by the Geneva Conventions of 1949, their 1977 Protocols, and the Statutes of the
International Red Cross relating to armed conflicts and similar situations,
recognizing the need for adequate financial support for ICRC activities carried out
in fulfilment of these mandates, in particular for those activities which the ICRC alone
is capable of discharging, especially in the field of protection,
recalling the resolution adopted by the 1949 Diplomatic Conference requesting
Governments to provide the ICRC with regular financial support,
recalling also the resolutions adopted by previous International Conferences on the
financing of the ICRC,
1. appeals to all Governments to provide the ICRC, through sufficient regular annual
and special contributions, with the means required to carry out its humanitarian
tasks,
2. recommends that Governments include in their budgets provision for regular
financial support for the humanitarian assistance activities carried out by the
ICRC in aid of victims of armed conflicts or similar situations,
3. decides to renew the mandate of the Commission for the Financing of the ICRC,
the members of which shall be the National Societies of Algeria, Colombia,
Denmark, Germany (Fed. Rep.), Honduras, Japan, Malaysia, Mauritania and
Romania. (Manila, 1981, Resolution XVII)

Financing of the ICRC by National Societies


The XXIVth International Conference of the Red Cross,
having taken note of the report submitted by the Commission for the Financing of
the ICRC,
noting the continual increase in the ICRCs tasks and the financial burden arising
therefrom,
CHAPTER VI FINANCING 1079

drawing attention to the resolutions adopted by numerous previous International


Conferences,
stressing that by virtue of the principle of solidarity binding the members of the
Red Cross and Red Crescent, National Societies should help the ICRC to achieve its
humanitarian objectives,
1. encourages the National Societies to support the ICRC in its negotiations with
their Governments,
2. expresses the wish that the National Societies will do their utmost so that their
total voluntary contributions should reach 10% of the ICRCs ordinary account
expenditure for the preceding year. The share of each National Society in these
contributions should be equal to the percentage assigned to that Society in the
Leagues scale of contributions,
3. proposes that the said amount of 10% be re-examined at each meeting of the
Council of Delegates. (Manila, 1981, Resolution XVIII)

Financing of the ICRC by National Societies


The Twenty-fifth International Conference of the Red Cross,
having taken note of the report submitted by the Commission for the Financing of
the ICRC,
having noted with satisfaction an increase in the financial support for the ICRC by
a growing number of National Societies,
noting the ICRCs financial needs arising from the increase in its permanent
activities, as set out in the document entitled The International Committee of the
Red Cross and its future Five-year Programme, which was published in August
1985 and forwarded to all National Red Cross and Red Crescent Societies,
recalling the resolutions relative to the financing of the ICRC adopted by previous
International Conferences,
1. thanks National Societies which have, on the basis of Resolution XVIII of the
Twenty-fourth International Conference, voluntarily contributed to the financing
of the ICRC,
2. invites them to continue their efforts in order to enable the ICRC to meet the
increase in its permanent expenditure,
3. mandates the Commission for the Financing of the ICRC to set each year, in
conjunction with the ICRC, the rate of the National Societies overall voluntary
contribution to the financing of the ICRCs regular budget, this rate being
expressed as a percentage of the regular budget expenditure and it being
understood that the said rate shall on no account entail an increase of more than
ten per cent from one year to the next in the contribution of each National Society
and that each National Societys share in these contributions shall be equal to the
percentage assigned to that Society in the Leagues scale of contributions,
1080 SECTION II INTERNATIONAL ORGANIZATION OF THE MOVEMENT

4. reiterates its appeal to National Societies which have not yet contributed to the
financing of the ICRC, by emphasizing the importance of demonstrating universal
solidarity, even through symbolic contributions,
5. urges all National Red Cross and Red Crescent Societies to intensify their
support for the ICRC in its approaches to their governments. (Geneva, 1986,
Resolution XXIV)

Financing of the ICRC by governments


The Twenty-fifth International Conference of the Red Cross,
having taken note, of the report submitted by the Commission for the Financing of
the ICRC,
recalling that the humanitarian mandate of the ICRC is based essentially on the
1949 Geneva Conventions, to which 165 States are Parties, which have thereby
undertaken to provide the ICRC with the means required to discharge that mandate,
considering the sizeable increase in the ICRCs permanent activities and the
resulting increase in its expenditure, as shown in the document entitled The
International Committee of the Red Cross and its future Five-year Programme,
which was published in August 1985 and sent to all governments,
recalling Resolution 11 of the 1949 Diplomatic Conference as well as the
resolutions, adopted by numerous previous International Conferences, relative to the
Financing of the ICRC by governments,
1. thanks the members of the Commission for the Financing of the ICRC for their
work to help increase the ICRCs financial resources,
2. renews the mandate of the Commission and decides to raise the number of its
members from 9 to 12, one third of whom will be replaced every four years,
3. appoints the National Societies of the following countries to be members of the
Commission: Algeria, China, Colombia, France, Federal Republic of Germany,
Japan, Kuwait, Mauritania, New Zealand, Panama, Romania and Spain,
4. notes with satisfaction that a number of governments though unfortunately too
few have increased their contributions to the ICRC since the previous
International Conference,
5. appeals to all States Parties to the Geneva Conventions to demonstrate more
forcefully their financial support for the work of the ICRC. (Geneva, 1986,
Resolution XXV)
CHAPTER VI FINANCING 1081

Changes in Scale of Contributions formula


The General Assembly,
approves the following changes for establishing the quotas of National Societies:
1. Change in Formula Weighing From To
National Societies financial resources 35% 40%
United Nations Scale of Contributions 35% 40%
Six-years experience factor 30% 20%
Total 100% 100%
2. The minimum quota be abolished; and
3. The Scale of Contributions to be updated annually based on input received
from financial resource questionnaires from National Societies. (General
Assembly, VIIIth Session, Budapest, 1991, Decision 13)

Travel assistance procedures


The General Assembly,
approves the revised travel assistance as proposed by the Finance Commission
to the Executive Council in October 1990 which will provide members with
reimbursement for travel costs, hotel and per diem incurred in connection with
participation in meetings of the General Assembly, the Executive Council,
Constitutional Commissions of the League and Commissions appointed by the
General Assembly.
These reimbursements will continue to be subject to the Rules for Travel
Assistance laid down by the General Assembly. (General Assembly, VIIIth Session,
Budapest, 1991, Decision 15)

Financing of the ICRC


The Council of Delegates,
having taken note of the report submitted by the Commission for the Financing
of the International Committee of the Red Cross,
having noted that a stable number of National Societies make regular
contributions to the ICRCs headquarters budget,
having noted with satisfaction the increase in the number of staff seconded by
National Societies to take part in the ICRCs field operations, and the increase in the
overall amount of contributions made by National Societies and governments to
the ICRCs field budgets,
1. thanks National Societies and governments which, by making contributions in
cash, kind or services, provide essential support to the ICRC;
1082 SECTION II INTERNATIONAL ORGANIZATION OF THE MOVEMENT

2. thanks the Commission for the Financing of the ICRC for its work;
3. decides to renew the mandate of the Commission for the Financing of the ICRC
for four years;
4. appoints the National Societies of the following countries to be members of the
Commission:
Australia, Costa Rica, Finland, Libyan Arab Jamahiriya and Sierra Leone,
and renews the mandate of National Societies of the following countries:
Algeria, China, Colombia, France, Germany, Japan and Mauritania;
5. sets as the objective for the Commission to increase by 10 per cent at least the
number of National Societies that contribute to the budgets of the ICRC;
6. urges all National Societies to contribute to the activities of the ICRC and to
support the ICRCs appeals to their respective governments. (Council of
Delegates, Budapest, 1991, Resolution 18)
SECTION III

INTERNATIONAL HUMANITARIAN LAW (IHL)

CHAPTER I

IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW

See also:
Part Four
Section IV, Chap. IV D Res. 7 of Council of Delegates (Birmingham, 1993)
p. 1156
Chap. V Res. XIV of the 23rd International Conference
(Bucharest, 1977) p. 1201
Chap. V Res. XIV of the 24th International Conference (Manila,
1981) p. 1203

Application of the Geneva Conventions


by the United Nations Emergency Forces
The XXth International Conference of the Red Cross,
considering that the States parties to the Geneva Conventions have undertaken to
respect them and make them respected in all circumstances,
considering further that it is necessary for the United Nations Emergency Forces to
respect these Conventions and be protected by them,
expresses its satisfaction at the practical measures already taken by the United
Nations,
recommends:
1. that appropriate arrangements be made to ensure that armed forces placed at the
disposal of the United Nations observe the provisions of the Geneva Conventions
and be protected by them;
2. that the Governments of countries making contingents available to the United
Nations give their troops in view of the paramount importance of the question
adequate instruction in the Geneva Conventions before they leave their country of
origin as well as orders to comply with these Conventions;
3. that the authorities responsible for the contingents agree to take all the necessary
measures to prevent and suppress and breaches of the said Conventions. (Vienna,
1965, Resolution XXV)
1084 SECTION III INTERNATIONAL HUMANITARIAN LAW

Protection of prisoners of war


The XXIst International Conference of the Red Cross,
recalling the Third Geneva Convention of 1949 on the treatment of prisoners of
war, and the historic role of the Red Cross as a protector of victims of war,
considering that the Convention applies to any armed conflict of whatsoever
nature between two or more parties to the Convention,
recognizing that, irrespective of the Convention, the international community has
consistently demanded humane treatment for prisoners of war, including
identification and accounting for all prisoners, provision of an adequate diet and
medical care, authorization for prisoners to communicate with each other and with
the exterior, the prompt repatriation of seriously sick or wounded prisoners, and
protection at all times from physical and mental torture, abuse and reprisals,
requests each party to the Convention to take all appropriate measures to ensure
humane treatment and prevent violations of the Convention,
calls upon all parties to honour the obligations set forth in the Convention and
upon all authorities involved in an armed conflict to ensure that all uniformed
members of the regular armed forces of another party to the conflict and all other
persons entitled to prisoner of war status are treated humanely and given the fullest
measure of protection prescribed by the Convention, and further calls upon all parties
to allow the Protecting Power or the International Committee of the Red Cross free
access to prisoners of war and to all places of their detention. (Istanbul, 1969,
Resolution XI)

Activities of the International Committee of the Red Cross (ICRC)


The XXIInd International Conference of the Red Cross,
having noted the work which the ICRC has been carrying out on behalf of the
victims of conflicts which, unhappily, have continued or which have broken out since
the XXIst International Conference of the Red Cross,
noting, however, with concern, that this work encounters all too often
insurmountable obstacles resulting in particular from a restrictive interpretation by
certain belligerents of the humanitarian obligations incumbent on them under the
terms of the Geneva Conventions,
recalling, in this connection, that these Conventions to provide essential protection
for the human person constitute solemn commitments vis--vis the whole
international community, and that the application of the provisions contained therein
cannot therefore be subject to reciprocity or to political or military considerations,
considering it essential that Red Cross relief action, carried out by the ICRC in
cooperation with National Societies and their Federation, the League of Red Cross
Societies, should be speedily available to the victims of every kind of armed conflict in
order effectively to relieve human suffering and ensure respect for the human person
in all circumstances, which are fundamental aims of the Red Cross,
CHAPTER I IMPLEMENTATION OF IHL 1085

requests the ICRC, acting in the name of the community of nations and the whole
Red Cross movement, to persevere in its efforts to continue to provide essential
humanitarian assistance to victims of conflicts,
invites the authorities concerned to permit in all circumstances the
accomplishment of the work of the ICRC without subjecting it to conditions or
demands which are alien to the spirit and the letter of the Geneva Conventions, of
which the provisions are binding on all and are not conditional upon reciprocity.
(Teheran, 1973, Resolution I)

Application of the Fourth Geneva Convention of 12 August 1949


The XXIVth International Conference of the Red Cross,
having considered the reports of the ICRC on its activities from 1973 to 1980 and
from 1 January to 30 June 1981,
recalling and confirming Resolutions X of 1969, III of 1973 and X of 1977 of the
previous International Conferences of the Red Cross,
deeply concerned about the continued refusal of the occupying power to
acknowledge the applicability and comply with the totality of its obligations under the
Fourth Geneva Convention of 12 August 1949 relative to the protection of civilian
persons in time of war,
deeply disturbed by the policies contrary to Article 49 paragraph 6 of the Fourth
Geneva Convention affecting the Arab population in the occupied territories in the
Middle East,
conscious of the fact that the Parties to the Geneva Conventions have undertaken,
not only to respect, but also to ensure respect for the Conventions in all circumstances,
1. expresses once more its deep concern for the situation of the Arab civilian
population of the occupied territories in the Middle East,
2. reaffirms the applicability of the Fourth Geneva Convention to the occupied
territories in the Middle East,
3. request the authorities concerned to fulfil their humanitarian obligations by
facilitating the return of people to their homes and their reintegration into their
communities,
4. calls upon the occupying power to acknowledge and comply with its obligations
under the Fourth Geneva Convention, and to this effect cease forthwith all policies
and practices in violation of any article of this Convention,
5. affirms that the settlements in the occupied territories are incompatible with
Articles 27 and 49 of the Fourth Geneva Convention,
6. expresses its appreciation to the ICRC and its delegates in the Middle East for their
continuous efforts in that region. (Manila, 1981, Resolution III)
1086 SECTION III INTERNATIONAL HUMANITARIAN LAW

Respect for international humanitarian law


and for humanitarian principles and support for the activities
of the International Committee of the Red Cross
The XXIVth International Conference of the Red Cross,
deeply concerned by the Report on the Activities of the International Committee of
the Red Cross,
noting that in several armed conflicts fundamental provisions of the Geneva
Conventions are violated and that these grave violations have often the consequence
of impeding the International Committee of the Red Cross in the discharge of its
activities pursuant to international law applicable in armed conflicts international,
internal or mixed,
observing further that the International Committee of the Red Cross is not always
able to discharge its humanitarian activities in internal disturbances and tensions,
alarmed by such violations of the rules of the law of nations and of humanitarian
principles, and likewise by the development of violence and contempt for human
rights in the world,
recalling that, pursuant to the Geneva Conventions, the States have the obligation
not only to respect but to ensure respect for these Conventions,
makes a solemn appeal that the rule of international humanitarian law and the
universally recognized humanitarian principles be safeguarded at all times and in all
circumstances and that the International Committee of the Red Cross be granted all
the facilities necessary to discharge the humanitarian mandate confided to it by the
international community. (Manila, 1981, Resolution VI)

Respect for international humanitarian law in armed conflicts


and action by the ICRC for persons protected by the Geneva Conventions
The Twenty-fifth International Conference of the Red Cross,
having taken note of the ICRCs Annual Report since 1981, the five-year report
covering 1981 to 1985 and the half-yearly report for 1986 presented to the Conference
by the ICRC and having heard the report on respect for international humanitarian
law in armed conflicts, delivered by the President of the ICRC,
observing with concern the increase in the number of ongoing armed conflicts and
the very long duration of several of the conflicts,
having taken note of the report of the President of the ICRC, particularly of the
difficulties encountered by the ICRC in its efforts to protect and assist military and
civilian victims of armed conflicts,
deploring the indiscriminate attacks inflicted on civilian populations, the use of
prohibited weapons such as chemical weapons, the forceful displacement of civilian
populations by occupation troops and the destruction of civilian housing in violation
of the laws and customs of war,
CHAPTER I IMPLEMENTATION OF IHL 1087

noting a disturbing decline in respect for international humanitarian law,


particularly as regards the treatment of prisoners of war, civilian internees and other
persons captured in armed conflicts, and as regards the conduct of hostilities and the
treatment of civilian populations in violation of the laws and customs of war,
recalling Resolution III of the Twenty-fourth International Conference of the Red
Cross which reaffirmed the applicability of the Fourth Geneva Convention to the Arab
occupied territories in the Middle East in 1967,
deeply concerned at the difficulties created for the ICRC in its efforts to protect and
assist all the military and civilian victims of armed conflicts, including during the
carrying out of relief operations,
1. regrets that disputes about the legal classification of conflicts too often hinder the
implementation of international humanitarian law and the ICRCs work,
2. appeals to all Parties involved in armed conflicts to fully respect their obligations
under international humanitarian law and to enable the ICRC to carry out its
humanitarian activities,
3. appeals in particular to all such Parties to grant regular access to the ICRC to all
prisoners in armed conflicts covered by international humanitarian law and to
carry out the early repatriation by phases of prisoners of war in accordance with
the Third Geneva Convention and further beyond its provisions as might be
acceptable in the interest of humanitarian considerations,
4. also appeals to Parties to the Geneva Conventions to fully carry out their
obligations under the Fourth Geneva Convention and to enable the ICRC to fulfil
its humanitarian tasks in that context,
5. reminds all Parties to the Geneva Conventions of their common obligation to
respect and ensure respect for those Conventions in all circumstances and invites
them to support the ICRC in carrying out its humanitarian activities,
6. expresses its conviction that the strict application of the Geneva Conventions could
contribute to the peaceful settlement of conflicts,
7. invites the ICRC to inform all Parties to the Geneva Conventions, in accordance
with the ICRC rules of confidentiality, of the progress made in the respect for and
application of international humanitarian law. (Geneva, 1986, Resolution I)

Protection of the civilian population in armed conflicts


The Twenty-fifth International Conference of the Red Cross,
deeply alarmed by the reports on the activities of the ICRC covering the period
1981 to 1986,
noting that during this period the Movement has had to intervene in more than
thirty armed conflicts,
1088 SECTION III INTERNATIONAL HUMANITARIAN LAW

noting further that most of those conflicts have been of a non-international or


mixed character, only covered in part by existing international humanitarian law,
alarmed by the magnitude of the acts of unnecessary cruelty committed during
these conflicts, often against innocent civilians,
noting that reprisal attacks not limited to military objects have been carried out in
several armed conflicts,
deeply concerned by information that prohibited weapons, including chemical
weapons, have been used in some conflicts,
recalling the many previous resolutions of the International Conferences of the Red
Cross for the protection of civilian populations against indiscriminate warfare and
against the use of certain weapons,
1. appeals to all States which have not yet done so to consider becoming Parties to the
Protocols additional to the Geneva Conventions and to the Convention on
Prohibitions or Restrictions on the Use of Certain Conventional Weapons of 1980,
which both improve the protection of civilian population in armed conflicts,
2. appeals to all Parties to armed conflicts to require of their armed forces to strictly
observe international humanitarian law and rules with regard to the protection of
the civilian population,
3. recommends a universal campaign to make known to all, not only to the armed
forces, but to the civilians, the rights of the latter according to international law,
4. requests the ICRC to intensify its efforts to improve and secure the protection of
non-combatants in non-international or mixed armed conflicts,
5. encourages an expanded use of protective zones in all armed conflicts,
6. recommends also that measures be taken to facilitate the use of modern
telecommunication and rapid response systems as a means of protecting groups at
risk. (Geneva, 1986, Resolution VIII)

Formal commitment by the Movement


to obtain the full implementation of the Geneva Conventions
The Council of Delegates,
recalling Resolutions I, VIII and IX of the Twenty-fifth International
Conference of the Red Cross, held in Geneva in October 1986,
having heard the tribute paid by the Standing Commission of the Red Cross
and Red Crescent, through its Chairman, to the International Committee of the
Red Cross for its humanitarian activity,
recognizing both the efforts made by the ICRC to discharge its mandate to
protect and assist victims of armed conflicts, and the difficulties it encounters in so
doing,
CHAPTER I IMPLEMENTATION OF IHL 1089

concerned about the urgent need to secure the full respect from all governments
of the Geneva Conventions, especially with regard to prisoners of war and civilian
populations,
1. requests the ICRC in particular to pursue and intensify its endeavours to visit
regularly and without any exception all combatants and non-combatants
protected by the Third and Fourth Geneva Conventions,
2. invites the ICRC to take all necessary steps to enable it to protect and assist
civilian victims of indiscriminate attacks, and victims of the use of prohibited
weapons such as chemical weapons,
3. encourages the ICRC in its immensely vital and difficult task, so essential to
ensure universal respect for non-combatants, and assures it of the full support
of all members of the Movement in the accomplishment of its work. (Council of
Delegates, Rio de Janeiro, 1987, Resolution 5)

Humanitarian assistance in situations of armed conflict


The Council of Delegates,
deeply concerned by the suffering of civilian victims of international and non-
international armed conflicts and by the scale of ensuing needs,
recalling that the principle of humanity and the rules of international
humanitarian law recognize the victims right to receive protection and assistance
in all circumstances,
recalling also that States affected by an armed conflict have the primary
responsibility for assisting victims,
stressing that a relief action which is neutral, humanitarian and impartial in
character does not constitute interference in the internal affairs of States,
pointing out that respect for the rules of international humanitarian law, in
particular those protecting the civilian population against the effects of hostilities,
contributes to alleviate the need for food and medical relief,
noting that the destruction of existing infrastructures and the existence of
zones of military operations put specific constraints on the transport and
distribution of humanitarian aid during armed conflict,
stressing the urgency of the needs and the necessity of gaining access rapidly to
the victims in the areas affected by armed conflict,
urges therefore all the parties to an armed conflict and, where applicable, any
High Contracting Party:
a) to respect and ensure respect for the rules of international humanitarian law
protecting the civilian population against the effects of hostilities and, in
particular, those that prohibit the use of starvation of civilians as a method of
combat;
1090 SECTION III INTERNATIONAL HUMANITARIAN LAW

b) to allow free passage of medicines and medical equipment, foodstuffs, clothing


and other supplies essential to the survival of the civilian population of another
Contracting Party, even if the latter is its adversary, it being understood that
they are entitled to ensure that the consignments are not diverted from their
destination;
c) to agree to and cooperate in relief actions which are exclusively humanitarian,
impartial and non-discriminatory in character, within the meaning of the
Fundamental Principles of the International Red Cross and Red Crescent
Movement;
urges the States to support the work of the ICRC and other humanitarian
organizations that are in a position to conduct humanitarian assistance operations
for victims of armed conflict in a neutral and impartial manner;
invites the ICRC to pursue its efforts to ensure that the rules of international
humanitarian law protecting civilians are implemented, in particular the latters right
to receive supplies essential to their survival, in cooperation with National Societies
and in conjunction with all intergovernmental agencies and non-governmental
organizations concerned. (Council of Delegates, Budapest, 1991, Resolution 12)

Protection of the civilian population


against famine in situations of armed conflict
The Council of Delegates,
having taken note with interest of the report submitted by the ICRC on aid to
famine victims during armed conflicts,
deeply concerned by the frequency, extent and duration of famines that have
occurred in such situations in recent years,
noting that, in general, the most severe outbreaks of famine are not due to a lack
of local natural resources, but to the disruption or deliberate destruction of normal
means of production, acquisition and distribution of basic foodstuffs,
noting further that famine tends to become endemic when population movements
and the destruction of vital resources are associated with military operations,
stressing that respect for the rules of international humanitarian law, as codified
or expanded in Articles 23 and 59 to 61 of the Fourth Geneva Convention of 1949,
and Articles 54 and 70 of Additional Protocol I, and Articles 14,17 and 18 of
Additional Protocol II, would in many cases suffice to prevent or reduce the risk of
famine as a result of an armed conflict,
1. reminds the authorities concerned and the armed forces under their command
of their obligation to apply international humanitarian law, in particular the
following humanitarian principles:
the prohibition on starvation of civilians as a method of combat,
the prohibition on attacking, destroying, removing or rendering useless
objects indispensable to the survival of the civilian population,
CHAPTER I IMPLEMENTATION OF IHL 1091

the prohibition on displacing civilians unless their security or imperative


military reasons so demand and, should such displacements have to be
carried out, the stipulation that all possible measures be taken to ensure that
the civilians are received under satisfactory conditions of shelter, hygiene,
health, safety and nutrition,
the obligation to allow humanitarian and impartial relief operations for the
civilian population when supplies essential for its survival are lacking;
2. urges the Parties to armed conflicts to maintain conditions enabling civilians to
provide for their needs, in particular by refraining from taking any measures
destined to deprive them of their sources of food or of access to their crops;
3. invites governments, with the support of the International Red Cross and Red
Crescent Movement, to spread knowledge of and ensure respect for the
principles and rules of international humanitarian law which, if applied in
situations of armed conflict, suffice to avert or limit famine. (Council of
Delegates, Budapest, 1991, Resolution 13)

Involvement of Red Cross and Red Crescent workers in proceedings


related to violations of International Humanitarian Law
The Council of Delegates,
recalling the obligations of States to suppress and repress violations of
international humanitarian law,
noting with great satisfaction the current national and international
developments for more effective repression of breaches of international
humanitarian law,
taking note of the efforts of National Red Cross and Red Crescent Societies
(National Societies) in promoting international humanitarian law in their
countries and encouraging their governments to adopt appropriate national
legislation for the punishment of violations of international humanitarian law,
recalling further the Principles of Neutrality and Impartiality as essential
conditions for the fulfilment of the humanitarian mandate of the Movement,
especially for the activities of the International Committee of the Red Cross
(ICRC),
expressing appreciation for the recognition of the testimonial privilege of the
ICRC in the jurisprudence of the International Criminal Tribunal for the former
Yugoslavia and in the Draft Rules of Procedure and Evidence of the International
Criminal Court,
being aware of the potential dangers for the future work of the Movement if
representatives of any of the components are called upon to give evidence in
proceedings for the punishment of violations of international humanitarian law,
stressing the great importance of a concerted approach of the components of the
Movement on this issue,
1092 SECTION III INTERNATIONAL HUMANITARIAN LAW

1. takes note of the work and consultations of National Societies, the International
Federation of Red Cross and Red Crescent Societies (International Federation)
and the ICRC, regarding the involvement of individual components of the
Movement in proceedings for the punishment of violations of international
humanitarian law;
2. invites the National Societies, together with the International Federation and
the ICRC, to continue their efforts to raise awareness of this issue within the
Movement and with relevant public authorities, explaining the potential risk to
the humanitarian action of all components of the Red Cross/Red Crescent
involvement in proceedings on violations of international humanitarian law;
3. requests the ICRC and the International Federation, together with the National
Societies, to develop appropriate briefing on this issue and to elaborate practical
measures to introduce the issue into the training of Red Cross/Red Crescent
workers and delegates;
4. further invites the National Societies and the International Federation to review
and promote standard clauses in the contracts of Red Cross/Crescent workers
in order to ensure appropriate actions when asked for cooperation;
5. suggests that National Societies, when their delegates or staff are asked for
information obtained during their missions to be used in national or
international procedures for the punishment of violations related to crimes
under international humanitarian law, inform the International Federation and
the ICRC for advice prior to taking further action;
6. encourages States, when ratifying the Statute of the International Criminal
Court, not to make the declaration provided for in Article 124 of this Statute;
7. requests the ICRC and the International Federation to report to the 2003 session
of the Council of Delegates on the progress made. (Council of Delegates,
Geneva 2001, Resolution 9)

See also:
Part Three
Section IV, Doc. VIII Plan of Action concerning children in armed conflict
Part Four
Section IV, Chap IV Assistance and protection for conflict victims

Child soldiers
The Council of Delegates,
recalling that children suffer particular hardship during armed conflicts and that
international humanitarian law in general, and the Geneva Conventions and their
Additional Protocols in particular, afford them special attention and protection,
CHAPTER I IMPLEMENTATION OF IHL 1093

recalling that international humanitarian law, as expressed in Protocol I,


Article 77, and Protocol II, Article 4, sets at fifteen the minimum age for the
participation of children in hostilities, and stipulates that in recruiting persons
between the ages of fifteen and eighteen priority is to be given to those who are oldest,
recalling Resolution IX entitled Protection of children in armed conflicts1 and
Resolution XX entitled Assistance to children in emergency situations2 of the
25th International Conference of the Red Cross,
mindful of Article 38 of the United Nations Convention on the Rights of the
Child3 concerning children in situations of armed conflict,
welcoming the provision of the African Charter on the Rights and Welfare of the
Child, which requires respect for the rules of international humanitarian law
specially protecting children,
having taken note of the report of the Conference on Children of War held in
Stockholm from 31 May to 2 June 1991,
deeply concerned that in many areas of the world children continue to take part
in hostilities and are recruited into armed forces, and that some governments and
armed non-governmental entities encourage and sometimes compel children to
take part in hostilities,
deploring the fact that many child soldiers have been killed or seriously injured
and that others languish as prisoners of war,
concerned that children in areas affected by armed conflict may be induced to
participate in hostilities for lack of alternative means of satisfying their basic needs
of food, clothing and shelter,
also concerned that persons under the age of eighteen years may not be
sufficiently mature to understand the consequences of their actions, and to comply
with international humanitarian law,
recognizing that children who have been caught up in armed conflicts, and
particularly those who have participated in hostilities, are often mentally, morally
and physically marked for life,
deeming it necessary to take steps to afford children better protection during
armed conflicts and to put an end to their participation in hostilities,
1. appeals to all Parties to armed conflicts strictly to observe the rules of
international humanitarian law affording special protection to children;
2. invites States and other parties to armed conflicts to strengthen the protection
of children in armed conflicts through unilateral declarations or bilateral or
regional instruments setting at eighteen the minimum age for participation in
hostilities;

1 See Part Four, Section IV, Chapter IV

2 See Part Four, Section V, Chapter III A

3 Part One, B XVI


1094 SECTION III INTERNATIONAL HUMANITARIAN LAW

3. invites National Red Cross and Red Crescent Societies to do everything possible to
protect children during armed conflicts, particularly by ensuring that their basic
needs are met and by organizing peaceable and educational activities for them;
4. requests the Henry Dunant Institute to undertake a study, subject to financing, on
the recruitment and participation of children as soldiers in armed conflicts, and on
measures to reduce and eventually eliminate such recruitment and participation;
5. decides to re-examine, at the Council of Delegates in 1993, on the basis of the
aforementioned study, the situation of children in armed conflicts. (Council of
Delegates, Budapest, 1991, Resolution 14)

Child soldiers

The Council of Delegates,


recalling Resolution IX entitled Protection of children in armed conflicts of
the 25th International Conference of the Red Cross (1986), and Resolution 14
entitled Child soldiers of the Council of Delegates (1991),
taking note with satisfaction of the study entitled Child soldiers submitted by
the Henry Dunant Institute as requested in the above-mentioned Resolution 14 of
the Council of Delegates (1991),
recalling that the 1949 Geneva Conventions and the 1977 Additional Protocols,
as well as Article 38 of the United Nations Convention on the Rights of the Child,
accord children special protection and treatment,
welcoming the proposed draft optional protocol to the Convention on the Rights
of the Child raising the age limit for participation in hostilities to eighteen years,
deeply concerned that some States fail to take action to avoid the recruitment
and arming of children,
deeply concerned by the great number of children who bear arms in armed
conflicts,
noting that many children are subject to forced recruitment into armed forces,
while others volunteer to participate in armed conflicts for social, economic and
political reasons,
concerned by the fact that consequences for children participating in armed
conflicts include physical and psychosocial damage, as well as injury to family and
community,
stressing the role of adults in preventing the participation of children in armed
forces,
stressing further the responsibility of recruiters and commanders in armed
forces or groups to prevent the recruitment and enrolment of children,
1. urges all components of the International Red Cross and Red Crescent
Movement to assist children exposed to armed conflicts and protect them from
physical and mental injury or abuse;
CHAPTER I IMPLEMENTATION OF IHL 1095

2. appeals to all components of the International Red Cross and Red Crescent
Movement to present and disseminate the study Child soldiers to States,
relevant international organizations and the general public;
3. asks the National Societies to encourage the governments of their respective
countries to ratify the Convention on the Rights of the Child;
4. requests the International Committee of the Red Cross and the International
Federation of Red Cross and Red Crescent Societies, in cooperation with the
Henry Dunant Institute, to draw up and implement a Plan of Action for the
Movement aimed at promoting the principle of non-recruitment and non-
participation of children below the age of eighteen in armed conflicts, and to
take concrete action to protect and assist child victims of armed conflicts;
5. requests the International Committee of the Red Cross and the International
Federation of Red Cross and Red Crescent Societies to report on the progress in
implementing this resolution at the next meeting of the Council of Delegates.
(Council of Delegates, Birmingham, 1993, Resolution 4)

The International Conference for the Protection of War Victims


The Council of Delegates,
deploring the increasing number of armed conflicts, of deliberate violations of
international humanitarian law, and consequently, of war victims,
stressing the importance of the Final Declaration adopted by the International
Conference for the Protection of War Victims held in Geneva from 30 August to
1 September 1993,
noting with satisfaction that in the Final Declaration, States refused to accept
the untold suffering inflicted on war victims in blatant violation of the provisions
of international humanitarian law, and endorsed practical measures to improve the
situation of war victims,
welcoming the reaffirmation by States of their responsibility under Article 1
common to the Geneva Conventions of 1949 to respect and ensure respect for
international humanitarian law,
underlining in particular the States determination:
to disseminate systematically international humanitarian law, especially
among the armed forces,
to take firm action with respect to those States which are responsible for
serious violations of international humanitarian law, to punish war crimes
and to consider setting up an international criminal court,
to support the humanitarian organizations which provide protection and
assistance for the victims of armed conflicts and to improve the security of
their personnel,
to increase respect for the red cross and red crescent emblems,
1096 SECTION III INTERNATIONAL HUMANITARIAN LAW

convinced that it is the duty of all components of the International Red Cross and
Red Crescent Movement to do everything in their power to alleviate the sufferings of
war victims and to work to ensure respect for international humanitarian law,
1. urgently requests the National Societies, the ICRC and the Federation to do
everything possible, through their own action and by mobilizing governments,
to ensure that the Final Declaration of the International Conference for the
Protection of War Victims is followed up by tangible steps which lead to a
substantial improvement in the situation of the victims, and accordingly;
2. calls upon all components of the Movement to continue and to intensify their
action in favour of war victims at the national, regional and international levels;
3. invites
a) all components of the Movement to follow closely the work of the inter-
governmental group of experts entrusted by the International Conference
for the Protection of War Victims with the task of studying practical means
of promoting full respect for and compliance with international
humanitarian law,
b) the ICRC, with the collaboration of the Federation, to give its support to this
group,
c) the Standing Commission, in its preparations for the 26th International
Conference of the Red Cross and Red Crescent, to give due consideration to
the report to be established on the basis of the work of the group of experts;
4. urges all belligerents to abide strictly by international humanitarian law;
5. expresses the hope that the momentum created by the International Conference
for the Protection of War Victims will help strengthen the spirit of solidarity
with all victims of war. (Council of Delegates, Birmingham, 1993, Resolution 2)

Armed protection of humanitarian assistance1


The Council of Delegates,
deeply concerned about the hazardous and dangerous conditions under which
humanitarian assistance has had to be carried out in various disaster areas in recent
years,
realizing the complexity of the issue of armed protection of humanitarian
assistance,
1. appeals to the United Nations and governments when employing military
forces in order to ensure the implementation of United Nations Resolutions to
employ military personnel which have as part of their training been properly
educated in international humanitarian law;

1 See also Part Three, Section III, Chapter III


CHAPTER I IMPLEMENTATION OF IHL 1097

2. recommends that the components of the Movement, when faced with the
possibility of undertaking operations under armed protection, should take into
account the long-term interests of the victims and the Movements
Fundamental Principles;
3. recommends that the ICRC and the Federation urgently convene a joint
working group to articulate Movement policy and practice on the delivery of
humanitarian assistance in disaster areas where United Nations peace-keeping
and peace-making operations are in progress or are likely to occur, and to
transmit the results of the deliberations of that working group to the ICRC and
the Federation, as well as to the Advisory Commission as soon as it is in
operation. (Council of Delegates, Birmingham, 1993, Resolution 5)

Principles of humanitarian assistance


The Council of Delegates,
having examined the report of the Commission on the Red Cross, Red Crescent
and Peace, in particular the point concerning the concept of humanitarian
assistance,
having taken note of the Final Declaration of the International Conference for
the Protection of War Victims and of the reports of the ICRC and the Federation,
bearing in mind the various resolutions of the United Nations General
Assembly and the reports by the Secretary General regarding the new
international humanitarian order,
noting with concern that the recognized institutions of the International Red
Cross and Red Crescent Movement, in particular the International Committee of
the Red Cross, continue to encounter difficulties in implementing humanitarian
protection and assistance operations,
anxious to ensure that humanitarian assistance is not jeopardized by the
confusion that all too often arises in the discharge of the respective and specific
mandates of States and humanitarian organizations,
1. reminds States, in particular, of the basis for and the nature of humanitarian
assistance, as established by international humanitarian law, the Fundamental
Principles and the Statutes of the International Red Cross and Red Crescent
Movement:
a) with respect to victims: the right to be recognized as victims and to receive
assistance,
b) with respect to States: the duty which is in the first instance theirs to
assist people who are placed de jure or de facto under their authority and,
should they fail to discharge this duty, the obligation to authorize
humanitarian organizations to provide such assistance, to grant such
organizations access to the victims and to protect their action,
1098 SECTION III INTERNATIONAL HUMANITARIAN LAW

c) with respect to humanitarian agencies: the right to have access to victims and
to bring them assistance, provided that the agencies respect the basic principles
of humanitarian work humanity, neutrality, impartiality, independence;
2. solemnly reaffirms that access to the victims is the indispensable condition for
humanitarian work, that such access is the ultimate aim of the four principles
mentioned above, and that humanitarian relief operations which are in
conformity with these principles cannot therefore be regarded as constituting
unlawful intervention in the internal affairs of a State;
3. points out that under the humanitarian treaties States undertake to respect and
to ensure respect for all the obligations contained in the instruments which
constitute international humanitarian law in particular, the four Geneva
Conventions of 12 August 1949 and their two Additional Protocols of 1977
and to take steps to put an end to serious violations of international
humanitarian law jointly or individually, in cooperation with the United
Nations and in conformity with the United Nations Charter;
4. requests all National Societies, the ICRC and the Federation to draw the
attention of States to this resolution and to stress, in particular, the duty of States
to implement these principles. (Council of Delegates, Birmingham, 1993,
Resolution 11)

International humanitarian law applicable to armed conflicts at sea


The 26th International Conference of the Red Cross and Red Crescent,
recalling Resolution VII of the 25th International Conference of the Red Cross,
which called for further efforts as to the reaffirmation, clarification and development
of international humanitarian law applicable to armed conflicts at sea,
noting the report by the International Committee of the Red Cross (ICRC) on
this subject,
noting with satisfaction the efforts that have been made at the national level to
draw up manuals specifying the content of international humanitarian law
applicable to armed conflicts at sea,
particularly welcoming the completion of the San Remo Manual on International
Law Applicable to Armed Conflicts at Sea and its accompanying Explanation, and
appreciating the efforts of the International Institute of Humanitarian Law of San
Remo, the ICRC and the experts in the preparation of the Manual and the
Explanation,
1. urges States that have not yet done so to draft manuals on international
humanitarian law applicable to armed conflicts at sea;
2. encourages States to take into account, whenever possible, the provisions of the
San Remo Manual when drafting manuals and other instructions for their naval
forces;
CHAPTER I IMPLEMENTATION OF IHL 1099

3. invites the ICRC, the International Federation of Red Cross and Red Crescent
Societies and the National Red Cross and Red Crescent Societies to promote
knowledge of contemporary international humanitarian law applicable to
armed conflicts at sea. (Geneva 1995, Resolution 3)

Peace, international humanitarian law and human rights


The Council of Delegates,
having taken cognizance of the various interim and progress reports on work
accomplished in areas pertaining to children in armed conflicts, street children,
and the role and attitude of the Movement in regard to arms transfers, anti-
personnel landmines and the security of field personnel,
recalling all the efforts made to foster peace and develop the Movements
contribution to respect for human rights and for international humanitarian law,
and the importance of ensuring the promotion and implementation thereof,
stressing the need to encourage any initiative aimed at promoting indigenous
local capacities for conflict resolution and peace building, tolerance, solidarity,
dialogue and mutual understanding, at combating all forms of discrimination and
at raising awareness of those values,
reaffirming the necessity for the Movement, which upholds such values, to
continue its efforts to spread knowledge of the rules of international humanitarian
law and the principles and ideals of the Movement and to achieve greater respect
for the fundamental rights of the individual,

1. With regard to children affected by armed conflict:


recalling Resolution 2C of the 26th International Conference of the Red Cross
and Red Crescent (1995), recommending that parties to conflict refrain from
arming children under the age of 18 years and take every feasible step to ensure that
children under the age of 18 years do not take part in hostilities, and Resolution 5
of the Council of Delegates (1995) endorsing a Plan of Action for the Red Cross and
Red Crescent Movement concerning children in armed conflicts,
welcoming the resolution adopted by the Organization of African Unity (Sixty-
sixth Ordinary Session of the Council of Ministers, 26-30 May 1997, Harare,
Zimbabwe) condemning recruitment and conscription of children under the age of
18 years,
mindful that the Geneva Conventions of 1949 and their 1977 Additional
Protocols establish protection for children affected by armed conflict and provide
a basis for the Movements services on behalf of these children,
commending the progress made by the ICRC, the National Societies and the
International Federation in implementing the Movements Programme on
Children Affected by Armed Conflict (CABAC),
1100 SECTION III INTERNATIONAL HUMANITARIAN LAW

welcoming the work of the international coordinating group set up to monitor


implementation of the Plan of Action, and the cooperation established between the
Movement and other organizations,
concerned by the number of contexts in which armed conflict is still having a
serious effect on children, and by the resulting need to increase support for
activities on their behalf,
regretting the fact that no international agreement has yet been reached to set at
18 years the minimum age limit for recruitment into armed forces or armed groups
and for participation in hostilities,
1. urges all National Societies, the International Federation and the ICRC to
implement the Plan of Action for the Red Cross and Red Crescent Movement
concerning children in armed conflicts;
2. further urges all National Societies, the International Federation and the ICRC
to support the work of the international coordinating group set up to facilitate
and monitor implementation of the Plan of Action;
3. takes note with interest of the report on progress achieved in implementing the
Plan of Action and requests the international coordinating group to submit a
report to the Council of Delegates in 1999;
4. calls on all the components of the Movement to undertake specific action aimed
at providing all necessary psychological and social assistance to children
affected by armed conflict, and to take every feasible measure to help reintegrate
the children into their families, their communities and their normal
environment after the conflict;
5. appeals to all National Societies to promote the Movements position on the
18-year age limit for recruitment and participation in hostilities, with a view to
encouraging their respective governments to adopt national legislation and
recruitment procedures in line with this position;
6. asks National Societies of countries that have already adopted the 18-year age
limit for recruitment and participation to urge their respective governments to
make their positions known to other governments, and to encourage their
respective governments to participate in and support the process of drafting an
optional protocol to the Convention on the Rights of the Child on involvement
of children in armed conflicts;
7. acknowledges the efforts made by the ICRC and the International Federation to
support and facilitate action by National Societies with regard to this 18-year
age limit and to promote the minimum age limit in the relevant international
fora, and requests them to continue those efforts within the framework of the
Plan of Action for the International Red Cross and Red Crescent Movement
concerning children affected by armed conflict.
CHAPTER I IMPLEMENTATION OF IHL 1101

2. With regard to street children:


deeply concerned about the growing number of street children in the vast
majority of countries and the conditions in which they are forced to live, which
deprive them of their basic rights,
expressing grave concern at all forms of abuse, exploitation and neglect to which
street children are particularly vulnerable,
aware of the capacities and potential of National Societies to advocate the plight
of street children and to contribute to improving their situation and meeting their
particular needs,
recalling Resolution 2, operative para. 5, adopted by the 1995 Council of
Delegates and resolution 51/77, Chapter VI, of the General Assembly of the United
Nations of 12 December 1996, on the plight of street children,
recalling the UN Convention on the Rights of the Child as the major
international legal instrument for the protection of the rights of all children,
including street children,
1. takes note of and congratulates the Henry Dunant Institute for its study on
street children carried out in collaboration with the ICRC and the International
Federation and thanks National Societies which have actively contributed to it;
2. urges National Societies to include street children in their health, social, or
youth programmes, since they are an especially vulnerable group;
3. recommends that National Societies draw inspiration from experiences
developed within the Movement with street children, and strongly encourages
them to cooperate effectively within the Movement and with intergovernmental
and non-governmental organizations which have expertise in this domain;
4. calls upon National Societies to actively take part in advocating the plight of
street children, since this problem is still denied in some countries;
5. invites National Societies to create preventive programmes, to provide
assistance to street children in order to guarantee their rights as set down
notably in the UN Convention on the Rights of the Child, and to ensure their
reintegration into society, with the participation of the children themselves;
6. requests the International Federation to establish a task force on street children
to reinforce awareness of this issue, to draw up and implement a Plan of Action
on the basis of the study of the Henry Dunant Institute, with the aim of
encouraging action by National Societies, and to report back to the next
Council of Delegates.

3. With regard to anti-personnel landmines:


deeply alarmed by the appalling level of suffering caused by the presence of
millions of anti-personnel landmines worldwide,
1102 SECTION III INTERNATIONAL HUMANITARIAN LAW

endorsing the campaign of the International Red Cross and Red Crescent
Movement against the scourge of anti-personnel mines,
noting with appreciation the proposals made by the ICRC to the international
community to greatly improve assistance to landmine victims,
welcoming the increasing number of unilateral decisions to ban anti-personnel
mines and of regional initiatives for the establishment of zones free of these
weapons,
welcoming also the rapid progress being made towards the global prohibition of
the production, transfer, stockpiling and use of anti-personnel mines,
welcoming in particular the Convention on the Prohibition of the Use,
Stockpiling, Production and Transfer of Anti-Personnel Mines and on their
Destruction, adopted in Oslo on 18 September 1997,
taking into account Resolution 10 of the 1995 Council of Delegates,
1. urgently calls upon National Societies to promote the signing by their
governments, in Ottawa in December 1997, of the aforementioned
comprehensive international humanitarian law Convention prohibiting
anti-personnel mines, to work for the earliest possible national ratification of
this treaty to ensure its rapid entry into force, and to encourage their
governments to take all appropriate additional means to achieve the total
elimination of all anti-personnel mines;
2. calls upon National Societies, where required, to encourage their governments
to adopt national legislation outlawing anti-personnel landmines;
3. urges all components of the Movement to intensify their efforts in support of the
total prohibition and elimination of all anti-personnel mines, the care,
treatment and rehabilitation of landmine victims, including their social and
economic reintegration, and mine awareness programmes as foreseen, inter
alia, in Article 6 of the aforementioned Convention;
4. encourages all components of the Movement, when considering support for
mine clearance activities, to follow the guidelines for the Movement on this
subject;
5. requests the ICRC and the International Federation, in consultation with
National Societies, to elaborate a long-term strategy to address the anti-
personnel mines problem, in particular the suffering of victims, and further
develop mine-awareness programmes, thus showing the continuing
commitment of the Movement to the mines issue;
6. requests the ICRC and the International Federation to report to the 1999
meeting of the Council of Delegates on progress made towards the total
prohibition and elimination of all anti-personnel landmines, in alleviating the
suffering of victims, and in elaborating and carrying out the aforementioned
long-term strategy of the Movement.
CHAPTER I IMPLEMENTATION OF IHL 1103

4. With regard to arms transfers:


noting with concern the easy access of combatants and civilians unfamiliar with
the requirements of international humanitarian law to a wide variety of weapons,
particularly small arms, and their frequent use against civilian populations and in
violation of basic humanitarian principles,
recalling Council of Delegates Resolution 2, para. 8, of 1995, which called for
study and clarification of the Movements role and attitude on the problem of arms
transfers,
recalling further the concern about the proliferation of weapons expressed by
the Movement to the 26th International Conference of the Red Cross and Red
Crescent and the Conferences mandate to the ICRC to study the relationship
between arms availability and violations of international humanitarian law,
welcoming the ICRCs discussions with legal advisers of National Societies, in
October 1996, on the subject of arms transfers and international humanitarian law,
taking note of the report to the present Council of Delegates on changing
patterns of arms transfers since the end of the Cold War,
1. expresses its concern about the easy availability of arms which may facilitate
violations of international humanitarian law;
2. supports the ICRCs efforts to document the manner in which unrestrained
arms transfers may facilitate violations of international humanitarian law and
increase the suffering of civilians in situations of armed conflict;
3. requests that the role and attitude of the Movement on this issue be further
clarified, before the next meeting of the Council of Delegates.

5. With regard to the security and safety of the staff of humanitarian organizations:
alarmed by the ever-more frequent threats to the safety and security of Red
Cross and Red Crescent personnel and of the staff of other humanitarian
organizations, in particular through intentional and often fatal violent attacks, as
well as by hostage-taking,
worried that the targeting of acts of violence against neutral and impartial
humanitarian activities is likely to put threatened populations in jeopardy through
lack of protection and assistance,
concerned by the failure to respect the red cross and red crescent emblems in
these situations and aware of the increased risk of confusion in the field between
the humanitarian players and between their different modes of action, and of the
consequent deterioration of security,
reaffirming that humanitarian law also extends protection to the relief work of
impartial and humanitarian organizations which is carried out, without any
adverse distinction, in favour of the civilian population,
1104 SECTION III INTERNATIONAL HUMANITARIAN LAW

aware of the forthcoming Periodical Meeting of States, where the security and
safety of humanitarian personnel will be discussed,
recalling Resolution 9 of the 1995 Council of Delegates,
1. appeals to all components of the Movement to urge States to take all necessary
steps, both nationally and internationally, without prejudice to the
Fundamental Principles, to ensure unimpeded access to vulnerable people;
2. appeals to all components of the Movement to urge States to take all necessary
steps, both nationally and internationally, without prejudice to the
Fundamental Principles, to maximize the security and the safety of
humanitarian workers;
3. reaffirms the obligation, under international humanitarian law, of parties to
armed conflicts to respect and protect relief work and in particular personnel
engaged in relief operations;
4. reaffirms the obligation of the States party to the Geneva Conventions of
August 12, 1949 to adopt national legislation protecting the red cross and red
crescent emblems and the need to broaden awareness of the protective
significance of these emblems by the States and by the components of the
Movement;
5. reminds all components of the Movement of the necessity to adhere strictly to
the Fundamental Principles in all their actions, of their obligations under
Resolution 9 of the 1995 Council of Delegates and of the need to promote clear
and consistent humanitarian principles and standards among all humanitarian
agencies providing assistance and protection;
6. strongly recommends that all components of the Movement further develop
recruitment and training policies and activities, as well as improve their
communication and information networks on these issues;
7. recommends that all components of the Movement working in the field seek and
rely more on informed local knowledge of the safety and security situation;
8. expresses its deepest sympathy to the families of the murdered Red Cross and
Red Crescent staff and volunteers.

6. Follow-up:
decides to continue placing a regular item on its agenda devoted to the
promotion of activities aimed at fostering peace and achieving greater respect for
the rules of international humanitarian law and the fundamental rights of the
individual. (Council of Delegates, Seville, 1997, Resolution 8)
CHAPTER I IMPLEMENTATION OF IHL 1105

Customary international humanitarian law


The Council of Delegates,
reaffirming the undertaking of all States and parties engaged in armed conflict
to respect and ensure respect for international humanitarian law,
recognizing the importance of working toward the universal ratification of
treaties on international humanitarian law,
considering the continued importance of customary international humani-
tarian law in the light of the fact that not all humanitarian treaties have been
universally ratified,
noting that treaty law governing non-international armed conflicts is not well
developed although these conflicts predominate today,
recalling Resolution 1 of the 26th International Conference of the Red Cross and
Red Crescent and the mandate entrusted to the ICRC to prepare a study on
customary rules of international humanitarian law applicable in international and
non-international armed conflicts,
noting with great appreciation the extensive efforts undertaken by the ICRC to
prepare this study in accordance with the above-mentioned mandate,
1. welcomes the study on customary international humanitarian law published by
the ICRC as an important contribution to the protection of war victims;
2. recommends the study to all components of the Movement as a basis for dis-
cussion, where relevant, with national authorities, armed forces, academic
circles and parties to an armed conflict;
3. invites National Societies, to the extent of their capacities, to disseminate the
findings of the study as widely as possible. (Council of Delegates, Seoul, 2005,
Resolution 1)
1106 SECTION III INTERNATIONAL HUMANITARIAN LAW

Reaffirmation and implementation of


international humanitarian law

Preserving human life and dignity in armed conflict

The 30th International Conference of the Red Cross and Red Crescent,
recalling the Declaration and the Agenda for Humanitarian Action adopted by
the 28th International Conference of the Red Cross and Red Crescent, stressing that
these documents remain as pertinent today as they were in 2003, and encouraging
all members of the Conference to continue to work towards their full
implementation,
convinced that international humanitarian law remains as relevant today as ever
before in international and non-international armed conflicts and continues to
provide protection for all victims of armed conflict,
underlining, in this regard, that the protection offered by human rights law does
not cease in the event of armed conflict, save through the effect of provisions for
derogation, recalling that while some rights may be exclusively matters of
international humanitarian law, others may be exclusively matters of human rights
law and yet others may be matters of both these branches of international law, and
emphasizing that human rights law, international humanitarian law and refugee law
provide protection to victims of armed conflict, within their respective spheres of
application,
renewing the unequivocal commitment of all members of the Conference to
respect and ensure respect for international humanitarian law in all circumstances,
stressing, however, that international humanitarian law governs only situations
of armed conflict, and should not be extended to other situations,
welcoming ongoing discussions on international humanitarian law in view of its
reaffirmation and implementation in facing the challenges posed by contemporary
armed conflict,
deeply concerned that civilian populations and individual civilians continue to
bear the brunt of armed conflicts and remain the main victims of violations of
international humanitarian law committed by parties to an armed conflict, and
strongly condemning, in this regard, attacks on civilian objects and civilians not
taking a direct part in hostilities, including humanitarian relief personnel,
journalists, other media professionals and associated personnel, as well as the use
of human shields,
recalling the need to take into account the specific requirements in terms of
protection, health and assistance of women, children, the elderly, the disabled, the
infirm, displaced persons, refugees, persons deprived of their liberty and other
persons with specific needs,
welcoming the universal ratification of the 1949 Geneva Conventions,
expressing the hope that other international humanitarian law treaties will also
CHAPTER I IMPLEMENTATION OF IHL 1107

achieve universal acceptance and calling upon all States to consider adhering to
international humanitarian law treaties to which they are not yet party,
noting the entry into force of Protocol III additional to the 1949 Geneva
Conventions on 14 January 2007,
noting that the principles and provisions of international humanitarian law
derive not only from international treaties, but also from customary international
law,
recalling that the obligation to respect international humanitarian law binds all
parties to an armed conflict, and emphasizing that this obligation is not based on
reciprocity,
welcoming the progress made in the implementation of international
humanitarian law and acknowledging the importance of taking measures at all
levels to achieve effective implementation, dissemination and enforcement of
international humanitarian law,
noting with appreciation the increasing number of partnerships and synergies,
in the fields of implementation, dissemination and development of international
humanitarian law, between States, international and regional organizations, the
ICRC, National Red Cross and Red Crescent Societies and their International
Federation, academic institutions, non-governmental organizations and civil
society,
recalling, in particular, the special responsibilities of National Societies, as
auxiliaries to the public authorities of their respective States in the humanitarian
field, to cooperate with and assist their governments in the dissemination and
implementation of international humanitarian law, including its provisions for the
protection of the emblems,
acknowledging that, while progress has been made, efforts to enforce
international humanitarian law at the domestic and international levels still fall far
short of the requirements of justice, and recognizing that impunity for crimes under
international law is not acceptable and that victims rights can no longer be
disregarded,

Resolves as follows:

Respect and ensure respect


1. reaffirms the obligation of all States and parties to an armed conflict to respect
and ensure respect for international humanitarian law in all circumstances;
2. stresses, in this regard, the obligation of all States to refrain from encouraging
violations of international humanitarian law by any party to an armed conflict
and to exert their influence, to the degree possible, to prevent and end
violations, either individually or through multilateral mechanisms, in
accordance with international law;
1108 SECTION III INTERNATIONAL HUMANITARIAN LAW

Fundamental guarantees
3. reaffirms that all persons in the power of a party to an armed conflict, including
persons deprived of their liberty for reasons related to the armed conflict, are
entitled to the fundamental guarantees established by international
humanitarian law in both international and non-international armed conflict
and that, as a result, no one can be outside the law;
4. stresses that these fundamental guarantees apply without any adverse
distinction based upon race, colour, sex, language, religion or belief, political or
other opinion, national or social origin, wealth, birth or upon status, or on any
other similar criteria;
5. reaffirms, in this regard, the continued importance of full compliance with
Article 3 common to the 1949 Geneva Conventions, which expresses certain
fundamental guarantees, as supplemented by applicable treaty law and
customary international law;
6. reaffirms the obligation of humane treatment for all persons in the power of a
party to an armed conflict, including persons deprived of their liberty for
reasons related to the armed conflict, and the obligation to respect their
personal convictions and religious practices, and reaffirms, in this regard, the
prohibition of murder, torture, whether physical or mental, cruel or inhuman
treatment, outrages upon personal dignity, in particular humiliating and
degrading treatment, corporal punishment, mutilations, medical or scientific
experiments, rape and other forms of sexual violence, the taking of hostages,
enforced disappearance and collective punishments;
7. stresses the vital importance of providing all persons deprived of their liberty
for reasons related to an armed conflict, whether detained or interned, with
procedural safeguards aimed at ensuring that such detention or internment is
lawful and does not amount to arbitrary deprivation of liberty, including a
review of the basis for and continued legality of the detention or internment by
an independent and impartial body, without prejudice to the legal regime
applicable to prisoners of war;
8. reaffirms that all persons subject to arrest on a criminal charge and those on
trial are entitled to a fair trial affording all the essential judicial guarantees,
including the presumption of innocence, trial by an independent, impartial and
regularly constituted court, and necessary rights and means of defence;
9. recognizes that additional, specific protections are provided under international
humanitarian law to prisoners of war and other protected persons, such as
civilian internees;

Humanitarian and medical assistance


10. reaffirms the obligation of parties to an armed conflict, as well as third States, to
grant humanitarian relief and relief workers rapid and unimpeded access to
CHAPTER I IMPLEMENTATION OF IHL 1109

civilian populations in need, subject to and in accordance with international


humanitarian law, including sovereign consent, and further reaffirms, in this
regard, the obligation to respect and to protect humanitarian relief personnel;
11. recalls the obligation to respect and to protect medical personnel, including Red
Cross and Red Crescent workers, their means of transport, as well as medical
establishments and other medical facilities at all times, in accordance with
international humanitarian law, and recognizes the importance of medical
personnel having access to any place where their medical services are required;
12. stresses the obligation of all parties to an armed conflict to recognize and
uphold the protective value of the distinctive emblems recognized by the
Geneva Conventions and, where applicable, their Additional Protocols;
13. deplores the misuse of medical establishments and other medical facilities and
of the distinctive emblems to carry out military operations that place civilians,
the wounded and sick, and medical personnel in danger;

Conduct of hostilities
14. reaffirms the principle of distinction between civilians and combatants and
between civilian objects and military objectives as a cardinal principle of
international humanitarian law to be strictly observed by all parties to armed
conflict at all times, regardless of the motives underlying the armed conflict;
15. reaffirms the prohibition of attacks directed at civilians or civilian objects, the
prohibition of indiscriminate attacks, the principle of proportionality in attack,
the obligation to take all feasible precautions in attack as well as against the
effects of attack and, to protect and spare the civilian population, and the
prohibition on using human shields;
16. reaffirms the prohibition of acts or threats of violence, the primary purpose of
which is to spread terror among the civilian population;
17. reaffirms that the right of the parties to an armed conflict to choose methods
and means of warfare is not unlimited and that it is prohibited to employ
weapons, projectiles and materials and methods of warfare of a nature to cause
superfluous injury or unnecessary suffering;
18. calls on all States to increase their efforts to strengthen the protection of
civilians against the indiscriminate use and effects of weapons and munitions
and recognizes, in this regard, the need to urgently address the humanitarian
impact of explosive remnants of war and cluster munitions, including through
rigorous application of existing rules of international humanitarian law and
additional national and international actions that will minimize the harmful
effects of these munitions on civilians and on assistance to victims;
19. recalls the obligation as expressed in Additional Protocol I (Art. 36) to review
the legality of new weapons, means and methods of warfare and urges all States
to consider establishing specific review mechanisms to this effect;
1110 SECTION III INTERNATIONAL HUMANITARIAN LAW

20. stresses that, in light of the obligation of States to respect and ensure respect for
international humanitarian law, adequate measures to control the availability of
arms and ammunition are required so that they do not end up in the hands of
those who may be expected to use them in violation of international
humanitarian law;

Achieving effective implementation


a. National implementation
21. recalls that the obligation to respect international humanitarian law cannot be
fulfilled without domestic implementation of international obligations and
therefore reiterates the need for States to adopt all the legislative, regulatory and
practical measures that are necessary to incorporate international
humanitarian law into domestic law and practice;
22. emphasizes, in this regard, the need to adopt such measures for the use and
protection of the distinctive emblems, the repression of serious violations of
international humanitarian law, the protection of cultural property, the
regulation of means and methods of warfare and the protection of the rights of
missing persons and their families, among others;
23. acknowledges with satisfaction the effective role and increasing number of
national committees and other bodies involved in advising and assisting
national authorities in implementing, developing and spreading knowledge of
international humanitarian law, and encourages States which have not yet
established such a national committee or similar body to consider doing so;

b. Doctrine, training and education


24. recalls that, in order to ensure respect for international humanitarian law in the
conduct of military operations, it is essential that the law be translated into
measures and mechanisms, at the level both of doctrine and of procedures. It is
equally important that armed forces personnel at all levels be properly trained
in the application of international humanitarian law;
25. stresses, in this regard, the responsibility of military commanders for the
training of their personnel and for the orders they give to their subordinates,
and recalls that it is essential therefore that commanders receive training
commensurate with their responsibility;
26. recalls the importance, to this end, of the availability within the armed forces of
legal advisers to advise commanders, at the appropriate level, on the application
of international humanitarian law;
27. reaffirms that it is equally important that the civilian population be educated
about international humanitarian law and, in this regard, encourages States to
intensify their efforts and, in particular, to adopt educational programmes for
CHAPTER I IMPLEMENTATION OF IHL 1111

young people, such as the Exploring Humanitarian Law education modules,


and encourages National Societies to increase their efforts to spread knowledge
of international humanitarian law in all sectors of society;

c. Ending impunity
28. recognizes that while implementation, training and education are prerequisites
for States to comply with their obligation to respect international humanitarian
law, enforcement, in particular through the rigorous application of the system of
individual responsibility for serious violations of international humanitarian
law, is required to put an end to impunity and to encourage future respect;
29. stresses, in this regard, that it is indispensable that all States create a domestic
legal framework for the investigation of crimes under international law, in
particular war crimes, and for the prosecution or extradition of persons
suspected of having committed such crimes;
30. underlines the importance of visible, predictable and effective sanctions,
whether penal or disciplinary, in order to ensure respect for international
humanitarian law and to deter future violations;
31. urges States to make further progress in promoting accountability for the
commission of crimes under international law by making domestic criminal
justice more effective through, inter alia, assistance to States in developing the
capacities of their domestic courts, by improving international judicial
cooperation among States, as well as between States and international and
mixed criminal courts and tribunals, by considering becoming party to the
Statute of the International Criminal Court and by providing for jurisdiction
over such crimes consistent with international law;
32. encourages the use of fact-finding mechanisms, such as the International Fact-
Finding Commission established under Article 90 of Additional Protocol I, in
restoring respect for international humanitarian law;
33. invites the ICRC, in furtherance of its previously reported efforts, to continue its
reflection and work on improving compliance with international humanitarian
law, and to include, where appropriate, an update in its reporting to the next
International Conference on this issue;
34. reminds States of the need to address victims rights in accordance with
international law;
35. calls upon all members of the Conference to take effective measures to
implement this resolution.
(Geneva, 2007, Resolution 3)
1112 SECTION III INTERNATIONAL HUMANITARIAN LAW

CHAPTER II

ADDITIONAL PROTOCOLS
(RATIFICATION, ACCESSION)

See also:
Part One
International humanitarian law, Section A Geneva Conventions and
Additional Protocols
Part Four
Section I, Chap. I Res. 1 of the 29th International Conference (Geneva
2006), p. 987
Section III, Chap. I Res. VIII, para. 1, of the 25th International Conference
(Geneva, 1986), p. 1088

The Protocols additional to the Geneva Conventions


The Twenty-fifth International Conference of the Red Cross,
recalling Resolution VII adopted by the Twenty-fourth International Conference of
the Red Cross,
having examined the ICRC report on signatures, ratifications and accessions to the
Protocols additional to the Geneva Conventions of 1949, adopted by consensus on
8 June 1977 at the Diplomatic Conference in Geneva,
confirming the interest of the International Conference in the reaffirmation and
development of international humanitarian law applicable in armed conflicts,
mindful of the need for consolidating and implementing the existing body of
international humanitarian law and for the universal acceptance of such law,
particularly mindful of the need to protect the civilian population against the
effects of hostilities and of the role of the ICRC, National Red Cross and Red Crescent
Societies and civil defence organizations in this respect,
1. appreciates the virtually universal acceptance of the Geneva Conventions of 1949,
2. notes, however, the fact that so far a more limited number of States have become
Parties to the two Additional Protocols,
3. appeals to all States Parties to the Geneva Conventions of 1949 to consider
becoming Party also to the Additional Protocols at the earliest possible date,
4. calls upon all States becoming Parties to Protocol I to consider making the decla-
ration provided for under Article 90 of that Protocol,
5. requests the ICRC, within its statutory mandate and in cooperation with National
Societies, to promote knowledge of the Additional Protocols for the purpose of
realizing the above objectives. (Geneva, 1986, Resolution II)
CHAPTER III NATIONAL MEASURES TO IMPLEMENT IHL 1113

CHAPTER III

NATIONAL MEASURES TO IMPLEMENT


INTERNATIONAL HUMANITARIAN LAW

National measures to implement international humanitarian law


The Twenty-fifth International Conference of the Red Cross,
conscious of the fact that the Parties to the Geneva Conventions and the
Additional Protocols have undertaken to respect and also to ensure respect for these
instruments in all circumstances,
recalling the duty of the States Parties to communicate to one another, through the
depository and, during hostilities, through the Protecting Powers, the official
translations of the Conventions and the Additional Protocols, as well as the laws and
regulations they may adopt to ensure their application,
having examined the document presented by the ICRC on Respect for
international humanitarian law National measures to implement the Geneva
Conventions and their Additional Protocols in peacetime,
reaffirming that the very applicability of international humanitarian law depends
largely upon the adoption of appropriate national legislation,
1. urges governments of States Parties to the Geneva Conventions and, as the case
may be, to the Additional Protocols to fulfil entirely their obligation to adopt or
supplement the relevant national legislation, as well as to inform one another, as
stated above, of the measures taken or under consideration for this purpose,
2. invites National Societies to assist and cooperate with their own governments in
fulfilling their obligation in this respect,
3. appeals to governments and National Societies to give the ICRC their full support
and the information to enable it to follow up the progress achieved in legislative and
other measures taken for the implementation of international humanitarian law,
4. requests the ICRC to gather and assess the said information, and to report
regularly to the International Conferences of the Red Cross and Red Crescent on
the follow-up to the present resolution. (Geneva, 1986, Resolution V)

International humanitarian law: from law to action


Report on the follow-up to the International Conference
for the Protection of War Victims
The 26th International Conference of the Red Cross and Red Crescent,
noting with great concern the increasing number of armed conflicts taking place
in various parts of the world,
1114 SECTION III INTERNATIONAL HUMANITARIAN LAW

alarmed by the gross and persistent violations of international humanitarian


law that are being committed, particularly against civilians, including the most
vulnerable,
deeply concerned about the grief and suffering resulting from such violations,
deploring the decrease in respect for international humanitarian law,
noting that States party to the 1949 Geneva Conventions and States party to the
1977 Additional Protocols have the obligation not only to respect but also to ensure
respect for those Conventions and Protocols, and that all States must respect
relevant customary international humanitarian law,
recalling that, in cases not covered by international agreements, the human
person remains under the protection of the principles of humanity and the dictates
of the public conscience,
convinced that all appropriate measures must be taken in order that all should
know and understand the fundamental principles of international humanitarian
law,
recalling that the Swiss Government convened in Geneva an International
Conference for the Protection of War Victims, from 30 August to 1 September 1993,
and an Intergovernmental Group of Experts for the Protection of War Victims,
from 23 to 27 January 1995,
having taken note of the report of the Chairman of the Intergovernmental
Group of Experts for the Protection of War Victims,
noting the document drawn up by the Swiss authorities on meetings of the
States party to the 1949 Geneva Conventions to consider general problems
regarding the application of international humanitarian law (Document
95/C.I/2/3),
stressing the importance of holding the International Conference of the Red
Cross and Red Crescent at regular intervals to help improve the protection of war
victims,
1. strongly condemns the violations of international humanitarian law taking place
in various parts of the world;
2. solemnly reaffirms that every State must respect in all circumstances the relevant
principles and norms of humanitarian law and that States party to the 1949
Geneva Conventions and States party to the 1977 Additional Protocols must
ensure respect for the Conventions and Protocols;
3. endorses the Final Declaration of the International Conference for the
Protection of War Victims, adopted on 1 September 1993, which confirms the
need to reinforce implementation of and respect for international humanitarian
law and which is attached to the present Resolution;
4. also endorses the Recommendations drawn up by the Intergovernmental Group
of Experts which aim at translating the Final Declaration of the Conference into
concrete and effective measures and which are attached to the present Resolution;
CHAPTER III NATIONAL MEASURES TO IMPLEMENT IHL 1115

5. strongly urges States to implement the Recommendations addressed to them,


especially by adopting appropriate measures at the national and international
level and supporting international organizations working in this field, and invites
them to consider further steps towards the effective protection of war victims;
6. encourages States and National Red Cross and Red Crescent Societies (National
Societies) to organize meetings, workshops and other activities on a regional
basis to enhance the understanding and implementation of international
humanitarian law;
7. recommends that the outcome of meetings convened by the Depositary of the
1949 Geneva Conventions, including those mentioned in Recommendation VII
of the Intergovernmental Group of Experts, be transmitted to the next
International Conference of the Red Cross and Red Crescent as well as to States
party to those Conventions;
8. urges the International Committee of the Red Cross (ICRC), the International
Federation of Red Cross and Red Crescent Societies (International Federation)
and the National Societies to carry out the tasks entrusted to them by the
Recommendations and calls upon States to give them adequate support in this
regard;
9. invites States to respond generously to the annual Appeal made jointly by the
ICRC and the International Federation in pursuance of Recommendation VIII of
the Intergovernmental Group of Experts for the financing of concrete dissemina-
tion projects proposed by National Societies, to support financially the dissemi-
nation component of regular relief and development programmes of the ICRC
and of the International Federation, and to support domestic dissemination pro-
grammes of the National Societies of their respective countries;
10. invites the ICRC, in cooperation with the International Federation, to report
to the 27th International Conference on the implementation of the present
Resolution. (Geneva, 1995, Resolution 1)

National implementation of international humanitarian law


The Council of Delegates,
recalling Resolution 1 of the 26th International Conference of the Red Cross and
Red Crescent (1995), entitled International humanitarian law: From law to action.
Report on the follow-up to the International Conference for the Protection of War
Victims,
stressing the importance of implementation of international humanitarian law
at the national level,
noting that all States must take national measures to implement international
humanitarian law, including dissemination to the armed forces and to the general
public, the adoption of legislation to punish war crimes and protect the use of the
red cross/red crescent emblems, and other relevant measures,
1116 SECTION III INTERNATIONAL HUMANITARIAN LAW

1. welcomes the valuable contribution of the ICRCs Advisory Service in assisting


States with the adoption of national measures to implement international
humanitarian law, in promoting the exchange of information on such measures,
and in encouraging the ratification of international humanitarian law treaties;
2. reaffirms the special role of National Societies in cooperating with their
governments in the implementation and dissemination of international
humanitarian law;
3. welcomes the work of many National Societies in drawing the attention of their
respective governments to the need for legislation and other measures to be
adopted nationally in order to implement international humanitarian law, in
assisting their governments in adopting such measures, and in promoting the
ratification of international humanitarian law treaties;
4. encourages all National Societies to promote the adoption of implementation
measures at the national level and to cooperate regionally and internationally
with other National Societies, with the International Federation of Red Cross
and Red Crescent Societies and with the ICRC in this field;
5. notes the valuable role played by existing national committees for the implemen-
tation of international humanitarian law in advising and assisting their govern-
ments on implementation and dissemination of international humanitarian law;
6. encourages all National Societies to make every effort to promote the
establishment of national committees and, where such committees already
exist, to play an appropriate role in their work;
7. takes note of the proposal to establish a voluntary review procedure on national
implementation of international humanitarian law;
8. invites National Societies to examine the proposal with their respective
governments. (Council of Delegates, Seville, 1997, Resolution 4)

International Criminal Court


The Council of Delegates,
deeply alarmed by the large-scale and continuing violations of international
humanitarian law, both in international and in non-international armed conflicts,
recalling the obligation of States to repress violations of international
humanitarian law and of the Convention on the Prevention and Punishment of the
Crime of Genocide,
recalling also resolution 2 of the 26th International Conference of the Red Cross
and Red Crescent, which urges States to increase international efforts to
permanently establish an international criminal court,
considering the efforts already undertaken to that end, and, in particular, the
planning of an international diplomatic conference in Rome in 1998, to set up such
an international criminal court,
CHAPTER III NATIONAL MEASURES TO IMPLEMENT IHL 1117

considering also the efforts of the ICRC to further the establishment of an


effective and impartial international criminal court,
1. invites National Societies to support all these efforts and to promote the
creation of such a court, while at the same time encouraging States to comply
with their existing obligation under international humanitarian law to repress
violations of this law and of the Convention relating to the crime of genocide;
2. requests the ICRC, in consultation with the International Federation, to follow
developments closely, to actively keep National Societies informed, and to
report to the 1999 meeting of the Council of Delegates on progress made in
establishing an international criminal court. (Council of Delegates, Seville,
1997, Resolution 5)

International Criminal Court


The Council of Delegates,
deeply alarmed by the large-scale and continuing violations of international
humanitarian law, both in international and in non-international armed conflicts,
recalling the obligation of States to suppress and repress violations of
international humanitarian law,
noting with great satisfaction the adoption of the Rome Statute for the creation
of the International Criminal Court as a complementary tool for a more effective
repression of war crimes,
considering the efforts already undertaken by the Preparatory Commission for
the International Criminal Court with a view to draft the Elements of Crime and
the Rules of Procedure and Evidence,
taking note with appreciation of the previous contributions of the ICRC and the
International Federation to the negotiating process and the on-going efforts of the
ICRC, especially to assist States in the drafting of the Elements of War Crimes,
1. invites National Societies to support all these efforts and to promote the
ratification of the Rome Statute without making the declaration under Art. 124
of the Rome Statute, while at the same time encouraging States to comply with
their existing obligation under international humanitarian law to suppress and
repress violations of this law;
2. requests the ICRC to continue to participate actively in the on-going
negotiations in the Preparatory Commission, especially to work that the
acquis with regard to international humanitarian law are properly reflected in
the document on the Elements of Crimes;
3. further requests the ICRC, in consultation with the International Federation, to
follow developments closely, to actively keep National Societies informed, and
to report to the 2001 session of the Council of Delegates on progress made in
establishing an International Criminal Court. (Council of Delegates, Geneva,
1999, Resolution 11)
1118 SECTION III INTERNATIONAL HUMANITARIAN LAW

Protection of cultural property in the event of armed conflict


The Council of Delegates,
deeply alarmed at the destruction of monuments, works of art, manuscripts and
books and other objects of cultural property during armed conflicts,
recognising that cultural property, monuments and cultural heritage are
essential elements of the identity of peoples, the importance of their preservation
as part of the cultural heritage of the world and as part of promoting mutual
understanding and peace, and the protection afforded to cultural property under
criminal law,
noting that protection of cultural property during armed conflicts is enhanced
by adherence to the relevant rules of international humanitarian law, in particular,
the 1954 Hague Convention for the Protection of Cultural Property in the Event of
Armed Conflict and its two Protocols of 1954 and 1999,
recalling the Plan of Action of the 27th International Conference of the Red
Cross and Red Crescent and relevant resolutions of earlier International
Conferences which call upon States to consider becoming party to relevant treaties
concluded since the adoption of the 1949 Geneva Conventions to enhance the
universal character of international humanitarian law,
recognising that many of the rules contained in the 1954 Hague Convention and
its two Protocols of 1954 and 1999 require implementation in peacetime in order to
be effective during situations of armed conflict,
recalling the special role of the International Committee of the Red Cross
(ICRC) and of National Red Cross and Red Crescent Societies (National Societies)
in the promotion, dissemination and implementation of international
humanitarian law,
1. notes with appreciation the increasing role of the ICRC, in cooperation with
UNESCO, in encouraging ratification and implementation of the Hague
Convention and its Protocols;
2. encourages National Societies to include the Hague Convention and its
Protocols in their activities to promote, disseminate and implement
international humanitarian law, either on their own initiative or in cooperation
with their governments;
3. invites the States that have not yet done so to become party to the relevant
treaties concluded since the 1949 Geneva Conventions, in particular the
1954 Hague Convention and its two Protocols, with a view to strengthening the
universality of international humanitarian law. (Council of Delegates, Geneva
2001, Resolution 11)
CHAPTER IV DISSEMINATION OF IHL 1119

CHAPTER IV

DISSEMINATION OF INTERNATIONAL HUMANITARIAN LAW

See also:
Part Three
Section I Fundamental Principles
Part Four
Section I, Chap. III Res. XXVI, d, of the 25th International Conference
(Geneva, 1986), p. 1029
Section III, Chap. I Res. VIII, para. 3, of the 25th International Conference
(Geneva, 1986), p. 1088
Res. 13, para. 3, of the Council of Delegates (Budapest,
1991), p. 1091
Section IV, Chap. IV Res. IX, para. 1, of the 25th International Conference
(Geneva, 1986), p. 1147
Section IV, Chap. IV D Res. XVII, para. 2, of the 25th International Conference
(Geneva, 1986), p. 1152
Res. 9, b, of the Council of Delegates (Budapest, 1991),
p. 1155
Section IV, Chap. V Res. XIV of the 23rd International Conference
(Bucharest, 1977), p. 1201
Section VI, Chap. V Res. 20 of the Council of Delegates (Geneva, 1963),
p. 1252

Dissemination of knowledge of international humanitarian law


and of the Red Cross principles and ideals
The XXIVth International Conference of the Red Cross,
having with satisfaction taken cognizance of the work accomplished by the ICRC,
the League, the National Societies and the Henry Dunant Institute for the
implementation of Resolution VII of the XXIIIrd International Conference of the Red
Cross, including the drawing up of a Programme of Action of the Red Cross with
respect to dissemination of knowledge of international humanitarian law and of the
principles and ideals of the Red Cross,
mindful that, pursuant to Articles 47, 48, 127 and 144 of, respectively, the First,
Second, Third and Fourth 1949 Geneva Conventions and to Article 83 of the 1977
Protocol I and Article 19 of the 1977 Protocol II, the States Parties have undertaken a
commitment to disseminate knowledge of these treaties as widely as possible, an
obligation of which, moreover, they were reminded by Resolution 21 on the
dissemination of knowledge of international humanitarian law applicable in armed
1120 SECTION III INTERNATIONAL HUMANITARIAN LAW

conflicts adopted by the Diplomatic Conference on the Reaffirmation and


Development of International Humanitarian Law Applicable in Armed Conflicts,
1. urges the Governments of States Parties to the Geneva Conventions and, as the
case may be, to the 1977 Protocols, to fulfil entirely their obligation to disseminate
knowledge of international humanitarian law among their armed forces,
ministries, academic circles, schools, medical professions and general public, in
particular by encouraging the establishment of joint committees representing the
appropriate ministries and National Red Cross and Red Crescent Societies to
develop such activities,
2. notes the special responsibilities of National Societies to assist their Governments
in this work and invites National Societies, in cooperation with the ICRC, the
League and with the assistance of the Henry Dunant Institute, to train national
officials to be responsible for dissemination, and to cooperate also with their
authorities, especially on the joint committee on dissemination,
3. asks the ICRC and the League, each within its own sphere, to help National
Societies to draw up and implement national and regional, dissemination
programmes,
4. requests the ICRC and the League to report jointly to the next meeting of the
Council of Delegates and to the XXVth International Conference of the Red Cross
on international, regional and national dissemination action, and on the follow-
up of the present resolution. (Manila, 1981, Resolution X)

International courses on law applicable in armed conflicts


The Twenty-fifth International Conference of the Red Cross,
considering that States Parties to the Geneva Conventions have the duty of
disseminating as widely as possible the provisions of these treaties and the other rules
of international law applicable in armed conflicts, particularly among their respective
armed forces,
considering also that many members of the armed forces still have little or no
knowledge of the Conventions and other rules,
noting with satisfaction the efforts already made by the ICRC to help the
competent national authorities to train officers responsible for providing instruction,
within their respective national armed forces, on the Geneva Conventions and the
other rules of international law applicable in armed conflicts,
noting the need for the ICRC to continue supporting States with a view to enabling
them to meet their obligation, under the Conventions, to disseminate and thereby help
to ensure respect for the Conventions and other rules,
1. invites the competent national authorities to step up their efforts systematically to
include the teaching of the Geneva Conventions and the other rules of
international law applicable in armed conflicts in programmes of military
instruction,
CHAPTER IV DISSEMINATION OF IHL 1121

2. encourages the ICRC to continue organizing or sponsoring, on a regular basis,


international courses on the Conventions and other rules for members of the
armed forces, such as the courses organized by the International Institute of
Humanitarian Law in San Remo,
3. recommends the ICRC to adapt the programmes of these international courses to
the respective needs of jurists who have to interpret the above-mentioned rules,
and of other commanding officers and senior staff officers of various military
academies and military units,
4. encourages all States to send armed forces jurists and officers to the international
courses organized either by the ICRC or under its patronage,
5. recommends that all States organize such courses on a systematic and continuous
basis in their national military institutions, bearing in mind the international
courses which are given in this field, to achieve some standardization of the
teaching of the Conventions and other rules on an international scale. (Geneva,
1986, Resolution VI)

See also:
Section I, Chap. IV The Movement and Peace

Information and dissemination of international humanitarian law


as a contribution to peace
The Council of Delegates,
recalling resolutions on the dissemination of international humanitarian law
adopted by previous International Conferences of the Red Cross,
convinced that the dissemination of international humanitarian law and of the
Fundamental Principles cannot be dissociated from propagation of a spirit of peace
and that it constitutes a major contribution by the Movement to peace,
noting, moreover, the need for the Movements role in promoting peace to be
made better known,
1. encourages National Societies which have not already done so to appoint
officers to disseminate international humanitarian law and the Fundamental
Principles and to make approaches to the authorities with a view to setting up
joint committees composed of representatives of the relevant ministries and
National Societies,
2. invites the entire Movement to continue and expand its activities for the
dissemination of knowledge of international humanitarian law and the
Fundamental Principles in various circles, including young people, nationally,
regionally and internationally,
1122 SECTION III INTERNATIONAL HUMANITARIAN LAW

3. encourages the Commission on the Red Cross, Red Crescent and Peace to take
all necessary steps to improve ways and means of making better known and
understood, the role of the, Movement in favour of peace by pointing out the
connection between disseminating international humanitarian law and the
Movements Fundamental Principles and developing a spirit of peace,
4. requests the Commission to hold its second 1988 session (with participation
extended to include dissemination and information specialists from National
Societies and communication experts) in the framework of which the host
Society, i.e. the Alliance of Red Cross and Red Crescent Societies of the USSR,
the ICRC and the League would organize a seminar in order to implement the
objective set out in the previous paragraph. (Council of Delegates, Rio de
Janeiro, 1987, Resolution 4)

Dissemination of international humanitarian law


and of the principles and ideals of the Movement
The Council of Delegates,
having taken note of the joint ICRC/Federation report on the many
dissemination activities carried out since 1977 by the National Societies, the ICRC,
the Federation and the Henry Dunant Institute, and on the implementation of the
recommendations contained in Resolution IV of the 25th Conference,
stressing once again that responsibility for the dissemination and teaching of
international humanitarian law lies mainly with the States, by virtue of the
obligations set out in the four Geneva Conventions of 1949 and their two
Additional Protocols of 1977,
deploring the fact that there are still too many violations of international
humanitarian law,
recalling that the dissemination of international humanitarian law and of the
principles and ideals of the Red Cross and Red Crescent is one of the Movements
permanent activities and aims to:
limit the suffering caused by armed conflicts and other situations of violence,
make certain that humanitarian work may proceed safely, by ensuring that the
emblems of the red cross and red crescent are respected,
strengthen the image of the Movement, and
contribute to promoting a spirit of peace,
1. adopts the Guidelines for the 90s1 and recommends that they be circulated as
widely as possible;
2. urges the States fully to discharge their treaty obligations so that international
humanitarian law may be known, understood and respected at all times;

1 See below.
CHAPTER IV DISSEMINATION OF IHL 1123

3. reiterates the recommendation that National Societies appoint and train


dissemination experts, and cooperate with their countries authorities,
particularly within the framework of joint dissemination committees;
4. invites the ICRC, in cooperation with the Federation, to maintain and if possible
increase its support for dissemination activities and national and regional
dissemination programmes. (Council of Delegates, Budapest, 1991, Resolution 8)

DISSEMINATION OF INTERNATIONAL HUMANITARIAN LAW


AND OF THE MOVEMENTS PRINCIPLES AND IDEALS

GUIDELINES FOR THE 90s

adopted by the Council of Delegates (Budapest, 1991)

1. Definition
Dissemination is the spreading of knowledge of international humanitarian
law (IHL) and of the Fundamental Principles and ideals of the Movement so that
they may be understood, accepted and respected; it is also intended to facilitate
humanitarian work.

2. Objectives
2.1 Through a knowledge of and respect for IHL, to limit the suffering caused
by armed conflicts and by situations of disturbances and tension.
2.2 To ensure that humanitarian activities are carried out in safe conditions
and in particular that Red Cross/Red Crescent (RC) staff are respected so that
effective assistance can be provided to the victims.
2.3 To strengthen the Movements identity and image, to enhance its unity
through promoting knowledge and understanding of its principles, history,
structures and activities.
2.4 To help propagate a spirit of peace.

3. Recommendations
What?
3.1 The subject matter for dissemination comprises two main topics:
a) IHL, in particular the four 1949 Geneva Conventions and their two 1977
Additional Protocols;
b) The Fundamental Principles, the Movements ideals, its activities and its
historical background.
1124 SECTION III INTERNATIONAL HUMANITARIAN LAW

In certain cases, it may be useful to link the dissemination of IHL with that of
other branches of law, such as human rights or refugee law.
The choice of dissemination material and the degree of detail appropriate
depend on the objective, the audience and the social and cultural context:
IHL or the law of armed conflicts or the law of war is in general the primary
topic for dissemination among the military, in government circles and in
universities;
dissemination programmes for National Societies and young people should
focus on the Fundamental Principles and the RC ideals and on the general
principles of IHL;
since the role of journalists is to inform, they are especially interested in
humanitarian work and in facts concerning ongoing operations and the
application of IHL.
In countries which are not yet bound by certain IHL treaties, in particular the
1977 Additional Protocols, one of the primary objectives of dissemination must be
to persuade the States concerned to ratify or accede to those treaties.
Comments and examples relevant to each specific culture or society should be
added for the sake of effectiveness, with due regard to the universal nature of IHL
and the Fundamental Principles.

By whom?
3.2 By virtue of IHL and the Statutes of the Movement, dissemination is
primarily the responsibility of:
the military and civilian authorities, whose task it is to implement IHL treaties;
all the National Societies, which must provide training for their own members
and to encourage, assist and, when necessary, stand in for the State authorities;
the ICRC, whose mandate includes upholding the Fundamental Principles and
promoting and developing IHL and which has the primary responsibility for
dissemination at the international level;
the Federation, which assists the ICRC in the promotion and development of
IHL and cooperates with it in the dissemination of both this body of law and the
Fundamental Principles amongst the National Societies.
Over and above those special responsibilities, all persons and organizations
concerned have a moral (and in some cases a legal) responsibility to promote the
essentials of IHL according to their means, circumstances and mandates.

For whom?
3.3 In 1986, eight main target groups were identified, namely:
the armed forces
National Societies
CHAPTER IV DISSEMINATION OF IHL 1125

government circles
universities
schools
medical circles
the mass media
the general public.
This list is still valid, but it is necessary to narrow it down to the groups that the
Movement should preferably focus on over the next few years, namely:
the armed forces and other authorities responsible for applying IHL;
National Society leaders, staff and volunteers;
young people and teachers.
The attention to be devoted to other target groups must be determined at the
national and local levels according to short- and long-term humanitarian
requirements and resources that are already available or can be mobilized.
The media will always constitute a priority in terms of the Movements public
relations activities, considering their impact on the public at large and their role in
enhancing the image of the Movement and its components.
Target groups that are not listed above but may become a priority depending
on the circumstances are, for example, governmental and non-governmental
organizations and certain categories of victims.
Training National Society staff and volunteers requires considerable and
persistent effort if National Societies are to remain or become effective participants in
the Movements overall dissemination programme and useful partners of the ICRC or
the Federation, possibly even of government authorities, in seeing it through.
In many countries National Society dissemination projects must focus
primarily on young people and teachers.
How?
3.4 The golden rule is to use the means of communication and teaching methods
and aids best suited to a particular cultural environment and level of knowledge
and the resources available.
Each National Society, on its own or in cooperation with the authorities
concerned, should first of all assess the needs and resources required and then draw
up a plan of action which should be dynamic but remain realistic.
Dissemination as an end in itself is not productive. It must be related to and/or
reflect other community-oriented activities carried out by the National Societies.
The objective of setting up or strengthening dissemination activities or units
within each National Society must be maintained.
The complementarity of dissemination, information and public relations
objectives and activities must be taken into account and strengthened.
1126 SECTION III INTERNATIONAL HUMANITARIAN LAW

Since resources are always limited, emphasis should be placed on training


teachers and instructors.
Voluntary support and cooperation should be sought from experts such as
lawyers, officers, teachers and public relations specialists.
With help from the Federation, the ICRC must continue to produce and supply
material and devise methods that can be used in most countries.
Priority should be given to the most suitable methods and means of developing
local initiatives and projects.
Financial, technical or educational considerations are undoubtedly major
aspects of dissemination work, but sensitivity, imagination, creativity and
dedication are by far its most important components.

CHAPTER V

DEVELOPMENT OF INTERNATIONAL HUMANITARIAN LAW

See also:
Part Three
Section IV, Doc. VI Movement Strategy on Landmines
Part Four
Section I, Chap.IV The Movement, weapons and disarmament
Res. 1 Board of Governors, Oslo, 1954, p. 1030
Res. XIV, 21st International Conference, Istanbul, 1969,
p. 1031
Res. XIII, 24th International Conference, Manila, 1981,
p. 1032
Res. 1 of the Council of Delegates (Geneva, 1983), p. 1033
Section IV, Chap. V Res. X, para. 2, of the 25th International Conference
(Geneva, 1986), p. 1204

Protection of the civilian population


against the dangers of indiscriminate warfare
The XXth International Conference of the Red Cross,
in its endeavours for the protection of the civilian population, reaffirms Resolution
No. XVIII of the XVIIIth International Conference of the Red Cross (Toronto, 1952),
which, in consideration of Resolution No. XXIV of the XVIIth International Red Cross
Conference (Stockholm, 1948) requested Governments to agree, within the framework
of general disarmament, to a plan for the international control of atomic energy which
CHAPTER V DEVELOPMENT OF IHL 1127

would ensure the prohibition of atomic weapons and the use of atomic energy solely
for peaceful purposes,
thanks the International Committee of the Red Cross for the initiative taken and
the comprehensive work done by it in defining and further developing international
humanitarian law in this sphere,
states that indiscriminate warfare constitutes a danger to the civilian population
and the future of civilization,
solemnly declares that all Governments and other authorities responsible for
action in armed conflicts should conform at least to the following principles:
that the right of the parties to a conflict to adopt means of injuring the enemy is
not unlimited;
that it is prohibited to launch attacks against the civilian populations as such;
that distinction must be made at all times between persons taking part in the
hostilities and members of the civilian population, to the effect that the latter be
spared as much as possible;
that the general principles of the Law of War apply to nuclear and similar
weapons;
expressly invites all Governments who have not yet done so to accede to the Geneva
Protocol of 1925 which prohibits the use of asphyxiating, poisonous, or other gases, all
analogous liquids, materials or devices, and bacteriological methods of warfare,
urges the ICRC to pursue the development of International Humanitarian Law in
accordance with Resolution No. XIII of the XIXth International Red Cross
Conference, with particular reference to the need for protecting the civilian population
against the sufferings caused by indiscriminate warfare,
requests the ICRC to take into consideration all possible means and to take all
appropriate steps, including the creation of a committee of experts, with a view to
obtaining a rapid and practical solution of this problem,
requests National Societies to intervene with their Governments in order to obtain
their collaboration for an early solution of this question and urges all Governments to
support the efforts of the International Red Cross in this respect,
requests all National Societies to do all in their power to persuade their
Governments to reach fruitful agreements in the field of general disarmament.
(Vienna, 1965, Resolution XXVIII)

Weapons of mass destruction


The XXIIIrd International Conference of the Red Cross,
recalling that, in compliance with the fundamental principle of humanity
adopted by the XXth International Conference (Vienna, 1965), the International
Red Cross is called upon to carry out its humanitarian mission aimed at protecting
the life and health of man, to prevent and alleviate suffering and contribute to
lasting peace throughout the world,
1128 SECTION III INTERNATIONAL HUMANITARIAN LAW

confirming the resolutions promoting peace and condemning the arms race, in
particular Resolutions Nos XXIV, XVIII, XVIII, XXVIII and XIV, respectively
adopted by the XVIIth, XVIIIth, XIXth, XXth and XXIst International Conferences
of the Red Cross,
expressing it deep concern about the dangers threatening universal peace and
security, the life and health of man as a result of the existence and the develop-
ment of weapons of mass destruction,
noting that these weapons are in contradiction to the aspirations of all men of
good will for the further relaxation of international tension and the establishment
of a lasting peace in the world,
invites all governments to take urgent measures to reach agreement on the
prohibition of weapons of mass destruction,
invites the ICRC to pursue its efforts to contribute to ensuring the better
protection of the civilian population, in particular by paying special attention to
the need for protecting it from the sufferings resulting from the use of weapons of
mass destruction,
asks National Societies to reinforce their cooperation with their governments
with a view to solving this problem in good time and calls on all governments to
support the efforts of the International Red Cross in this field. (23rd International
Conference, Bucharest, 1977, Resolution XII)

Conventional weapons
The XXIVth International Conference of the Red Cross,
recalling the general principle of the protection of the civilian population against the
effects of hostilities, the principle of international law that the right of the Parties to an
armed conflict to choose methods or means of warfare is not unlimited, and the principle
that prohibits the employment in armed conflicts of weapons, projectiles and material
and methods of warfare of a nature to cause superfluous injury or unnecessary suffering,
recalling the deliberations on the use of certain conventional weapons by an
ad hoc Committee of the Diplomatic Conference on the Reaffirmation and
Development of International Humanitarian Law Applicable in Armed Conflicts,
Geneva (1974-1977), and, amongst others, the Conferences of Government experts
held at Lucerne (1974) and Lugano (1976) under the auspices of the ICRC,
recalling also Resolution 22 of the Diplomatic Conference on the Reaffirmation
and Development of International Humanitarian Law Applicable in Armed Conflicts,
1. notes with satisfaction the adoption by a United Nations Conference, on 10 October
1980, of a 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 and of its annexed Protocols, and the adoption by this
Conference, at its 1979 session, of a Resolution on small-calibre weapon systems,
CHAPTER V DEVELOPMENT OF IHL 1129

2. invites States to become Parties to the Convention and its annexed Protocols as
soon as possible, to apply them and examine the possibility of strengthening or
developing them further,
3. appeals to Governments, in conformity with the above Resolution, to exercise the
utmost care in the development of small-calibre weapon systems, so as to avoid an
unnecessary escalation in the injurious effects caused by such systems,
4. invites the ICRC to follow these matters and to keep the International Conference
of the Red Cross informed. (Manila, 1981, Resolution IX)

Mines
The Council of Delegates,
deeply concerned with the enormous numbers of civilian victims of mines in
the many countries that have been, or are still, involved in an armed conflict,
noting the indiscriminate effects of mines which cannot distinguish between
the footfall of a soldier and that of a civilian, and the fact that mines are being used
in large numbers and indiscriminately,
noting the fact that most mines remain active for a very long period of time, and
continue to claim victims years or even decades after the end of hostilities,
concerned that huge areas of land in many parts of the world are littered with
millions of mines that are extremely difficult to remove, rendering those areas
unusable for habitation, cultivation or pasturing,
noting that the countries most affected by mines have little or no medical
infrastructure capable of fulfilling the needs of the injured as both the medical care
and rehabilitation needed require an enormous input of resources and expertise,
being aware that the disabilities suffered by mine victims and the difficulty they
encounter in receiving the necessary rehabilitation have a profound effect on
families and entire societies but that there is a lack of data on the social and
economic effects of the damage caused by mines,
noting that the use of mines is regulated by the general rules on the conduct of
hostilities as codified in Additional Protocol I of 1977 and by particular rules
contained in Protocol II of the 1980 United Nations 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,
concerned that the 1980 United Nations Convention has not been ratified
widely enough, that its provisions are frequently not observed and that the
Convention has certain shortcomings,
welcoming the fact that the law relating to the use of mines will be on the agenda
of the Review Conference of the 1980 United Nations Convention,
1. urges States which have not yet done so to ratify the 1980 United Nations
Convention on Prohibitions or Restrictions on the Use of Certain Conventional
1130 SECTION III INTERNATIONAL HUMANITARIAN LAW

Weapons Which May be Deemed to be Excessively Injurious or to Have


Indiscriminate Effects and to seek, during the forthcoming Review Conference,
effective means to deal with the problem caused by mines by reinforcing the
normative provisions of the Convention and by introducing implementation
mechanisms;
2. appeals to States to consider as a matter of urgency the need to clear minefields
and to provide the medical care and rehabilitation that mine victims need;
3. urges National Red Cross and Red Crescent Societies to encourage their
governments to ratify, if they have not yet done so, the 1980 United Nations
Convention;
4. invites National Red Cross and Red Crescent Societies to impress on their
governments the urgent need to find effective legal solutions to the problems
caused by mines;
5. invites National Red Cross and Red Crescent Societies supported by the
Federation and the ICRC to bring to the attention of the general public and
international bodies the extensive medical, social and economic problems
caused by mines and the need to provide sufficient means to alleviate these
problems;
6. encourages National Red Cross and Red Crescent Societies and the Federation
to intensify their efforts to provide resources and personnel for the medical care
and the rehabilitation of mine victims and to develop mine-awareness
programmes;
7. urges National Societies to bring to the attention of arms manufacturers the
terrible effects of mines, and thus influence them to abandon the production of
mines;
8. invites National Red Cross and Red Crescent Societies to try to obtain data on
the social and economic effects of mines that may have been laid in their own
countries or in countries where their personnel are working;
9. invites the components of the Movement to seek the expertise of specialized
governmental and non-governmental organizations;
10. proposes that the problem of mines be reexamined at the 26th International
Conference of the Red Cross and Red Crescent. (Council of Delegates,
Birmingham, 1993, Resolution 3)

Anti-personnel landmines
The Council of Delegates,
deeply alarmed by the increasing number of innocent civilians affected by anti-
personnel landmines,
taking into account Resolution 3 of the 1993 Council of Delegates,
CHAPTER V DEVELOPMENT OF IHL 1131

1. expresses its great concern about the indiscriminate effects of anti-personnel


landmines and the consequences for civilian populations and humanitarian
action;
2. urges all components of the International Red Cross and Red Crescent
Movement, in accordance with their respective mandates and within their
capabilities, to work for a total ban on anti-personnel landmines which, from a
humanitarian viewpoint, is the only effective solution;
3. invites National Societies to intensify contacts with their respective
governments in order to obtain a total ban on anti-personnel landmines;
4. encourages all measures to alleviate the suffering of victims and to remove
mines already in place;
5. requests the ICRC and the International Federation to report to the 1997
meeting of the Council of Delegates on progress made in introducing a total
ban in international law and in alleviating the suffering of victims. (Council of
Delegates, Geneva, 1995 , Resolution 10)

See also:
Part Four
Section III, Chap. I Res. 8 of the Council of Delegates (Seville, 1997), p. 1099

Arms availability and the situation of civilians in armed conflict


and post-conflict situations
The Council of Delegates,
reiterating the preoccupation of the Council of Delegates with the easy access of
combatants untrained in international humanitarian law, civilian populations and
even children to a wide variety of weapons, particularly small arms, and their
frequent use against civilian populations and in violation of basic humanitarian
principles,
recalling the mandate of the 26th International Conference to the ICRC to study
the relationship between arms availability and violations of international
humanitarian law, as well as the Resolutions 2.8 of the1995 Council of Delegates
and 8.4 of the1997 Council of Delegates requesting that the role and attitude of the
Movement on arms availability be clarified by the 1999 Council of Delegates,
welcoming the ICRCs new study on Arms Availability and the Situation of
Civilians in Armed Conflict and its consultations since 1997 with all components
of the Movement on this subject,
convinced that the proliferation of arms and ammunition can increase tensions,
heighten civilian casualties, prolong the duration of conflicts and hinder the
provision of humanitarian assistance to populations in need,
1132 SECTION III INTERNATIONAL HUMANITARIAN LAW

further convinced of the relationship between unregulated availability of arms


and violations of international humanitarian law and a deterioration of the
situation of civilians,
1. endorses the overall analysis and conclusions of the ICRCs study on Arms
Availability and the Situation of Civilians in Armed Conflict;
2. calls on States to review their policies concerning the production, availability
and transfer of arms and ammunition, as well as explosives and other related
materials, in light of their responsibility to ensure respect for international
humanitarian law and to assist and protect civilian populations;
3. calls on States, which have not already done so, to elaborate rules, based on
respect for international humanitarian law and other appropriate norms,
governing the transfer and availability of arms and ammunition. The Council of
Delegates calls on States, as a first step, to halt arms transfers to parties
committing or tolerating serious violations of human rights or of international
humanitarian law;
4. calls on all components of the Movement to help ensure, during the 27th
International Conference, that clear proposals for action on these concerns are
maintained in the Plan of Action;
5. encourages National Societies, to the extent possible in their own contexts, to
actively raise public awareness of the human costs of the widespread availability
of arms and ammunition and of its implications for the fabric of international
humanitarian law. The ICRC is requested to support such efforts by providing
technical advice and information materials in order to promote a culture of
non-violence;
6. discourages components of the Movement from engaging in public debate on
specific transfers of weapons to specific recipients in ways which could
compromise the Movements neutrality or operational capacity;
7. requests the ICRC, in consultation with the International Federation, to submit to
the next Council of Delegates a report on Movement activities and international
progress in this field with a view to consideration by the Council of any further
steps which may be appropriate. (Council of Delegates, Geneva, 1999,
Resolution 12)

The United Nations Convention on Certain Conventional Weapons:


Explosive remnants of war and non-international armed conflicts
The Council of Delegates,
alarmed by the widespread and preventable death and injury caused during and
after armed conflict by explosive remnants (unexploded ordnance/UXO) of war
which no longer serve any military purpose,
CHAPTER V DEVELOPMENT OF IHL 1133

deeply concerned by the long-term consequences for civilian populations of


unexploded ordnance, particularly their role in preventing the return of refugees
and internally displaced persons, blocking the delivery of humanitarian aid and
other services to vulnerable populations, and hindering reconstruction and
economic development,
stressing the need for the provisions of international humanitarian law
governing specific weapons to apply in all situations of armed conflict,
noting that the second Review Conference of the United Nations Convention on
Certain Conventional Weapons will take place from 11 to 21 December 2001,
recalling the Movement Strategy on Landmines adopted by Resolution 10 of the
Council of Delegates in October 1999,
1. welcomes the proposal made by the International Committee of the Red Cross
(ICRC) for consideration by the Review Conference on explosive remnants of
war;
2. further welcomes the proposals made by the ICRC on the extension of the
Conventions scope of application to non-international armed conflicts;
3. urges all States party to the Convention to participate in the Review Conference;
4. calls upon the Review Conference to initiate negotiations, beginning in early
2002, on a new protocol to address the problems caused by explosive remnants
of war;
5. calls upon States party to the Convention to reach agreement as quickly as
possible on extending the Conventions scope of application;
6. urges all States which have not yet done so to adhere to the Convention as soon
as possible and to participate in the Review Conference;
7. reaffirms the Movements commitment to the Movement Strategy on
Landmines, and to continuing its efforts in the fields of care and rehabilitation
of victims of landmines and UXO, mine and UXO awareness, and the
promotion of adherence to and implementation of the relevant treaties of
international humanitarian law;
8. encourages all components of the Movement to raise public and governmental
awareness of the human cost of explosive remnants of war and to promote the
negotiation of an effective new protocol to the United Nations Convention on
Certain Conventional Weapons to address this problem;
9. requests the ICRC to report on the progress made on explosive remnants of war
and the extension of the scope of application of the United Nations Convention
on Certain Conventional Weapons to the 2003 session of the Council of
Delegates. (Council of Delegates, Geneva, 2001, Resolution 8)
1134 SECTION III INTERNATIONAL HUMANITARIAN LAW

Biotechnology, weapons and humanity


The Council of Delegates,
recognizing that advances in biotechnology carry enormous potential to benefit
humanity;
deeply concerned by the risk that the same advances could be put to hostile use;
regretting the inability of the Fifth Review Conference of States Parties to the
Biological Weapons Convention to agree on a compliance-monitoring regime;
stressing the need to ensure that ancient taboos and modern laws against
poisoning and the deliberate spread of disease are upheld and reinforced in the face
of new scientific developments:
1. endorses the Appeal of the ICRC on Biotechnology, Weapons and Humanity;
2. encourages the ICRC, National Red Cross and Red Crescent Societies and the
International Federation to promote the Biotechnology, Weapons and
Humanity initiative with national authorities, the scientific and medical
communities, industry and civil society; and in particular:
a) to call on States party to the 1925 Geneva Protocol and the 1972 Biological
Weapons Convention to resume efforts to ensure that these treaties are
reinforced in the light of scientific developments and faithfully imple-
mented; and
b) to urge the scientific and medical communities and the biotechnology
industry to ensure that the use of biotechnology for hostile purposes is
prevented through the development of codes of conduct and strict controls
on dangerous research and biological agents;
3. supports in particular the call on States to reaffirm their commitment to the
existing norms prohibiting the hostile uses of biological agents in a high-level
political Declaration; and
4. requests the ICRC to report to the 2005 Council of Delegates on the progress
made in promoting the measures proposed in the Appeal on Biotechnology,
Weapons and Humanity. (Council of Delegates, Geneva, 2003, Resolution 4)

Weapons and international humanitarian law


The Council of Delegates,
welcoming the ICRCs report on Weapons and International Humanitarian Law,
stressing that the promotion of adequate controls on the development, use and
proliferation of weapons is essential to protecting civilians from their indiscriminate
use and effects and combatants from unnecessary suffering,
recalling the obligation of States to ensure the legality of their weapons under
international law,
CHAPTER V DEVELOPMENT OF IHL 1135

deeply concerned about the threats that civilians face during and after conflicts
owing to the presence of landmines and explosive remnants of war, as well as the
unregulated availability of small arms and light weapons; and acknowledging the
obstacles these weapons pose to post-conflict reconstruction and development,
emphasizing the urgent need for an integrated, collaborative and preventive
approach to minimizing the risk that advances in the life sciences may be used for
hostile purposes,
highlighting the opportunities to advance the Movements objectives in this field
provided by the Review Conferences in 2006 of the Convention on Certain
Conventional Weapons, the United Nations Programme of Action on Small Arms
and the Biological Weapons Convention,
reaffirming the commitments undertaken in resolutions on weapons adopted
by previous meetings of the Council of Delegates and those contained in
General Objective 2 of the Agenda for Humanitarian Action adopted by the
28th International Conference of the Red Cross and Red Crescent,
1. calls upon all components of the Movement to continue and, if possible, step up
their efforts to implement the Movement Strategy on Landmines and Explosive
Remnants of War, and in particular to strive to ensure that victims receive the
long-term care and assistance they need, to urge mine-affected States party to
the Convention on the Prohibition of Anti-Personnel Mines to meet their mine-
clearance deadlines and to encourage all States to adhere to the Convention on
the Prohibition of Anti-Personnel Mines and the Protocol on Explosive
Remnants of War and to make available adequate resources to ensure their full
implementation;
2. urges all components of the Movement to raise awareness of the Third Review
Conference of the Convention on Certain Conventional Weapons in late 2006, to
encourage all States to participate in the Review Conference, and to use this event
to promote adherence to the Convention and the amendment extending its scope
of application to non-international armed conflicts and to its five Protocols;
3. encourages all components of the Movement to promote national measures to
address the humanitarian concerns resulting from the use of cluster munitions
and other submunitions, in particular by encouraging States to prohibit the use
of submunitions against military objectives located in or near civilian areas, to
eliminate submunitions that are inaccurate or have high failure rates, and to
refrain from transferring inaccurate or unreliable submunitions to others;
4. requests all components of the Movement to use the Review Conference of the
UN Programme of Action on Small Arms in July 2006 as an opportunity to
encourage a more comprehensive approach to reducing the human suffering
that results from the unregulated availability and misuse of small arms, in
particular by encouraging States to make respect for humanitarian law one of
the basic criteria on which arms transfer decisions are assessed, to develop
common standards regulating international arms transfers and the activities of
1136 SECTION III INTERNATIONAL HUMANITARIAN LAW

arms brokers, to promote respect for international humanitarian law and


human rights law among arms bearers, to enhance armed-violence prevention
efforts and to assist the victims;
5. encourages all components of the Movement to raise awareness of the need for
increased efforts by governments, scientists and industry to ensure that
advances in the life sciences are not used for hostile purposes, and to urge
governments to work towards a successful outcome of the Sixth Review
Conference of the Biological Weapons Convention by solemnly reaffirming the
Conventions aims and by agreeing on concrete preventive measures;
6. requests components of the Movement to encourage States that have not yet
done so to establish formal review procedures to determine the legality of new
weapons and means and methods of warfare, and to exchange information
about these procedures with other States and with the ICRC, and notes the
ICRCs development of a Guide for this purpose;
7. requests the ICRC to report to the 2007 Council of Delegates on the progress
made in implementing these objectives. (Council of Delegates, Seoul, 2005,
Resolution 2)
SECTION IV

ACTIVITIES DURING ARMED CONFLICTS

CHAPTER I

PREPARATIONS FOR SITUATIONS OF ARMED CONFLICT

See also:
Part One
Section A The 1949 Geneva Conventions (especially C.I, Art. 47;
C.II, Art. 48; C.III, Art. 127; C.IV, Art. 144) and
1977 Additional Protocol I (Arts 6 and 83); Additional
Protocol II (Art. 19); Additional Protocol III (Art. 7)
Part Two
Doc. VII Agreement on the organization of the international
activities of the components of the International Red
Cross and Red Crescent Movement, and
Supplementary measures to enhance the implementation
of the Seville Agreement
Part Four
Section II, Chap. IV E Res. XXIII, paras 1 and 2, of the 25th International
Conference (Geneva, 1986), p. 1072
Chap. IV B below Res. 1 of the 24th International Conference (Manila,
1981), p. 1143

Organization of health teams


The XXIst International Conference of the Red Cross,
considering that armed conflicts, of whatever kind, may necessitate medical aid
from the ICRC or the National Societies of neutral countries,
whereas in such cases the ICRC may be called upon to recruit health personnel in
countries which are not parties to the conflict,
considering further that aid to victims of natural disasters may also require the
participation of health personnel, through the intermediary of the League and the
National Red Cross Societies,
1138 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

recommends that National Societies establish in their respective countries, in


cooperation with official and private bodies, a pool of health personnel who could be
made available to the ICRC and the League at their request, or who could be used in
accordance with Article 27 of the 1st 1949 Geneva Convention,
recommends that Governments of States parties to the Geneva Conventions
support the efforts of their National Societies and encourage the recruitment and
training of personal for this pool,
recommends that the ICRC and the League take the requisite steps to undertake
with the assistance of WHO, the studies necessary for carrying out this project and
drawing up regulations defining, inter alia, the status of the personnel comprising
these teams. (Istanbul, 1969, Resolution XXXI)

National Information Bureau (NIB)


The Twenty-fifth International Conference of the Red Cross,
mindful that the Geneva Conventions help to ensure protection for prisoners of
war and for civilians during armed conflicts through the establishment of National
Information Bureaux (Third Convention, Art. 122; Fourth Convention, Art. 136),
noting the obligation of States Parties to the Conventions to institute such Bureaux,
considering the National Information Bureaux to be one of the most effective
means of protecting victims of armed conflicts,
1. urges States Parties to the Conventions to consider taking such measures as may be
necessary, to institute their National Information Bureau in peacetime in order for
it to fulfil its tasks as soon as possible at the outbreak of an armed conflict,
2. further recommends that States Parties to the Conventions invite their Red Cross
or Red Crescent Society as well as the ICRC to lend such assistance needed to
establish the National Information Bureau. (Geneva, 1986, Resolution XIV)

CHAPTER II

COOPERATION AMONG NATIONAL SOCIETIES


DURING ARMED CONFLICTS

See also:
Section I, Chap. III Res. XXI of the 21st International Conference
(Istanbul, 1969), p. 1002
Section II, Chap. IV C Res. XXIX of the 17th International Conference
(Stockholm, 1948), p. 1066
Section IV, Chap. IV C Res. XV of the 25th International Conference (Geneva,
1986), p. 1145
CHAPTER III NON-INTERNATIONAL ARMED CONFLICTS 1139

Collaboration of National Societies in wartime


Relations between National Societies of friendly and enemy States
The XVIIth International Red Cross Conference,
considers essential the development of relations between National Societies of
friendly and enemy States and, in all cases where these cannot be direct, that the
International Committee of the Red Cross continue to act as intermediary,
urges that all the constituent bodies of the International Red Cross, according to
their possibilities, give their fullest support to all such action. (Stockholm, 1948,
Resolution XXVII)

Collaboration of National Societies in wartime


Possibilities for National Societies of neutral States to facilitate
the relations between National Societies of belligerent countries
The XVIIth International Red Cross Conference,
considers that it is the duty of National Societies of neutral States to facilitate the
relations between National Societies of belligerent countries, at the request of such
Societies; the International Committee of the Red Cross shall be kept informed of
action taken in this connection,
recommends that the assistance of the League of Red Cross Societies in such
circumstances be made available to the International Committee of the Red Cross,
recommends that the League of Red Cross Societies maintain contact between
National Societies in time of war. (Stockholm, 1948, Resolution XXVIII)

CHAPTER III

NON-INTERNATIONAL ARMED CONFLICTS

Civil war
(Xth International Conference)
General principles
I. The Red Cross, which stands apart from all political and social distinctions, and
from differences of creed, race, class or nation, affirms its right and duty of
affording relief in case of civil war and social and revolutionary, disturbances.
The Red Cross recognizes that all victims of civil war or of such disturbances are,
without any exception whatsoever, entitled to relief, in conformity with the general
principles of the Red Cross.
1140 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

II. In every country in which civil war breaks out, it is the National Red Cross Society of
the country which, in the first place, is responsible for dealing, in the most complete
manner, with the relief needs of the victims; for this purpose, it is indispensable that
the Society shall be left free to aid all victims with complete impartiality.
III. If the National Red Cross cannot alone, on its own admission, deal with all the
relief requirements, it shall consider appealing to the Red Cross Societies of other
countries, in conformity with the following general principles:
a) Requests for foreign assistance cannot be accepted from one or other of the
parties in conflict but only from the National Red Cross Society of the country
devastated by the civil war; such requests must be addressed by it to the
International Committee of the Red Cross.
b) The International Committee of the Red Cross, having ensured the consent of
the Government of the country engaged in civil war shall organize relief,
appealing to foreign relief organizations.
Should the Government in question refuse its consent, the International
Committee of the Red Cross shall make a public statement of the facts, supported
by the relevant documents.
Exceptional cases
I. When, following the dissolution of the National Red Cross Society, or by reason of
the inability or unwillingness of such Society to request foreign aid or accept an
offer of relief received through the intermediary of the International Committee of
the Red Cross, the unrelieved suffering caused by civil war imperatively demands
alleviation, the International Committee of the Red Cross shall have the right and
the duty to insist to the authorities of the country in question, or to delegate a
National Society to so insist, that the necessary relief be accepted and opportunity
afforded for its unhindered distribution. Should the authorities of a country refuse
to permit such relief intervention, the International Committee of the Red Cross
shall make a public statement of the facts, supported by the relevant documents.
II. Should all forms of Government and National Red Cross be dissolved in a country
engaged in civil war, the International Committee of the Red Cross shall have full
power to endeavour to organize relief in such country, insofar as circumstances
may permit.
Resolutions
1. The Xth International Red Cross Conference approves the above proposals and
recommends them for study to all National Red Cross Societies.
2. The Conference recommends that, in agreement with the International Committee
of the Red Cross, all Red Cross Societies should undertake intensive propaganda to
create in all countries an enlightened public opinion, aware of the complete
impartiality of the Red Cross, in order that the Red Cross may enjoy throughout
the world, on all occasions and without any exception, the confidence and
CHAPTER III NON-INTERNATIONAL ARMED CONFLICTS 1141

affection of the people without distinction of party, creed, class or persons, which
are indispensable conditions to enable the Red Cross to accomplish its tasks fully
and to secure the most effective safeguard possible against any violation of Red
Cross principles in the event of civil war
3. The Xth International Red Cross Conference entrusts the International Committee
of the Red Cross with the mandate to engage in relief in the event of civil war, in
accordance with the above prescriptions.
4. The Xth International Red Cross Conference, recalling the distressing experiences
of the Red Cross in countries engaged in civil war, draws the attention of all peoples
and Governments, of all political parties, national or other, to the fact that the state
of civil war cannot justify violation of international law and that such law must be
safeguarded at all cost.
5. The Xth International Red Cross Conference condemns the political hostage
system, and emphasizes the non-responsibility of relatives (especially children) for
the acts of the head or other members of the family.
6. The Xth International Red Cross Conference deplores the unlimited suffering to
which prisoners and internees are sometimes subjected in countries engaged in
civil war, and is of opinion that political detainees in time of civil war should be
considered and treated in accordance with the principles which inspired those who
drew up the 1907 Hague Convention. (Geneva, 1921, Resolution XIV)

Role and activity of the Red Cross in time of civil war


The XVIth International Red Cross Conference,
having taken cognizance with keen interest of the report presented by the
International Committee of the Red Cross on the role and activity of the Red Cross in
the time of civil war,
recalling the Resolution relating to civil war adopted by the Xth Conference in 1921,
pays tribute to the work spontaneously undertaken by the International
Committee of the Red Cross in hostilities of the nature of civil war and relies upon the
Committee to continue its activity in this connection with the cooperation of the
National Societies, with a view to ensuring on such occasions respect for the high
principles which are at the basis of the Red Cross movement,
requests the International Committee and the National Red Cross Societies to
endeavour to obtain:
a) the application of the humanitarian principles which were formulated in the
Geneva Conventions of 1929 and the Xth Hague Convention of 1907, especially as
regards the treatment of the wounded, the sick, and prisoners of war, and the safety
of medical personnel and medical stores;
b) humane treatment for all political prisoners, their exchange and, so far as possible,
their release;
1142 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

c) respect of the life and liberty of non-combatants;


d) facilities for the transmission of news of a personal nature and for the reunion of
families;
e) effective measures for the protection of children,
requests the International Committee, making use of its practical experience, to
continue the general study of the problems raised by civil war as regards the Red Cross,
and to submit the results of its study to the next International Red Cross Conference.
(London, 1938, Resolution XIV)

Relief in the event of internal disturbances


The XIXth International Red Cross Conference,
considering it necessary to ensure maximum efficiency and equity in the
distribution of relief supplies in the event of internal disturbances,
declares that relief supplies of all types must be distributed equitably among the
victims by the National Red Cross Society, without hindrance on the part of the local
authorities,
considers that, in the event of the National Red Cross Society being unable to come
to the assistance of the victims, or whenever it may be deemed necessary or urgent, the
International Committee of the Red Cross should take the initiative for the
distribution of relief supplies, in agreement with the authorities concerned,
requests authorities to grant the Red Cross every facility in carrying out relief
actions. (New Delhi, 1957, Resolution XIX)

CHAPTER IV

ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS

A. Prisoners of war and civilian internees


See also:
Chap. I above Res. XIV of the 25th International Conference
(Geneva, 1986), p. 1138

Work of National Societies on behalf of


enemy prisoners of war and civilian internees
The XVIIth International Red Cross Conference,
recommends that National Societies contribute to the relief of enemy prisoners of
war and civilian internees, which should be afforded on the basis of the most complete
impartiality. (Stockholm, 1948, Resolution XXVI)
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1143

B. The dead and the missing

The missing and dead in armed conflicts


The XXIInd International Conference of the Red Cross,
recognizing that one of the tragic consequences of armed conflicts is a lack of
information on persons missing, killed or deceased in captivity,
complying with the humanitarian traditions of the Red Cross, and with the spirit
of the Geneva Conventions of 1949,
calls on Parties to armed conflicts, during hostilities and after cessation of
hostilities, to help locate and care for the graves of the dead, to facilitate the
disinterment and return of remains, and to provide information about those who are
missing in action,
further calls on Parties to armed conflicts to cooperate with Protecting Powers,
with the ICRC and its Central Tracing Agency, and with such other appropriate bodies
as may be established for this purpose, and in particular National Red Cross Societies,
to accomplish the humanitarian mission of accounting for the dead and missing,
including those belonging to third countries not parties to the armed conflict.
(Teheran, 1973, Resolution V)

Wearing of identity discs


The XXIVth International Conference of the Red Cross,
considering that, in several situations of armed conflict, the identification of
members of the armed forces killed on the battlefield is made extremely difficult for
lack of identification documents,
recalling that Articles 16 and 17 of the First Geneva Convention of 12 August 1949
provide for identity discs to be worn by members of the armed forces to facilitate their
identification in case they are killed and the communication of their deaths to the
Power on which they depend,
1. urges the Parties to an armed conflict to take all necessary steps to provide the
members of their armed forces with identity discs and to ensure that the discs are
worn during service,
2. recommends that the Parties to an armed conflict should see that these discs give
all the indications required for a precise identification of members of the armed
forces such as full name, date and place of birth, religion, serial number and blood
group; that every disc be double and composed of two separable parts, each
bearing the same indications; and that the inscriptions be engraved on a substance
as resistant as possible to the destructive action of chemical and physical agents,
especially to fire and heat,
3. reminds the Parties to an armed conflict that one half of each disc must, in case of
death, be detached and sent back to the Power on which the member of the armed
forces depended, the other half remaining on the body,
1144 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

4. notes that the International Committee of the Red Cross is prepared to provide
models to States asking for them. (Manila, 1981, Resolution 1)

Obtaining and transmitting personal data


as a means of protection and of preventing disappearances
The Twenty-fifth International Conference of the Red Cross,
recalling the principle by which families have the right to know the fate of their
members, as laid down in particular in the Geneva Conventions of 1949 and their
Additional Protocols of 1977,
deeply moved by the suffering caused to families when one of their members
disappears, whether it is a question of unidentified servicemen on the battlefield,
prisoners of war and civilian internees whose names have not been registered and
transmitted civilians who have been arrested,. imprisoned or otherwise confined
without their families being informed,
recalling Resolution I of the Twenty-fourth International Conference of the Red
Cross on the wearing of identity discs and the relevant articles in the Geneva
Conventions (First Convention, Art. 16 and 17, Second Convention, Art. 19 and 20),
recalling the articles of the Geneva Conventions (Third Convention, Art. 122;
Fourth Convention; Art. 136), requiring each Party to a conflict to set up a National
Information Bureau (NIB),
recalling Resolution II of the Twenty-fourth International Conference of the Red
Cross on forced or involuntary disappearances,
1. urges the Parties to every international armed conflict to implement the provisions
of Articles 16 and 17 of the First Geneva Convention, prescribing the wearing of
identity discs by members of the armed forces, in order to facilitate the
identification of the wounded and the dead and the forwarding of information
concerning them to the Power on which they depend,
2. stresses the importance of establishing a National Information Bureau and points
out that to do so governments which so wish may receive technical advice from the
Central Tracing Agency (CTA) of the ICRC, in particular concerning preparatory
steps to be taken in peacetime,
3. condemns any act leading to the forced or involuntary disappearance of
individuals or groups of individuals and urges governments to endeavour to
prevent them. (Geneva, 1986, Resolution XIII)
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1145

C. Dispersed families

Cooperation between National Red Cross and Red Crescent Societies


and governments in the reuniting of dispersed families

The Twenty-fifth International Conference of the Red Cross,


considering that, as a result of continuing international and non-international
armed conflicts and political tension, a large number of persons have been separated
from their families,
recalling and reaffirming Resolutions XX, XX and XIX respectively of the
Eighteenth, Nineteenth and Twentieth International Conferences of the Red Cross,
aware that not all of the dispersed families for whom the afore-mentioned
resolutions were intended to afford assistance have yet been reunited in accordance
with their wishes,
considering that there are also many people who, despite possessing an entry
permit, are denied the right to emigrate to the country of their choice for purposes of
family reunification,
conscious of the large number of refugees and deportees in many parts of the world
and of the great suffering deriving from the separation of persons from their countries
and families for reasons no longer always attributable to the Second World War or its
aftermath as well as from uncertainty concerning the fate of family members,
expressing its gratitude to governments, the ICRC and National Red Cross and Red
Crescent Societies for the successful cooperation that has hitherto taken place,
1. reaffirms the constant willingness of National Red Cross and Red Crescent
Societies to cooperate in humanitarian action, in reuniting members of dispersed
families, in exchanging information regarding families and in facilitating the
search for missing persons,
2. calls upon all governments to support the efforts of National Red Cross and Red
Crescent Societies dealing with the problems of conducting searches and reuniting
families,
3. requests governments to treat in a favourable and humanitarian manner the
applications of persons who wish to leave the country and to be reunited with
members of their families in a receiving State, which has declared its willingness to
accept them, to give due and sympathetic consideration to such applications and
to decide on them swiftly and in a humanitarian spirit, ensuring that no
application receives unfair or discriminatory treatment,
4. urges National Red Cross and Red Crescent Societies to act as neutral
intermediaries with their respective governments with a view to helping to solve
these humanitarian problems,
1146 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

5. recommends that National Red Cross and Red Crescent Societies intensify their
contacts and discussions among themselves and with the ICRC with a view to
rendering mutual assistance in the reuniting of dispersed families, thereby helping
to foster understanding and peace. (Geneva, 1986, Resolution XV)

The role of the Central Tracing Agency


and National Societies in tracing activities and the reuniting of families
The Twenty-fifth International Conference of the Red Cross,
acknowledging the International Red Cross and Red Crescent Movements
responsibility in helping to re-establish or maintain contact between members of
families separated as a consequence of armed conflicts, tensions or natural disasters,
recalling the role which the Central Tracing Agency (CTA) of the ICRC plays as a
coordinator and technical adviser to National Societies and governments, as defined
in the report presented by the ICRC and the League and adopted by the Twenty-fourth
International Conference of the Red Cross,
noting that progress in this area has already been made throughout the Movement,
noting furthermore the steady increase throughout the world of situations resulting
in mass movements of people and loss of any contact between family members,
recognizing that, in order to take effective action, the Movement must be able to
rely on a sound network composed of all the National Societies tracing services and
the CTA, in liaison, when necessary, with the League Secretariat,
1. emphasizes the mandate entrusted to the CTA by the Twenty-fourth Conference,
congratulates it on the initiatives already taken and, encourages, it to continue its
efforts to coordinate activities, to harmonize operating principles and working
methods, and to train responsible tracing personnel,
2. congratulates National Societies which have worked towards reuniting separated
families and calls on them to pursue their efforts,
3. requests all National Societies to carry out to the best of their capacity the role
which they are called upon to play as components of the international network for
tracing and reuniting families,
4. asks governments to facilitate and support the work of the Red Cross and Red
Crescent Movement in this domain. (Geneva, 1986, Resolution XVI)

Protection of children in armed conflicts


The Twenty-fifth International Conference of the Red Cross,
recalling Resolution XIII of the Sixteenth International Conference of the Red
Cross concerning the protection of women and children in armed conflicts,
having taken note of the Final Document of the Second World Red Cross and Red
Crescent Conference on Peace in Aaland and Stockholm in 1984 and of the
recommendations of the Red Cross and Red Crescent Symposium, held in San Remo
in 1985, on the protection of children,
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1147

deeply concerned that in many parts of the world children continue to take a direct
part in hostilities and are recruited into the armed forces,
recalling that, in conflicts where weapons are used indiscriminately, significant
proportion of victims are innocent civilians and especially children,
noting that children are especially vulnerable when they are separated from their
families,
recognizing that children who have been trained to hate and have participated in
atrocities of war are often mentally and morally crippled for life,
stressing that the Geneva Conventions of 1949 and the two Additional Protocols of
1977 accord to children special protection and treatment,
1. requests governments and the International Red Cross and Red Crescent
Movement to disseminate widely the provisions of international humanitarian
law protecting children in armed conflicts, as well as publications concerning this
question,
2. recalls that, in accordance with Article 77 of Additional Protocol I to the Geneva
Conventions, the Parties to the conflicts shall take all feasible measures in order
that children who have not attained the age of fifteen years do not take a direct
part in hostilities and, in particular, they shall refrain from recruiting them into
their armed forces. In recruiting among those persons who have attained the age of
fifteen years but who have not attained the age of eighteen years, the Parties to the
conflict shall endeavour to give priority to those who are oldest,
3. recalls also that, according to the Geneva Conventions and the two Additional
Protocols, children under the age of 15 years who have taken direct part in
hostilities and fall into the power of an adverse Party continue to benefit from
special protection, whether or not they are prisoners of war,
4. expresses its deep concern that children under the age of 15 years are trained for
military combat and recommends that in all circumstances children should be
educated to respect humanitarian principles,
5. recommends that, according to the Geneva Conventions and the two Additional
Protocols, all necessary measures be taken to preserve the unity of the family and
to facilitate the reuniting of families,
6. invites governments and Movement to do their utmost to ensure that children who
have taken part, directly or indirectly, in hostilities are systematically rehabilitated
to normal life,
7. expresses its support for the work of the United Nations Commission on Human
Rights regarding the drafting of a Convention on the Rights of the Child and
stresses that the protection accorded by the new Convention should be at least the
same as that accorded by the Geneva Conventions and the two Additional
Protocols. (Geneva, 1986, Resolution IX)
1148 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

Children in armed conflicts


The Council of Delegates,
recalling Resolution IX of the 25th International Conference of the Red Cross
(1986) entitled Protection of Children in Armed Conflicts, Resolution 14 of the
Council of Delegates (1991) entitled Child Soldiers and Resolution 4 of the
Council of Delegates (1993) entitled Child Soldiers,
also recalling with appreciation the study entitled Child Soldiers undertaken by
the Henry Dunant Institute,
recognizing that the 1949 Geneva Conventions and the 1977 Additional
Protocols, as well as Articles 38 and 39 of the 1989 United Nations Convention on
the Rights of the Child, accord children special protection and treatment,
deeply concerned that children suffer particular hardship during armed
conflicts,
taking note of the joint report of the International Federation and the ICRC on
the implementation of Resolution 4 of the Council of Delegates (1993),
deploring that children under the age of 15 are used as soldiers in many parts of
the world, in violation of international law,
1. urges the ICRC, National Societies and the International Federation to work for
improved implementation, at the national level, of existing international legal
standards and increased dissemination thereof;
2. endorses the Plan of Action for the Red Cross and Red Crescent Movement,
prepared by the International Federation and the ICRC in cooperation with the
Henry Dunant Institute, which aims to promote the principle of non-
participation and non-recruitment of children below the age of 18 years in
armed conflicts and to take concrete action to protect and assist child victims of
armed conflicts;
3. urges all National Societies, the International Federation and the ICRC to
implement or support the implementation of the Plan of Action;
4. requests the International Federation and the ICRC, in order to monitor and
facilitate the implementation of the Plan of Action, to establish a coordinating
group comprised of representatives of the International Federation, the ICRC
and five National Societies implementing or supporting programmes for
children in armed conflicts;
5. requests the International Federation and the ICRC to report on progress in
implementing the Plan of Action to the Council of Delegates in 1997. (Council
of Delegates, Geneva, 1995, Resolution 5)
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1149

Children affected by armed conflict


The Council of Delegates,
recalling previous Resolutions adopted by International Conferences and
Councils of Delegates, in particular Resolution 5 of the 1995 Council of Delegates,
and Resolution 8.1 of the 1997 Council of Delegates relative to the protection of
children in armed conflict and the role and action of the International Red Cross
and Red Crescent Movement in their favour,
seriously alarmed by the increasing number of children involved in armed conflict
and by the tremendous suffering endured by those children, and deeply concerned by
the seriousness and magnitude of the long-term consequences and the need for
physical and psychological rehabilitation of children affected by armed conflict,
gravely alarmed and concerned by the fact that children even under the age of
15 years are recruited in armed forces and armed groups in violation of
international humanitarian law,
stressing the importance to raise to 18 years the minimum age for recruitment
and participation in hostilities and to reinforce or develop the existing legal
provisions,
reaffirming the relevance of the objectives set out in the Plan of Action and the
need to pursue efforts to ensure its full implementation,
1. takes note of the report Children Affected by Armed Conflict and the other
work of the International Co-ordinating Group, set up to facilitate and monitor
the implementation of the Plan of Action of the Movement, and thanks it for its
work and contribution to actions taken in favour of children affected by armed
conflict;
2. requests the ICRC, the International Federation and the National Societies to
pursue and strengthen the implementation of the Programme concerning
children affected by armed conflict;
3. invites all components of the Movement to better report on their activities in
favour of children and to include this topic regularly on the agenda of all
meetings of the Movement and urges the ICRC and the International Federation
to re-examine the coordination mechanisms to make them as effective as possible
and to develop with National Societies a consultation process aimed at
reinforcing the commitment to children affected by armed conflict;
4. encourages all National Societies to support, particularly through contacts with
their government, the adoption of international instruments implementing the
principle of non-participation and non-recruitment of children below the age
of 18 in armed conflicts with a view to such instruments being applicable to all
situations of armed conflict and to all armed groups;
5. urges the ICRC and the International Federation in conjunction with interested
National Societies and in consultation with specialised organizations to draw
up guidelines for prevention, rehabilitation and reintegration of children in
1150 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

their communities in order to give direction to National Societies in their work


in these fields;
6. asks the ICRC and the International Federation to report on progress of the
work and initiatives undertaken within the Movement at the next meeting of
the Council of Delegates. (Council of Delegates, Geneva, 1999, Resolution 8)

D. Refugees
See also:
Part Three
Section IV, Doc. II International Red Cross aid to refugees: statement
of Policy
Section IV, Doc. III Movement action in favour of refugees and internally
displaced persons
Section IV, Doc. IV Movement Action in favour of refugees and internally
displaced persons and Minimum Elements to be
Included in Operational Agreements between Movement
Components and their Operational Partners

Relations of Red Cross Societies with other philanthropic associations and


the League of Nations (Xth International Conference)
The Red Cross Societies should always remember that their character and ideal are
essentially independent, universal and international. They should therefore devote
particular care to the question of assisting aliens established in or passing through the
territory in which they operate. The earnest attention of the Red Cross Societies in all
countries is drawn to the often precarious situation of sick and needy aliens, which is
still generally ill-regulated in practice. (Geneva, 1921, Resolution IX, para. 1, d)

Customs exemption on gifts intended for refugees


The XIIth International Red Cross Conference,
requests the National Societies to approach their Governments with a view to
obtaining customs exemption on gifts intended for refugees. (Geneva, 1925,
Resolution IV, para. 2)

Legal assistance to aliens


The XVIIth International Red Cross Conference,
recommends that National Societies include in their activities, should the necessity
arise, legal and social assistance to stateless persons, refugees and war victims,
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1151

requests the League of Red Cross Societies and the International Committee of the
Red Cross to establish a standard programme in this field. (Stockholm, 1948,
Resolution XXXI)

International Red Cross aid to refugees


The XXIVth International Conference of the Red Cross,
recalling Resolution I of the XXIIIrd International Conference of the Red Cross which
stated that the fundamental mission of the Red Cross includes the provision, without
discrimination as to race, nationality, religious beliefs or political opinions, of protection
and assistance to those who need it, in the event of armed conflict and other disasters,
conscious of the large number of refugees, returnees and displaced persons and the
extent of human misery caused by the displacement of populations in many parts of
the world,
recalling the primary responsibilities of the Governments of countries of asylum
for the care of refugees on their territories, while bearing in mind the obligation of the
international community to share equitably the burden of refugee protection,
assistance and resettlement, in accordance with accepted principles of international
solidarity and cooperation,
recalling that in accordance with their auxiliary role in the humanitarian services
of their Governments and with the relief principles of the International Red Cross,
National Red Cross and Red Crescent Societies should take immediate actions to
alleviate suffering of victims of calamities, including emergency aid to refugees,
returnees and displaced persons,
recalling the primary function of the Office of the United Nations High
Commissioner for Refugees (UNHCR) in the field of international protection and
material assistance to refugees, persons displaced outside their country of origin and
returnees, as laid down by its Statutes, the United Nations Conventions and Protocol
relating to the status of refugees and relevant resolutions adopted by the United
Nations General Assembly,
considering that the ICRC and the League have respective functions in
coordinating international Red Cross assistance to these victims, especially when they
do not fall under the competence of the Office of the UNHCR,
1. approves the policy of the Red Cross in this field as set out in the statement
annexed,1
2. pledges the unremitting support and the collaboration of the Red Cross with the
United Nations High Commissioner for Refugees in their respective activities in
favour of refugees and displaced persons, within the framework of this policy.
(Manila, 1981, Resolution XXI)

1 See pp 906 and 907 (Part Three, Section IV, Doc. II).
1152 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

The Movement and refugees


The Twenty-fifth International Conference of the Red Cross,
recalling Resolution XXI and the accompanying statement of policy on
International Red Cross aid to refugees, adopted by the Twenty-fourth International
Conference of the Red Cross,2
conscious that the number of refugees, asylum-seekers and displaced persons has
steadily grown over the past five years, creating even greater requirements for
humanitarian aid, especially among the most vulnerable groups (women who are
alone or who are heads of families, unaccompanied children, the physically and
mentally handicapped, and the elderly),
recognizing that movements of refugees will continue until their causes are
eliminated,
welcoming the initiative taken by the 36th session of the United Nations General
Assembly to establish the Group of Governmental Experts on International
Cooperation to Avert New Flows of Refugees (United Nations Document A/41/324 of
13 May 1986) and noting the action being taken on this issue at the 41st session of the
General Assembly,
recognizing that persons displaced within their own country do not always benefit
from the protection and assistance with which the International Red Cross and Red
Crescent Movement is at all times willing to provide them,
sharing the concerns expressed by the 37th session of the United Nations High
Commissioner for Refugees Executive Committee that military or armed attacks on
refugee camps and settlements continue, since such attacks claim many victims
particularly among women, children and the elderly in such camps and settlements as
well as among the host population,
recalling the primary function of the Office of the United Nations High
Commissioner for Refugees in the field of international protection of and material
assistance to refugees, and in the search for lasting solutions,
1. calls upon States, in the search for lasting solutions, to address first and foremost
the causes of movements of refugees from their countries of origin,
2. invites governments and the International Red Cross and Red Crescent Movement
to pursue their efforts in disseminating knowledge of international humanitarian
law and the Fundamental Principles of the Movement to ensure greater respect for
the human person,
3. encourages the Movement both to step up its own information and training
activities and to take a greater part in providing information aimed at better
understanding and mutual acceptance between refugees and their host
communities,

2 See pp 906 and 907 (Part Three, Section IV, Doc. II).
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1153

4. urges National Red Cross and Red Crescent Societies to spare no effort to ensure
that refugees and asylum-seekers receive humane treatment and decent material
conditions in host countries,
5. reminds governments, in a spirit of humanity, of their legal and moral obligations
regarding refugees, in particular that of respect for the principle of non-
refoulement, and encourages them to do everything possible to accelerate the
procedures for consideration of asylum applications while maintaining
fundamental legal safeguards,
6. requests governments to permit the Movement to come to the aid of persons
without any other suitable protection or assistance, as in certain cases where
persons are displaced within their own country,
7. calls upon governments to continue their efforts to find in the near future a
solution to the problem of military or armed attacks on refugee camps and
settlements, in accordance with the conclusion of the 37th session of the UNHCR
Executive Committee, and reaffirms the willingness of the Movement to assist in
this endeavour,
8. asks governments, the Office of the United Nations High Commissioner for
Refugees, National Societies, and non-governmental organizations to give special
attention to the problems of refugees, returnees and displaced persons, particularly
the most vulnerable groups, and encourages them vigorously to pursue appropriate
lasting solutions, within the competence of the UNUCR,
9. pledges the continued support and enhanced collaboration of the Movement with the
United Nations High Commissioner for Refugees. (Geneva, 1986, Resolution XVII)

Aid to refugees
The General Assembly,
recognizing that refugees, asylum seekers, displaced persons and returnees have
become one of the major concerns of the international community as a whole, that
mass uprooting is an ongoing phenomenon of todays world, and that the needs of
these people call for a positive response on the part of all concerned governments
and humanitarian organizations,
recalling Resolution XXI of the XXIVth International Conference of the Red
Cross at Manila and its Statement of Policy, which provided a broad framework for
Red Cross/Red Crescent work with refugees, returnees and displaced persons, and
Resolution XVII of the XXVth International Conference on the Movement and
refugees,
aware that in the face of great needs of uprooted people, many National
Societies have been called upon, in response to the Red Cross/Red Crescent
Fundamental Principles and sometimes at the behest of their government or by
UNHCR, to mount major relief operations to assist refugees, asylum seekers,
displaced persons and returnees in their countries,
1154 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

aware that such operations have raised urgent needs for staff, for training
programmes and for well-conceived information programmes, to ensure that the
Red Cross/Red Crescent response is efficient, cohesive and does not lead to
disaffection amongst either staff or members,
concerned that amongst the many medico-social aspects of work with uprooted
people, the question of psychological trauma be properly addressed by the
Movement,
takes note with appreciation of the multiple activities of many National
Societies over the past few years in favour of refugees, returnees, asylum seekers
and displaced persons,
commends the Secretary General for the lead he has taken in spearheading a
focus on refugee issues within the Secretariat, and on implementing the terms of
Resolutions XXI (1981) and XVII (1986) by assisting National Societies in their
need for material or technical support, information, training and consultation on
these issues,
recommends that whereas some Red Cross/Red Crescent activities, such as
support to survivors of torture, may be seen as going beyond the provision of
emergency relief, they not only be maintained but be developed on a wider
geographical basis,
requests the Secretary General and National Societies to pursue their efforts in
the areas of staff training, information sharing and consultation in regard to their
work, current or future, with uprooted people,
reminds National Societies that in accordance with points 4 and 5 of the Statement
of Policy approved as part of Resolution XXI (1981), they should keep the League
(and/or the ICRC) informed of actions initiated for the benefit of refugees and
displaced persons, and of any negotiations likely to lead to a formal agreement with
UNHCR which should be undertaken in association with the League and/or ICRC,
encourages the Secretary General and National Societies to study the specific
needs of refugee children, in cooperation with all concerned, and to find ways in
which the Movement can contribute more to meeting these needs,
reiterates the readiness of the Red Cross/Red Crescent Movement to respond to
refugee emergencies, in cooperation with other representatives of the international
community, and to continue to provide information aimed at better understanding
and mutual acceptance between refugees and their host communities, particularly
with respect to voluntary repatriation,
requests the Secretary General, to take initiatives which may lead to the
establishment of new programmes for refugee populations all over the world.
(General Assembly, VIIth Session, Geneva, 1989, Decision 34)
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ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1155

The International Red Cross and Red Crescent Movement and refugees
The Council of Delegates,
recalling Resolution XXI of the 24th International Conference of the Red Cross,
the accompanying statement of policy on Red Cross aid to refugees and Resolution
XVII of the 25th International Conference on the Movement and refugees,
concerned that the number of refugees, asylum-seekers and persons displaced
within their own countries has continued to grow steadily,
aware that many long-standing refugee situations are still awaiting solutions,
and that continued dependence by large numbers of refugees on the support and
protection of host countries may progressively increase their vulnerability,
recognizing that a large number of these persons suffer from psychological
problems and that the most vulnerable, in particular refugee children, may be
exposed to high risks and severe deprivation having a lasting effect on their lives,
taking note that violations of human rights, armed conflict and violations of
international humanitarian law are amongst the main causes of population
movements,
noting with concern that the majority of refugees find asylum in low-income
countries in which they share scarce resources with the local population, thereby
aggravating conditions of poverty and instability,
recalling the primary function of the Office of the United Nations High
Commissioner for Refugees to ensure international protection and material
assistance to refugees, persons displaced outside their countries of origin and
returnees, and to seek durable solutions,
recognizing that new forms of movements of persons, due principally to
economic and social hardship, frequently leading to severe malnutrition and
famine conditions, and often associated with political instability, have emerged,
and that these persons, while not fulfilling the international criteria for refugee
status, are in need of humanitarian support,
noting the tasks carried out by the various components of the International Red
Cross and Red Crescent Movement on behalf of refugees, asylum-seekers,
displaced persons and returnees, and the efforts made to provide information and
training within the Movement in order to keep pace with these growing tasks,
requests the various components of the Movement, in accordance with their
respective mandates:
a) to act vigorously in favour of refugees, asylum-seekers, displaced persons and
returnees,
b) to pursue their efforts in disseminating international humanitarian law, human
rights law, of which refugee law is part, and the Fundamental Principles of the
Movement in order to enhance protection and humane treatment of refugees,
asylum-seekers, displaced persons and returnees,
c) to cooperate actively in supporting activities designed to enhance refugees self-
reliance in camps and on their safe return to their home countries,
1156 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

d) to focus attention on the psychological problems encountered by most refugees,


asylum-seekers, displaced persons and returnees and on the care needed for the
most vulnerable among them, giving due support to children through activities
such as community-based health services and assistance in psychological and
social readjustment,
e) to enhance training and information, including exchanges of experiences, of its
members and representatives in this field,
f) to draw the attention of host communities to the problems of humanitarian
concern encountered by refugees, asylum-seekers and displaced persons, and to
fight xenophobia and racial discrimination,
g) to continue and further strengthen cooperation with the Office of the United
Nations High Commissioner for Refugees and other international organizations
acting in favour of refugees, asylum-seekers, displaced persons and returnees,
h) to actively seek the support of governments with a view:
i) to permit the Movement to assist those who are deprived of any suitable
protection or assistance,
ii) to address first and foremost the causes of people fleeing their homes, and to
promote peace and respect for human rights and to intensify cooperation in
socio-economic development, particularly among low-income countries,
iii) to ensure that, in all circumstances, refugees, asylum-seekers and displaced
persons receive humane treatment and decent material conditions,
iv) in the search for durable solutions, to see that the voluntary character of
repatriation and the safety of returning refugees in their countries of origin
are fully ensured,
v) to support the development of refugee hosting areas in the event of mass
influxes of refugees, so as to avert any deterioration in living conditions and
ensure the security of the refugee and local population,
vi) to ensure that a decision to deny asylum is taken only within the framework
of fair and proper procedures and that the principle of return in safety and
dignity of rejected asylum-seekers is reaffirmed and, if assistance is given by
National Societies, to respect their adherence to the Fundamental Principles
of the Movement. (Council of Delegates, Budapest, 1991, Resolution. 9)

The Movement, refugees and displaced persons


The Council of Delegates,
having taken note of the report of the ICRC and the Federation on the
Movement, refugees and displaced persons,
recalling Resolutions XXI (Manila, 1981) and XVII (Geneva, 1986) and in
particular Resolution 9 of the Council of Delegates held in Budapest in 1991 which,
inter alia, appeal to the various components of the Movement to act vigorously in
favour of refugees, asylum-seekers, displaced persons and returnees,
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1157

reaffirming that armed conflicts and violations of international humanitarian


law are among the main causes of forced population movements,
recalling that in situations of armed conflict or internal violence, refugees and
displaced persons, as civilians affected by the events, are protected by international
humanitarian law and by humanitarian principles,
concerned by the persistence of the phenomenon and the dramatic aggravation
of the plight of numerous refugees, displaced persons and asylum-seekers, in
different parts of the world,
expressing its deep concern about the surge of intolerance, xenophobia and racial
or ethnic discrimination in communities of countries receiving refugees and
asylum-seekers,
1. invites the components of the Movement, in accordance with their respective
mandates:
a) to call upon the parties to conflict to respect international humanitarian law
and to ensure that it is respected in order to avert population movements,
b) to continue to act vigorously in favour of refugees, asylum-seekers, displaced
persons and returnees,
c) to strengthen cooperation among themselves and between the Movement
and the United Nations system, in particular the United Nations High
Commissioner for Refugees (UNHCR), in a concerted approach which
maintains the unity of the Movement,
d) to promote, in the spirit of the Fundamental Principles of the Red Cross and
Red Crescent, the protection of refugees, asylum-seekers and displaced
persons, including the protection of those persons who have fled from
armed conflict or other situations of extreme danger, but who are not
covered by the refugee definition of the 1951 Convention on the Status of
Refugees; and to train and inform volunteers and staff appropriately;
2. urges the National Societies to respect their obligation to inform the Federation
and/or the ICRC in advance of any negotiations likely to lead to a formal
agreement between a Society and UNHCR;
3. strongly encourages the National Societies:
a) to implement, whenever necessary, programmes for refugees, asylum-
seekers and displaced persons which provide emergency assistance as well
as long-term solutions,
b) to orient their assistance programmes towards the needs of the most
vulnerable groups,
c) to carry out vigorous information campaigns to denounce and combat
xenophobia and racial or ethnic discrimination while at the same time
organizing education programmes based on tolerance,
d) to establish networks for regional cooperation in particular through the
organization of regional workshops in cooperation with the ICRC and the
1158 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

Federation in fields such as voluntary repatriation, tracing activities aimed


at restoring family links and preparation for emergency situations, with
emphasis on training,
e) to focus attention on the psychological problems encountered by most
refugees, asylum-seekers, displaced persons and returnees,
f) to seek actively the support of governments with a view to finding durable
solutions, and to seeing that the voluntary character of repatriation and the
safety of returning refugees in their countries of origin are fully ensured;
4. calls upon the ICRC and the Federation to continue to examine ways and means
for cooperation between the components of the Movement and the United
Nations system in favour of refugees and displaced persons;
5. requests the ICRC and the Federation to report to the next session of the Council
of Delegates on the practical measures taken to put these recommendations into
effect. (Council of Delegates, Birmingham, 1993, Resolution 7)

E. Protection in armed conflict

Protection of the civilian population in period of armed conflict


The 26th International Conference of the Red Cross and Red Crescent,
deeply alarmed
by the spread of violence and the massive and continuing violations of
international humanitarian law throughout the world,
by the immense suffering this causes among the civilian population in cases of
armed conflict or foreign occupation of a territory, and in particular by the
spread of acts of genocide, the practice of "ethnic cleansing", widespread
murder, forced displacement of persons and the use of force to prevent their
return home, hostage-taking, torture, rape and arbitrary detention, all of which
violate international humanitarian law,
by the serious violations of international humanitarian law constituted by acts
aimed at the expulsion of the civilian population from certain areas or even the
extermination of the civilian population, or by compelling civilians to
collaborate in such practices,
by the serious violations of international humanitarian law in internal as well as
international armed conflicts constituted by acts or threats of violence the
primary purpose of which is to spread terror among the civilian population and
by acts of violence or of terror making civilians the object of attack,
by the difficulties encountered by humanitarian institutions in performing their
tasks in armed conflicts, in particular when State structures have disintegrated,
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1159

by the growing disparity between the humanitarian pledges made by certain


parties to armed conflicts and the profoundly inhumane practices of those
same parties,
by the rapid expansion of the arms trade and the uncontrolled proliferation of
weapons, especially those which may have indiscriminate effects or cause
unnecessary suffering,
stressing the importance of full compliance with and implementation of
international humanitarian law, and recalling that international humanitarian law
and international instruments relating to human rights offer basic protection to the
human person,
recalling the obligation of States to repress violations of international
humanitarian law and urging them to increase international efforts
to bring before courts and punish war criminals and those responsible for
serious violations of international humanitarian law,
to establish permanently an international criminal court,
reaffirming that any party to an armed conflict which violates international
humanitarian law shall, if the case demands, be liable to pay compensation,
aware that the urgency of alleviating the suffering of the civilian population in
times of armed conflict should not distract attention from the pressing obligation
to fight the root causes of conflicts and the need to find solutions to conflicts,
alarmed by the deliberate and systematic destruction of movable and
immoveable property of importance to the cultural or spiritual heritage of peoples,
such as places of worship and monuments of architecture, art or history, whether
religious or secular,
particularly concerned by the plight of women, children, dispersed families, the
disabled and elderly, and civilian populations stricken by famine, deprived of
access to water and subjected to the scourge of anti-personnel landmines as well as
other weapons used indiscriminately,

A. With regard to the whole of the civilian population:


(a) reaffirms the obligation of all States to respect in all circumstances the relevant
principles and norms of international humanitarian law, and of States party to
the 1949 Geneva Conventions and States party to the 1977 Additional Protocols
to ensure respect for the Conventions and Protocols;
(b) strongly condemns the systematic and massive killing of civilians in armed
conflicts;
(c) urges States and all parties to armed conflicts to comply in all circumstances and
to ensure compliance by their armed forces with the relevant principles and
norms of international humanitarian law and, with the support of the
1160 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

International Red Cross and Red Crescent Movement (Movement), to take the
necessary measures to disseminate them;
(d)stresses that international humanitarian law provides for the protection of the
civilian population in case of foreign occupation and against attacks, the effects
of hostilities and dangers arising from military operations;
(e) welcomes the efforts being undertaken to develop the rules of international
humanitarian law applicable to multilateral peacekeeping operations and
enforcement actions;
(f) stresses also the utmost importance, in all circumstances, of humanitarian
standards and the necessity to respect applicable human rights norms;
(g) condemns sexual violence directed against any person and stresses that rape and
forced prostitution in the course of an armed conflict or instigated by any party
to a conflict constitute war crimes;
(h)strongly reasserts the right of a civilian population in need to benefit from
impartial humanitarian relief actions in accordance with international
humanitarian law;
(i) emphasizes the importance for humanitarian organizations to have unimpeded
access in times of armed conflict to civilian populations in need, in accordance
with the applicable rules of international humanitarian law;
(j) invites States party to Additional Protocol I to implement and disseminate the
rules of the Protocol regarding civil defence and recommends that the
International Committee of the Red Cross (ICRC), in collaboration with the
International Civil Defence Organization, encourage international cooperation
in this field and the inclusion of this question in international meetings on
international humanitarian law;
(k) urges the ICRC, the National Red Cross and Red Crescent Societies (National
Societies) and the International Federation of Red Cross and Red Crescent
Societies (International Federation), in accordance with the requirements of
their mandates, to intensify their efforts to disseminate those rules, and to assist
and protect the civilian population in armed conflicts;

B. With regard to women:


(a) expresses its outrage at practices of sexual violence in armed conflicts, in
particular the use of rape as an instrument of terror, forced prostitution and any
other form of indecent assault;
(b) recognizes the fundamental link between assistance to and protection of women
victims of conflict, and urges that strong measures be taken to provide women
with the protection and assistance to which they are entitled under national and
international law;
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1161

(c) strongly condemns sexual violence, in particular rape, in the conduct of armed
conflict as a war crime, and under certain circumstances a crime against
humanity, and urges the establishment and strengthening of mechanisms to
investigate, bring to justice and punish all those responsible;
(d)underlines the importance of providing appropriate training to prosecutors,
judges and other officials in handling such cases, in order to preserve the
dignity and interests of the victims;
(e) encourages States, the Movement and other competent entities and
organizations to develop preventive measures, assess existing programmes and
set up new programmes to ensure that women victims of conflict receive
medical, psychological and social assistance, provided if possible by qualified
personnel who are aware of the specific issues involved;
C. With regard to children:
(a) urgently draws attention to the obligation to take all requisite measures to
provide children with the protection and assistance to which they are entitled
under national and international law;
(b) strongly condemns deliberate killing and sexual exploitation of, and abuse of and
violence against children, and calls for particularly stringent measures to
prevent and punish such behaviour;
(c) also strongly condemns recruitment and conscription of children under the age
of 15 years in the armed forces or armed groups, which constitute a violation of
international humanitarian law, and demands that those responsible for such
acts be brought to justice and punished;
(d)recommends that parties to conflict refrain from arming children under the age
of 18 years and take every feasible step to ensure that children under the age of
18 years do not take part in hostilities;
(e) supports the work being done by the United Nations Commission on Human
Rights on the involvement of children in armed conflicts with a view to
adopting an optional Protocol to the 1989 Convention on the Rights of the
Child, the purpose of which is to increase the protection of children involved in
armed conflicts;
(f) takes note of the efforts of the Movement to promote a principle of non-
recruitment and non-participation in armed conflicts of children under the age
of 18 years, and supports its practical action to protect and assist all children
who are victims of conflict;
(g) encourages States, the Movement and other competent entities and
organizations to develop preventive measures, assess existing programmes and
set up new programmes to ensure that child victims of conflict receive medical,
psychological and social assistance, provided if possible by qualified personnel
who are aware of the specific issues involved;
1162 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

D. With regard to the reunification of families:


(a) demands that all parties to armed conflict avoid any action aimed at, or having
the effect of, causing the separation of families in a manner contrary to
international humanitarian law;
(b) appeals to States to do their utmost to solve the serious humanitarian issue of
dispersed families without delay;
(c) emphasizes that family reunification must begin with the tracing of separated
family members at the request of one of them and end with their coming
together as a family;
(d)stresses the particular vulnerability of children separated from their families as
a result of armed conflict, and invites the ICRC, the National Societies and the
International Federation, within the scope of their respective mandates, to
intensify their efforts to locate unaccompanied children, to identify them, to re-
establish contact and reunite them with their families, and to give them the
necessary assistance and support;
(e) notes that the form of a family may vary from one culture to the other, recognizes
the aspiration of separated families to be reunited and appeals to States to apply
criteria for family reunification in such a way that they take into account the
situation of those family members who are most vulnerable;
(f) requests that the legal status of family members in a host country be determined
swiftly and in a humanitarian spirit, with a view to ensuring the facilitation of
family reunification;
(g) calls upon States to facilitate the tracing activities of their respective National Red
Cross or Red Crescent Societies by granting them access to the relevant data;
(h)encourages National Societies to maximize their efficiency in carrying out
tracing work and family reunifications by strengthening their tracing and social
welfare activities and maintaining close cooperation with the ICRC,
government authorities and other competent organizations, such as the United
Nations High Commissioner for Refugees (UNHCR), the International
Organization for Migration (IOM) and non-governmental organizations
(NGOs) involved in such work;
(i) calls upon States to support National Societies in carrying out such tracing work
and family reunifications;
(j) commends the role of the ICRCs Central Tracing Agency (CTA) in tracing and
reuniting family members, and encourages the CTA to continue to coordinate,
whenever necessary, National Society activities in tracing and reuniting families
and to train National Society staff in the principles and techniques of tracing;
(k) stresses the need and the right of families to obtain information on missing
persons, including missing prisoners of war and those missing in action, and
strongly urges States and parties to armed conflict to provide families with
information on the fate of their missing relatives;
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1163

(l) urges States and parties to armed conflict to cooperate with the ICRC in tracing
missing persons and providing necessary documentation;
(m)notes the increasing importance of the psychological and social aspects of the
needs of victims of armed conflict, and encourages the International Federation
to advise and train National Societies in this field;

E. With regard to the civilian population affected by famine:


(a) strongly condemns attempts to starve civilian populations in armed conflicts;
(b) stresses the following provisions of international humanitarian law:
the prohibition on using starvation of civilians as a method of warfare and on
attacking, destroying, removing or rendering useless, for that purpose, objects
indispensable to the survival of the civilian population,
the prohibition on attacking, destroying, removing or rendering useless any
objects indispensable to the survival of the civilian population,
the general prohibition on forced displacement of the civilian population,
which often causes widespread famine,
the obligation to accept, under the conditions prescribed by international
humanitarian law, impartial humanitarian relief operations for the civilian
population when it lacks supplies essential to its survival;
(c) urges parties to conflict to maintain conditions in which the civilian population
is able to provide for its own needs, in particular by refraining from any
measure intended to cut it off from its sources of supply or access to its crops or
arable land or generally depriving it of objects indispensable to its survival;

F. With regard to the civilian population deprived of water:


(a) stresses that water is a vital resource for victims of armed conflict and the
civilian population and is indispensable to their survival;
(b) calls upon parties to conflict to take all feasible precautions to avoid, in their
military operations, all acts liable to destroy or damage water sources and systems
of water supply, purification and distribution solely or primarily used by civilians;
(c) requests parties to conflict not to hinder access by the civilian population to
water, and to facilitate access for the repair of water supply systems damaged by
hostilities, also by ensuring the protection of personnel engaged in that task;
(d)requests every State to encourage all efforts to bring back into operation water
supply, purification or distribution systems damaged by military operations;

G. With regard to anti-personnel landmines:


(a) expresses deep concern and indignation that anti-personnel landmines kill or
maim hundreds of people every week, mostly innocent and defenceless civilians,
obstruct economic development and have other severe consequences for years
1164 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

after emplacement, which include inhibiting the return and rehabilitation of


refugees and internally displaced persons and the free movement of all persons;
(b) takes note of the fact that the Movement and a growing number of States,
international, regional and non-governmental organizations have undertaken
to work urgently for the total elimination of anti-personnel landmines;
(c) noting also that the ultimate goal of States is to achieve the eventual elimination
of anti-personnel landmines as viable alternatives are developed that
significantly reduce the risk to the civilian population;
(d)welcomes the unilateral steps which some States have taken towards eliminating
all types of anti-personnel landmines and the moratoria on the export of anti-
personnel landmines instituted by many States, urges States that have not yet
done so to take similar unilateral measures at the earliest possible date, and
encourages all States to take further steps to limit transfers;
(e) regrets that the Review Conference of States party to the 1980 United Nations
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, held from 25 September to 13 October 1995, could not
complete its work;
(f) urges States party to the 1980 Convention and the Movement to redouble efforts
to ensure that the resumed sessions of the above-mentioned Review Conference
in 1996 result in strong and effective measures;
(g) urges all States which have not yet done so to become party to this Convention
and in particular to its Protocol II on landmines, with a view to achieving
universal adherence thereto, and further underlines the importance of respect
for its provisions by all parties to armed conflict;
(h)urges all States and competent organizations to take concrete action to increase
their support for mine-clearance efforts in affected States which will need to
continue for many decades, to strengthen international cooperation and
assistance in this field and, in this regard, to provide the necessary maps and
information and appropriate technical and material assistance to remove or
otherwise render ineffective minefields, mines and booby traps, in accordance
with international law;
(i) invites the ICRC to continue to follow these matters in consultation with the
International Federation and National Societies, and to keep the International
Conference of the Red Cross and Red Crescent informed;

H. With regard to blinding and other weapons:


(a) recalling Resolution VII of the 25th International Conference of the Red Cross
concerning the work on international humanitarian law in armed conflicts at
sea and on land;
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1165

(b) reaffirms that international humanitarian law must be respected in the


development of weapons technology;
(c) welcomes the adoption by the above-mentioned Review Conference of a new
fourth Protocol on blinding laser weapons as an important step in the
development of international humanitarian law;
(d)emphasizes the prohibition on the use or transfer of laser weapons specifically
designed to cause permanent blindness;
(e) urges States to declare themselves bound by the provisions of this Protocol at the
earliest possible date and to ensure they have in place necessary national
measures of implementation;
(f) welcomes the general agreement achieved at the Review Conference that the
scope of application of this Protocol should apply not only to international
armed conflicts;
(g) requests States to consider, for example at a subsequent Review Conference,
further measures on the production and stockpiling of blinding laser weapons
prohibited by this Protocol and requests that other issues, such as measures
concerning compliance, should be further considered;
(h)underlines that proper attention should be given to other existing conventional
weapons or future weapons which may cause unnecessary suffering or have
indiscriminate effects;
(i) concerned about the threat to civilian shipping posed by free-floating naval
mines, and notes that a proposal to deal with problems such as this has been
under discussion;
(j) invites the ICRC, in consultation with the International Federation and National
Societies, to follow developments in these fields, in particular the expansion of
the scope of application of the new fourth Protocol, and to keep the
International Conference of the Red Cross and Red Crescent informed.
(Geneva, 1995, Resolution 2)
1166 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

Plan of Action for the years 2000-2003


The members of the 27th International Conference of the Red Cross and Red
Crescent, held in Geneva from 31 October to 6 November 1999, adopt the following
Plan of Action for the coming four years in order to improve the care and
protection of victims of armed conflicts and disasters and more generally of the
most vulnerable people. They will implement the actions set out in the Plan of
Action in accordance with their respective powers, mandates and capacities.
In adopting this Plan of Action, the International Conference recognizes the
unique nature of the cooperation between the International Red Cross and Red
Crescent Movement1 and States2 and the specific mandates of each component of
the Movement. It also reaffirms the commitment of States, adhering to the
purposes and principles of the United Nations Charter, to meet their existing
obligations under international humanitarian law to support the work of each
component of the Movement and to respect at all times the components adherence
to the Fundamental Principles.
The Plan of Action is divided into long-term goals and specific actions which
represent the main areas where a renewed effort is required from States and the
Movement for their respective commitments in the coming four years. 3
The 28th International Conference will evaluate the results attained over the
next four years. The Standing Commission of the Red Cross and Red Crescent will
encourage and further the implementation of the Plan of Action, according to its
statutory mandate, through consultations with States party to the Geneva
Conventions, components of the Movement and other actors, as to the best
methods of achieving this.
1. Protection of victims of armed conflict through respect of international
humanitarian law
Final goals
1.1 Full compliance by all the parties to an armed conflict with their obligations
under international humanitarian law to protect and assist the civilian
population and other victims of the conflict and to respect protected objects
1.2 An effective barrier against impunity through the combination of relevant
international treaties and national laws concerning the repression of
violations of international humanitarian law, and the examination of an
equitable system of reparations

1 The International Red Cross and Red Crescent Movement is composed of the International Committee
of the Red Cross (referred to herein as the ICRC), National Red Cross and Red Crescent Societies (referred
to herein as National Societies) and the International Federation of Red Cross and Red Crescent Societies
(referred to herein as the International Federation). Throughout this document, the term Movement cov-
ers all the aforementioned components.
2 Throughout this document the term States refers to States party to the Geneva Conventions of 1949.
3 In this document actions to be undertaken solely by States or the Movement only commit the specified
actors.
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1.3 Universal acceptance of international humanitarian law and the adoption of


all necessary measures by States at the national level to ensure the
implementation of their obligations under international law
1.4 Integration, by States, of their obligations under international humanitarian
law in relevant procedures and training. Promotion of this law among
relevant persons and bodies
1.5 Conformity of weapons with international humanitarian law, the establishment
of effective controls on the availability of arms and ammunition, and an end to
the human tragedy caused by anti-personnel landmines

Actions proposed
Final goal 1.1 Full compliance by all the parties to an armed conflict with their
obligations under international humanitarian law to protect and assist the civilian
population and other victims of the conflict and to respect protected objects
1. All the parties to an armed conflict take effective measures to respect and
ensure respect for international humanitarian law and to ensure, in particular,
in accordance with their relevant obligations under international humanitarian
law, that:
(a) in the conduct of hostilities, every effort is made in addition to the total
ban on directing attacks against the civilian population as such or against
civilians not taking a direct part in hostilities or against civilian objects to
spare the life, protect and respect the civilian population, with particular
protective measures for women and girls, and groups with special
vulnerabilities such as children, the elderly, persons with disabilities and
displaced persons and to protect civilian objects including cultural property,
places of worship and diplomatic facilities;
(b) strict orders are given to prevent all serious violations of international
humanitarian law, including massacres, summary executions, torture,
gender-based violence in particular rape and other forms of sexual violence,
harassment, enforced disappearances, collective punishment, looting,
wanton property destruction, and threats to carry out such actions; effective
mechanisms are established to ensure that these orders are duly
implemented at all levels and perpetrators punished;
(c) actions provoking unwarranted population displacements are avoided and
if displacement occurs, that displaced persons are respected and protected,
appropriate assistance is provided to them and they are able to return
voluntarily, in peaceful conditions and in safety to their home or to resettle
voluntarily elsewhere;
(d)all persons deprived of their liberty for reasons related to the armed conflict
are fully respected and protected; prisoners of war are released and
repatriated without delay after the cessation of active hostilities, unless subject
to due judicial process; the prohibition of taking hostages is strictly respected;
1168 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

the detention of prisoners and internees is not prolonged for bargaining


purposes which practice is prohibited by the Geneva Conventions;
(e) every effort is made to clarify the fate of all persons unaccounted for and to
inform the families accordingly, and to identify dead persons, inform their
families and return their bodies to them; in order to ensure this, appropriate
procedures be put into place at the latest from the beginning of an armed
conflict;
(f) children receive the special protection, care and assistance, including access
to educational and recreational facilities, to which they are entitled under
national and international law; all measures, including penal measures, are
taken to stop the participation of children under the age of 15 years in
armed hostilities and their recruitment into the armed forces or into armed
groups, which constitute a violation of international humanitarian law; and,
in this context, recall Resolution 2 C (d) of the 26th International
Conference of the Red Cross and Red Crescent of 1995, which recommends
that: parties to conflict refrain from arming children under the age of 18
years and take every feasible step to ensure that children under the age of 18
years do not take part in hostilities;
(g) every possible effort is made to provide the civilian population with all
essential goods and services for its survival; rapid and unimpeded access to
the civilian population is given to impartial humanitarian organizations in
accordance with international humanitarian law in order that they can
provide assistance and protection to the population; the reports and
recommendations of impartial humanitarian organizations are seriously
taken into account;
(h)an attempt is made wherever possible to enhance the safety of protected
persons, and in the framework of international humanitarian law or the
United Nations Charter, to create a humanitarian space through the
establishment of safety zones, humanitarian corridors, and other forms of
special protection for civilian populations and other persons protected
under international humanitarian law.
2. States stress the provisions of international humanitarian law prohibiting the
use of starvation of civilians as a method of warfare and on attacking,
destroying, removing or rendering useless, for that purpose, objects
indispensable to the survival of the civilian population.
3. Organized armed groups in non-international armed conflict are urged to
respect international humanitarian law. They are called upon to declare their
intention to respect that law and teach it to their forces.
4. Parties to an armed conflict use their best endeavours to ensure that conditions
of security are guaranteed in order that the ICRC, in accordance with
international humanitarian law, has access to, and can remain present in, all
situations of armed conflict to protect the victims thereof and, in cooperation
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1169

with National Societies and the International Federation, to provide them with
the necessary assistance. Furthermore, the ICRC continues its efforts to seek to
engage in a constructive dialogue with all parties to an armed conflict, in
cooperation with them and with their consent in regard to which full account of
the Geneva Conventions has to be taken, with a view to assisting them in
meeting their obligations under international humanitarian law.
5. Contributing States, the United Nations or regional organizations ensure as
appropriate that personnel under the command of the United Nations or
regional organizations are instructed in international humanitarian law and
observe the relevant principles and rules of this law.
6. In situations of serious violations of international humanitarian law, States
party to the Geneva Conventions act, jointly or individually, in cooperation
with the United Nations and in conformity with the United Nations Charter.
Regional intergovernmental organizations may participate in these efforts on
the same legal basis.
7. The International Federation, National Societies and the ICRC will continue
their efforts in pursuance of decisions taken within the International Movement
and notably the Plan of Action for Children Affected by Armed Conflict
(CABAC), to promote the principle of non-recruitment and non-participation
of children below the age of 18 years in armed conflicts; meet the physical,
psychological and social needs of children who have been affected by an armed
conflict; and to contribute to the reintegration into their communities and
social environment of children who have participated in armed conflicts.
States are encouraged to engage in a constructive dialogue with the
International Federation, National Societies and the ICRC on the Plan of Action
for Children Affected by Armed Conflict (CABAC).
8. The ICRC formulates a set of guidelines aimed at better addressing the
protection and assistance needs of women and girls affected by armed conflict.
9. States take into consideration the report and recommendations of the United
Nations Secretary General on the Protection of Civilians in Armed Conflict
(S/1999/957 of 8 September 1999).
Final goal 1.2 An effective barrier against impunity through the combination
of relevant international treaties and national laws concerning the repression of
violations of international humanitarian law, and the examination of an
equitable system of reparations
10. States vigorously implement their international obligations regarding the
repression of war crimes, cooperating with each other in doing so where
necessary. States search for persons alleged to have committed, or to have
ordered to be committed, grave breaches and bring them, regardless of their
nationality, before their own courts or if they prefer, and in accordance with the
1170 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

provisions of their own legislation, hand over such persons for trial to another
State with jurisdiction and consider taking similar action pursuant to
international law in respect of other war crimes. States are invited actively to
consider contributing to the setting up of the International Criminal Court and
to adhere to its Statute.
11. States examine mechanisms for making reparations for damage inflicted on the
victims of violations of international humanitarian law.
Final goal 1.3 - Universal acceptance of international humanitarian law and
the adoption of all necessary measures by States at the national level to ensure
the implementation of their obligations under international law
12. States consider or reconsider, in order to enhance the universal character of
international humanitarian law, becoming party to the relevant treaties
concluded since the adoption of the 1949 Geneva Conventions. States express
their appreciation of the ICRCs continued efforts to promote universal
adherence to these treaties. States re-examine ratified instruments with a view
to considering the possibility of withdrawing existing reservations.
13. States adopt the necessary implementing measures, in particular national
legislation for the repression of war crimes, genocide and crimes against
humanity and for the protection of the red cross and red crescent emblems.
States are encouraged to create or further develop national committees or other
mechanisms, with the support of National Societies, in order to facilitate
coordination between ministries. Cooperation also takes place at the regional
and international levels.An information exchange system on implementation of
international humanitarian law is to be considered.
14. The ICRC Advisory Service on International Humanitarian Law, with the
assistance of National Societies, strengthens its capacity to advise and assist
States, with their consent, in their efforts to adopt national measures of
implementation and further develop the database on such measures. States and
national committees or other mechanisms are encouraged to send information
on legislation, case law and other measures taken and planned to the ICRC
Advisory Service.
15. States party to Additional Protocol I to the Geneva Conventions which have not
yet recognized the competence of the International Fact-Finding Commission
pursuant to Article 90 thereof consider again the possibility of doing so. Parties to
armed conflicts are called upon to examine systematically the utility and the
possibility of resorting to the Commission in order to clarify facts or facilitate
respect for international humanitarian law through its good offices. The
International Fact-Finding Commission acts in accordance with international law.
Final goal 1.4 Integration, by States, of their obligations under international
humanitarian law in relevant procedures and training. Promotion of this law
among relevant persons and bodies
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16. States examine their educational and training curricula to ensure that
international humanitarian law is integrated in an appropriate manner in their
training programmes for armed and security forces and relevant civil servants.
States promote knowledge of international humanitarian law among decision-
makers and the media and work for the inclusion of international humanitarian
law in the general educational programmes of relevant organizations,
professional bodies and educational institutions. To facilitate these tasks, the
ICRC will provide, where required, guidelines and material for international
humanitarian law training. National Societies will cooperate in providing such
training where necessary.
17. States ensure that the rules of international humanitarian law are incorporated
into the operational procedures of their armed and security forces and applied by
their forces when they are engaged in operations to which the rules apply. To this
effect, international humanitarian law will be integrated into their field manuals
and, as appropriate, into command procedures, and become a standard norm in
command post and staff exercises as well as in military manoeuvres.
18. The ICRC, in cooperation with National Societies and the International
Federation, develops innovative ways, in collaboration with bodies such as the
media, and religious and other comparable institutions, to promote the
acceptance of international humanitarian law and Red Cross and Red Crescent
principles by all relevant actors in armed conflict situations. States facilitate this
analysis and action by the Movement as appropriate.
Final goal 1.5 Conformity of weapons with international humanitarian law, the
establishment of effective controls on the availability of arms and ammunition,
and an end to the human tragedy caused by anti-personnel landmines
19. States make all possible efforts to end the human tragedy caused by anti-
personnel landmines through concrete steps towards their elimination, for
example, considering adherence to relevant international legal instruments and
prohibiting the transfer of anti-personnel landmines, and through national and
international measures and cooperative efforts in the fields of mine clearance,
mine awareness and assistance to mine victims and their communities.
The Movement implements the long-term Movement Strategy on Landmines
adopted by the 1999 Council of Delegates.
20. States should endeavour, wherever appropriate, to engage in post-conflict
discussions with respect to aiding the victims of war.
21. States which have not done so are encouraged to establish mechanisms and
procedures to determine whether the use of weapons, whether held in their
inventories or being procured or developed, would conform to the obligations
binding on them under international humanitarian law. States are encouraged
to promote, wherever possible, exchange of information and transparency in
relation to these mechanisms, procedures and evaluations.
1172 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

States and the ICRC may engage in consultations to promote these


mechanisms, and in this regard analyse the extent to which the ICRC SIrUS
(Superfluous Injury or Unnecessary Suffering) Project Report to the
27th Conference and other available information may assist States.
22. States take all possible measures for the negotiation of international
instruments in order to adequately address the problems caused by weapons.
States will make all efforts towards the successful conclusion of the negotiations
on a protocol to strengthen the Biological and Toxin Weapons Convention.
23. States enhance the protection of civilians in armed conflict and post-conflict
situations by seeking to strengthen controls on the availability of arms, in
particular small arms and ammunition, at the national, regional and
international levels, including by improving national export regulations. States
examine the establishment of means to integrate consideration of respect for
international humanitarian law into national decision-making on transfers of
arms and ammunition, and, where relevant, examine ways of integrating such
considerations into codes of conduct.
The Movement will promote public awareness of the human costs of
unregulated arms transfers and widespread arms availability and continue to
promote the ratification, and faithful implementation, of the relevant norms of
international humanitarian law governing weapons.
2. Humanitarian action in times of armed conflict and other disasters
Final goals
2.1. Effective response in disaster situations through improved national and
international preparedness
2.2. Strengthened mechanisms of cooperation and coordination amongst States,
the Movement and other humanitarian actors
2.3. Provision for the rights and acute needs of the most vulnerable people as the
first priority for humanitarian action
2.4. Understanding of the respective roles of political, military and humanitarian
actors, and protection of humanitarian personnel

Actions proposed
Final goal 2.1 Effective response in disaster situations through improved
national and international preparedness
1. States will:
(a) establish or update national disaster preparedness plans which incorporate
linkages, where necessary, to international systems of disaster response and
have clearly defined and agreed roles and responsibilities for National
Societies, including representation on appropriate national policy and
coordination bodies;
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1173

(b) examine the vulnerability of their disaster response systems to disaster


damage and take steps to ensure that these systems can continue to operate
effectively in responding to the needs created by disasters;
(c) help, as appropriate, National Societies, in cooperation with the International
Federation, to access and benefit from international funding within the
multilateral context, with a view to strengthening disaster preparedness.
2. National Societies, supported by their respective governments, the
International Federation and the ICRC, will:
(a) strengthen their disaster preparedness and response capacities, including
the raising of community awareness and support, both nationally and
internationally, in response to changing patterns of risk and vulnerability,
and through lessons learned from experience gained over the past decade,
including those within the framework of the International Decade for
Natural Disaster Reduction (IDNDR);
(b) examine the vulnerability of their disaster response systems to disaster
damage and take steps to ensure that these systems can continue to operate
effectively in responding to the needs created by disasters.
3. The International Federation, while drawing upon existing research and the
competence of relevant international bodies, will undertake a study to assess the
future impact of climatic changes upon the frequency and severity of disasters
and the implications for humanitarian response and preparedness.
Final goal 2.2 Strengthened mechanisms of cooperation and coordination
amongst States, the Movement and other humanitarian actors
4. The Movement, supported where appropriate by States, undertakes to improve
cooperation and coordination in its international activities, both internally as
set out in the 1997 Seville Agreement, and with States, the United Nations
system, regional, national and sub-national authorities, international
organizations and other actors, based upon the Code of Conduct for the
International Red Cross and Red Crescent Movement and Non-Governmental
Organizations in Disaster Relief .
5. States and the Movement will support efforts to develop minimum practical
standards for the delivery of humanitarian assistance, such as those elaborated
in the Sphere project (Humanitarian Charter and Minimum Standards in
Disaster Response).
6. The Movement will develop its activities in post-conflict situations. In
particular, the International Federation will develop its strategy to guide post-
conflict relief and rehabilitation programming based on National Societies
capacity for social mobilization and service provision. States and the Movement
will promote better coordination between States, international organizations,
the Movement, NGOs and other organizations in managing the transition from
emergency humanitarian assistance to longer term development assistance.
1174 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

7. States and the Movement will cooperate to further develop:


(a) response mechanisms that are, above all, rapid, flexible and effective in
responding to needs of victims and vulnerable people;
(b) funding mechanisms that provide more predictable and appropriate
funding while recognizing the accountability requirements of all parties.
Final goal 2.3 Provision for the rights and acute needs of the most vulnerable
people as the first priority for humanitarian action

8. States and all parties to an armed conflict will take all necessary measures to
ensure the civilian character of refugee and internally displaced persons camps,
and that appropriate conditions are met regarding location, environment, camp
security, law and order, and registration. The Movement will offer its services,
where required, in assisting to meet these responsibilities.

9. National Societies, the International Federation and the ICRC, according to


their respective mandates and in accordance with international humanitarian
law, may offer their services on behalf of refugees and asylum seekers in
cooperation with UNHCR, and, taking note of the Guiding Principles on
Internal Displacement, may also offer their services on behalf of internally
displaced persons, and will:
(a) extend support to States in fulfilling their obligations to assist and protect
refugees, asylum seekers and internally displaced persons;
(b) ensure that their programmes support host government efforts to seek
durable solutions for displaced populations, including voluntary
repatriation in safety and dignity, in dialogue with countries of origin;
(c) promote efforts to develop solidarity and understanding between host
communities and refugees, asylum seekers and internally displaced persons.

10. States and the Movement encourage the United Nations Security Council,
before applying economic sanctions, to take into account the needs of the
civilian population and apply humanitarian exemptions, as appropriate. States
welcome the note by the President of the Security Council of 29 January 1999
on the work of the sanctions committees, in particular the paragraphs relating
to the humanitarian impact of sanctions.

Final goal 2.4 Understanding of the respective roles of political, military and
humanitarian actors, and protection of humanitarian personnel

11. Political and military actors and humanitarian organizations, while


acknowledging and respecting the clear distinction between their different
missions and modes of operations, will undertake at the national and
international levels to strengthen their dialogue in order to ensure a clear
understanding of, and respect for, each others mandates and roles.
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ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1175

12. Humanitarian personnel will be respected and protected at all times. Threats to,
and attacks on, such personnel will be duly investigated and those alleged to
have committed such attacks will be brought to justice under due process of law.
In this context, States are encouraged to consider becoming parties to the 1994
Convention on the Safety of United Nations and Associated Personnel.

3. Strategic partnership to improve the lives of vulnerable people


Final goals
3.1 Improved health for vulnerable people based on strengthened cooperation
between States and National Societies
3.2 New initiatives to meet the needs of vulnerable people and to reduce
discrimination and violence in the community
3.3 Increased National Society capacities and effective partnership with States,
and cooperation with relevant humanitarian and development organizations
Actions proposed
Final goal 3.1 Improved health for vulnerable people based on strengthened
cooperation between States and National Societies
1. States note the important role of National Societies in providing and advocating
for improved health and social services particularly for vulnerable groups, and
will strengthen their cooperation with their National Societies to further this
end. States will provide opportunities, where appropriate, for National Societies
to be represented in policy, planning and implementation bodies.
2. States, National Societies, and the International Federation, together with the
appropriate international and national bodies, will develop their collaboration
to increase promotion and provision of primary health care, with particular
emphasis on preventative primary health care and the well-being of vulnerable
people in inaccessible and under-served areas, and in the most deprived
sections of large cities.
3. States recognize that blood service provision as part of health care is the overall
responsibility of governments. National Societies will support national blood
programmes as needed through the provision of high quality and safe blood
services based upon voluntary, non-remunerated blood donation. To this end,
States will strive to ensure, where appropriate, that adequate resources are made
available to National Societies involved in such programmes.
4. The International Federation and National Societies will, in cooperation with
States, and appropriate national and international bodies, further strengthen
their capacity to prevent, treat and control communicable diseases (including
emerging and re-emerging diseases), especially tuberculosis, HIV/AIDS and
other sexually transmitted diseases, malaria and vaccine-preventable diseases.
1176 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

5. States recognize the intrinsic value of first-aid training for the public as an
effective means for prevention, preparedness and response to emergencies as
well as day-to-day health problems. Accordingly, States, where appropriate, will
give consideration to providing opportunities for first-aid training for school
children, public servants, health professionals and members of the community,
utilizing in particular the expertise and capacity of their National Societies.
6. States will respond to the growing global problem of road accidents through, for
example, the further development of road safety measures in collaboration with
all concerned partners, in particular National Societies. Concerned National
Societies will develop their role in support of first-aid training and public
awareness activities to reduce levels of road accidents and the resulting
casualties, especially amongst vulnerable populations.
Final goal 3.2 New initiatives to meet the needs of vulnerable people and to
reduce discrimination and violence in the community
7. The ICRC, the International Federation and National Societies, with the
support of States where applicable, will develop innovative ways to explain and
communicate the Fundamental Principles of the Red Cross and Red Crescent,
inside the Movement and externally to local authorities and the community, as
a means of:
(a) ensuring that all volunteers and staff of the Movement understand and act
on the basis of the Fundamental Principles in their day-to-day work;
(b) ensuring that public authorities understand the role of the Movement, use
its capacity and facilitate its access to vulnerable people in peaceful and
violent circumstances, in accordance with applicable international law;
(c) developing mutual understanding and fostering initiatives in the
community, taking into account the diversity of its cultural, religious and
other representative features, to protect life and health and to ensure respect
for the human being.
8. States, where appropriate, will facilitate access to schools and universities for
National Societies, the International Federation and the ICRC, and will
contribute to the development of communication and teaching materials which
foster understanding of the Fundamental Principles.
9. National Societies will review and adjust their service delivery and
communication programmes to ensure that they fully represent the application
of the Fundamental Principles, with particular reference to advocacy for, and
services to, the most vulnerable people in the community.
10. National Societies, in reviewing their programmes, will pay special attention to
the needs of children living in difficult circumstances, in particular street
children. With the support of the International Federation, they will develop
their activities and advocacy, where appropriate, to contribute to meeting these
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ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1177

needs. States, where appropriate, will draw on the capacities of National


Societies, and support their actions in meeting the needs of street children.
11. States will seek to improve the plight of children living in difficult
circumstances by meeting their special needs, with emphasis on prevention of
sexual exploitation and physical and other forms of abuse and the sale of
children with the ultimate objective of the reintegration of these children into
their families and society. States will strive to achieve the rapid conclusion of the
work of the United Nations Working Group on an Optional Protocol to the
Convention on the Rights of the Child, on the Sale of Children, Child
Prostitution and Child Pornography.
12. National Societies and States will cooperate and, as appropriate, take initiatives
to promote tolerance, non-violence in the community and respect for cultural
diversity.
Final goal 3.3 Increased National Society capacities and effective partnership
with States, and cooperation with relevant humanitarian and development
organizations
13. States, recognizing the auxiliary role of National Societies and the growing
significance of their work in the provision of services and the fostering of
respect for the human being, will:
(a) where necessary, commit to further strengthening the capacity of the
National Society of their own country, facilitating and supporting its role in
response to new challenges in the national context;
(b) recognize the growing importance of volunteers as providers of practical
and emotional support to vulnerable people in the community, thus
complementing the coverage of needs not met by the formal service delivery
system. States consequently review, and where necessary, introduce or
update legislation so as to facilitate the efficient work of relevant voluntary
organizations;
(c) increase their support for building a stronger, global National Society
network, better able to respond to needs in the community and to disasters.
In this they will give due recognition to the experience of the Tripartite
Process launched by the International Federation in follow-up to the
26th International Conference;
(d)as appropriate, increase their support for coordination between the National
Society network and relevant humanitarian and development organizations.
14. National Societies, in order to ensure their capacity to respond more effectively
to new challenges, will:
(a) take new initiatives to ensure a well-balanced participation by people from
all sectors of society in their organization and programmes, and promote
their integration into National Society decision-making processes and
leadership positions;
1178 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

(b) review their legal base and statutes to determine whether they need to be
updated. As part of this process they will consider the draft model law
prepared by the International Federation and the ICRC, the guidelines for
National Society statutes and other relevant decisions of Movement and
International Federation statutory bodies;
(c) commit themselves to increased coordination and cooperation with
relevant humanitarian and development organizations.
15. The International Federation will:
(a) continue its research, in cooperation with National Societies, on specific
aspects of voluntarism, in order to develop updated policy and guidelines;
(b) initiate, in cooperation with National Societies and the ICRC, an in-depth
study into the working relationship between States and National Societies,
taking into account the changing needs in the humanitarian, health and social
fields, the auxiliary role of National Societies and the evolving role of the
State, the private sector and voluntary organizations in service provision;
(c) implement Strategy 2010, adopted by its General Assembly in October 1999,
which seeks to build the individual and collective actions of National Societies,
in cooperation with States, in order to improve the lives of vulnerable people.
(Geneva, 1999, Resolution 1, Annex 2)
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Movement action in favour of refugees and internally displaced persons


The Council of Delegates,
expressing its deep concern about the need to improve protection and assistance
to the tens of millions of persons who have been forcibly uprooted and displaced
by armed conflict, violations of international humanitarian law and human rights
and natural or other human-induced disasters,
welcoming the document prepared by the International Committee of the Red
Cross (ICRC) and the International Federation of Red Cross and Red Crescent
Societies (International Federation) entitled Movement Action in Favour of
Refugees and Internally Displaced Persons (Document CD2001/6/1),
recalling and reaffirming the resolutions adopted by the International
Conference of the Red Cross and Red Crescent (Resolution XXI, Manila 1981;
Resolution XVII, Geneva 1986, Resolution 4A, Geneva 1995 and Goal 2.3 of the
Plan of Action of the 27th International Conference, Geneva 1999) as well as the
Resolutions adopted by the Council of Delegates (Resolution 9, Budapest 1991 and
Resolution 7, Birmingham 1993),
recalling that in situations of armed conflict refugees and internally displaced
persons are protected by international humanitarian law, recalling also the
protection afforded by refugee law, human rights law and national law and
encouraging all components of the Movement, in accordance with their mandates,
to take appropriate measures to ensure that States are aware of their responsibilities
under international humanitarian law, refugee law, human rights law as well as
national law applicable to refugees and internally displaced persons,
emphasizing the importance of respect for international humanitarian law for
the prevention of displacement,
noting the need for the components of the Movement to agree upon and
implement a coherent strategy for ensuring a predictable response to the needs of
refugees and internally displaced persons, while retaining a global approach based
on a response to needs rather than on categories of persons,
noting further the requirements that all activities carried out by the components
of the Movement in favour of refugees and internally displaced persons be in
accordance with their respective mandates as outlined in the Statutes of the
Movement and the Seville Agreement and in respect of the Fundamental Principles
of the Movement,

Movement response to the needs of refugees and internally displaced persons


1. calls upon the ICRC, the International Federation and National Red Cross and
Red Crescent Societies (National Societies), in accordance with their respective
mandates, to seek to ensure at all times that the Movements response adopts a
global approach, addressing both the needs of refugees and internally displaced
persons whenever possible, by appropriately addressing all stages of
displacement, from prevention to return and also the needs of the resident
1180 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

population in order to ensure respect for the Principle of Impartiality at all


times. In particular, such a response should take into account:
- the need for protection, assistance, tracing, family reunification and durable
solutions such as return, local settlement, or resettlement in a third country;
- the specific needs of different groups within populations of refugees and
internally displaced persons, as well as their different needs at different stages
of displacement;
- the need for short-term interventions and long-term solutions;
- the need to involve refugees and internally displaced persons in planning and
implementing programmes for their own benefit;
- the needs of host and local communities;
- the need for burden sharing within the Movement to assist National Societies
where responding to displacement is beyond their individual capacities;
- the need to develop a strong advocacy platform with common Movement
positions;
Coordination and cooperation within the Movement
2. requests the ICRC and the International Federation to develop a strategy to
address the issues and challenges identified in Section VI of the above-
mentioned document (CD 2001/6/1) by means of a regular and efficient
exchange of information between the various components of the Movement as
well as between the headquarters and the field;
3. recognizes that there may be circumstances in which the ICRC, as the Lead
Agency in situations of armed conflict must focus on the priority needs of
refugees and internally displaced persons who find themselves closest to areas
of conflict, while there may be displaced persons located at a distance from the
theatre of hostilities who may also be in dire need of assistance, and urges the
ICRC, in consultation with the International Federation and National Societies,
to develop, within the framework of the Seville Agreement, operational
solutions to such situations;
4. calls on National Societies to support ICRC and/or International Federation
programmes in favour of refugees and internally displaced persons mobilizing
public as well as government support and coordinating their action with the
Lead Agency to ensure the most effective Movement response;
Coordination and cooperation with other humanitarian actors
5. requests the ICRC, the International Federation and National Societies jointly
and individually, in accordance with their respective mandates, to continue to
closely co-ordinate their activities in this area and promote real coordination
with other humanitarian actors, aiming to achieve a coherent approach by the
components of the Movement in their relations with other humanitarian actors
to achieve greater complementarity in their activities;
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6. urges National Societies to ensure that their activities in favour of refugees and
internally displaced persons are carried out in respect of the Fundamental
Principles of the Movement and existing policy at all times, and particularly
when they are acting as implementing partners for other humanitarian actors;
7. reminds National Societies of their obligation to inform the International
Federation and/or the ICRC of any negotiations likely to lead to a formal
agreement between them and any agency of the United Nations or any other
international organization. The International Federation and/or the ICRC will
assist National Societies in negotiations likely to lead to an agreement with
United Nations High Commissioner for Refugees (UNHCR) and must concur
with the terms of any such agreement in order to ensure coherence and
complementarity;
8. requests that the ICRC and the International Federation jointly initiate a process
of consultation with the UNHCR with a view to clarifying the terms upon
which the components of the Movement engage in cooperation with UNHCR,
and to report thereon to the next Council of Delegates;
Development of Movement Strategy
9. calls upon the ICRC and the International Federation to further develop
proposals for Movement strategy on refugees and internally displaced persons,
in consultation with National Societies, and to report to the next Council of
Delegates;
10. further calls upon the International Federation, in consultation with National
Societies to develop proposals for a plan of action on other aspects of population
movement. This plan of action will address, inter alia, migration and resultant
vulnerability, migrants in irregular situations, and action to address discrimination
and xenophobia. The International Federation will report thereon to the next
session of its General Assembly. (Council of Delegates, Geneva, 2001, Resolution 4)

Adoption of the Declaration and Agenda for Humanitarian Action


The 28th International Conference of the Red Cross and Red Crescent (the
Conference),
A.
Taking note with appreciation of the measures taken to implement the Plan of
Action adopted by the 27th International Conference,
welcoming the report on implementation of the Plan of Action adopted by the
27th International Conference, prepared by the ICRC and the International
Federation,
encouraging all members of the Conference to continue their work on the
implementation of that Plan of Action.
1182 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

B.
1. adopts the Declaration of the 28th International Conference,
2. stresses the need to reinforce implementation of and respect for international
humanitarian law, and in this regard
notes that all States must take national measures to implement international
humanitarian law, including training of the armed forces and making this
law known among the general public, as well as the adoption of legislation
to punish war crimes in accordance with their international obligations,
calls upon States to use and to ensure the effective functioning of existing
implementation mechanisms of international humanitarian law, pursuant to
international obligations undertaken by them, and calls upon States party to
the 1977 Additional Protocol I to the 1949 Geneva Conventions, which have
not yet recognized the competence of the International Fact-Finding
Commission pursuant to Article 90 thereof, to consider again the possibility
of doing so,
3. adopts the Agenda for Humanitarian Action,
4. urges all members of the Conference to implement the Declaration and the
Agenda for Humanitarian Action, in accordance with their respective powers,
mandates and capacities, with a view to reaching the goals defined,
5. invites international and regional organizations to implement the commitments
of the Declaration and the Agenda for Humanitarian Action which concern
them,
6. requests all members of the Conference to make every possible effort to ensure
that all actors concerned implement, as appropriate, the Declaration and the
Agenda for Humanitarian Action,
7. requests the Standing Commission of the Red Cross and Red Crescent to
encourage and further the implementation of the present Resolution, including
the Declaration and the Agenda for Humanitarian Action, according to its
statutory mandate, through consultations with States party to the Geneva
Conventions and other actors,
8. requests all members of the Conference to inform the ICRC and the International
Federation on progress made with the implementation of the Declaration and the
Agenda for Humanitarian Action, with a view to the presentation of a report on
implementation to the International Conference in 2007,
9. requests the ICRC and the International Federation to implement and support
the implementation of the Declaration and the Agenda for Humanitarian
Action through the work of their respective headquarters and delegations,
10. requests the members of the Conference to report to the International
Conference in 2007, on the follow-up given to their pledge(s).
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ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1183

C.
11. thanks the ICRC for its report on International Humanitarian Law and the
Challenges of Contemporary Armed Conflicts and invites it to continue to
generate reflection and conduct consultations on the issues identified therein as
well as to analyse future challenges,
12. notes with appreciation the efforts undertaken by the ICRC to conduct the study
on customary international humanitarian law and requests the ICRC to
continue its work and to report to the International Conference in 2007,
13. welcomes the study carried out by the International Federation in response to
the request made by the 27th International Conference on National Red Cross
and Red Crescent Societies as auxiliaries to the Public Authorities in the
Humanitarian Field, in particular notes the concept outlined in the conclusions
of the study concerning the Characteristics of a balanced relationship between
States and National Societies, and invites the International Federation to
continue its work on this subject, further extending the work to include more
in-depth consultations with States, as well as with National Societies and to
report further to the International Conference in 2007.

Declaration
Protecting human dignity
Gathered in Geneva for the 28th International Conference of the Red Cross and
Red Crescent we, members of this Conference, cannot accept that millions of people
are unable to meet their basic needs because of armed conflicts, disasters and diseases.
As representatives of the States party to the Geneva Conventions and the components
of the International Red Cross and Red Crescent Movement, we therefore affirm our
commitment, through this Declaration, to protect human dignity in all
circumstances by enhancing respect for the relevant law and reducing the
vulnerability of populations to the effects of armed conflicts, disasters and diseases.
Protecting human dignity calls for a renewed partnership between States and
components of the Movement to promote respect for all human beings in a spirit
of solidarity, irrespective of their origins, beliefs, religions, status or gender.We thus
commit ourselves to reaffirming and applying the principles and rules of
international humanitarian law, including customary rules, to increasing respect
for humanitarian principles and values, to promoting tolerance, non-
discrimination and respect for diversity among all peoples, and we welcome
regional and other initiatives to promote respect for all human beings.
Armed conflicts, indiscriminate violence and acts of terror continue to threaten
the safety and security of innumerable people and undermine efforts to bring about
lasting peace and stability in the world. We call on States to consider ratification of,
or accession to, treaties of international humanitarian law to which they are not yet
party. We reaffirm the responsibility of all States to respect and ensure respect for
1184 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

international humanitarian law, regardless of the nature or origin of the conflict. We


also call upon them to make use of existing implementation mechanisms, such as
Protecting Powers and the International Fact-Finding Commission, pursuant to
international obligations undertaken by them. States shall disseminate international
humanitarian law to their armed forces and the civilian population. Efforts to
educate the civilian population may be undertaken in collaboration with the
Movement and such bodies as the media and religious and other comparable
institutions. Convinced that the existing provisions of international humanitarian
law form an adequate basis to meet challenges raised by modern armed conflicts, we
solemnly urge all parties to an armed conflict to respect all applicable treaties and
customary rules of international humanitarian law.
We call upon all parties to an armed conflict to make all efforts to reduce
incidental and prevent deliberate injury, death and suffering of civilian populations.
The principle of distinction between the civilian population and combatants and
between civilian objects and military objectives, and the principle of proportionality
in the conduct of hostilities must be upheld in all circumstances. We call upon all
parties to an armed conflict to take all feasible precautionary measures to minimize
incidental civilian casualties and damage. We urge all parties to an armed conflict to
ensure special respect and protection of women and children in accordance with
international humanitarian law. In addition, the cultural heritage of peoples should
be protected. We call on all parties to an armed conflict to take all feasible measures
to prevent pillage of cultural property and places of worship and acts of hostility
against such property not used for military purposes, as well as to prevent adverse
effects on the environment. We also call on States to comply fully with the provisions
of international humanitarian law, in particular, the Fourth Geneva Convention in
order to protect and assist civilians in occupied territories.
Deploring in particular the rising humanitarian costs of non-international
armed conflicts, we urge States to strengthen implementation of existing
protections for civilian objects and persons affected by these conflicts and to
examine if more elaborate rules on their protection are needed. In no case should
existing standards of protection be weakened.
New security threats endanger the world today. International humanitarian law
is applicable to all situations of armed conflict and foreign occupation. We
vigorously condemn all acts or threats of violence aimed at spreading terror among
the civilian population. In addition, we recall the protections granted by
international humanitarian law to persons captured in connection with an armed
conflict. All detainees must be treated with humanity and with respect for their
inherent dignity. The inherent dignity of every human being can best be promoted
and safeguarded through a complementary application of, in particular,
international humanitarian law, human rights law and refugee law, as appropriate.
International humanitarian law is not an obstacle to justice, and it requires that all
persons alleged to have committed crimes be granted due process of law and fair
trial. Moreover, we affirm that no State, no group or individual is above the law and
no one should be considered or treated as beyond its reach.
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Every year, millions of people are killed as a consequence of disasters, diseases


and armed conflicts. The largest number of deaths occur from these events among
the worlds most vulnerable populations living in poverty and lacking access to
basic services, information, or decision-making processes. Infectious diseases such
as HIV/AIDS, tuberculosis and malaria are having a staggering effect on our world.
Those who suffer most are the poor, refugees, internally displaced persons,
migrants, minorities, the indigenous, and disabled persons, together with others
rendered vulnerable by armed conflicts, disasters or social marginalization, in
particular, women and children. Stigma and discrimination against such persons
further increases their vulnerability and risk. Protecting human dignity requires
the raising of health standards and the reduction of health risks through
comprehensive prevention, treatment and care measures, including access to
medicines at affordable prices. Accordingly, we commit ourselves to efforts to
reduce the risks and effects of disasters on vulnerable populations, as well as to
reduce their vulnerability to disease due to stigma and discrimination, particularly
that faced by people living with and affected by HIV/AIDS. In doing this, we will
work together through new initiatives to respond to the challenges in building local
capacity and enhance volunteerism and strengthen partnership between States, the
components of the Movement and other organizations.
Profoundly alarmed by the growing number of acts of violence or threats
against humanitarian workers, we state that they must be respected and protected
in all circumstances in their vital role to prevent and alleviate suffering. Their
independence from political and military actors must be reaffirmed. States are
urged to ensure that crimes against humanitarian workers do not remain
unpunished. They shall denounce such crimes and do their utmost to prevent
attacks on humanitarian workers and relief aid. Furthermore, humanitarian
workers should be allowed free and unimpeded access in accordance with the rules
provided for in relevant international law to populations affected by armed
conflicts, disasters and diseases, or under foreign occupation. We reaffirm the
responsibility of States to respect the adherence of the components of the
International Red Cross and Red Crescent Movement to its Fundamental
Principles in order to provide impartial, neutral and independent protection and
assistance for all those most in need. We also reaffirm the responsibility of the
components of the Movement to cooperate with States in accordance with their
respective mandates and the Statutes of the Movement.
The commitment in this Declaration is complemented by our resolve to
undertake specific actions identified in the Agenda for Humanitarian Action which
focuses on four issues: missing persons and their families; the human costs of the
availability, use and misuse of weapons; reducing the risk and impact of disasters
on vulnerable populations; and reducing the vulnerability to HIV/AIDS and other
diseases due to stigma and discrimination.
These threats to human dignity represent some of the most pressing
humanitarian challenges facing the world today.
1186 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

Agenda for Humanitarian Action


The Agenda for Humanitarian Action focuses on the main theme and overall
goal of the International Conference, namely Protecting Human Dignity, and sets
out action-oriented goals and measures that States and the components of the
International Red Cross and Red Crescent Movement1 can undertake to protect
human dignity.
Four humanitarian concerns are addressed in the Agenda:
Address the issue of persons missing in connection with armed conflict or other
situations of armed violence leading to numerous persons becoming missing
(hereinafter referred to as other situations of armed violence) and that of
assistance to their families, taking into account the observations and
recommendations of the ICRC International Conference of Governmental and
Non-Governmental Experts held in Geneva on 19-21 February 2003;
Address the human costs of the availability, use and misuse of weapons in armed
conflicts;
Reduce the risk and impact of disasters and improve preparedness and response
mechanisms;
Reduce the risk and impact of HIV/AIDS and other infectious diseases with regard
to vulnerable people.
The Agenda for Humanitarian Action sets out a number of clear, measurable,
realistic objectives for Conference members to achieve from 2004 to 2007. These
objectives relate to areas in which the International Conference, as a unique forum
bringing together States and the components of the Movement, can make a specific
contribution to solving current concerns and challenges in the humanitarian field,
without duplicating existing efforts in other international forums to address similar
issues. However, the impact of the Agenda for Humanitarian Action will depend on
the active commitment of all Conference members to its full implementation.

Enhancing protection in armed conflicts


and other situations of armed violence
General objective 1 Respect and restore the dignity of persons missing as a
result of armed conflicts or other situations of armed violence and of their
families
The aim is to resolve the problem of missing persons, assist their families and
prevent others from becoming missing,
by increasing efforts by governments, the military, and national and international
organizations including the worldwide Red Cross and Red Crescent network to

1 The International Red Cross and Red Crescent Movement is composed of the International Committee
of the Red Cross (referred to herein as the ICRC), the National Red Cross and Red Crescent Societies
(referred to herein as the National Societies) and the International Federation of Red Cross and Red
Crescent Societies (referred to herein as the International Federation). Throughout this document, the term
Movement covers all the aforementioned components.
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ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1187

take concrete action and to reaffirm, reinforce and steadfastly respect and
implement the protection afforded by international law,
in order to ensure accountability on the part of the authorities responsible for
resolving these issues.

Final Goal 1.1 Prevent persons from becoming missing


In armed conflict or other situations of armed violence, all persons are
protected from becoming missing, without distinction as to the deliberate or
incidental character of the event.
Actions proposed
1.1.1 State authorities take effective measures to provide means of personal
identification, at a minimum identification discs, for all members of armed
and security forces and to ensure their compulsory and proper use.
1.1.2 State authorities take effective measures to provide means of personal
identification for minors at risk and to make such means readily available to
all concerned persons.
1.1.3 State authorities and other concerned actors, in particular National Societies,
take effective measures to increase knowledge among civilians on how to
protect themselves from becoming missing. These concerned actors and the
ICRC take measures to gain access to all civilians and to register those at risk
of becoming missing.
1.1.4 State authorities and other concerned actors, in particular National Societies
and the ICRC, take effective measures to ensure that during armed conflict or
other situations of armed violence all persons are allowed to maintain
contact with their relatives.
1.1.5 State authorities take effective measures to immediately notify families,
counsel and any other person with a legitimate interest in the matter, of the
situation of persons deprived of their liberty and to prevent extra-judicial
executions, torture and detention in secret locations.
Final Goal 1.2 Ascertain the fate of missing persons
Article 32 of the 1977 Additional Protocol I refers to the right of families to
know the fate of their relatives. In this spirit, families are to be informed of the fate,
including the whereabouts, and, if dead, the cause of death of their family members
who are missing as a result of armed conflict or other situations of armed violence.
Families and communities receive acknowledgement of the events leading to
persons becoming missing, and the perpetrators of violations leading to such
situations are held accountable.
Actions proposed
1.2.1 State authorities and other concerned actors, in particular National Societies
and the ICRC, take effective measures to ensure that families know the fate,
including the whereabouts, of their missing relatives. In case of death of these
1188 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

relatives, family members should know the cause and circumstances of


death, in order to facilitate acceptance of their death and the commencement
of the mourning process.
1.2.2 State authorities take effective measures to set up, whenever necessary,
appropriate mechanisms for responding to the need of families for informa-
tion, official acknowledgement and accountability.
Final Goal 1.3 Manage information and process files on missing persons
The collection and sharing of information by all those concerned is properly
and actively undertaken and coordinated, thereby strengthening the effectiveness
of actions taken to ascertain the fate of missing persons as a result of armed conflict
or other situations of armed violence.
Actions proposed
1.3.1 State authorities and other concerned actors, in particular National Societies
and the ICRC, take effective measures to properly compile, manage and
process files on missing persons and to properly centralize personal
information that may serve to ascertain their fate.
1.3.2 State authorities and other concerned actors, in particular National Societies and
the ICRC, take effective measures to respect relevant standards and principles
regarding the protection of personal information wherever such information,
including medical and genetic information, is collected, managed and processed.
Final Goal 1.4 Manage human remains and information on the dead
Information is provided on those who have died in connection with armed con-
flict or other situations of armed violence so as to reduce the number of missing
persons, help ascertain the fate of those who are missing and put an end to the
uncertainty and anxiety of their families.
Actions proposed
1.4.1 State authorities and other concerned actors, in particular National Societies
and the ICRC, take effective measures to properly search for, collect, identify
and dispose of human remains without adverse distinction, while respecting
the dead and the secular and religious mourning practices of the individuals
and communities concerned.
1.4.2 State authorities and other concerned actors take effective measures to agree
upon a framework for exhumation and identification before beginning any
such process, and ensure that forensic specialists, whenever possible, carry
out all procedures to exhume and identify human remains.
Final Goal 1.5 Support families of missing persons
While the families of missing persons undergo much the same experiences as
the rest of the population affected by armed conflict or other situations of armed
violence, in addition, they have unique needs associated with the disappearance of
a relative, which vary according to the context and are specifically addressed.
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Actions proposed
1.5.1 State authorities and other concerned actors, in particular National Societies,
the ICRC and the International Federation, take targeted measures to protect
and assist the families of missing persons, paying attention to the particular
needs of women and children.
Final Goal 1.6 Encourage organized armed groups engaged in armed
conflicts to resolve the problem of missing persons, assist their families
and prevent others from becoming missing
States Parties to the Geneva Conventions and other concerned actors, in particular
the ICRC and, where possible, National Societies, encourage organized armed groups
to fulfil general objective 1, including its final goals and the corresponding actions.

General objective 2 Strengthen the protection of civilians in all situations


from the indiscriminate use and effects of weapons and the protection of
combatants from unnecessary suffering and prohibited weapons through
controls on weapons development, proliferation and use
The aim is to protect human dignity in the face of continued human suffering caused
by anti-personnel mines and explosive remnants of war, the widespread proliferation
of weapons and disregard of rules concerning their use, and the development of new
weapons and technologies that can be used for hostile purposes,
by reaffirming, reinforcing and steadfastly respecting and implementing the
protections afforded by international humanitarian law,
in order to ensure that the means used to conduct military operations are
consistent with international humanitarian law; that adequate measures are taken
to prevent serious violations of the law; and that existing legal norms are main-
tained in the face of scientific developments.
Final Goal 2.1 End the suffering caused by anti-personnel mines
Global mine action efforts are increased and the goal of the eventual global
elimination of anti-personnel mines is pursued.
Actions proposed
2.1.1 States, in partnership with the components of the Movement, will provide
assistance for the care, rehabilitation, social and economic reintegration of
war-wounded, including mine victims; for mine-awareness and clearance
programmes. The ICRC will continue to play a lead role in the implemen-
tation of the Movement Strategy on Landmines. National Societies, in
partnership with the ICRC and States, will maintain mine action among their
priorities and develop their capacity in this regard.
2.1.2 All States will pursue the ultimate goal of the eventual global elimination of
anti-personnel mines. States not yet party to the Convention on the
Prohibition of the Use, Stockpiling, Production and Transfer of Anti-
Personnel Mines and on their Destruction, are encouraged to consider
adhering to it at the earliest opportunity.
1190 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

2.1.3 States party to this Convention should develop, in time for the First Review
Conference, national programmes for clearance, stockpile destruction, mine
awareness and victim assistance consistent with the Conventions deadlines.
States Parties in a position to do so are encouraged to increase their efforts to
ensure the resources necessary to fully implement the Convention. Each State
party to this Convention should adopt all necessary measures to implement
it, including criminal sanctions and the harmonization of military doctrine
with the Conventions obligations.

Final Goal 2.2 Minimize suffering from weapons that may be excessively
injurious or have indiscriminate effects
Civilian deaths and injuries caused by explosive remnants of war should be
significantly reduced. Adherence to the Convention on Certain Conventional
Weapons, its Protocols and the amendment extending the Conventions scope of
application to non-international armed conflict is increased.
Actions proposed
2.2.1 The Conference warmly welcomes the adoption of the Protocol on Explosive
Remnants of War to the Convention on Certain Conventional Weapons (CCW,
Protocol V), and encourages States to consider its ratification as soon as
possible. The global human and social costs of explosive remnants of war should
be addressed through increased international efforts in the fields of clearance,
risk education and victim assistance and, when ratified, the implementation of
the new Protocol. The Movement will implement its Strategy on Landmines, as
extended to explosive remnants of war, and develop its capacity for this purpose.
2.2.2 States are encouraged to continue efforts to reduce the effects on civilians of
mines, booby-traps and similar devices through considering ratification of
amended Protocol II to the CCW and its full implementation.
2.2.3 States, both through national measures and further efforts in the context of
the CCW, are encouraged to consider measures to minimize the risk of
explosive ordnance becoming explosive remnants of war and to reduce the
human costs of mines other than anti-personnel mines.
2.2.4 In order to minimize civilian deaths and injuries resulting from certain
munitions, including submunitions, States will rigorously apply the rules on
distinction, proportionality, and precautions in attack. In this regard,
components of the Movement will continue to promote measures to avoid
civilian casualties resulting from explosive remnants of war and submunitions.
2.2.5 States should take all necessary measures to ensure the full implementation
of the Protocols to the CCW to which they are a party. States not yet party to
the CCW and all its Protocols are encouraged to consider adhering to these
instruments. States Parties that have not already done so should consider
adhering to the extension of the Conventions scope of application to non-
international armed conflict.
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Final Goal 2.3 Reduce the human suffering resulting from the uncon-
trolled availability and misuse of weapons
In recognition of States obligation to respect and ensure respect for international
humanitarian law, controls on the availability of weapons are strengthened in
particular on small arms, light weapons and their ammunition so that weapons do
not end up in the hands of those who may be expected to use them to violate
international humanitarian law. Complementary steps are taken to reduce the misuse
of weapons through the promotion of respect for this law.
Actions proposed
2.3.1 States should make respect for international humanitarian law one of the
fundamental criteria on which arms transfer decisions are assessed. They are
encouraged to incorporate such criteria into national laws or policies and
into regional and global norms on arms transfers.
2.3.2 States should take concrete steps to strengthen controls on arms and
ammunition. In particular, States should urgently enhance efforts to prevent
the uncontrolled availability and misuse of small arms and light weapons,
taking into account the United Nations Programme of Action to Prevent,
Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in
All Its Aspects, and other relevant instruments, particularly those developed
in a regional framework.
2.3.3 States, with the support of the ICRC and National Societies, should ensure
that armed, police and security forces receive systematic training in
international humanitarian law and human rights law, in particular
concerning the responsible use of weapons. Where appropriate, similar
training should be encouraged for organized armed groups.
2.3.4 States, the ICRC and National Societies should strive to reduce the demand
for and misuse of weapons by promoting a culture of tolerance and
establishing educational programmes or similar initiatives among the
civilian population. They will also increase awareness of the risks to safety of
small arms and light weapons, especially among children.
2.3.5 States, the ICRC and National Societies in a position to do so will strengthen
efforts to record and document the impact of armed violence on civilians,
contributing to a better understanding of its human costs. The ICRC will also
document the impact of armed violence on its operations.

Final Goal 2.4 Protect humanity from poisoning and the deliberate
spread of disease
In light of recent advances in biotechnology that could be misused to create new
means or methods of warfare, urgent action is taken to prevent the misuse of
biotechnology for hostile purposes and the erosion of the prohibitions of
poisoning and the deliberate spread of disease contained in international
humanitarian law.
1192 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

Actions proposed
2.4.1 States party to the 1972 Biological Weapons Convention are encouraged to
continue their efforts under the Biological Weapons Convention Programme
of Work to reduce the threat posed by biological weapons.
2.4.2 Recognizing the primary importance of the Biological Weapons Convention
Programme of Work, States are invited to work with the ICRC to develop a
ministerial-level declaration that would support efforts in the framework of
the 1972 Biological Weapons Convention, on preventing the hostile use of
biological agents as called for in the ICRC Appeal on Biotechnology,
Weapons and Humanity. The components of the Movement will promote the
concerns expressed in the ICRC Appeal.
2.4.3 States that have not yet done so are encouraged to:
consider becoming party to the 1925 Geneva Protocol, the 1972 Biological
Weapons Convention and the 1993 Chemical Weapons Convention before
the International Red Cross and Red Crescent Conference in 2007;
adopt appropriate national legislation to investigate and prosecute acts
prohibited by the 1925 Geneva Protocol, the 1972 Biological Weapons
Convention and the 1993 Chemical Weapons Convention;
integrate relevant ethical and legal norms into medical and scientific
education, as well as professional and industrial codes of conduct at
national and international levels with a view to minimizing the risk of use
of biological agents for hostile purposes; and
continue efforts to establish comprehensive surveillance and assistance
mechanisms at the national and international levels to detect, analyse and
respond to unusual outbreaks of disease.
2.4.4 States are called upon to uphold the object and purpose of the 1925 Geneva
Protocol, the 1972 Biological Weapons Convention and other relevant norms
of international law, including by monitoring closely advances in the field of
the life sciences, taking practical action to effectively control biological agents
that could be put to hostile use, and by improving international cooperation.
Final Goal 2.5 Ensure the legality of new weapons under international law
In light of the rapid development of weapons technology and in order to protect
civilians from the indiscriminate effects of weapons and combatants from
unnecessary suffering and prohibited weapons, all new weapons, means and
methods of warfare should be subject to rigorous and multidisciplinary review.

Actions proposed
2.5.1 In accordance with 1977 Additional Protocol I (Article 36), States Parties are
urged to establish review procedures to determine the legality of new weapons,
means and methods of warfare. Other States should consider establishing such
review procedures. Reviews should involve a multidisciplinary approach,
including military, legal, environmental and health-related considerations.
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ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1193

2.5.2 States are encouraged to review with particular scrutiny all new weapons,
means and methods of warfare that cause health effects with which medical
personnel are unfamiliar.
2.5.3 The ICRC will facilitate the voluntary exchange of experience on review
procedures. States that have review procedures in place are invited to
cooperate with the ICRC in this regard. The ICRC will organize, in coopera-
tion with government experts, a training workshop for States that do not yet
have review procedures.

Reducing the risk and impact of disasters


General objective 3 Minimize the impact of disasters through implementa-
tion of disaster risk reduction measures and improving preparedness and
response mechanisms
The aim is to protect human dignity, lives and livelihoods from the devastating
impact of disasters,
by fully integrating disaster risk reduction into national and international planning
and policy instruments and implementing appropriate operational measures to
reduce risks, and
by implementing appropriate legal, policy and operational measures to facilitate
and expedite effective responses to disasters,
in order to reduce the risks and effects of disasters on marginalized and vulnerable
populations.

Final Goal 3.1 Acknowledge the importance of disaster risk reduction and
undertake measures to minimize the impact of disasters on vulnerable
populations
Comprehensive disaster risk reduction, including disaster management,
prevention and mitigation can be achieved through education and awareness-
raising activities. Other measures to minimize the impact of disasters include:
effective management of natural resources and protection of the environment; the
implementation of early warning systems; ensuring that building codes,
particularly in disaster prone countries, are implemented and enforced to limit
suffering caused by structural damage; supporting sustainable recovery; and
optimizing capacity-building opportunities for vulnerable populations. Of
particular importance is directing such efforts towards populations that are most at
risk, including those marginalized because of poverty, discrimination or social
exclusion, or those that do not have access to disaster preparedness and response
services as a consequence of their circumstances or legal status.
Actions proposed
3.1.1 States should, in accordance with the United Nations International Strategy
for Disaster Reduction, review their existing legislation and policies to fully
integrate disaster risk reduction strategies into all relevant legal, policy and
1194 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

planning instruments in order to address the social, economic, political and


environmental dimensions that influence vulnerability to disasters.
3.1.2 State authorities should take appropriate operational measures to reduce
disaster risks at the local and national levels, including sustainable natural
resource, environmental and land-use management, appropriate urban
planning, and enforced building codes. States should, in cooperation with
National Societies and other concerned agencies, implement disaster risk
awareness programmes, public education programmes, early-warning
systems, contingency planning, disaster management training and other
mitigation and preparedness measures, based on risk, vulnerability and
capacity assessments.
3.1.3 States, in cooperation with National Societies, are urged to incorporate risk
reduction as a central feature in national development plans, poverty-
reduction strategies and post-disaster recovery plans, be it on their own
territory or through their development and cooperation assistance in a
bilateral, multilateral or regional context, with a special emphasis on
reducing the vulnerability of populations in hazard-prone areas or otherwise
at risk owing to poverty, marginalization, social exclusion or discrimination.
3.1.4 States are strongly encouraged to prioritize and provide resources to
implement comprehensive disaster risk reduction measures, including
measures to address issues relating to climate change and variability.
National Societies will increase their cooperation with States and experts in
the area of climate change in order to limit the potential negative impact on
vulnerable populations. In so doing, they may draw on the recommendations
outlined in the report Preparedness for climate change as requested by the
Plan of Action of the 27th International Conference in 1999.
3.1.5 States, recognizing the importance of the independent and auxiliary role of
National Societies with respect to the public authorities in providing
humanitarian services in the field of disaster management, should negotiate
clearly defined roles and responsibilities with their respective National
Societies in risk reduction and disaster management activities. This may
include National Society representation on relevant national policy and
coordination bodies as collaborative partners with States. States should also
take specific legal and policy measures to support and assist National
Societies in building sustainable volunteer and community capacity,
particularly promoting the participation of women, in the areas of risk
reduction and disaster management.
3.1.6 The components of the Movement, in cooperation with States, will prioritize
and scale up efforts to build sustainable capacity and improve performance
in the area of disaster risk reduction, including disaster management,
awareness-raising and advocacy activities at the local, national and regional
levels. This will include an emphasis on building effective and inclusive
partnerships with populations that live in hazard-prone areas or are
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1195

otherwise vulnerable owing to poverty, marginalization, social exclusion or


other forms of discrimination and will involve all relevant partners.
3.1.7 The International Federation will support the efforts of National Societies to
strengthen their capacity in the field of disaster risk reduction through
continued knowledge sharing on best practices, resource mobilization and
advocacy on disaster risk reduction issues with States and other relevant
international, regional and national actors, including with the private sector.

Final Goal 3.2 Enhance international disaster response through support


for the compilation and application of the laws, rules and principles
applicable to international disaster response
It is essential to provide neutral and impartial assistance to all populations
affected by disasters, without discrimination and on the basis of vulnerability and
need. Experience has shown that achieving this goal depends to a significant extent
on improved understanding of the regulatory framework within which
international disaster response is provided. Global research conducted as part of
the International Federations IDRL Project identified that there are many instru-
ments aimed at improving international disaster response but that awareness of
them is often lacking and implementation inconsistent.
Actions proposed
3.2.1 All members of the Conference welcome the work undertaken by the
International Federation in cooperation with National Societies, States, the
United Nations and other bodies to collate and examine the effectiveness of
laws, rules and principles applicable to international disaster response, as
noted in United Nations General Assembly Resolution on strengthening the
effectiveness and coordination of international urban search and rescue
assistance (A/RES/57/150).
3.2.2 All members of the Conference recognize that improved awareness, clari-
fication, application and development of laws, rules and principles applicable
to international disaster response will assist in facilitating and improving the
coordination, timeliness, quality and accountability of international disaster
response activities and can therefore make a major contribution to the
protection of human dignity in situations of disasters.
3.2.3 States and the components of the Movement are encouraged to work together
to ensure the fullest possible consideration and application, where appropriate,
of the laws, rules and principles that pertain to international disaster response,
as well as the recommendations of Resolution 6 of the 23rd International
Conference of the Red Cross and Red Crescent on measures to expedite
international relief and United Nations General Assembly Resolution on
strengthening the coordination of emergency humanitarian assistance of the
United Nations and its accompanying Annex (A/RES/46/182).
3.2.4 States, recognizing the importance of the independent and auxiliary role of
National Societies with respect to the public authorities in providing
1196 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

humanitarian services in the event of disaster, are encouraged to work in


cooperation with their respective National Societies and the International
Federation to review existing disaster management laws and operational
instruments at the national, regional and international levels so as to enhance
harmonization with relevant laws, rules and principles, and where feasible,
guidelines applicable to international disaster response.
3.2.5 States that have not yet done so are encouraged to consider acceding to and
implementing the Tampere Convention on the Provision of Telecommuni-
cation Resources for Disaster Mitigation and Relief Operations in order to
facilitate the effective use of telecommunications in disaster and emergency
relief operations. States will, as appropriate, also implement the relevant res-
olutions of the International Conference of the Red Cross and Red Crescent,
International Telecommunication Union and United Nations related to the
use of telecommunications in disasters, as well as access and protection of
disaster response and mitigation workers.
3.2.6 The International Federation and National Societies will continue to lead
collaborative efforts, involving States, the United Nations and other relevant
bodies, in conducting research and advocacy activities relating to the
compilation of the laws, rules and principles applicable to international
disaster response. This includes identifying any outstanding needs in terms
of the legal and regulatory framework and the development of models, tools
and guidelines for practical use in international disaster response activities.
This also includes the active promotion of the awareness, dissemination,
clarification and application, where appropriate, of the laws, rules and prin-
ciples applicable to international disaster response, as well as applicable
guidelines by States and the international community at all levels. The
International Federation will submit a progress report to the International
Conference of the Red Cross and Red Crescent in 2007.

Reducing the risk and impact of diseases

General objective 4 Reduce the increased vulnerability to diseases arising


from stigma and discrimination and from the lack of access to comprehensive
prevention, care and treatment
The aim is to protect human dignity from the devastating consequences of
HIV/AIDS and other diseases faced, in particular, by groups that are stigmatized,
discriminated against or socially marginalized because of their situation or
circumstances and often lack access to comprehensive prevention, treatment, care
and support,
by addressing the legal and policy barriers, as well as underlying societal attitudes,
which stigmatize and discriminate against people living with HIV/AIDS (PLWHA)
and other highly vulnerable populations, and
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1197

by providing equitable access to prevention, treatment and health care, including


psychosocial support, for all people, including displaced persons and other
marginalized groups, such as prisoners and detainees,
in order to reduce the impact and further spread of HIV/AIDS and other diseases
and promote the enjoyment of the highest attainable standard of health as one of
the fundamental rights of every human being without distinction of race, religion,
political belief, economic or social condition, with a special emphasis on
marginalized and vulnerable populations.

Final Goal 4.1 Eradicate the stigma, discrimination and denial faced by
populations affected by and living with HIV/AIDS
HIV/AIDS represents one of the most serious threats to human dignity today.
Despite a growing awareness of the scale of the epidemic, the global response to
HIV/AIDS continues to be hampered by attitudes that stigmatize people affected
by and living with HIV/AIDS and highly vulnerable populations. Discriminatory
legislation and policies directly and indirectly deny these populations access to
adequate prevention, treatment and care. The response to HIV/AIDS must address
social, legal and policy barriers that stigmatize and discriminate against infected,
affected and highly vulnerable populations. Health care and social services must be
based on the humanitarian principle of protecting and respecting human dignity,
and be provided without discrimination, on the basis of need and vulnerability,
using approaches that encourage tolerance, respect and social inclusion.
Actions proposed
4.1.1 States, in fulfilment of the commitments made in the Declaration of
Commitment adopted by the United Nations General Assembly Special
Session on HIV/AIDS (UNGASS), should eliminate any laws, policies and
practices that adversely discriminate against people living with HIV/AIDS
(PLWHA), with special attention to women and girls and highly vulnerable
groups.
4.1.2 States undertake to adopt appropriate and effective measures aimed at
enforcing policies and strategies aimed at eradicating HIV/AIDS-related
stigma and discrimination, with specific attention paid to the gender impli-
cations of HIV/AIDS, and an emphasis on the social inclusion of people
affected by and living with HIV/AIDS and other highly vulnerable groups,
notably by ensuring the full enjoyment of their human rights and
fundamental freedoms.
4.1.3 States, assisted and supported by National Societies, are urged to undertake
operational measures, with special emphasis on empowering women and
addressing the gender imbalance, to promote the widespread availability of
and equitable access to comprehensive prevention, care and treatment,
including improved and enhanced sexual and reproductive health care.
4.1.4 States are urged to ensure that a wide range of prevention programmes which
take account of local circumstances, ethics and cultural values, is available in
1198 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

all countries, particularly the most affected countries, including information,


education and communication, in languages most understood by
communities and respectful of cultures, aimed at reducing risk-taking
behaviour and encouraging responsible sexual behaviour, including:
abstinence and fidelity; expanded access to essential commodities, including
male and female condoms and sterile injecting equipment; harm-reduction
efforts related to drug use; expanded access to voluntary and confidential
counselling and testing; safe blood supplies; and early and effective treatment
of sexually transmittable infections.
4.1.5 States, assisted and supported as appropriate by the components of the
Movement, should undertake operational measures aimed at ensuring
continuous progress in the availability of treatment and care for people living
with HIV/AIDS, with an emphasis on reaching marginalized groups that do
not have ready access to such treatment and care, in order to protect their
dignity, lives and livelihoods and prevent the transmission of HIV.
4.1.6 States are urged to adopt and implement legislative measures to eradicate
discrimination against people living with HIV/AIDS in the workplace. In
close cooperation with States, civil society organizations and international
organizations, the components of the Movement will carry out awareness
and education activities aimed at creating positive, socially inclusive
workplace environments for staff, volunteers and beneficiaries, and will
provide support and assistance for other organizations wishing to implement
workplace initiatives to eradicate stigma and discrimination against people
living with HIV/AIDS.
4.1.7 States, recognizing the importance of the independent and auxiliary role of
National Societies with respect to the public authorities in providing
humanitarian services in the field of health and care should negotiate clearly
defined roles and responsibilities with their respective National Societies in
public health, development and social activities. This could include
representation of National Societies on relevant national policy and
coordination bodies. States should also take specific legal and policy
measures to support and assist National Societies in building sustainable
volunteer and community capacity in the area of HIV/AIDS and health
promotion and prevention activities.
4.1.8 States should facilitate civil society participation in planning and
implementation through participation in processes such as the Country
Coordinating Mechanisms of the Global Fund to fight AIDS, Tuberculosis
and Malaria. This would ensure that disease responses benefit from the
unique perspectives, capacities and reach of civil society, and in particular
the voice and contribution of affected communities. This includes
developing and utilizing the full potential of the network of National Society
volunteers to reach vulnerable populations at the community and household
levels.
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1199

4.1.9 States and National Societies are urged to provide in conformity with
paragraph seven of the Declaration, including through international
cooperation, the necessary human and financial resources and institutional
support needed to reduce the risk and impact of diseases.
4.1.10 National Societies will continue to implement the global campaign against
AIDS-related stigma and discrimination (The truth about AIDS Pass it
on) and, in cooperation with States, will prioritize and scale up efforts to
strengthen sustainable capacity and improve the effectiveness of health and
HIV/AIDS awareness and advocacy activities at the local and national levels,
with an emphasis on building effective and inclusive partnerships with
people affected by and living with HIV/AIDS and other populations that are
vulnerable owing to poverty, marginalization, social exclusion and
discrimination.
4.1.11 The International Federation will support the efforts of National Societies to
strengthen their capacity to implement HIV/AIDS and community health
interventions through continued knowledge sharing on best practices,
resource mobilization and advocacy on stigma and discrimination issues
with States and the international community.
4.1.12 The Movement will cooperate closely with UNAIDS and its co-sponsors at
all levels. National Societies will contribute to and strengthen the
International Federations status as a UNAIDS Collaborating Centre and its
partnership with the Global Network of PLWHA (GNP+) for the
elimination of stigma and discrimination, through the mobilization of
volunteers at the national, regional and international levels.
Final Goal 4.2 Reduce the risk of and vulnerability to HIV/AIDS and
other diseases faced by people who suffer most as defined in paragraph
seven of the Declaration and other marginalized groups, such as prisoners
and detainees. Because of their legal status or circumstances, such people
have limited access to health education, promotion and care, treatment,
and disease prevention
It is imperative, both from humanitarian and public-health perspectives, to
provide neutral and impartial assistance for all populations affected by HIV/AIDS
and other diseases, without discrimination and on the basis of vulnerability and
need. Many groups do not have full access to basic prevention, health-care and
social services as a result of legislation, policies and practices with discriminatory
effects, thereby increasing their risk of and vulnerability to diseases. Of particular
concern are migrants and displaced populations, prisoners and detainees. Effective
health programmes based on tolerance and social inclusion, and focusing on
physical, mental and social well-being are critical to protecting the human dignity
of these populations and ensuring their successful integration into society.
1200 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

Actions proposed
4.2.1 States are urged, in cooperation with National Societies, to review existing
laws and policies in order to promote the enjoyment of the highest attainable
standard of health as one of the fundamental rights of every human being
without distinction of race, religion, political belief, economic or social
condition.
4.2.2 States, in close cooperation with the components of the Movement and
vulnerable populations, should implement socially inclusive prevention and
health-care interventions appropriate for displaced and marginalized
populations. This implies moving beyond emergency needs to integrate
physical and mental health and social well-being into programming.
4.2.3 States and the components of the Movement, with other relevant partners,
are called upon to address, in a multi-sectoral and coordinated manner, the
problems associated with HIV/AIDS and other diseases in armed conflicts,
disasters and emergencies, recognizing the special vulnerability and capacity
of displaced populations, host communities, military and peace-keeping
personnel.
4.2.4 States, in cooperation with the Movement, are urged to address the special
needs and vulnerability of people affected by HIV and AIDS in emergency
situations with special attention to food security.
4.2.5 States, in cooperation with the components of the Movement, are urged to
implement policies and operational measures in prisons in order to create a
safer environment and reduce the risk of transmission of HIV, Tuberculosis
and other diseases among detainees, prisoners and staff. This includes
voluntary and confidential testing for HIV infection, adequate pre-and post-
test counselling and awareness programmes.
4.2.6 National Societies will prioritize and expand efforts to build sustainable
capacity and increase their effectiveness in health awareness and advocacy
activities at the local and national levels, with an emphasis on building
effective and inclusive partnerships with populations that are vulnerable
owing to poverty, marginalization, social exclusion and discrimination.
4.2.7 The International Federation will support the efforts of National Societies to
strengthen their capacity in the field of community health through the
continued sharing of best practices, resource mobilization and advocacy on
stigma and discrimination issues with States and the international community.
(28th International Conference of the Red Cross and Red Crescent, Geneva,
2003, Resolution 1)
CHAPTER V
COMBATING HOSTAGE-TAKING, TORTURE,
FORCED DISAPPEARANCE AND PIRACY 1201

CHAPTER V

COMBATING HOSTAGE-TAKING, TORTURE,


FORCED DISAPPEARANCE AND PIRACY

See also:
Chap. III above Res. XIV, para. 5, of the 10th International Conference
(Geneva, 1921), p. 1139
Chap. IV B above Res. XIII, para. 3, of the 25th International Conference
(Geneva, 1986), p. 1144

Taking of hostages
The XXIIIrd International Conference of the Red Cross,
concerned by the increase in hostage-taking in the world,
alarmed by the suffering inflicted on the hostages involved in these acts and on
their families,
1. condemns the taking of hostages,
2. urges all governments to take the necessary measures to prevent the recurrence of
such acts. (Bucharest, 1977, Resolution VIII)

Torture
The XXIIIrd International Conference of the Red Cross,
alarmed by the recrudescence of torture in the world,
aware that torture is forbidden by numerous national and international
provisions and that it violates basic human rights, debases human dignity and
degrades the torturers as well as their victims,
considering that torture offends the conscience of mankind and, by the hatred
which it arouses, is a threat to peaceful relations between peoples and to peace and
security,
mindful of Article 5 of the Universal Declaration of Human Rights, Article 7 of the
International Covenant on Civil and Political Rights, and the United Nations
Declaration of 9 December 1975 on the Protection of all Persons from being Subjected
to Torture and other Cruel, Inhuman or Degrading Treatment or Punishment,
reaffirming that torture is contrary to the Fundamental Principles of the Red Cross
and considering that its elimination is essential for the observance of those Principles,
bearing in mind the need to make known and ensure respect for those provisions
in the Geneva Conventions and their Additional Protocols which prohibit torture and
for those resolutions of the International Conference of the Red Cross which condemn
inhuman and degrading treatment.
1202 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

1. condemns all forms of torture,


2. urges governments and appropriate international organizations to ensure
application of the international instruments and laws forbidding torture and to do
their utmost to eliminate its practice,
3. invites the Red Cross organizaions to cooperate in the realization of this objective.
(Bucharest, 1977, Resolution XIV)

Forced or involuntary disappearances


The XXIVth International Conference of the Red Cross,
alarmed at the phenomenon of forced or involuntary disappearances, perpetrated,
connived at or consented to by governments,
deeply moved by the great suffering such disappearances cause not only to the
missing persons themselves and their families but also to society,
considering that such disappearances imply violations of fundamental human
rights such as the right to life, freedom and personal safety, the right not to be
submitted to torture or cruel, inhuman or degrading treatment, the right not to be
arbitrarily arrested or detained, and the right to a just and public trial,
pointing out that families have a right to be informed of the whereabouts, health
and welfare of their members, a right which is laid down in various resolutions of the
United Nations General Assembly,
commending the efforts of the ICRC, the Working Group established by the UN
Commission on Human Rights to investigate the phenomenon of forced or involuntary
disappearances and various impartial humanitarian organizations for the benefit of
missing persons and their families,
1. condemns any action resulting in forced or involuntary disappearances, conducted
or perpetrated by governments or with their connivance or consent,
2. recommends that the ICRC take any appropriate action which might reveal the
fate of missing persons or bring their families relief and urges that the ICRC
Central Tracing Agency and any other impartial humanitarian organization be
granted the facilities necessary to take effective action in this matter,
3. urges governments to endeavour to prevent forced or involuntary disappearances
and to undertake and complete thorough inquiries into every case of
disappearance occurring in their territory,
4. urges governments to cooperate with humanitarian organizations, and with the
relevant bodies of the United Nations and of intergovernmental organizations, in
particular those which investigate forced or involuntary disappearances, with a
view to putting an end to that phenomenon. (Manila, 1981, Resolution II)
CHAPTER V
COMBATING HOSTAGE-TAKING, TORTURE,
FORCED DISAPPEARANCE AND PIRACY 1203

Anti-piracy efforts
The XXIVth International Conference of the Red Cross,
profoundly concerned that persons seeking asylum continue to be attacked by
pirates at sea,
emphasizing the urgency of further steps to combat this heinous crime against
humanity,
1. calls on States parties to the International Convention on the High Seas
(Geneva, 1958) to discharge to the full their obligations under that Convention,
2. urges all States, the Office of the United Nations High Commissioner for Refugees,
the ICRC, as well as concerned governmental international organizations to
cooperate to the fullest extent possible in measures designed to assist regional and
other efforts in eradicating piracy on the high seas and in territorial waters.
(Manila, 1981, Resolution V)

Torture
The XXIVth International Conference of the Red Cross,
noting that torture is condemned and forbidden by international humanitarian
law, international instruments relating to human rights and the general principles of
international law,
noting that despite such prohibition torture is practised to an alarming extent in
many countries,
1. urges the Governments of all States and the international organizations concerned
to make greater efforts to ensure universal respect for these prohibitions,
2. requests the United Nations Organization to expedite the adoption of an
international convention against torture and other cruel, inhuman or degrading
treatment or punishment, and including provision for the effective supervision and
enforcement of its application,
3. appeals to National Red Cross and Red Crescent Societies as well as to the League
to enhance public awareness of and support for the struggle against torture and to
support all efforts, in particular those of the International Committee of the Red
Cross, designed to prevent and eliminate torture. (Manila, 1981, Resolution XIV)

Torture
The Twenty-fifth International Conference of the Red Cross,
deeply concerned at the increasing use of torture in the world,
noting with profound disquiet the development of ever more sophisticated methods
of physical and psychological torture which inflict on victims suffering that at times
does not leave any visible trace,
emphasizing that torture is a practice which not only injures the physical and
moral integrity of its immediate victims but also harms their families and the entire
1204 SECTION IV ACTIVITIES DURING ARMED CONFLICTS

society in which it occurs and that it casts the greatest discredit on those responsible for
it and on States which authorize it, condone it, or are party to it,
recalling Resolution XIV on torture of the Twenty-fourth International Conference
of the Red Cross,
recalling also that that resolution requested the United Nations Organization to
expedite the adoption of an international Convention against torture and other cruel,
inhuman or degrading treatment or punishment,
1. welcomes with satisfaction the adoption by the General Assembly of the United
Nations, on 10 December 1984, of the Convention against torture and other cruel,
inhuman or degrading treatment or punishment and invites States to ratify it,
2. encourages States and intergovernmental regional organizations to undertake or
continue to work according to their rules and practices with a view to drawing up
regional conventions against torture and other cruel, inhuman or degrading
treatment or punishment, providing efficient supervisory mechanisms,
3. requests governments to continue and to intensify their efforts aimed at achieving,
in addition to formal prohibitions, the actual elimination of all forms of torture,
4. appeals to National Red Cross and Red Crescent Societies as well as to the League
to continue and to develop their action to enhance public awareness of and support
for the struggle against torture and to support all efforts, in particular those of the
ICRC, designed to prevent and eliminate torture. (Geneva, 1986, Resolution X)

Assistance to victims of torture


The Twenty-fifth International Conference of the Red Cross,
recalling Resolutions XIV and XV of the Twenty-fourth International Conference
of the Red Cross on torture and assistance to victims of torture,
considering the experience gained from rehabilitation activities in a number of
countries, such as humanitarian, legal, medical, psychological and social assistance to
victims of torture,
urges National Societies, to take the initiative to give, either independently or in
cooperation with their governments, humanitarian, legal, medical, psychological and
social assistance to victims of torture in exile and, whenever possible, in their own
countries. (Geneva, 1986, Resolution XI)

Assistance to victims of torture


The Twenty-fifth International Conference of the Red Cross,
recalling Resolution XIV on torture adopted by the Twenty-third International
Conference of the Red Cross in which all forms of torture were condemned,
governments and appropriate international organizations were urged to do their
utmost to eliminate such practices and Red Cross organizations were called on to
cooperate in the realization of this objective,
CHAPTER V
COMBATING HOSTAGE-TAKING, TORTURE,
FORCED DISAPPEARANCE AND PIRACY 1205

recalling Resolution XV on assistance to victims of torture adopted by the Twenty-


fourth International Conference of the Red Cross which welcomed current efforts
within the United Nations to establish a Voluntary Fund for the victims of torture,
enabling the fund, through established channels of humanitarian assistance, to extend
humanitarian, legal and financial aid to individuals whose fundamental rights have
been severely violated as a result of torture and to relatives of such victims, and urged
governments to consider responding favourably to requests for contributions to such
a fund,
welcoming the establishment in December 1981 in pursuance of General Assembly
Resolution 36/151 of the United Nations Voluntary Fund for victims of torture and
the authorization of the Board of Trustees of the Fund to promote and solicit
contributions and pledges,
taking note of the recent information provided by the Secretary-General of the
United Nations on the activities of the United Nations Voluntary Fund for victims of
torture,
noting with satisfaction that rehabilitation centres for torture victims have been
established and their important role in providing assistance to victims of torture,
expressing its gratitude and appreciation to those who have contributed to the
United Nations Voluntary Fund for victims of torture and to the rehabilitation centres
for torture victims,
1. appeals to governments in a position to do so to respond favourably to requests for
further contributions to the United Nations Voluntary Fund for victims of torture,
2. requests the ICRC and National Red Cross and Red Crescent Societies, as well as
the League, to assist in making the Voluntary Fund and the existence of
rehabilitation centres for torture victims better known. (Geneva, 1986,
Resolution XII)
SECTION V

RELIEF ACTIVITIES IN DISASTER SITUATIONS

CHAPTER I

RELIEF ORGANIZATION OF NATIONAL SOCIETIES

See also:
Part Two
Doc. X The Principles and Rules for Red Cross and Red
Crescent Disaster Relief,
Part Four
Section II, Chap. IV D Res. XLI of the 17th International Conference
(Stockholm, 1948), p. 1069
Section IV, Chap. III Res. XIX of the 19th International Conference (New
Delhi, 1957), p. 1142
Section VI, Chap. I Decisions 24 and 26 of the General Assembly,
IXth Session (Birmingham, 1993), pp 1243-1244

International relief action for populations in case of public disaster


The XIth International Red Cross Conference,
recommends that each National Red Cross Society should set up a Disaster Relief
Service, with branches or sub-divisions in each local or regional Committee,
recommends that each National Society should prepare instructions for the
various types of relief, train voluntary reserve personnel, enlighten public opinion and
constitute reserve funds and easily accessible supplies for relief work. (Geneva, 1923,
Resolution VI, para. 2 b and c)

Preparations to meet natural disasters


The XXIst International Conference of the Red Cross,
noting Resolution No. 2435 of 19 December, 1968 of the United Nations General
Assembly inviting Governments to make preparations at the national level to meet
natural disasters,
aware of the need for prompt measures when a disaster strikes any country,
urges all Governments which have not already done so to prepare and to pass the
necessary legislation enabling immediate and adequate action to be taken, in
conjunction with the Red Cross, along the lines of a pre-established plan based on the
disaster relief rules adopted by this Conference. (Istanbul, 1969, Resolution XXV)
CHAPTER I RELIEF ORGANIZATION OF NATIONAL SOCIETIES 1207

Relief actions
The XXIInd International Conference of the Red Cross,
noting the report from the Conference Workshop on the aims and methods of relief
operations in armed. conflicts, held in Norway in August 1973,
referring to Resolution No. XXVI entitled Declaration of principles for
international humanitarian relief to the civilian population in disaster situations
approved at the XXIst International Conference of the Red Cross in Istanbul in 1969,
mindful of the need to improve relief operations in cases of catastrophe, whether
natural or man-made,
stressing the need to extend advance preparations for this purpose,
emphasizing that the primary responsibility rests with the national and local
authorities of the stricken country or territory,
emphasizing also the responsibility of the international community to be prepared
for assistance when this is called for by such national and local authorities,
recommends:
1. at the national and local levels, that preparations for relief be made through
national and local emergency plans, that arrangements be made for the
establishment of revolving stocks and the planning for the mobilization of supplies,
that national and local personnel be trained to take part in relief operations, that
preparations be made in the fields of medicine and of food and nutrition, including
the collection of advance information on the public health situation and on food
and dietary habits;
2. at the international level, that an appropriate disaster relief plan be drawn up, that
international centres for education and training of selected relief personnel be set
up, that UNDRO and the International Red Cross, cooperating with other
international agencies, should be the focal point in the main coordination of relief,
including in particular the advance collection of information generally,
requests the ICRC and the League to follow up the above recommendations.
(Teheran, 1973, Resolution VIII)
1208 SECTION V RELIEF ACTIVITIES IN DISASTER SITUATIONS

CHAPTER II

INTERNATIONAL RELIEF ACTIONS

A. Principles and rules governing disaster relief


See also:
Part Two
Doc. VII Agreement on the organization of the International Activities
of the components of the International Red Cross and Red
Crescent Movement (The Seville Agreement Council of
Delegates, Seville, 1997)
Supplementary measures to enhance the implementation of
the Seville Agreement (Annex to Resolution 8, Council of
Delegates, Seoul, 2005)
Doc . X The Principles and Rules for Red Cross and Red Crescent
Disaster Relief.

Declaration of principles for international humanitarian relief to the


civilian population in disaster situations
The XXIst International Conference of the Red Cross,
noting that in the present century the international community has accepted
increased responsibility for relief of human suffering in any form,
whereas human suffering in all its manifestations is of deep concern to the
conscience of mankind and world opinion requires effective action for the relief of such
suffering,
affirming that one of the major purposes of the community of nations as laid down
in the Charter of the United Nations is to achieve international cooperation in solving
international problems of an economic, social, cultural or humanitarian nature,
noting with satisfaction the improvements in the ability of the international
community to provide various forms of humanitarian relief as a result of
international agreements and through the International Red Cross and other
impartial international humanitarian organizations,
recognizing that further steps have to be taken by the international community to
ensure prompt and effective relief action to civilian populations in natural or other
disaster situations,
adopts the following Declaration of Principles:
1. The fundamental concern of mankind and of the international community in
disaster situations is the protection and welfare of the individual and the
safeguarding of basic human rights.
CHAPTER II INTERNATIONAL RELIEF ACTIONS 1209

2. Relief by impartial international humanitarian organizations for civilian


populations in natural or other disaster situations should as far as possible be
treated as a humanitarian and non-political matter and should be so organized as
to avoid prejudicing sovereign and other legal rights in order that the confidence of
the parties to a conflict in the impartiality of such organizations may be preserved.
3. The activities of impartial international humanitarian organizations for the
benefit of civilian populations should be coordinated in order to secure prompt
action and effective allocation of resources and to avoid duplication of effort.
4. Disaster relief for the benefit of civilian populations is to be provided without
discrimination and the offer of such relief by an impartial international
humanitarian organization ought not to be regarded as an unfriendly act.
5. All States are requested to exercise their sovereign and other legal rights so as to
facilitate the transit, admission and distribution of relief supplies provided by
impartial international humanitarian organizations for the benefit of civilian
populations in disaster areas when disaster situations imperil the life and welfare
of such populations.
6. All authorities in disaster areas should facilitate disaster relief activities by
impartial international humanitarian organizations for the benefit of civilian
populations. (Istanbul, 1969, Resolution XXVI)

Adoption of the Guidelines for the Domestic Facilitation and Regulation of


International Disaster Relief and Initial Recovery Assistance
The 30th International Conference of the Red Cross and Red Crescent,
concerned by the serious plight of all those who urgently require emergency
relief and recovery assistance in the wake of disasters;
reaffirming that the fundamental concern of mankind and of the international
community in disaster situations is the protection and welfare of the individual and
the safeguarding of basic human rights, as stated in the Declaration of Principles
for International Humanitarian Relief to the Civilian Population in Disaster
Situations, adopted by the 21st International Conference of the Red Cross in 1969;
recalling that the International Red Cross and Red Crescent Movement
(Movement) considers it a fundamental right of all people both to offer and receive
humanitarian assistance, as stated in the Principles and Rules of the Red Cross and
Red Crescent in Disaster Relief as amended by the 26th International Conference
of the Red Cross and Red Crescent in 1995;
reiterating that relief actions are an expression of international solidarity and
that the extending of relief strengthens friendly relations among peoples and thus
contributes to the consolidation of world peace, as stated in Resolution 18 of the
20th International Conference of the Red Cross in 1965;
noting that the United Nations General Assembly has repeatedly highlighted the
importance of humanitarian assistance to persons affected by disasters, including
1210 SECTION V RELIEF ACTIVITIES IN DISASTER SITUATIONS

in Resolutions 46/182 of 1991, 43/131 of 1988, and 57/150 of 2002, and that both
United Nations General Assembly Resolution 32/56 of 1977 and Resolution 6 of the
23rd International Conference of the Red Cross of 1977 adopted a set of Measures
to Expedite Emergency Relief to facilitate international relief operations;
recalling the commitments undertaken by the international community in the
Millennium Declaration of 2000 to intensify cooperation to reduce the number and
effects of natural and man-made disasters, and in the Hyogo Declaration and
Framework for Action of 2005 to improve national institutional and legal
frameworks and to strengthen disaster preparedness for increased resilience and
effective response to disasters at all levels;
noting with appreciation the practice of many States to facilitate international
disaster relief and recovery assistance when needed and the increased attention and
activity of the international humanitarian community to improve the coordination
and effectiveness of disaster relief and recovery assistance;
welcoming the progress that has been made in the elaboration and operation of
the International Search and Rescue Advisory Group with the support of the
United Nations Office for the Coordination of Humanitarian Affairs and the
pioneering efforts made by international humanitarian organizations to develop
minimum quality and accountability standards and mechanisms for disaster relief
and recovery assistance, such as the Code of Conduct for the International Red
Cross and Red Crescent Movement and Non-Governmental Organizations
(NGOs) in Disaster Relief of 1994 and the Sphere Humanitarian Charter and
Minimum Standards in Disaster Response as amended in 2004;
recalling Final Goal 2.1.1 of the 27th International Conference of the Red Cross
and Red Crescent of 1999 calling upon States, where necessary, to incorporate
linkages to international systems of disaster response in their national disaster-
preparedness plans as well as to include clearly defined roles and responsibilities for
National Red Cross and Red Crescent Societies, including representation on
appropriate national policy and coordination bodies;
recalling further Final Goal 3.2 of the 28th International Conference of the Red
Cross and Red Crescent of 2003, and its determination that improved awareness,
clarification, application and development of laws, rules and principles applicable
to international disaster response will assist in facilitating and improving the
coordination, timeliness, quality and accountability of international disaster-
response activities and can therefore make a major contribution to the protection
of human dignity in situations of disasters;
noting the findings of the International Federation of Red Cross and Red
Crescent Societies (International Federation), as expressed in the background
document to the Conference (30IC/07/9.1), that the framework of international
laws and standards on international disaster relief and recovery remains dispersed
and under-utilized, that there is often a lack of harmonization between national law
and international standards, and that legal barriers to effective international
disaster relief and recovery assistance still persist;
CHAPTER II INTERNATIONAL RELIEF ACTIONS 1211

recognizing that the increasing breadth and diversity of international actors


involved in disaster relief and recovery has brought important opportunities but
also some challenges to assisting persons in need effectively and ensuring the
complementarity of international disaster relief and recovery assistance with
domestic response efforts and mechanisms;
recognizing the sovereign right of affected States to seek, accept, coordinate,
regulate and monitor disaster relief and recovery assistance provided by assisting
actors in their territory;
considering the crucial role of domestic law and policy in this respect, which
should be further developed consistent with relevant norms and principles of
international law;
1. adopts the Guidelines for the Domestic Facilitation and Regulation of
International Disaster Relief and Initial Recovery Assistance;
2. encourages States to make use of the Guidelines to strengthen their national
legal, policy and institutional frameworks as well as when developing, if
appropriate, bilateral and regional disaster-assistance agreements,
understanding that the Guidelines do not constitute binding legal obligations;
3. emphasizes that, with regard to Red Cross and Red Crescent disaster relief and
recovery activities, the Guidelines will be read consistent with the established
rules, principles and practices of the Movement, including the Statutes of the
Movement as amended in 1995 and 2006, the Principles and Rules for Red
Cross and Red Crescent Disaster Relief as amended in 1995, the Seville
Agreement on the Organization of the International Activities of the
Components of the International Red Cross and Red Crescent Movement of
1997, and the Supplementary Measures to Enhance the Implementation of the
Seville Agreement of 2005, and will not affect any existing legal arrangements
between the individual components of the Movement and concerned States;
4. invites States, the International Federation and National Societies to bring these
Guidelines to the attention of international and regional inter-governmental
and non-governmental organizations concerned with disaster relief and
recovery assistance;
5. invites the International Federation and National Societies, in close
collaboration with the United Nations as well as other relevant international
and regional organizations, to:
(i) disseminate and support the use of the Guidelines in strengthening
national legal policy and institutional frameworks for disaster response;
(ii) promote the mainstreaming of the Guidelines in all relevant existing legal-
development, disaster management and risk reduction initiatives,
particularly the strengthened International Strategy for Disaster Reduction
(ISDR) system and its regional platforms for disaster risk reduction; and
(iii) continue their research and advocacy efforts, and the development of tools
and models for the improvement of legal preparedness for disasters;
1212 SECTION V RELIEF ACTIVITIES IN DISASTER SITUATIONS

6. invites the International Federation, in consultation with National Societies,


to submit a progress report on the implementation of this resolution to the
31st International Conference of the Red Cross and Red Crescent.
(Geneva, 2007, Resolution 4)
CHAPTER II INTERNATIONAL RELIEF ACTIONS 1213

Annex to Resolution 4

Guidelines for the Domestic Facilitation and Regulation of International


Disaster Relief and Initial Recovery Assistance

Introduction
1. Purpose and scope
1. These Guidelines are non-binding.While it is hoped that States will make use of
them to strengthen their laws, policies and/or procedures related to
international disaster response, as appropriate, the Guidelines do not have a
direct effect on any existing rights or obligations under domestic law.
2. They draw from many existing international instruments, including United
Nations General Assembly Resolutions 46/182 of 1991 and 57/150 of 2002, the
Measures to Expedite International Relief of 1977 and the Hyogo Framework
for Action of 2005.
3. Their purpose is to contribute to national legal preparedness by providing
guidance to States interested in improving their domestic legal, policy and
institutional frameworks concerning international disaster relief and initial
recovery assistance. While affirming the principal role of domestic authorities
and actors, they recommend minimum legal facilities to be provided to
assisting States and to assisting humanitarian organizations that are willing and
able to comply with minimum standards of coordination, quality and
accountability. It is hoped that the use of these Guidelines will enhance the
quality and efficiency of international disaster relief and initial recovery
assistance in order to better serve disaster-affected communities.
4. These Guidelines are not intended to apply to situations of armed conflict or to
disasters that occur during armed conflicts, or to imply changes in any rules
governing relief in those contexts. They are also not intended to recommend
any changes to, or affect the meaning or implementation of, any existing
international law or agreements, including but not limited to:
a) International humanitarian, human rights and refugee law;
b) The legal personality and status of States, inter-governmental organizations,
the International Federation of Red Cross and Red Crescent Societies
(International Federation) and the International Committee of the Red
Cross (ICRC);
c) International law related to privileges and immunities;
d) The Statutes and regulations of the International Red Cross and Red
Crescent Movement (Movement) and existing legal arrangements between
the individual components of the Movement and States; and
e) Existing agreements between States or between States and assisting actors.
1214 SECTION V RELIEF ACTIVITIES IN DISASTER SITUATIONS

2. Definitions
For the purposes of these Guidelines,
1. Disaster means a serious disruption of the functioning of society, which
poses a significant, widespread threat to human life, health, property or the
environment, whether arising from accident, nature or human activity, whether
developing suddenly or as the result of long-term processes, but excluding
armed conflict.
2. Disaster relief means goods and services provided to meet the immediate
needs of disaster-affected communities.
3. Initial recovery assistance means goods and services intended to restore or
improve the pre-disaster living conditions of disaster-affected communities,
including initiatives to increase resilience and reduce risk, provided for an
initial period of time, as determined by the affected State, after the immediate
needs of disaster-affected communities have been met.
4. Goods means the supplies intended to be provided to disaster-affected
communities for their relief or initial recovery.
5. Services means activities (such as rescue and medical care) undertaken by
disaster-relief and initial-recovery personnel to assist disaster-affected
communities.
6. Equipment means physical items, other than goods, that are necessary for
disaster relief or initial recovery assistance, such as vehicles and radios.
7. Personnel means the staff and volunteers providing disaster relief or initial
recovery assistance.
8. Affected State means the State upon whose territory persons or property are
affected by a disaster.
9. Assisting State means a State providing disaster relief or initial recovery
assistance, whether through civil or military components.
10. Originating State means the State from which disaster relief and initial
recovery personnel, goods and equipment begin travel to the affected State.
11. Transit State means the State through whose territorial jurisdiction disaster
relief or initial recovery assistance has received permission to pass on its way to
or from the affected State in connection with disaster relief or initial recovery
assistance.
12. Assisting humanitarian organization means a foreign, regional,
intergovernmental or international non-profit entity whose mandate and
activities are primarily focused on humanitarian relief, recovery or development.
CHAPTER II INTERNATIONAL RELIEF ACTIONS 1215

13. Eligible assisting humanitarian organization means an assisting


humanitarian organization determined to be eligible to receive legal facilities
pursuant to Part V by the originating, transit or affected State, as applicable.
14. Assisting actor means any assisting humanitarian organization, assisting
State, foreign individual, foreign private company providing charitable relief or
other foreign entity responding to a disaster on the territory of the affected State
or sending in-kind or cash donations.

Part I: Core responsibilities


3. Responsibilities of affected States
1. Affected States have the primary responsibility to ensure disaster risk
reduction, relief and recovery assistance in their territory. National Red Cross
and Red Crescent Societies, as auxiliaries to the public authorities in the
humanitarian field, and domestic civil society actors play a key supporting role
at the domestic level.
2. If an affected State determines that a disaster situation exceeds national coping
capacities, it should seek international and/or regional assistance to address the
needs of affected persons.
3. Affected States have the sovereign right to coordinate, regulate and monitor
disaster relief and recovery assistance provided by assisting actors on their
territory, consistent with international law.

4. Responsibilities of assisting actors


1. Assisting actors and their personnel should abide by the laws of the affected
State and applicable international law, coordinate with domestic authorities,
and respect the human dignity of disaster-affected persons at all times.
2. Assisting actors should ensure that their disaster relief and initial-recovery
assistance are provided in accordance with the principles of humanity,
neutrality and impartiality, and in particular that:
a) Aid priorities are calculated on the basis of need alone;
b) It is provided without any adverse distinction (such as in regards to
nationality, race, ethnicity, religious beliefs, class, gender, disability, age and
political opinions) to disaster-affected persons;
c) It is provided without seeking to further a particular political or religious
standpoint, intervene in the internal affairs of the affected State, or obtain
commercial gain from charitable assistance;
d) It is not used as a means to gather sensitive information of a political,
economic or military nature that is irrelevant to disaster relief or initial
recovery assistance.
1216 SECTION V RELIEF ACTIVITIES IN DISASTER SITUATIONS

3. To the greatest extent practicable, their disaster relief and initial-recovery


assistance should also be:
a) Responsive to the special needs, if any, of women and particularly
vulnerable groups, which may include children, displaced persons, the
elderly, persons with disabilities, and persons living with HIV and other
debilitating illnesses;
b) Adequate for the needs of affected persons and consistent with any
applicable international standards of quality;
c) Coordinated with other relevant domestic and assisting actors;
d) Provided and conducted in a manner that is sensitive to cultural, social and
religious customs and traditions;
e) Carried out with adequate involvement of affected persons, including
women, youth and the elderly, in their design, implementation, monitoring
and evaluation;
f) Provided by competent and adequately trained personnel;
g) Commensurate with their organizational capacities;
h) Built upon and conducted in a manner that strengthens local disaster risk
reduction, relief and recovery capacities and reduces future vulnerabilities
to disasters;
i) Carried out so as to minimize negative impacts on the local community,
economy, job markets, development objectives and the environment; and
j) Provided in a transparent manner, sharing appropriate information on
activities and funding.

5. Additional responsibilities of all States


1. States providing funding to other assisting actors should encourage them to act
in a manner consistent with the provisions of paragraph 4.
2. All States should actively encourage members of the public interested in
contributing to international disaster relief or initial recovery to make financial
donations where possible or otherwise donate only those types of relief goods
expressly requested by the affected State.

6. Responsibilities concerning diversion and the intended use of resources


1. States and assisting humanitarian organizations should cooperate to prevent
unlawful diversion, misappropriation, or fraud concerning disaster relief or
initial recovery goods, equipment or resources and initiate proceedings as
appropriate.
2. Affected States should use funds and relief goods donated to them, and which
they have accepted in relation to a disaster, in a manner consistent with the
expressed intent with which they were given.
CHAPTER II INTERNATIONAL RELIEF ACTIONS 1217

Part II: Early warning and preparedness


7. Early warning
1. In order to minimize transboundary impacts and maximize the effectiveness of
any international assistance that might be required, all States should have
procedures in place to facilitate the expeditious sharing of information about
disasters, including emerging hazards that are likely to cause disasters, with
other States and assisting humanitarian organizations as appropriate, including
the United Nations Emergency Relief Coordinator.
8. Legal, policy and institutional frameworks
1. As an essential element of a larger disaster risk reduction programme, States
should adopt comprehensive legal, policy, and institutional frameworks and
planning for disaster prevention, mitigation, preparedness, relief and recovery
which take full account of the auxiliary role of their National Red Cross or Red
Crescent Society, are inclusive of domestic civil society, and empower
communities to enhance their own safety and resilience. States, with the
support, as appropriate, of relevant regional and international organizations,
should devote adequate resources to ensure the effectiveness of these
frameworks.
2. These frameworks should also adequately address the initiation, facilitation,
transit and regulation of international disaster relief and initial recovery
assistance consistent with these Guidelines. They should allow for effective
coordination of international disaster relief and initial recovery assistance,
taking into account the role of the United Nations Emergency Relief
Coordinator as central focal point with States and assisting humanitarian
organizations concerning United Nations emergency relief operations. They
should also clearly designate domestic governmental entities with
responsibility and authority in these areas. Consideration should be given to
establishing a national focal point to liaise between international and
government actors at all levels.
3. Where necessary and appropriate, national governments should encourage
other domestic actors with authority over areas of law or policy pertinent to
international disaster relief or initial recovery assistance, such as provincial or
local governments and private regulatory bodies, to take the necessary steps at
their level to implement the Guidelines.
9. Regional and international support for domestic capacity
1. With a view to increasing resilience and reducing the need for international
disaster relief and initial recovery assistance, the international community,
including donors, regional and other relevant actors, should support developing
States, domestic civil society actors and National Red Cross and Red Crescent
Societies to build their capacities to prevent, mitigate, prepare for and respond
to disasters domestically.
1218 SECTION V RELIEF ACTIVITIES IN DISASTER SITUATIONS

2. The international community should also support developing States to build


their capacity to adequately implement legal, policy and institutional
frameworks to facilitate international relief and initial recovery assistance. This
support should be provided to States in a coordinated manner by the relevant
actors.

Part III: Initiation and termination of international disaster relief and


initial recovery assistance
10. Initiation
1. Disaster relief or initial recovery assistance should be initiated only with the
consent of the affected State and, in principle, on the basis of an appeal. The
affected State should decide in a timely manner whether or not to request
disaster relief or initial recovery assistance and communicate its decision
promptly. In order to make this decision, the affected State should promptly
assess needs. Consideration should be given to undertaking joint needs
assessments with the United Nations and other assisting humanitarian
organizations.
2. Requests and offers for assistance should be as specific as possible as to the
types and amounts of goods as well as the services and expertise available or
required, respectively. Affected States may also wish to indicate particular types
of goods and services likely to be offered that are not needed.
3. Affected States should make available to assisting actors adequate information
about domestic laws and regulations of particular relevance to the entry and
operation of disaster relief or initial recovery assistance.
11. Initiation of military relief
Military assets should be deployed for disaster relief or initial recovery
assistance only at the request or with the express consent of the affected State,
after comparable civilian alternatives have been considered. Prior to any such
deployment, terms and conditions (including such issues as the duration of
deployment, whether they must be unarmed or may be armed, the use of their
national uniforms, and mechanisms for cooperation with civilian actors) are to
be agreed by the affected and assisting States.
12. Termination
When an affected State or an assisting actor wishes to terminate disaster relief
or initial recovery assistance, it should provide appropriate notification. Upon
such notification, the affected State and the assisting actor should consult with
each other, bearing in mind the impact of such termination on disaster-affected
communities.
CHAPTER II INTERNATIONAL RELIEF ACTIONS 1219

Part IV: Eligibility for legal facilities


13. Facilities for assisting States
It is recommended that transit and affected States grant, at a minimum, the legal
facilities described in Part V to assisting States with respect to their disaster
relief or initial recovery assistance.
14. Facilities for assisting humanitarian organizations
1. Subject to existing international law, it is the prerogative of originating, transit
and affected States to determine which assisting humanitarian organizations
will be eligible to receive the legal facilities described in Part V with respect to
their disaster relief or initial recovery assistance.
2. It is recommended that States establish criteria for assisting humanitarian
organizations seeking eligibility for legal facilities. These criteria should include
a showing by the organization of its willingness and capacity to act in
accordance with the responsibilities described in paragraph 4 of these
Guidelines.
3. Any additional requirements imposed on assisting humanitarian organizations
should not unduly burden the provision of appropriate disaster relief and initial
recovery assistance.
4. Determination of eligibility by the State granting the facilities should be
possible in advance of a disaster, or as soon as possible after its onset.Applicable
procedures and mechanisms should be as simple and expeditious as possible.
They should be clearly described and information about them should be made
freely available. They might include the use of a national roster, bilateral
agreements or reliance upon international or regional systems of accreditation,
if available.
5. Retention of the legal facilities in Part V should be made dependent on ongoing
compliance with the provisions of subsection 2 of this paragraph. However,
entitlement to legal facilities should not be changed arbitrarily, retroactively or
without notice appropriate to the circumstances.
15. Facilities for other assisting actors
Affected States may also wish to extend, upon request, some of the legal facilities
in Part V to assisting actors other than those covered by paragraphs 13 and 14,
such as private companies providing charitable relief, provided this does not
negatively affect operations of assisting humanitarian organizations or assisting
States. Any actor receiving such facilities should be required to abide, at a
minimum, by the same conditions described in paragraph 14.
1220 SECTION V RELIEF ACTIVITIES IN DISASTER SITUATIONS

Part V: Legal facilities for entry and operations


It is recommended that States provide the legal facilities described in paragraphs
16-24 to assisting States and eligible assisting humanitarian organizations. It is
understood that the granting of these facilities will be subject to the interests of national
security, public order, public and environmental health, and public morals of the
concerned affected, originating and transit States. Measures to protect such interests
should be tailored to the exigencies of the specific disaster and be consistent with the
humanitarian imperative of addressing the needs of affected communities.
Where specific facilities recommended here are within the competence of authorities
other than the national government, the national government should, where possible
and appropriate, encourage those authorities to provide the relevant facilities to
assisting States and eligible assisting humanitarian organizations.
16. Personnel
1. With regard to disaster relief and initial recovery personnel of assisting States
and eligible assisting humanitarian organizations, affected States should:
a) Grant visas and any necessary work permits, ideally without cost, renewable
within their territory, for the time necessary to carry out disaster relief or
initial recovery activities;
b) In disaster relief operations, waive or significantly expedite the provision of
such visas and work permits;
c) Establish expedited procedures for temporary recognition of professional
qualifications of foreign medical personnel, architects, and engineers,
driving licences and other types of licence and certificate that are necessary
for the performance of disaster relief or initial recovery functions and that
have been certified as genuine by the concerned assisting State or eligible
assisting humanitarian organization, for the time necessary to carry out
disaster relief or initial recovery activities;
d) Facilitate freedom of access to and freedom of movement in and from the
disaster affected area, bearing in mind the safety of disaster relief and initial
recovery personnel.
2. Upon request, originating and transit States should likewise waive or promptly
issue, ideally without cost, exit or transit visas, as appropriate, for the disaster relief
and initial recovery personnel of eligible assisting humanitarian organizations.
3. Assisting States and eligible assisting humanitarian organizations should consider
to what degree disaster relief and initial recovery objectives can be met through
hiring local staff.
17. Goods and equipment
1. With regard to disaster relief and initial recovery goods and equipment
exported or imported by, or on behalf of, assisting States and eligible assisting
humanitarian organizations, originating, transit and affected States should:
CHAPTER II INTERNATIONAL RELIEF ACTIONS 1221

a) Exempt them from all customs duties, taxes, tariffs and governmental fees;
b) Exempt them from all export, transit, and import restrictions;
c) Simplify and minimize documentation requirements for export, transit and
import;
d) Permit re-exportation of any equipment or unused goods which the assisting
State or assisting humanitarian organization owns and wishes to retain.
2. With regard to disaster relief goods and equipment only, originating, transit and
affected States should additionally:
a) Waive or reduce inspection requirements; where waiver is not possible, clear
relief goods and equipment rapidly and as a matter of priority through, a
pre-clearance process where feasible; and
b) Arrange for inspection and release outside business hours and/or at a place
other than a customs office, as necessary, to minimize delay, in accordance
with the safety regulations of the affected State. Assisting States and eligible
assisting humanitarian organizations should respect any routes and delivery
points prescribed by the affected State.
3. In order to benefit from the above facilities, assisting States and assisting
humanitarian organizations should, in accordance with agreed international
standards, appropriately pack, classify and mark disaster relief and initial
recovery goods and equipment, and include detailed manifests with each
shipment. They should additionally inspect all such goods and equipment to
ensure their quality, appropriateness for the needs in the affected State, and
conformity with the national law of the affected State and international
standards.
4. Assisting States and eligible assisting humanitarian organizations should
assume responsibility for removing or disposing of any unwanted and unused
disaster relief and initial recovery goods, particularly if they may pose a threat
to human health or safety, or to the environment.
18. Special goods and equipment
In addition to the facilities described in paragraph 17:
1. Affected States should grant temporary recognition to foreign registration and
plates with regard to vehicles imported by assisting States and eligible assisting
humanitarian organizations or on their behalf in disaster relief and initial
recovery assistance.
2. Affected States should waive or expedite the granting of any applicable licences
and reduce any other barriers to the use, import or export of telecommunica-
tions and information technology equipment by assisting States and assisting
humanitarian organizations, or on their behalf, in disaster relief and initial
recovery assistance. Without discrimination against or negative impact to
domestic relief actors, affected States should also grant (or, where appropriate,
1222 SECTION V RELIEF ACTIVITIES IN DISASTER SITUATIONS

encourage other domestic actors to grant) assisting States and eligible assisting
humanitarian organizations priority access to bandwidth, frequencies and
satellite use for telecommunications and data transfer associated with disaster
relief operations.
3. Originating, transit and affected States should reduce legal and administrative
barriers to the exportation, transit, importation and re-exportation of
medications and medical equipment by assisting States and eligible assisting
humanitarian organizations, or on their behalf, in disaster relief and initial
recovery assistance, to the extent consistent with public safety and international
law. Assisting States and eligible assisting humanitarian organizations should
take all reasonable steps to ensure the quality, appropriateness and safety of any
such medications and equipment and in particular:
a) Any medications they import should be approved for use in the originating
and affected States;
b) Medications they use in their own operations should be:
(i) transported and maintained in appropriate conditions to ensure their
quality and;
(ii) guarded against misappropriation and abuse.
c) Any medications they donate for use by others in the affected State should
be:
(i) at least 12 months from their expiry date upon arrival, unless otherwise
agreed by the receiving authorities;
(ii) transported and maintained in appropriate conditions to ensure their
quality until they reach the affected State; and
(iii) appropriately labelled in a language understood in the affected State
with the International Nonproprietary Name or generic name, batch
number, dosage form, strength, name of manufacturer, quantity in the
container, storage conditions and expiry date.
4. Originating, transit and affected States should consider whether normal
requirements regarding fumigation and prohibitions and restrictions on food
imports and exports by assisting States and eligible assisting humanitarian
organizations in disaster relief operations can be modified or reduced.
19. Transport
1. Originating, transit and affected States should grant, without undue delay,
permission for the speedy passage of land, marine and air vehicles operated by
an assisting State or eligible assisting humanitarian organization, or on its
behalf, for the purpose of transporting disaster relief or initial recovery
assistance and, ideally, waive applicable fees.
2. In particular, permission should be granted for overflight, landing and
departure of aircraft. Such aircraft should also be authorized to operate within
the territory of the affected State as required for the delivery of assistance.
CHAPTER II INTERNATIONAL RELIEF ACTIONS 1223

3. Any applicable exit, transit and entry visas for the operating personnel of such
transport vehicles should be promptly issued.
20. Temporary domestic legal status
1. Affected States should grant relevant entities of assisting States and eligible
assisting humanitarian organizations, upon entry or as soon as possible
thereafter, at least a temporary authorization to legally operate on their territory
so as to enjoy the rights, inter alia, to open bank accounts, enter into contracts
and leases, acquire and dispose of property and instigate legal proceedings, for
the purpose of providing disaster relief and initial recovery assistance.
2. Assisting States and eligible assisting humanitarian organizations should also
be granted the right to freely bring the necessary funds and currencies in or out
of the country through legal means and to obtain legal exchange rates in
connection with their disaster relief or initial recovery assistance.
3. Affected States should allow assisting States and eligible assisting humanitarian
organizations to legally hire and terminate the contracts of local personnel.
21. Taxation
Affected States should provide exemptions to assisting States and eligible
assisting humanitarian organizations from value-added and other taxes or
duties directly associated with disaster relief and initial recovery assistance.
22. Security
Affected States should take appropriate measures to address the safety and
security of disaster relief and initial recovery personnel of assisting States and
eligible assisting humanitarian organizations and of the premises, facilities,
means of transport, equipment and goods used in connection with their
disaster relief or initial recovery assistance. Assisting States and assisting
humanitarian organizations should also take appropriate steps in their own
planning and operations to mitigate security risks.
23. Extended hours
Affected States should endeavour to ensure, when necessary, that State-operated
offices and services essential to the timely delivery of international disaster
relief function outside of normal business hours.
24. Costs
1. The costs of providing international disaster relief or initial recovery assistance
pursuant to these Guidelines should normally be borne by the assisting State or
assisting humanitarian organization. However, assisting States may agree in
advance with the affected State for the reimbursement of certain costs and fees,
or for the temporary loan of equipment.
2. Affected States should consider, when it is in their power and to the extent
possible under the circumstances, providing certain services at reduced or no
1224 SECTION V RELIEF ACTIVITIES IN DISASTER SITUATIONS

cost to assisting States and eligible assisting humanitarian organizations, which


may include:
a) In-country transport, including by national airlines;
b) Use of buildings and land for office and warehouse space; and
c) Use of cargo-handling equipment and logistic support.

B. General organization
See also:
Chap. I above Res. VIII, para. 2, of the 22nd International Conference
(Teheran, 1973), p. 1207

Coordination and standardization of Red Cross emergency relief


The Board of Governors,
recognizing the necessity for the coordination and standardization of Red
Cross emergency relief under the auspices of the League,
recommends to National Societies that they conclude bilateral or regional
agreements covering mutual assistance in cases of calamities or disasters. (Board of
Governors, XXIst Session, Monte Carlo, 1950, Resolution 6)

Red Cross as an international disaster relief organization


The Board of Governors,
considering that the Red Cross, has demonstrated, particularly during the last
few years, its ability to meet disaster situations requiring emergency action,
further considering that such actions require coordination on an international
level and that the League Secretariat is the natural agency to effect this
coordination,
instructs the League Secretariat to reinforce and expand its services to the
National Societies in the field of emergency disaster relief and to enter into
conversation through the National Societies with the appropriate national
authorities and, directly, with international authorities to assure their collaboration
and to ensure recognition of the Red Cross as the organization best qualified to
meet natural disaster situations. (Board of Governors, XXIIIrd Session, Oslo, 1954,
Resolution 10 a)

Air transport in international relief actions


The XXIst International Conference of the Red Cross,
considering that each year numerous natural disasters cause loss of life, loss of
property and great suffering,
whereas mutual disaster relief strengthens ties of friendship and solidarity,
CHAPTER II INTERNATIONAL RELIEF ACTIONS 1225

considering further that international relief activities are an important form of


Red Cross action on a national and international scale,
whereas assistance given quickly alleviates suffering caused by disasters,
refers to Resolution 2435 on assistance in cases of natural disaster adopted on
19 December 1968 by the General Assembly of the United Nations,
thanks the International Air Transport Association (IATA) and the airline
companies which have granted free air transport or reduced rates,
requests airline companies to transport relief supplies under conditions in no way
prejudicial to the conveyance of such supplies, and in particular to reduce freight
charges. (Istanbul, 1969, Resolution XXIII)

Issue of visas to delegates appointed in connection with appeals


for assistance in time of disaster
The XXIIIrd International Conference of the Red Cross,
recalling that the Principles and Rules for Red Cross Disaster Relief, approved by
the XXIst International Conference of the Red Cross (Istanbul, 1969), stress the need
for rapid action in time of disaster, which necessitates careful and complete pre-
disaster planning in National Societies and in the international bodies of the Red
Cross,
noting that in Article 13 of the said Principles and Rules, National Societies are in
particular responsible for obtaining travel facilities and the quick granting of visas for
Red Cross personnel in relief operations,
observing that, in Resolution No. XXV, the XXIst International Conference of the
Red Cross (Istanbul, 1969) urges all Governments, which have not already done so to
prepare and to pass the necessary legislation enabling immediate and adequate action
to be taken, in conjunction with the Red Cross, along the lines of a pre-established plan
based on the disaster relief rules. adopted by this Conference,
regretting that experience indicates that the obtaining of visas for disaster and
relief delegates and teams remain a time-consuming procedure which often delays
their departure,
urges National Societies to make representations to their Governments, with a
view to achieving an easing of governmental formalities for the entry of official
League delegates or official national teams provided by other Societies in response to
a League appeal,
recommends any National Society requesting assistance following a disaster to
obtain from its Government the assurance that the relief personnel sent out at the
request of the League, whether official League delegates or teams made available by
National Societies, will be given the advantage of simplified entry formalities, such as
exemption from visa obligation, issue of visa at points of entry, or any other facility
enabling this relief personnel to fulfil its mission without delay, while respecting local
legislation; the Society launching the appeal shall inform the League of the measures
taken by the Government in this respect. (Bucharest, 1977, Resolution V)
1226 SECTION V RELIEF ACTIVITIES IN DISASTER SITUATIONS

Measures to expedite international relief


The XXIIIrd International Conference of the Red Cross,
considering the important part played by the Red Cross in assistance to the victims
of natural disasters and other emergency situations,
reaffirming the solidarity of National Red Cross Societies and their duty to help
each other when one of them is struck by an emergency situation exceeding its
resources,
recalling that the plight of victims to a large extent depends on the speed with
which adequate help arrives,
noting that there are still too many obstacles and difficulties which slow down the
movement of international relief supplies and relief personnel to the detriment of
those in urgent need of assistance,
noting with satisfaction the joint League of Red Cross Societies-UNDRO study on
these obstacles, and the resulting recommendations concerning the measures to be
taken to overcome them and to speed up the movement of relief personnel and
supplies,
taking into consideration Resolution No. 2102 (LXIII) adopted by the Economic
and Social Council of the United Nations on 3 August 1977 at its 2084th plenary
meeting,
supports the League UNDRO recommendations as set out in the annex,
hopes that the United Nations General Assembly will adopt them,
urges National Societies, Governments, inter-governmental bodies and non-
governmental organizations concerned with relief operations to implement these
recommendations to the fullest possible extent,
requests the League, in liaison with the ICRC, to continue in its endeavours with
organizations engaged in disaster relief, and in particular UNDRO, with a view to
surmounting the obstacles and difficulties in the way of the despatch of international
relief and the movement of relief personnel.
CHAPTER II INTERNATIONAL RELIEF ACTIONS 1227

ANNEX
RECOMMENDATIONS

Measures to expedite international relief


Recommendation A
It is recommended in accordance with paragraph 8 (b) of General Assembly
Resolution 2816 (XXVI) that potential recipient Governments, if they have not
already done so, designate one single national relief authority to coordinate all
domestic relief activities: this authority will collaborate with appropriate government
departments and with domestic and international relief agencies in defining and
quantifying those relief items required from abroad.
Recommendation B
It is recommended that potential recipient Governments waive requirements for
consular certificates of origin and invoices, with respect to relief consignments (as
distinct from normal commercial imports), on condition that adequate
documentation from recognized relief agencies accompany such consignments.
Examples of such documentation are provided in the LICROSS Recommended
Procedures for Packaging and Labelling or Marking Consignments of Supplies for
International Disaster Relief Operations, UNICEF shipping list, and similar
documents from other recognized relief agencies.
Recommendation C
It is recommended that potential recipient Governments waive requirements for
import and/or export licences, possibly through extending the scope of the Annex to
the Convention of the Customs Cooperation Council (Provisions 3 to 28) to apply to
relief shipments destined for any kind of disaster.
Recommendation D
It is recommended that potential recipient Governments waive to the extent
compatible with minimum standards of hygiene and animal protection normal
requirements regarding fumigation certificates and restrictions on food imports where
these would impede the admission of relief essential for the protection of disaster
victims.
Recommendation E
It is recommended, that all Governments waive requirements for transit, entry and
exit visas for relief personnel acting in their official capacity as representatives of
internationally recognized relief agencies. In this connexion, attention is drawn to
Resolution No. 13 adopted by the Board of Governors of the League of Red Cross
Societies at their 33rd Session, and Governments are urged to approve its adoption at
the forthcoming 23rd International Conference of the Red Cross as well as to
generalize its provisions so as to apply them to all relief personnel representing
internationally recognized relief agencies.
1228 SECTION V RELIEF ACTIVITIES IN DISASTER SITUATIONS

Recommendation F
It is recommended that all donors restrict their relief contributions to those high-
priority relief needs identified by appropriate relief authorities and agencies with a
view to more efficient utilization of resources and more rapid fulfilment of essential
relief needs.
Recommendation G
It is recommended that all Governments, inter-governmental agencies and non-
governmental organizations concerned with relief operations undertake programmes
to educate donors on the importance of avoiding contributions of non-essential items
for relief purposes.
Recommendation H
It is recommended that all donors ensure that prompt notification is given to
consignees of impending relief shipments; that they review procedures for consigning
relief shipments; that they include detailed manifests with each consignment; and that
they seek to secure prompt acknowledgement of arrival of the consignee. In this
connexion, donors are encouraged to refer to the Recommended Procedures for
Packaging and Labelling or Marking Consignments of Supplies for International
Disaster Relief Operations, prepared by the League of Red Cross Societies.
Recommendation I
It is recommended that Governments of transit and recipient countries ensure that
their customs authorities receive standing instructions to expedite processing of relief
shipments in their custody. In this connexion, Governments are urged to consider
acceding to Annex F.5 concerning Urgent Consignments adopted in Brussels in 1976
as an annex to the International Convention on the Simplification and
Harmonization of Customs Procedures adopted by the Customs Cooperation Council
at Kyoto (1973).
Recommendation J
It is recommended that all Governments authorize their national airlines whether
members of IATA or not to accord free transportation or, if this is not possible,
transportation at minimal rates to relief consignments and relief personnel wherever
reasonably possible. Potential recipient Governments in particular should instruct
their national airlines to accord such treatment to incoming relief personnel and relief
shipments, even to the extent of deferring transport of regular passenger and
commercial cargo.
Recommendation K
It is recommended that all Governments relax limitations imposed on carriers not
possessing traffic rights where this action would facilitate the travel of relief personnel
or the transport of relief supplies and equipment.
CHAPTER II INTERNATIONAL RELIEF ACTIONS 1229

Recommendation L
It is recommended that all Governments explore the possibility of according
overflight permission and landing rights for aircraft transporting international relief
at the outset of disaster emergency operations. It would be desirable for such
authorizations to be valid for the duration of the emergency relief phase, thereby
obviating the need for subsequent time-consuming ad hoc overflight and landing
requests.
Recommendation M
It is recommended that potential recipient Governments take advance measures to
authorize recognized relief agency personnel to have access to all available telex, cable,
wire, telephone and radio facilities, as disaster relief circumstances require, for their
internal and external communications. (Bucharest, 1977, Resolution VI and Annex)

The role of medical personnel in the preparation


and execution of Red Cross emergency medical actions
The XXIVth International Conference of the Red Cross,
aware of the great number of armed conflicts and natural disasters in which the
National Societies, the ICRC and the League must provide emergency medical
assistance,
desiring the experience acquired by the Red Cross to be fully used in the better
preparation of medical personnel and material,
mindful of the Red Cross need to obtain for that purpose the services of
experienced members of the health professions for the analysis of needs and for the
planning, coordination, conduct and appraisal of emergency medical actions,
bearing in mind Resolution XVII of the XXIIIrd International Conference of the
Red Cross recommending that the skills and knowledge of professionals be mobilized
in the planning and implementation of all humanitarian activities,
1. recommends the ICRC and the League to improve the instruction material to be
made available to National Societies and to help the National Societies to train
personnel for national and international emergency medical actions,
2. urges the National Societies to follow the guidelines issued by the ICRC and/or the
League when making medical personnel and material available to those two
organizations,
3. recommends each National Society wishing to participate in ICRC and League
emergency medical actions to use for their preparation members of the health
professions having the necessary experience of emergency medical action, who
could also assess the work of returning teams and process their reports,
4. recommends also each National Society undertaking a medical action in a country
where neither the ICRC nor the League is operating to follow the rules and
1230 SECTION V RELIEF ACTIVITIES IN DISASTER SITUATIONS

principles evolved by the International Red Cross and to entrust the planning and
conduct of the action to experienced members of the health professions,
5. requests all National Societies to participate in Red Cross national and
international development programmes for emergency medical action. (Manila,
1981, Resolution XXVI)

Medical supplies in Red Cross and Red Crescent emergency operations


The Twenty-fifth International Conference of the Red Cross,
aware that the physical and mental health of victims is affected by any emergency,
recognizing that in relief operations health personnel must have the appropriate
medicaments and medical supplies at their disposal when they are needed, in order to
provide efficient assistance to victims,
recalling that, especially in relief operations, medicaments and medical supplies
may be dangerous if used by other than qualified health personnel,
being anxious to avoid misuse of medicaments and to obtain the maximum results
from relief operations with limited financial and manpower resources,
1. recommends that each National Society and government wishing to participate in
ICRC or League relief operations requiring medical relief supplies should limit
their gifts to the needs identified by the ICRC or League in prior consultation with
those organizations,
2. recommends that any gift of medicaments or medical supplies to an ICRC or
League relief operation should be in accordance with guidelines issued by the
ICRC and the League, under the supervision of qualified health personnel and in
conformity with the recipient countrys drug policy, if any,
3. recommends that National Societies and governments participating in Red Cross
and Red Crescent relief operations should use the WHO Standard list of drugs and
clinic equipment for League operations and the ICRC Standard list of
medicaments and medical material for ICRC operations,
4. recommends that all medicaments and medical supplies provided through the
ICRC or the League should be packed and labelled in accordance with the
guidelines issued by the ICRC or the League, depending upon the character of the
operation. (Geneva, 1986, Resolution XIX)

Disaster relief in case of technical and other disasters


The Twenty-fifth International Conference of the Red Cross,
recognizing that technological developments in many areas constantly progress
and that many States carry out nuclear activities,
being aware that in the development and application of existing and new
technologies it cannot be totally excluded that at any time technical incidents can turn
CHAPTER II INTERNATIONAL RELIEF ACTIONS 1231

suddenly into serious accidents and disasters, which directly endanger the health and
life of a great number of people,
recognizing that damaging situations of this kind can also occur below the
threshold of disaster, which require immediate and preventive action on the part of all
agencies called upon to help,
knowing that the effects of such serious accidents and disasters can
independently of where they occurred, in one State spread to the territory of other
States,
being aware that these kinds of accidents and disasters require special and
additional measures of prevention, assistance and mutual information and support,
which must be planned and carried out both by States and by international
organizations,
expressing the wish that to this end international cooperation may be reinforced
and intensified,
acknowledging the fact that the International Red Cross and Red Crescent
Movement is more especially obliged to provide mutual assistance and support in any
kind of disaster,
recognizing the necessity for the Movement to address itself more comprehensively
and more intensively than up to now to the issue of possible dangers and consequences
of technical and other disasters with a view to more adequate and improved assistance,
noting with gratitude that the members of the International Atomic Energy
Agency meeting in Vienna recently adopted a Convention on early notification of
nuclear accidents and on mutual assistance,
1. requests governments to intensify future international cooperation for the safe
development and application of new technologies and to undertake efforts to
conclude further bilateral and multilateral agreements on mutual, timely and
comprehensive information as well as on measures for mutual assistance,
2. recommends to governments and international organizations when concluding
such agreements and conventions also to take proper account of the capacity of
their corresponding National Red Cross and Red Crescent Societies and of the
entire Movement to participate in relief action and to include them in their
information system at an early stage,
3. further recommends to governments vigorously to support their National Red
Cross and Red Crescent Societies in their efforts to improve their capacity for
assistance in this field,
4. calls upon National Red Cross and Red Crescent Societies to approach their
governments in the manner outlined above and to undertake efforts that promote
improvement of their own capacity for assistance,
5. encourages National Red Cross and Red Crescent Societies to intensify their efforts
to arrive at bilateral and multilateral agreements and commitments to mutual
assistance in case of major disasters of any kind,
1232 SECTION V RELIEF ACTIVITIES IN DISASTER SITUATIONS

6. recommends that the League of Red Cross and Red Crescent Societies and the
Henry Dunant Institute undertake a study concerning the possibilities and
necessities of improved assistance from the Movement in case of technical and
other disasters and that the results of this study be reported to the next
International Conference,
7. calls upon the Movement not to slacken its efforts to support National Red Cross
and Red Crescent Societies in their endeavour to conclude agreements for mutual
assistance in case of technical disasters and all other kinds of disasters in as
comprehensive a manner as possible and in the spirit of human solidarity and to
carry out a regular exchange of experience. (Geneva, 1986, Resolution XXI)

Coordination of non-governmental disaster relief in time of peace


The Council of Delegates,
noting with satisfaction the growing governmental and non-governmental
humanitarian response to international disaster relief operations,
aware of the responsibility of the recognized relief agencies to promote informa-
tion, cooperation and coordination in case of international disaster relief operations,
referring to the Principles and Rules for Red Cross and Red Crescent Disaster
Relief adopted by the 21st International Conference of the Red Cross in Istanbul
(1969), amended by the 22nd International Conference in Teheran (1973), by the
23rd International Conference in Bucharest (1977), by the 24th International
Conference in Manila (1981), and by the 25th International Conference in Geneva
(1986),
stressing the function of the International Federation of Red Cross and Red
Crescent Societies to act as the permanent body of liaison, coordination and
information exchange between the National Societies, in accordance with the
Principles and Rules for Red Cross and Red Crescent Disaster Relief,
recalling Resolution VII adopted at the 22nd International Conference in
Teheran (1973) requesting the Federation, the ICRC and National Societies to
maintain and further strengthen their association with UNDRO with a view to
effecting closer cooperation and coordination in the field of relief assistance in
cases of disaster, including also other specialized UN agencies,
recognizing the commitment of the Federation to supporting the International
Decade for Natural Disaster Reduction (1990-1999),
recognizing that governments of countries prone to natural disasters are
increasingly acknowledging the important roles played by national and
international voluntary relief agencies in times of disaster and are further
strengthening their mechanisms for effectively utilizing international NGO relief,
recognizing the need for disaster-prone countries to have in place a disaster
preparedness plan which includes a policy on the role of international NGOs offering
assistance in times of disaster, in order to avoid confusion, duplication and waste of
effort which would reduce the effectiveness of assistance to disaster victims,
CHAPTER II INTERNATIONAL RELIEF ACTIONS 1233

recognizing that disaster preparedness covers both natural and man-made


disasters, including movements of refugees and displaced persons,
taking note of the growing number of NGOs involved in disaster relief and the
variety of skills they bring to the disaster area, which can be of importance in
increasing the benefits accruing to disaster victims, if well coordinated with
national relief efforts,
recognizing the well-founded and increasing demands of donor governments
and other donor institutions for improved effectiveness in disaster relief through
better coordination, and the need to present a coherent picture of international
humanitarian action to world public opinion,
1. appeals to all governments of disaster-prone countries to take steps, as a disaster
preparedness measure, to ensure the establishment of National Disaster Relief
Committees to provide overall coordination in times of disaster;
2. urges that National Red Cross and Red Crescent Societies should be represented
on such committees along with other relevant national NGOs;
3. recommends that National Red Cross and Red Crescent Societies, in cooperation
with the Federation and abiding by the Principles and Rules for Red Cross and Red
Crescent Disaster Relief, take steps to facilitate the coordination of NGO efforts in
disaster relief or to assist other appropriate national NGOs in so doing;
4. urges the Federation to take steps to assist National Societies in fulfilling this
role. These should include, inter alia:
- pre-disaster preparedness assistance to National Societies to aid them in
preparing for a possible coordination role, including the provision of training
and communications equipment where appropriate,
- assistance to National Societies in times of disaster to carry out timely needs
assessments and formulate effective relief action plans,
- the provision of specifically allocated and suitably equipped international
personnel, in times of disaster, to assist National Societies in the critical work
of gathering, analysing and sharing information pertinent to the disaster,
within the responding NGO community, with a view to providing a common
basis of understanding from which cooperation and coordination can grow,
- assistance to National Societies, in times of disaster, to develop the potential
to act as a facilitator between the NGO community and the host government,
if so requested. (Council of Delegates, Budapest, 1991, Resolution 15)

Harnessing international humanitarian assistance for disaster reduction


The Council of Delegates,
notes the growing international awareness of the increasing scale of disasters
and the detrimental effect they have on attaining sustainable development targets
of disaster-prone countries and communities;
1234 SECTION V RELIEF ACTIVITIES IN DISASTER SITUATIONS

notes the increasing willingness of multinational and national bodies to take


action in support of foreign disaster relief;
notes the growing phenomenon of short-lived NGOs created in response to
particular disaster events, which on occasion act as channels for donor government
funding;
notes in particular the present discussions in, inter alia, the UN, EC and the
Council of Europe on strengthening their respective disaster relief responses,
notes with regret that in the above discussions the emphasis is placed upon
high-profile short-term relief measures with consequential reduction in the
resources available for the vital work of disaster preparedness and prevention;
appeals to governments and multilateral bodies to re-examine the existing
arrangements for delivering relief with a view to making these structures function
effectively rather than creating new, possibly short-lived, fractionated arrangements;
appeals to governments to demonstrate a clear commitment to funding and
carrying out disaster preparedness programmes aimed at reducing peoples
vulnerability to disasters and increasing agencies ability to respond to disasters;
affirms the willingness and capacity of the Red Cross and Red Crescent
Societies to act in disaster preparedness, relief and rehabilitation across all major
disaster-prone countries;
calls upon the Federation to continue to increase its competence in disaster
response, thus increasing its viability as an operational partner for major
government and multilateral donor institutions while keeping its independence.
(Council of Delegates, Budapest, 1991, Resolution 16)

C. Technical provisions

Red Cross/Red Crescent international radio communication network


The XXth International Conference of the Red Cross,
having taken note of the report presented by the International Committee of the
Red Cross and the League of Red Cross Societies on the subject of the establishment of
a Red Cross international radio communication network,
notes with satisfaction the results already obtained and invites the two
international institutions and National Societies to continue their efforts in this field,
expresses to the Plenipotentiary Conference of the International Telecommuni-
cation Union at present meeting in Montreux, to the Governments members of the
Union and to the Secretariat of the Union its sincere gratitude for the facilities already
granted and the help given and
expresses the wish that they will continue to cooperate in the establishment of the
Red Cross international emergency radio communication network. (Vienna, 1965,
Resolution XV)
CHAPTER II INTERNATIONAL RELIEF ACTIONS 1235

Red Cross emergency radiocommunications


The XXIIIrd International Conference of the Red Cross,
taking note with satisfaction of the considerable developments in the Red Cross
emergency radiocommunications network,
stressing that in emergency situations the Red Cross must have at its command,
direct, independent and speedy communications for its action for the victims,
thanks the national and international administrations which have granted the
Red Cross many facilities in this field,
requests the World Administrative Radiocommunications Conference, to be held at
Geneva in 1979, to take a constructive approach to all practical measures which might
make this emergency network still more effective, in particular by according
additional frequencies. (Bucharest, 1977, Resolution IX)

Use of radiocommunications by the Red Cross organizations


The Council of Delegates,
considering that:
a) Recommendation 34 of the Administrative Radiocommunications Conference
is the original basis of the use of radiotelegraph and radiotelephone links by
Red Cross organizations;
b) the Twenty-third International Red Cross Conference in Bucharest in 1977
adopted Resolution IX: Red Cross emergency radiocommunications,
addressed to the International Telecommunication Union for presentation to
the World Administrative Radiocommunications Conference (WARC) in
Geneva in 1979;
c) the WARC acted upon this resolution by replacing Recommendation 34 by
Resolution 10, which is included in the Radio Regulations appended to the
International Telecommunications Convention;
d) the Twenty-fourth International Red Cross Conference, took note of this with
satisfaction in Resolution VIII, after having examined in Commission 1, under
item 3.2 of the agenda, the action taken pursuant to Resolution IX adopted in
Bucharest;
requests National Societies
1. to submit to their national telecommunications administration their
requirements for radiotelecommunication facilities, notably for a call-sign and
the necessary frequency assignments, in conformity with Resolution 10 of the
Radio Regulations;
2. to ask their national telecommunications administration for a licence to operate
a national Red Cross emergency radiotelecommunications network;
1236 SECTION V RELIEF ACTIVITIES IN DISASTER SITUATIONS

3. to make provision, in their request, for emergency links between the national
Red Cross emergency network and the emergency network of the International
Red Cross in Geneva;
4. to inform their national telecommunications administration of the characteristics
of the emergency network of the International Red Cross in Geneva, which is the
subject of a licence granted by the Swiss telecommunications administration
(PTT) to the ICRC in Geneva in 1963;
5. to do their utmost, in collaboration with their national telecommunications
administration, to make their national emergency radiocommunications
network operational. (Council of Delegates, Geneva, 1983, Resolution 5)

CHAPTER III

BENEFICIARIES OF RELIEF ACTIONS1

A. Assistance to children
See also:
Part One
Chap. B, Doc. XVI Art. 38 of the UN Convention on the Rights of the Child
Part Four
Section III, Chap. I Res. 14 of the Council of Delegates (Budapest, 1991),
p. 1092
Res. 4 of the Council of Delegates (Birmingham, 1993),
p. 1094
Section IV, Chap. IV C Res. IX of the 25th International Conference (Geneva,
1986), p. 1146
Res. 5 of the Council of Delegates (Geneva, 1995), p. 1148
Res. 8 of the Council of Delegates (Geneva, 1999), p. 1149
Section IV, Chap. IV E Res. 2, C, of the 26th International Conference
(Geneva, 1995), p. 1161

Assistance to children in emergency situations


The Twenty-fifth International Conference of the Red Cross,
noting with satisfaction the progress of the work of the United Nations
Commission on Human Rights on the draft Convention on the Rights of the Child,
while drawing governments attention to the fact that it is essential for that work to

1 On assistance to refugees and aliens, see Section IV, Chapter IV D above.


CHAPTER III BENEFICIARIES OF RELIEF ACTIONS 1237

result in provisions granting protection comparable to and, if possible, greater than


existing international instruments,
being conscious of the major challenge that the plight of children in emergency
situations, whether accompanied or not, represents to governments, National Societies
and other relief agencies,
deeply worried about the security of unaccompanied children, especially in
emergencies,
recognizing that children during emergency situations have the right of access to
parental or family care to the greatest possible extent and stressing the need for
governments, National Societies and other relief agencies to take the necessary steps to
ensure this,
1. urges governments, National Societies, the League, the ICRC and other relief
agencies especially to take care of children when emergency situations occur and
to protect them from all forms of physical and mental injury or abuse,
2. urges governments, National Societies, the League, the ICRC and other relief
agencies to take appropriate measures to combat the illicit international transfer
and non-return of children,
3. urges governments, National Societies, the League, the ICRC and other relief
agencies to take appropriate measures to identify unaccompanied minors as soon
as possible, establish and maintain an individual file and ensure that tracing
efforts are made with a view to family reuniting,
4. recommends governments and National Societies to take appropriate steps for the
successful rehabilitation of children who have been victims of emergencies,
5. asks governments and National Societies to report to the next International
Conference on the measures taken to assist children in emergency situations.
(Geneva, 1986, Resolution XX)

B. Assistance to famine-stricken populations


See also:
Section III, Chap. I Res. 12 and 13 of the Council of Delegates (Budapest,
1991), pp 1089-1091

Relief in famine situations


The XVIIIth International Red Cross Conference,
noting there is from time to time famine in various parts of the world, that is
especially serious at present,
calls upon National Societies to respond to appeals from sister Societies,
recommends to all National Societies that they coordinate with the League of Red
Cross Societies their relief contributions in order to effect the most urgently required
aid, and in the most expeditious manner,
1238 SECTION V RELIEF ACTIVITIES IN DISASTER SITUATIONS

urges that assistance so extended be made on the unconditional basis of pure


humanitarianism and in the spirit of mutual assistance and brotherhood among the
peoples of all nations, under the principles of the League of Red Cross Societies,
recommends that the recipient Societies report to the League of Red Cross Societies
their use and/or distribution of these supplies, and, further,
recommends that, in order to coordinate the efforts of National Societies, the
League of Red Cross Societies make a special study of the needs of famine areas, so that
advice concerning the urgency of needs of the respective famine-stricken areas may be
given to National Societies. (Toronto, 1952, Resolution XXVI)

The Red Cross and famine


The XXIIIrd International Conference of the Red Cross,
considering that malnutrition and famine still prevail in many parts of the world
and are a constant threat to human life, health and economic stability,
stressing that its fundamental principle of humanity necessitates Red Cross
intervention,
recalling Resolution No. 12/1975 of the XXXIIIrd session of the Board of
Governors of the League,
calls upon National Societies in famine-prone regions to include all feasible
preventive measures in their current activities and disaster preparedness plans,
requests the Red Cross to collaborate more closely, especially in acute situations,
with Governments and intergovernmental organizations working in this field, in
particular the Food and Agriculture Organization, the World Food Programme, the
World Health Organization, the United Nations Childrens Fund and the United
Nations Disaster Relief Office,
appeals to Governments to intensify their efforts to alleviate suffering in such
catastrophes and urges the Red Cross to coordinate its activities more closely with
those of Governments. (Bucharest, 1977, Resolution IV)

Nutrition and food donation policy


in Red Cross and Red Crescent emergency operations
The Twenty-fifth International Conference of the Red Cross,
aware that the physical and mental health of victims is affected by any emergency,
recalling that malnutrition is often one of the major problems identified during
health assessments following emergencies,
recognizing that, since the factors which affect nutrition are many and complex
and food distribution alone is not always the most appropriate response to nutritional
problems, a professional approach is essential,
recognizing further that maximum advantage must be derived from available
manpower and resources,
CHAPTER III BENEFICIARIES OF RELIEF ACTIONS 1239

1. recommends that all Red Cross and Red Crescent nutritional programmes be
integrated into the general health programme adapted specifically to each
emergency operation,
2. recommends that any Red Cross and Red Crescent nutritional response, including
food distribution, be undertaken within the framework of a clearly established Red
Cross and Red Crescent nutritional programme which is effectively planned,
monitored and evaluated,
3. urges that all nutritional programmes of the ICRC, the League and National
Societies be developed in accordance with the Nutrition and food donation policy
in Red Cross and Red Crescent emergency operations and be established under
the guidance of nutritionists,
4. recommends that each government participating in food distribution and other
nutritional activities through ICRC/League emergency operations, or on a
bilateral basis with a National Society, take full account of the Nutrition and food
donation policy in Red Cross and Red Crescent emergency operations.
(Geneva, 1986, Resolution XVIII)
SECTION VI

ACTIVITIES IN PEACETIME

CHAPTER I

HEALTH

See also:
Section II, Chap. IV A Res. 2, paras 7 and 8, of the General Council, Ist Session
(Geneva, 1920), p. 1057
Section II, Chap. V Res. XXXV of the, 20th International Conference
(Vienna, 1965), p. 1076
Section IV, Chap.IV Plan of Action 2000-2003, Final Goal 3, 27th Inter-
national Conference, Geneva 1999, p. 1175
Agenda for Humanitarian Action, General objective 4,
28th International Conference, Geneva 2003, p. 1196

Red Cross relations with governmental authorities and governmental


and non-governmental organizations in the medico-social field
The XIXth International Red Cross Conference,
considering with satisfaction the development over recent years of the working
relations between the Secretariat of the League of Red Cross Societies, the World
Health Organization, and other governmental and non-governmental international
organizations,
recognizing the importance of these contacts in bringing about coordination of
activities and in making the best use of the available resources,
recalling the terms of the Resolutions adopted on this point by the Board of
Governors of the League in 1946 and by the XVIIth International Conference of the
Red Cross in 1948,
recommends the development of existing links between the League and these
organizations on both the international and the regional levels,
suggests that National Red Cross Societies:
a) develop their relations with the regional and national offices of these organizations
in order to ensure that the best possible use is being made of Red Cross resources in
terms of personnel, professional and auxiliary, as well as of equipment, and that
the largest possible participation be encouraged of Red Cross volunteers of all
categories in carrying out medico-social activities of particular interest to the area
under consideration;
CHAPTER I HEALTH 1241

b) make contact with the competent government services in order to ensure closer
cooperation on the national level and thus coordinating the programme of
activities. (New Delhi, 1957, Resolution XXIII)

Red Cross voluntary auxiliary personnel


The XIXth International Red Cross Conference,
considering that one of the fundamental responsibilities of National Societies is to
supplement governmental action by providing authorities with additional qualified
staff, professional and auxiliary,
underlines the need for establishing the closest possible coordination between
National Societies and the competent authorities in planning and conducting in each
country the activities necessary for the maintenance of health in that country,
invites National Societies to increase their efforts in encouraging a wide
participation of voluntary auxiliary personnel in the various Red Cross activities such
as first-aid, disaster relief, health education, nursing, blood transfusion, care of the
handicapped and old people, mental health services, fight against alcoholism,
nutrition and social welfare, particularly in the field of mother and child care,
invites National Societies to ensure that the training of all their voluntary and
auxiliary personnel includes not only the necessary technical instruction but also
detailed information about the Red Cross, its ideals, its means of action nationally and
internationally, and the rights and obligations of its members,
underlines particularly the need for National Societies to train auxiliary personnel
for work in disaster relief operations, such training to stress the importance of the
human factor in the relations between Red Cross workers and the public and to include
some knowledge of the psychological and social factors liable to influence such relations,
recommends that Governments consider the efforts of the Red Cross, taking into
account its experience on the international level, and encourage its pioneer work as
well as its traditional activities and relief work, whilst respecting its guiding principles
of impartiality and independence. (New Delhi, 1957, Resolution XXVII)

Development of first aid training in National Societies


The Council of Delegates,
considering First Aid as an essential activity of National Societies and the
teaching of the subject to the public as an intrinsic Red Cross activity in promoting
health,
considering the role which First Aid teams are called upon to play in the varied
aspects of health education of the greatest importance,
draws the attention of recently founded National Societies to the importance of
extending First Aid instruction and organizing properly trained First Aid teams,
emphasizes the responsibility of training instructors and leaders in that field,
1242 SECTION VI ACTIVITIES IN PEACETIME

requests the experienced sister Societies to afford, through the League, every
possible assistance with the object of training First Aid leaders and increasing the
number of First Aid teams among recently founded National Societies. (Council of
Delegates, Centenary Congress, Geneva, 1963, Resolution 11)

Cooperation of National Red Cross and Red Crescent Societies with


Governments in the field of primary health care
The XXIVth International Conference of the Red Cross,
taking into account the importance of promoting health and well-being of the
population as a necessary condition for social progress and safeguarding peace in the
world,
recalling Resolutions XV and XVII of the XXIIIrd International Conference of the
Red Cross, defining the role and main forms of medico-social activities of National
Societies in the framework of the Red Cross humanitarian mission,
recalling the readiness of the National Red Cross and Red Crescent Societies to
cooperate with their respective Governments which was confirmed by Recom-
mendation 1 of the Second Session of the General Assembly of the League in
promoting health and well-being by providing primary health care in line with the
principles and tasks of the Red Cross,
noting the necessity of further developing community services of National Red
Cross and Red Crescent Societies in order to meet the needs of the population taking
into account local socio-economic conditions,
sharing the position of the WHO, that the main social task of Governments and
health bodies in the coming decades should be the attainment by all people of such a level
of health which would allow them to lead a socially and economically productive life,
stressing the importance of primary health care as the main factor of achieving the
goal health for all by the year 2000,
1. recommends the National Red Cross and Red Crescent Societies to consider the
development of primary health care a main task in the field of medico-social
activities, paying special attention to those elements and directions of these
activities which meet their national needs,
2. recommends the National Societies to broaden as far as possible interregional and
intraregional cooperation in setting up and improving community services
through the exchange of experiences, personnel and information,
3. requests the League Secretariat to ensure elaboration of regional strategies and
programmes for developing primary health care as an integral part of the strategy
for the development of National Societies,
4. invites all Governments to take into account in formulating their countries health
strategies the potentials of their National Red Cross or Red Crescent Societies and
assist them in a practical way in the preparation and implementation, of primary
health care programmes. (Manila, 1981, Resolution XXII)
CHAPTER I HEALTH 1243

Water supply and sanitation in Red Cross and Red Crescent relief actions
and primary health care
The General Assembly,
recognizing the importance to human health and well-being of access at all
times to an adequate supply of safe water and appropriate sanitation facilities,
aware that in time of disasters the provision of safe drinking water and the
disposal of wastes are immediate needs of victims,
aware that the Primary Health Care approach includes provision of water
supply and sanitation as one of its eight essential elements,
recognizing the basic right of all people to safe water and sanitation as a part of
comprehensive human development,
recalling previous General Assembly and International Conference Resolutions,
which have emphasized the potential of Red Cross and Red Crescent Societies to
respond to emergency situations and to contribute towards the development of
national Primary Health Care Programmes,
noting that certain National Societies have proposed that the Federation
become more involved in water supply and sanitation interventions,
recognizing that several National Societies have already been involved in
activities in the water and sanitation sector,
recognizing the potential that National Societies have, in terms of their
structure, members and volunteers, capacity and preparedness, to respond to the
needs of disaster-struck and vulnerable people,
urges all National Societies to strengthen and develop their capacity for
advocacy and implementation of sustainable activities in the field of water and
sanitation by providing staff and volunteers with knowledge, skills and training
ability in basic hygiene methodologies, water quality protection techniques,
distribution and storage of water in disaster relief situations and the control of
communicable diseases,
urges all National Societies to continue to cooperate and collaborate with
governmental departments, other non-governmental organizations, specialized
intergovernmental organizations and external support agencies, to achieve a
coordinated and integrated intervention approach in water supply and sanitation,
in development, disaster preparedness and relief phases,
requests the Secretary General to assist National Societies in their interventions
related to water supply and sanitation, through sharing information, elaborating
and disseminating policy guidelines, supporting development of human and other
resources, and strengthening international cooperation between National Societies
and with non-governmental, bilateral and multinational external support agencies.
(General Assembly, IXth Session, Birmingham, 1993, Decision 24)
1244 SECTION VI ACTIVITIES IN PEACETIME

Psychological support to victims of disasters and stressful life events


The General Assembly,
recalling that since its foundation the Red Cross has endeavoured to meet the
needs of the victims of war and disaster situations by providing material assistance,
social welfare and development programmes;
noting that this assistance has focused mainly on the physical and material
needs of the victims but that most Red Cross and Red Crescent volunteers have
always provided moral support and comfort to the people they assist,
noting that there is growing awareness amongst National Societies of the
psychological effects upon individuals and communities of stressful events, and
that some National Societies have developed programmes aimed directly at
mitigating psychological suffering of victims of disasters;
concerned that disasters, in particular technological disasters, have recently
demonstrated their cross-boundary effects, both on physical and psychological
health;
aware that the increasing use of delegates and relief workers in complex disaster
situations has increased the need for adequate psychological support to this
category of workers;
concerned that reports of increased cases of murder, rape and torture, in
contravention of the Geneva Conventions have led to a growing need for
psychological care for both victims and relief workers;
recognizing that it is now time for the Red Cross and Red Crescent Movement to
take this knowledge into consideration and develop action plans which, together
with the provision of material support, envisage programmes to mitigate
psychological suffering and stress and that the overall objective of these action plans
should be to give equal weight to mental and physical aspects of human suffering;
urges National Societies to recognize the need for a comprehensive
psychological support programme to be integrated into their training activities,
spelled out in their preparedness guidelines, present in on-going services and
carried out in their operations, and to further recognize that to promote this
approach it is necessary to:
refresh knowledge of psychological effects of disasters,
assess community needs and resources available,
develop well-targeted programmes,
develop the programmes in accordance with well defined strategic
objectives;
recommends that National Societies:
- assess unmet needs and identify priorities in psychological support activities
which can be addressed through existing structures, such as Social Welfare,
Health, Youth or any other relevant programme;
- secure resources to implement such activities, both in terms of funds and
personnel;
CHAPTER II BLOOD TRANSFUSION 1245

- develop preparedness programmes to face daily emergencies and disaster


situations, including adaptation of training programmes and materials;
- increase awareness of basic psychological support among staff, volunteers
and delegates;
- cooperate with national community structures to develop a network of basic
psychological support;
recommends that the International Federation of Red Cross and Red Crescent
Societies:
- give high priority to psychological support issues and strongly advocate the
implementation of psychological support programmes in National Societies;
- develop capacity to be a leader in the field of basic psychological support,
through its Reference Centre, working groups and other dissemination tools;
- assist National Societies to develop such programmes with guidelines,
materials, workshops and other appropriate means;
- secure adequate material and human resources to implement those
programmes;
- develop a network of potential delegates and organize appropriate training;
- strengthen links with UN agencies and other institutions which have
expertise in this area, such as WHO specialized services, NGOs, mental health
professional associations, research institutions, etc.;
urges all components of the International Red Cross and Red Crescent
Movement to:
- consider including psychological support where appropriate in the appeals
for relief and development;
- organize for psychological briefing and debriefing of delegates. (General
Assembly, IXth Session, Birmingham, 1993, Decision 26)

CHAPTER II

BLOOD TRANSFUSION

The Red Cross and blood transfusion


The XXIIIrd International Conference of the Red Cross,
recognizing with satisfaction the significant growth of Red Cross blood transfusion
services in the previous four years,
believing that such blood services increasingly demonstrate the humanitarian
principles inherent in the non-remunerated donation of blood as urged by Resolution
No. XVIII of the XXIInd International Conference, and as endorsed by the 28th World
Health Assembly,
1246 SECTION VI ACTIVITIES IN PEACETIME

taking note of the gratifying actions by other international organizations to affirm


support of programmes for voluntary, non-profit blood donation,
recognizing, in particular, the expertise available to National Societies through the
International Group of Red Cross Blood Transfusion Experts,
desires to amplify its previously expressed request to Governments and National
Societies that they develop national blood services based on voluntary participation
by their people, and accordingly,
adopts the following principles and rules that should govern the provision of
human blood, its components and derivatives based on those elaborated by the
International Group of Red Cross Blood Transfusion Experts:
1. The safe, comprehensive and effective supply of blood, its components and
derivatives is a community responsibility. It depends on the absence of any
financial motive on the part of the donor and of the organizations responsible for
the procedures involved in processing and administration, so that high quality
service is provided at the lowest possible cost to the community. The donor should
be assured that his donation will be given to patients as a service to the public with
no financial gain to any party.
2. The provision of blood and blood products is essentially humanitarian in nature.
All organizations providing these services have this obligation to the communities
that support their operations.
3. Blood transfusion services should be organized on a national basis and should be
regulated by the national health authorities.
4. In order to protect the health of both the donor and recipient, the highest medical
and ethical standards should be observed in the collection, processing and
distribution of blood.
5. Human blood and blood products should be provided to meet world health needs
with maximum efficiency. Minimum waste, optimal quality and adequate
availability are essential characteristics of blood transfusion services. (Bucharest,
1977, Resolution XVI)

Code of ethics for blood donation and transfusion


The XXIVth International Conference of the Red Cross,
recalling the important role played by the Red Cross Societies in national blood
programmes, in particular in the promotion of voluntary, non-remunerated blood
donation,
referring to Resolution 28.72 of the Assembly of the World Health Organization
(Geneva, 1975) on the utilization and supply of human blood and blood products;
to Resolution of the General Assembly of the International Society of Blood
Transfusion (Montreal, 1980) requiring its members to improve the ethical,
CHAPTER II BLOOD TRANSFUSION 1247

medical and technical standards of blood transfusion practice to the best of their
ability in accordance with the Code of ethics of this Society as well as to previous
recommendations adopted by the governing bodies of the International Red Cross,
noting the approval of the Code of ethics of the International Society of Blood
Transfusion by the International Group of Red Cross Blood Transfusion Experts
and by the Second Session of the General Assembly of the League of Red Cross
Societies,
recognizing the necessity of ensuring the best possible protection of blood
donors and recipients,
approves the following Code of ethics of the International Society of Blood
Transfusion and urges all National Red Cross and Red Crescent Societies to
communicate it to their respective health authorities with a view to its application,
and to disseminate it as widely as possible. (Manila, 1981, Decision IV)

Code of ethics for blood donation and transfusion


The object of this Code is to define the principles and rules to be observed in
the field of blood transfusion; these should form the basis of national legislation or
regulations.
I. The Donor
1. Blood donation shall in all circumstances be voluntary; no pressure of any kind
must be brought to bear upon the donor.
2. The donor should be advised of the risks connected with the procedure; the
donors health and safety must be a constant concern.
3. Financial profit must never be a motive either for the donor or for those
responsible for collecting the donation. Voluntary non-remunerated donors
should always be encouraged.
4. Anonymity between donor and recipient must be respected except in special
cases.
5. Blood donation must not entail discrimination of any kind, either of race,
nationality or religion.
6. Blood must be collected under the responsibility of a physician.
7. The frequency of donations and the total volume of the blood collected
according to the sex and weight of the individuals, as well as the upper and
lower age limits for blood donation, should be defined by regulations.
8. Suitable testing of each donor and blood donation must be performed in an
attempt to detect any abnormalities:
a) that would make the donation dangerous for the donor;
1248 SECTION VI ACTIVITIES IN PEACETIME

b) that would be likely to be harmful to the recipient.


9. Donation by plasmapheresis should be the subject of special regulations that
would specify:
a) the nature of additional tests to be carried out on the donor;
b) the maximum volume of plasma to be taken during one session;
c) the minimum time interval between two consecutive sessions;
d) the maximum volume of plasma to be taken in one year.
10. Donations of leukocytes or platelets by cytapheresis should be the subject of
special regulations that specify;
a) the information to be given to the donor about any drugs injected and about
the risks connected with the procedure;
b) the nature of any additional tests to be carried out on the donor;
c) the number of sessions within a given time frame.
11. Deliberate immunization of donors by any foreign antigen with the aim of
obtaining products with a specific diagnostic or therapeutic activity should be
the subject of special regulations that would specify:
a) the information to be given to the donor about the substance injected and
the risks involved;
b) the nature of any additional tests which have to be carried out on the donor.
12. The donor must be protected by adequate insurance against the risks inherent
in the donation of blood, plasma or cells, as well as the risks of immunization.
N.B. The purpose of the special regulations in items 9, 10 and 11 above is to
safeguard the donor. After being told about the nature of the operation and the
risks involved, a statement of informed consent must be signed by the donor.
For donors immunized against red cell antigens, a special card should indicate
the antibodies and specific details as to the appropriate blood to be used in case
the donors need to be transfused.

II. The Recipient


13. The object of transfusion is to ensure for the recipient the most efficient therapy
compatible with maximum safety.
14. Before any transfusion of blood or blood products, a written request, signed by
a physician or issued under his responsibility must be made, which specifies the
identity of the recipient and the nature and quantity of the substances to be
administered.
15. Except for the emergency use of type O blood or red blood cells, every red cell
transfusion necessitates preliminary blood grouping tests on the recipient, and
compatibility tests between the donor and the recipient.
CHAPTER II BLOOD TRANSFUSION 1249

16. Before administration, one must verify that blood and blood products are
correctly identified and that the expiry date has not been passed. The recipients
identity must be verified.
17. The actual transfusion must be given under the responsibility of a physician.
18. In case of a reaction during or after the injection of blood or blood products,
appropriate investigations may be required to ascertain the origin of the
reaction and to prevent its recurrence. A reaction may require the interruption
of the transfusion.
19. Blood and blood products must not be given unless there is a genuine
therapeutic need. There must be no financial motivation on the part of either
the prescriber or of the establishment where the patient is treated.
20. Whatever their financial resources, all patients must be able to benefit from the
administration of human blood or blood products, subject only to their
availability.
21. As far as possible the patient should receive only that particular component
(cells, plasma, or plasma derivatives) that is needed. To transfuse whole blood
into a patient who requires only part of it may deprive other patients of
necessary components, and may carry some additional risks to the recipient.
22. Owing to the human origin of blood and to the limited quantities available, it is
important to safeguard the interests of both recipient and donor by avoiding
abuse or waste.
23. The optimal use of blood and blood products requires regular contact between
the physicians who prescribe and those who work in blood transfusion centres.

III. Controls
24. Appropriate controls should be required by the Health Authorities to verify that
blood transfusion practices meet internationally accepted standards and that
the guidelines or regulations issued in accordance with this code are effectively
respected.
25. The following should be regularly checked:
a) the proficiency of the staff;
b) the adequacy of the equipment and premises;
c) the quality of methods and reagents, source material and finished products.
1250 SECTION VI ACTIVITIES IN PEACETIME

CHAPTER III

NURSING

See also:
Section V, Chap. II B Res. XXVI of the 24th International Conference
(Manila, 1981), p. 1229

Inclusion of the Fundamental Principles of the Red Cross and of the


Geneva Conventions in the training syllabus of doctors and nurses
The Board of Governors,
recommends that the League approach the ICRC and the WHO to explore the
possibility of sending a circular letter to Governments asking them to include in the
training syllabus of doctors and nurses the Fundamental Principles of the Red
Cross and the Geneva Conventions. National Societies should be urged to contact
the appropriate Ministries in their respective countries for the same purpose.
(Board of Governors, XXXIVth Session, Bucharest, 1977, Resolution 8)
CHAPTER IV ENVIRONMENT 1251

CHAPTER IV

ENVIRONMENT

See also:
Section I, Chap. III Res. XXVI (a), of the 25th International Conference
(Geneva, 1986), p. 1029

Environment
The XXIInd International Conference of the Red Cross,
having taken note of the report by the Working Party of the League of Red Cross
Societies concerning the Red Cross and the protection of the human environment and
also of the Resolution on this subject adopted by the Leagues Board of Governors at
its XXXIInd Session,
recognizes that all aspects of environmental protection and improvement
constitute one of the major problems of our time,
declares that the Red Cross is directly concerned by this problem since the physical
and mental health of man is largely conditioned by the quality of the environment,
recommends that at national level Red Cross, Red Crescent and Red Lion and Sun
Societies develop and plan their activities in terms of the protection and improvement
of the environment, in harmony with the plans of government authorities,
emphasizes finally that the struggle against threats to the environment must also
be pursued at the international level,
invites the Red Cross to cooperate at that level in the development of means of
contributing to the protection of the environment. (Teheran, 1973, Resolution XVII)

Environment
The XXIIIrd International Conference of the Red Cross,
recalling that the XXIInd International Conference of the Red Cross (Teheran,
1973) made a declaration in its Resolution No. XVII to the effect that the Red Cross is
directly concerned with the problem of the environment, insofar as the physical and
mental health of man is largely conditioned by his environment,
having noted the report of the League of Red Cross Societies on the Red Cross and
the Protection of the Environment,
recognizing that the majority of the worlds population lives in an unfavourable
environment due to poverty and that its health is exposed to dangers due to lack of
basic health facilities, on the one hand, and to dangers of all types of pollution, on the
other,
noting that both the protection and improvement of environment are in part an
educational problem and that youth is or should be, therefore, not only the most closely
involved, but can also be the best instrument as a means of Red Cross action,
1252 SECTION VI ACTIVITIES IN PEACETIME

recommends that National Societies, in developing their traditional activities,


ensure that future plans include public health and environmental education and
training of personnel wherever these measures have not been taken, or supplement
existing programmes, in close cooperation with governmental and non-governmental
organizations working for the same objectives,
requests the League, through its specialised Commission and its Secretariat,
a) to develop the studies it has already undertaken;
b) to encourage an exchange of experiences between National Societies;
c) to promote close bonds with all those organizations which are concerned with the
environment;
invites governmental and non-governmental organizations to recognize the actual
and potential value of Red Cross volunteers in this respect and to give such volunteers
their full support,
appeals to Governments to intensify their efforts to develop and, where necessary,
to establish national laws on environment,
urges Governments to encourage increased Red Cross participation in local and
national plans aimed at creating an environment permitting improved living
conditions for the benefit of present and future generations. (Bucharest, 1977,
Resolution XXI)

CHAPTER V

YOUTH

Junior Red Cross1


The General Council,
considering that the Junior Red Cross is one of the factors most useful for aiding
in the improvement of health, and in the creation of an international spirit of
human solidarity among young people with the view to the preparation of a new
civilization of peace,
considering, moreover, that it constitutes a most effective instrument for
securing to Red Cross Societies in the future the moral force and popular
membership which alone can make them the powerful organizations which they
should become,
recommends that every National Red Cross Society should endeavour to
organize the enrolment of school children as Junior Members, the conditions of
Junior Membership being adapted in each case to the school system of the country.

1 Heading added by the editor.


CHAPTER V YOUTH 1253

The General Council recognizes the fundamental importance in this matter of


meeting the views of members of the teaching profession, who are the natural
leaders of the movement, and upon whose cooperation its success depends.
It recommends that the Statutes or public announcements of each Junior Red
Cross should include in their statement of its purposes a declaration to the
following effect:
The ... Junior Red Cross is organized for the purpose of inculcating in the
children of its country the ideal of peace and the practice of service, especially in
relation to the care of their own health and that of others, the understanding and
acceptance of civic and human responsibility, and the cultivation and maintenance
of a spirit of friendly helpfulness towards other children in all countries.
The General Council,
endorses the policy pursued by the League Secretariat in promoting the
organization of Junior membership in Red Cross Societies and in maintaining the
international cohesion of the Junior Red Cross movement, and recommends the
continuance and extension of this programme, and that the Secretariat endeavour
to exercise a coordinating influence in regard to national and international
associations of young people. But it desires to tender the advice that, in view of the
differing conditions in the countries concerned, it should be recognized that wide
divergencies of method will be not only necessary but even desirable since every
variety of experiment will have its value.
The General Council requests the League Secretariat to examine the question of
a common emblem, common mottoes, and a common flag for the Junior Red Cross
in all countries. (General Council, IInd Session, Geneva, 1922, Resolution 18)

Red Cross and humanitarian education of youth


The Council of Delegates,
considering the need not only to educate youth in humanitarian principles, but
also to provide them with opportunities to practise these principles in order that
mankind may achieve international understanding and peace,
recognizing that the Red Cross, through the ideals and values inherent in the
Geneva Conventions and through its programmes designed to protect life, is in fact
able to make a definite contribution to humanitarian education,
recognizing the essential role which educators play in this connection and the
facilities which the Red Cross offers,
recommends:
1. that the International Committee of the Red Cross continue to persuade
Governments to use not only their military but also their educational and other
authorities in disseminating the Geneva Conventions among the entire population;
2. that the League of Red Cross Societies, through a continuous evaluation of the
programmes undertaken by National Societies, ensure that the Junior Red
1254 SECTION VI ACTIVITIES IN PEACETIME

Cross is in a position to function in partnership with educational authorities in


this field;
3. that National Societies themselves obtain the advice and assistance of educators
in the preparation of such information media as will emphasize the necessity to
safeguard humanitarian principles at all times and under all conditions.
(Council of Delegates, Centenary Congress, Geneva, 1963, Resolution 20,
Recommendation D of the World Conference of Educators, Lausanne, 1963)

Red Cross and the problems of young people


The XXIst International Conference of the Red Cross,
acknowledging the need to recognize youth as an integral part of a National Red
Cross Society,
considering the necessity for youth to participate in the planning and implementing
of all the activities of a National Society, both national and international,
recognizing the serious problems which face young people at this time, and the
responsibility of the Red Cross to help alleviate the sufferings such problems cause both
to the individual and to the community,
invites all National Societies to take action to include youth in the planning and
implementation of their national and international activities,
urges National Societies to explore ways and means of giving their youth members
specific responsibilities within the framework of the Development Programme,
recommends that the Red Cross draw the attention of the relevant national and
international authorities to the human problems caused by the inability of young
people to find suitable employment in particular relation to their training,
recommends further that the League consider appointing experts to study the
social problems caused by alcoholism and the use of drugs among young people and
to make recommendations for Red Cross action to alleviate the sufferings they cause.
(Istanbul, 1969, Resolution XXX)

Red Cross and youth


The XXIIIrd International Conference of the Red Cross,
having considered the current aspects of Red Cross and of youth,
reaffirms that to educate young people in international understanding,
cooperation and peace, to make them aware of and able to prevent the problems
arising from the many forms of human suffering and to make them responsive to the
need to respect and to promote humanitarian principles everywhere and at all times,
is one of the fundamental responsibilities of the Red Cross,
reaffirms also that to enable youth to participate fully in the activities of the
National Society is a vital need for Red Cross development,
encourages National Societies and the League in collaboration with the ICRC,
CHAPTER V YOUTH 1255

a) to improve leadership training, in order to ensure the greater development of their


Youth Sections;
b) to continue their efforts to motivate the greatest number of young people to become
active members of the Red Cross by providing them with opportunities to
participate fully at all levels of activity and in decision-making;
c) to promote on a larger scale opportunities for their youth groups and leaders to
exchange ideas and experiences, at the international level;
d) and to intensify their educational programmes for children, adolescents and young
adults, whether they attend school or not;
appeals to the appropriate authorities to support the National Societies in this
endeavour. (Bucharest, 1977, Resolution XIX)

Role of youth within the Leagues governing bodies


The Board of Governors,
conscious of the part the younger generation of the Red Cross can play as
members of the Leagues highest decision-making bodies,
hopes that the wish repeatedly expressed by young people to be integrated into
the Leagues supreme organs will be taken into consideration,
recommends to National Societies that when the Leagues highest decision-
making bodies are being elected, the younger generation should be taken into
account in an equitable manner. (Board of Governors, XXXIVth Session,
Bucharest, 1977, Resolution 14)
ANNEXES

Annexes
ANNEXES 1259

ANNEX I

CHRONOLOGICAL LIST OF RESOLUTIONS REPRODUCED IN


PARTS THREE AND FOUR

9th INTERNATIONAL RED CROSS CONFERENCE (WASHINGTON, 1912)


Res. IV Legal protection of privileges
and rights of the Red Cross .............................................1067

MEDICAL CONFERENCE (CANNES, 1919)


Proposals ...........................................................................1055

GENERAL COUNCIL, Ist Session (GENEVA, 1920)


Res. 2 Organization and duties of National Societies..............1057

10th INTERNATIONAL RED CROSS CONFERENCE (GENEVA, 1921)


Res. IX, Relations of Red Cross Societies with
para. 1 d other philanthropic associations and
the League of Nations.......................................................1150
Res. XI Relations between National Societies.............................1068
Res. XIV Civil war ............................................................................1139
Res. XVI, para. 3 International organization of the Red Cross .................1054

GENERAL COUNCIL, IInd Session (GENEVA, 1922)


Res. 6, para. 2 Creation of National Societies in countries
where none exists..............................................................1058
Res. 18 Junior Red Cross...............................................................1252

11th INTERNATIONAL RED CROSS CONFERENCE (GENEVA, 1923)


Res. VI, International relief action for populations
para. 2 b and c in case of public disaster ..................................................1206

12th INTERNATIONAL RED CROSS CONFERENCE (GENEVA, 1925)


Res. IV, para. 2 Customs exemption on gifts intended for refugees ......1150
1260 ANNEXES

16th INTERNATIONAL RED CROSS CONFERENCE (LONDON, 1938)


Res. VII Relations between National Societies.............................1068
Res. XIV Role and activity of the Red Cross
in time of civil war............................................................1141

BOARD OF GOVERNORS, XIXTH SESSION (OXFORD, 1946)


Res. 1 Relations with the United Nations Organization ..........1075
Res. 9 Intervention of the League when two Societies
use the name Red Cross Society......................................1066
Res. 12 Principles.............................................................................721

BOARD OF GOVERNORS, XXth Session (STOCKHOLM, 1948)


Res. 5 Integrity of National Societies ........................................1067
Res. 7 Application of the Principles.............................................723

17th INTERNATIONAL RED CROSS CONFERENCE (STOCKHOLM, 1948)


Res. XII Recognition of National Societies...................................1058
Res. XIII Strengthening of the constitutive organs
of the International Red Cross ........................................1051
Res. XVIII Red Cross relations with the United Nations
and other international organizations ...........................1075
Res. XXVI Work of National Societies on behalf of
enemy prisoners of war and civilian internees..............1142
Res. XXVII Collaboration of National Societies in wartime
Relations between National Societies of friendly
and enemy States ..............................................................1139
Res. XXVIII Collaboration of National Societies in wartime
Possibilities for National Societies of neutral States
to facilitate the relations between National Societies
of belligerent countries ....................................................1139
Res. XXIX Collaboration of National Societies in time of war
Sections of National Societies in a territory occupied
by the opposing belligerent .............................................1066
Res. XXX Relations between National Societies
and the International Committee of the Red Cross......1069
Res. XXXI Legal assistance to aliens .................................................1150
Res. XLI Relations of National Societies with Governments
and national or international organizations
in regard to relief ..............................................................1069
ANNEXES 1261

BOARD OF GOVERNORS, XXIst SESSION (MONTE CARLO, 1950)


- Res. 4, para. 3
of EC 1950 Meaning of the term volunteer ....................................1070
Res. 6 Coordination and standardization
of Red Cross emergency relief.........................................1224

18th INTERNATIONAL RED CROSS CONFERENCE (TORONTO 1952)


Res. X Reaffirmation of the Fundamental
Principles of the Red Cross ...............................................724
Res. XII Cooperation between the National Societies
and the Governments .......................................................1070
Res. XXVI Relief in famine situations...............................................1237

BOARD OF GOVERNORS, XXIIIrd SESSION (OSLO, 1954)


Res. 1 Atomic, chemical and bacteriological weapons.............1030
Res. 10 a Red Cross as an international
disaster relief organization..............................................1224

19th INTERNATIONAL RED CROSS CONFERENCE (NEW DELHI, 1957)


Res. IX Commission for the financing
of the International Committee of the Red Cross.........1076
Res. XIX Relief in the event of internal disturbances ...................1142
Res. XXIII Red Cross relations with governmental authorities
and governmental and non-governmental
organizations in the medico-social field........................1240
Res. XXVII Red Cross voluntary auxiliary personnel ......................1241
Res. XXXV Invitation procedure for Red Cross Conferences..........1052
Res. XXXVI Invitation to Red Cross Conferences ..............................1053

BOARD OF GOVERNORS, XXVth SESSION (ATHENS, 1959)


Res. 16 Observation of strict political neutrality
by National Societies ..........................................................724
Res. 24 Tax exemption for contributions to the Red Cross .......1077

BOARD OF GOVERNORS, XXVIth SESSION (PRAGUE, 1961)


Res. 9 Assistance to National Societies
in realizing the ideals of the Red Cross ..........................1061
1262 ANNEXES

BOARD OF GOVERNORS, XXVIIth SESSION (GENEVA, 1963)


Res. 6 Technical and financial assistance
to National Societies (Development Programme) ........1061

COUNCIL OF DELEGATES CENTENARY CONGRESS (GENEVA, 1963)


Res. 11 Development of first aid training
in National Societies.........................................................1241
Res. 20 Red Cross and humanitarian education of youth .........1253

Res. 24 Contribution of the International Committee


to the elimination of a menace against peace ................1031

20th INTERNATIONAL CONFERENCE OF THE RED CROSS (VIENNA, 1965)


Res. VIII Proclamation of the Fundamental
Principles of the Red Cross ...............................................725
Res. IX Reading of Principles .........................................................726
Res. X The Red Cross as a factor in world peace.......................1000
Res. XV Red Cross / Red Crescent international
radio communication network .......................................1234
Res. XXV Application of the Geneva Conventions
by the United Nations Emergency Forces ......................1083
Res. XXVIII Protection of the civilian population
against the dangers of indiscriminate warfare ..............1126
Res. XXXV Development of National Societies in the fields
of health, social welfare and education ..........................1076

BOARD OF GOVERNORS, XXXth SESSION (ISTANBUL 1969)


Res. 13 Minimal contribution for very small Societies .............1077

21st INTERNATIONAL CONFERENCE OF THE RED CROSS (ISTANBUL, 1969)


Res. XI Protection of prisoners of war ........................................1084
Res. XII War crimes and crimes against humanity .....................1035
Res. XIV Weapons of mass destruction .........................................1031
Res. XX Red Cross, factor of peace in the world ..........................1001
Res. XXI Contacts between National Societies
in cases of armed conflicts...............................................1002
Res. XXIII Air transport in international relief actions..................1224
Res. XXV Preparations to meet natural disasters ..........................1206
ANNEXES 1263

Res. XXVI Declaration of principles for international


humanitarian relief to the civilian population
in disaster situations ........................................................1208
Res. XXX Red Cross and the problems of young people ...............1254
Res. XXXI Organization of health teams..........................................1137

BOARD OF GOVERNORS, XXXIST SESSION (MEXICO, 1971)


Res. 3 Participation of authorized delegations
in the international meetings of the Red Cross.............1053
Res. 7 Admission fees for new League members ......................1077

22nd INTERNATIONAL CONFERENCE OF THE RED CROSS (TEHERAN, 1973)


Res. I Activities of the International Committee
of the Red Cross (ICRC)...................................................1084
Res. V The missing and dead in armed conflicts ......................1143
Res. VI Review of statutes of National Societies.........................1059
Res. VIII Relief actions.....................................................................1207
Res. X Elimination of racial discrimination. Plan of action
against racism and racial discrimination ........................727
Res. XVII Environment .....................................................................1251

COUNCIL OF DELEGATES (GENEVA, 1975)


Res. 2 Action to be taken on the World Red Cross
Conference on Peace.........................................................1003

BOARD OF GOVERNORS, XXXIVth SESSION (BUCHAREST, 1977)


Res. 8 Inclusion of the Fundamental Principles
of the Red Cross and of the Geneva Conventions
in the training syllabus of doctors and nurses ..............1250
Res. 14 Role of youth within the Leagues governing bodies ....1255

COUNCIL OF DELEGATES (BUCHAREST, 1977)


Decision 1 Red Cross and peace.........................................................1004

23rd INTERNATIONAL CONFERENCE OF THE RED CROSS (BUCHAREST, 1977)


Res. I Mission of the Red Cross ...................................................999
Res. IV The Red Cross and famine...............................................1238
Res. V Issue of visas to delegates appointed in connection
with appeals for assistance in time of disaster ..............1225
1264 ANNEXES

Res. VI and Measures to expedite international relief.......................1226


Annex Recommendations: Measures to expedite
international relief............................................................1227
Res. VIII Taking of hostages ............................................................1201
Res. IX Red Cross emergency radiocommunications................1235
Res. XI Misuse of the emblem of the Red Cross ...........................980
Res. XII Weapons of mass destruction .........................................1127
Res. XIV Torture ...............................................................................1201
Res. XVI The Red Cross and blood transfusion............................1245
Res. XIX Red Cross and youth ........................................................1254
Res. XXI Environment .....................................................................1251

24th INTERNATIONAL CONFERENCE OF THE RED CROSS (MANILA, 1981)


Res. I Wearing of identity discs .................................................1143
Res. II Forced or involuntary disappearances ...........................1202
Res. III Application of the Fourth Geneva
Convention of 12 August 1949 ........................................1085
Res. V Anti-piracy efforts............................................................1203
Res. VI Respect for international humanitarian law
and for humanitarian principles
and support for the activities
of the International Committee of the Red Cross.........1086
Res. IX Conventional weapons .....................................................1128
Res. X Dissemination of knowledge of international
humanitarian law and of the Red Cross principles
and ideals...........................................................................1119
Res. XIII Disarmament, weapons of mass destruction
and respect for non-combatants .....................................1032
Res. XIV Torture ...............................................................................1203
Res. XVII Financing of the ICRC by governments .........................1078
Res. XVIII Financing of the ICRC by National Societies ................1078
Res. XIX Role of voluntary service in the Red Cross ....................1071
Res. XX Joint Commission for National Society statutes ...........1059
Res. XXI International Red Cross aid to refugees.........................1151
Res. XXII Cooperation of National Red Cross and
Red Crescent Societies with Governments
in the field of primary health care ..................................1242
Res. XXV Development of National Societies
in the context of national development plans................1062
Res. XXVI The role of medical personnel in the preparation and
execution of Red Cross emergency medical actions .....1229
Decision IV Code of ethics for blood donation and transfusion......1246
ANNEXES 1265

COUNCIL OF DELEGATES (GENEVA, 1983)


Res. 1 Red Cross and disarmament ...........................................1033
Res. 2 Contribution of the Red Cross and Red Crescent
to safeguarding and consolidating true peace...............1022
Res. 5 Use of radiocommunications
by the Red Cross organizations.......................................1235

SECOND WORLD RED CROSS AND RED CRESCENT CONFERENCE ON PEACE


(AALAND STOCKHOLM, 1984)
- Fundamental guidelines for the contribution of the Red Cross
and Red Crescent Movement to a true peace in the world........................1024

25th INTERNATIONAL CONFERENCE OF THE RED CROSS (GENEVA, 1986)


Res. I Respect for international humanitarian law
in armed conflicts and action by the ICRC
for persons protected by the Geneva Conventions........1086
Res. II The Protocols additional to the Geneva Conventions ..1112
Res. V National measures to implement international
humanitarian law .............................................................1113
Res. VI International courses on law applicable
in armed conflicts.............................................................1120
Res. VIII Protection of the civilian population
in armed conflicts.............................................................1087
Res. IX Protection of children in armed conflicts......................1146
Res. X Torture ...............................................................................1203
Res. XI Assistance to victims of torture ......................................1204
Res. XII Assistance to victims of torture ......................................1204
Res. XIII Obtaining and transmitting personal data as a means
of protection and of preventing disappearances...........1144
Res. XIV National Information Bureau (NIB)...............................1138
Res. XV Cooperation between National Red Cross
and Red Crescent Societies and governments
in the reuniting of dispersed families ............................1145
Res. XVI The role of the Central Tracing Agency
and National Societies in tracing activities
and the reuniting of families...........................................1146
Res. XVII The Movement and refugees............................................1152
Res. XVIII Nutrition and food donation policy in Red Cross
and Red Crescent emergency operations .......................1238
Res. XIX Medical supplies in Red Cross and Red Crescent
emergency operations ......................................................1230
1266 ANNEXES

Res. XX Assistance to children in emergency situations ............1236


Res. XXI Disaster relief in case of technical and other disasters.1230
Res. XXIII Red Cross and Red Crescent voluntary
service in todays world....................................................1072
Res. XXIV Financing of the ICRC by National Societies ................1079
Res. XXV Financing of the ICRC by governments .........................1080
Res. XXVI The Red Cross and Red Crescent
development and peace ....................................................1029

COUNCIL OF DELEGATES (RIO DE JANEIRO, 1987)


Res. 4 Information and dissemination of international
humanitarian law as a contribution to peace ................1121
Res. 5 Formal commitment by the Movement to obtain
the full implementation of the Geneva Conventions....1088

GENERAL ASSEMBLY, VIIth SESSION (GENEVA, 1989)


Decision 33 Women in Red Cross/ Red Crescent development ........1062
Decision 34 Aid to refugees ..................................................................1153

COUNCIL OF DELEGATES (GENEVA, 1989)


Res. 2 The International Red Cross and Red Crescent
Movement and human rights. Conclusions and
recommendations of the Group of Experts on
Human Rights ....................................................................1035

GENERAL ASSEMBLY, VIIIth SESSION (BUDAPEST, 1991)


Decision 13 Changes in Scale of Contributions formula ..................1081
Decision 15 Travel assistance procedures ...........................................1081
Decision 21 The Role of Red Cross and Red Crescent
in development .................................................................1063

COUNCIL OF DELEGATES (BUDAPEST, 1991)


Res. 2 Appeal to the governments..............................................1054
Res. 5 Use of the emblem by National Societies .........................980
Res. 8 Dissemination of international humanitarian law
and of the principles and ideals of the Movement ........1122
Res. 9 The International Red Cross and Red Crescent
Movement and refugees ...................................................1155
Res. 10 Women in Red Cross/Red Crescent development .........1065
ANNEXES 1267

Res. 12 Humanitarian assistance


in situations of armed conflict ........................................1089
Res. 13 Protection of the civilian population against
famine in situations of armed conflict ...........................1090
Res. 14 Child soldiers ....................................................................1092
Res. 15 Coordination of non-governmental
disaster relief in time of peace ........................................1232
Res. 16 Harnessing international humanitarian
assistance for disaster reduction.....................................1233
Res. 18 Financing of the ICRC......................................................1081
Res. 19 Report of the joint ICRC/ Federation
Commission on National Society Statutes.....................1060

GENERAL ASSEMBLY, IXth SESSION (BIRMINGHAM, 1993)


Decision 24 Water supply and sanitation in Red Cross and Red
Crescent relief actions and primary health care ...........1243
Decision 26 Psychological support to victims
of disasters and stressful life events................................1244

COUNCIL OF DELEGATES (BIRMINGHAM, 1993)


Res. 2 The International Conference
for the Protection of War Victims...................................1095
Res. 3 Mines .................................................................................1129
Res. 4 Child soldiers ....................................................................1094
Res. 5 Armed protection of humanitarian assistance..............1096
Res. 7 The Movement, refugees and displaced persons ...........1156
Res. 8 Use of the emblem ..............................................................981
Res. 11 Principles of humanitarian assistance ...........................1097

COUNCIL OF DELEGATES (GENEVA, 1995)


Res. 5 Children in armed conflicts ............................................1148
Res. 9 Armed Protection of Humanitarian Assistance..............879
Res. 10 Anti-personnel landmines...............................................1130

26th INTERNATIONAL CONFERENCE OF THE RED CROSS AND RED CRESCENT


(GENEVA, 1995)
Res. 1 International humanitarian law: from law to action
Report on the follow-up to the International
Conference for the Protection of War Victims ..............1113
1268 ANNEXES

Res. 2 Protection of the civilian population


in period of armed conflict .............................................1158
Res. 3 International humanitarian law
applicable to armed conflicts at sea................................1098
Res. 7 Amendment to the Statutes and Rules
of Procedure of the International Red Cross
and Red Crescent Movement .............................................999

COUNCIL OF DELEGATES (SEVILLE, 1997)


Res. 2 The emblem.........................................................................982
Res. 4 National implementation
of international humanitarian law .................................1115
Res. 5 International Criminal Court .........................................1116
Res. 8 Peace, international humanitarian law
and human rights .............................................................1099

COUNCIL OF DELEGATES (GENEVA, 1999)


Res. 2 Emblem................................................................................983
Res. 6 The Movements Policy on Advocacy................................913
Res. 8 Children affected by armed conflict ...............................1149
Res. 9 Street children...................................................................1038
Res. 10 Movement Strategy on Landmines ...................................915
Res. 11 International Criminal Court .........................................1117
Res. 12 Arms availability and the situation of civilians
in armed conflict and post-conflict situations ..............1131

27th INTERNATIONAL CONFERENCE OF THE RED CROSS AND RED CRESCENT


(GENEVA, 1999)
Res.1 Plan of Action for the years 2000-2003...........................1166
Res. 3 Resolution on emblems......................................................983

COUNCIL OF DELEGATES (GENEVA, 2001)


Res. 4 Movement Action in favour
of refugees and internally displaced persons ..................908
Res. 6 Emblem................................................................................984
Res. 8 The United Nations Convention on Certain
Conventional Weapons: Explosive remnants
of war and non-international armed conflicts ..............1132
Res. 9 Involvement of Red Cross and Red Crescent
workers in proceedings related to violations
of International Humanitarian Law ...............................1091
ANNEXES 1269

Res. 11 Protection of cultural property


in the event of armed conflict .........................................1118
Res. 12 Strengthening Humanitarian Values
across Religious Political and Ethnic Lines .....................732

COUNCIL OF DELEGATES (GENEVA, 2003)


Res. 5 Emblem................................................................................985
Res. 4 Biotechnology, weapons and humanity..........................1134
Res. 6 National Red Cross and Red Crescent Societies
as auxiliaries to the public authorities
in the humanitarian field...................................................828
Res. 9 Promote respect for diversity
and fight discrimination and intolerance........................734
Res. 10 and Movement action in favour of refugees and
internally displaced persons and minimum
elements to be included in operational
agreements between movement components
and their operational partners........................................911
Annex Minimum elements to be included
in operational agreements between movement
components and their operational partners .................848
Res. 11 Explosive remnants of war
and the Movement Strategy on Landmines .....................927

28th INTERNATIONAL CONFERENCE OF THE RED CROSS AND RED CRESCENT


(GENEVA, 2003)
Res. 1 Agenda for Humanitarian Action...................................1186
Res. 3 Emblem................................................................................985

COUNCIL OF DELEGATES (SEOUL, 2005)


Res. 1 Customary international humanitarian law..................1105
Res. 2 Weapons and international humanitarian law ..............1134
Res. 3 Promoting respect
for diversity and non-discrimination...............................737
Res. 5 Emblem................................................................................986
Res. 6 Strategy for the International Red Cross
and Red Crescent Movement and annex ..........................884
Res. 7 Guidance Document on Relations
between the Components of the Movement
and Military Bodies and annex.........................................864
1270 ANNEXES

Res. 9 National Societies as auxiliaries to the public


authorities in the humanitarian field...............................835
Res. 10 Movement policy for Corporate
Sector Partnerships and annex .........................................854

29th INTERNATIONAL CONFERENCE OF THE RED CROSS AND RED CRESCENT


(GENEVA, 2006)
Res. 1 Resolution 1 ........................................................................987

COUNCIL OF DELEGATES (GENEVA, 2007)


Res 4 and Restoring Family Links Strategy
(and Implementation Plan) for the International
Red Cross and Red Crescent Movement (2008-2018) .....974
Annex Restoring Family Links Strategy
(and Implementation Plan) for the International
Red Cross and Red Crescent Movement (2008-2018) .....940
Res 5 International migration...................................................1048

30th INTERNATIONAL CONFERENCE OF THE RED CROSS AND RED CRESCENT


(GENEVA, 2007)
Res 1 and Together for humanity ....................................................1040
Annex Declaration: Together for Humanity ..............................1042
Res 2 The specific nature of the International Red Cross
and Red Crescent Movement in action and
partnerships and the role of national Societies as
auxiliaries to the public authorities in the
humanitarian field .............................................................845
Res 3 Reaffirmation and implementation of
international humanitarian law Preserving
human life and dignity in armed conflict ....................1106
Res 4 and Adoption of the Guidelines for the Domestic
Facilitation and Regulation of International
Disaster Relief and Initial Recovery Assistance ...........1209
Annex Guidelines for the Domestic Facilitation and
Regulation of International Disaster Relief and
Initial Recovery Assistance..............................................1213
ANNEXES 1271

ANNEX II

INTERNATIONAL RED CROSS CONFERENCES1

1st International Conference, Paris, 1867


2nd International Conference, Berlin, 1869
3rd International Conference, Geneva, 1884
4th International Conference, Karlsruhe, 1887
5th International Conference, Rome, 1892
6th International Conference, Vienna, 1897
7th International Conference, St. Petersburg, 1902
8th International Conference, London, 1907
9th International Conference, Washington, 1912
10th International Conference, Geneva, 1921
11th International Conference, Geneva, 1923
12th International Conference, Geneva, 1925
13th International Conference, The Hague, 1928
14th International Conference, Brussels, 1930
15th International Conference, Tokyo, 1934
16th International Conference, London, 1938
17th International Conference, Stockholm, 1948
18th International Conference, Toronto, 1952
19th International Conference, New Delhi, 1957
20th International Conference, Vienna, 1965
21st International Conference, Istanbul, 1969
22nd International Conference, Teheran, 1973
23rd International Conference, Bucharest, 1977
24th International Conference, Manila 1981
25th International Conference, Geneva, 1986
26th International Conference of the Red Cross and Red Crescent, Geneva, 1995
27th International Conference of the Red Cross and Red Crescent, Geneva, 1999
28th International Conference of the Red Cross and Red Crescent, Geneva, 2003
29th International Conference of the Red Cross and Red Crescent, Geneva, 2006
30th International Conference of the Red Cross and Red Crescent, Geneva, 2007

1 At the 25th International Conference it was decided that future Conferences would be called
International Conferences of the Red Cross and Red Crescent
1272 ANNEXES

ANNEX III

SESSIONS OF THE GENERAL COUNCIL, THE BOARD OF


GOVERNORS AND THE GENERAL ASSEMBLY OF THE LEAGUE
OF RED CROSS SOCIETIES, LATER INTERNATIONAL
FEDERATION OF RED CROSS AND RED CRESCENT SOCIETIES

I. GENERAL COUNCIL

Ist Session, Geneva, 1920


IInd Session, Geneva, 1922
IIIrd Session, Paris, 1924

II. BOARD OF GOVERNORS

IXth Session, Paris, 1925


Xth Session, Paris, 1927
XIth Session, The Hague, 1928
XIIth Session, Brussels, 1930
XIIIth Session, Paris, 1932
XIVth Session, Tokyo, 1934
XVth Session, Paris, 1935
XVIth Session, Paris, 1936
XVIIth Session, London, 1938
XVIIIth Session, Paris, 1945
XIXth Session, Oxford, 1946
XXth Session, Stockholm, 1948
XXIst Session, Monte Carlo, 1950
XXIInd Session, Toronto, 1952
XXIIIrd Session, Oslo, 1954
XXlVth Session, New Delhi, 1957
XXVth Session, Athens, 1959
XXVIth Session, Prague, 1961
XXVIIth Session, Geneva, 1963
XXVIIIth Session, Vienna, 1965
XXIXth Session, The Hague, 1967
XXXth Session, Istanbul, 1969
ANNEXES 1273

XXXIst Session, Mexico, 1971


XXXIInd Session, Teheran, 1973
XXXIIIrd Session, Geneva, 1975
Extraordinary Session, Geneva, 1976
XXXIVth Session, Bucharest, 1977

III. GENERAL ASSEMBLY

Ist Session, Geneva, 1979


IInd Session, Manila, 1981
IIIrd Session, Geneva, 1983
IVth Session, Geneva, 1985
Vth Session, Geneva, 1986
VIth Session, Rio de Janeiro, 1987
VIIth Session, Geneva, 1989
VIIIth Session, Budapest, 1991
IXth Session, Birmingham, 1993
Xth Session, Geneva, 1995
XIth Session, Seville, 1997
XIIth Session, Geneva, 1999
XIIIth Session, Geneva, 2001
XIVth Session, Geneva, 2003
XVth Session, Seoul, 2005
XVIth Session, Geneva, 2006
XVIIth Session, Geneva, 2007

Note: From 1919 to 1925 the ruling body of the League was the General Council and from 1925 the Board
of Governors. Created in 1919, the Board of Governors had already held eight sessions when it took the place
of the General Council. It was replaced in 1979 by the General Assembly. In 1983 the League became the
League of Red Cross and Red Crescent Societies; its current name was conferred on it by the General
Assembly in 1991.
1274 ANNEXES

ANNEX IV

PRESIDENTS OF THE INTERNATIONAL COMMITTEE OF THE


RED CROSS, CHAIRMEN AND PRESIDENTS OF THE LEAGUE,
LATER INTERNATIONAL FEDERATION OF RED CROSS AND RED
CRESCENT SOCIETIES1 AND CHAIRMEN OF THE STANDING
COMMISSION OF THE RED CROSS AND RED CRESCENT2

INTERNATIONAL COMMITTEE OF THE RED CROSS

Henri Dufour 1863-1864


Gustave Moynier 1864-1910
Gustave Ador 1910-1928 3
Max Huber 1928-1944
Carl Burckhardt 1944-1948 4
Paul Ruegger 1948-1955
Lopold Boissier 1955-1964
Samuel Gonard 1964-1969
Marcel Naville 1969-1973 5
Eric Martin 1973-1976
Alexandre Hay 1976-1987
Cornelio Sommaruga 1987-1999
Dr Jakob Kellenberger 2000-

1 Founded in 1919 under the name League of Red Cross Societies, the institution became the League
of Red Cross and Red Crescent Societies in 1983; it adopted its current name in 1991.
2 With the adoption of the Movements new Statutes by the 25th International Conference (Geneva 1986),
the Standing Commission of the International Red Cross changed its name to Standing Commission of the
Red Cross and Red Crescent.
3 From 1917 to 1920 Mr Edouard Naville acted as President ad interim.
4 On leave from 24 February 1945. From May 1945 to January 1947 Mr Max Huber, and from February
1947 to April 1948 Messrs Martin Bodmer and Ernest Gloor acted as Presidents ad interim.
5 From February to June 1969 Mr Jacques Freymond acted as President ad interim.
ANNEXES 1275

INTERNATIONAL FEDERATION
OF RED CROSS AND RED CRESCENT SOCIETIES1

Henry P. Davison (United States) 1919-1922


Judge John Barton Payne (United States) 1922-1935
Admiral Cary T. Grayson (United States) 1935-1938
Norman Davis (United States) 1938-1944
Dr J. de Muralt (Switzerland) 1944-1945
Basil OConnor (United States) 1945-1950
Judge Emil Sandstrm (Sweden) 1950-1959
John A. MacAulay, Q.C.LL.D. (Canada) 1959-1965
Jos Barroso (Mexico) 1965-1977
Justice A. Adefarasin (Nigeria) 1977-1981
Enrique de la Mata (Spain) 1981-1987
Mario Enrique Villarroel Lander (Venezuela) 1987-1997 2
Dr Astrid N. Heiberg (Norway) 1997-2001
Juan Manuel Surez Del Toro Rivero (Spain) 2001-

STANDING COMMISSION

H.E. Dr P. Nolf (Belgium) 1928-1934


H.H. Prince Tokugawa (Japan) 1934-1938
The Hon. Sir Arthur Stanley (Great Britain) 1938-1946
Count Folke Bernadotte (Sweden) 1946-1948
H.E. Ambassador A. Franois-Poncet (France) 1948-1965
Countess of Limerick (Great Britain) 1965-1973
Sir Geoffrey Newman-Morris (Australia) 1973-1977
Sir Evelyn Shuckburgh (Great Britain) 1977-1981
H.E. Dr Ahmad Abu-Goura (Jordan) 1981-1993
Prince Botho of Sayn-Wittgenstein-Hohenstein (Germany) 1993-1995
H.R.H. Princess Margriet of the Netherlands (Netherlands) 1995-2003
Dr Mohammed Al-Hadid (Jordan) 2003-

1 Founded in 1919 under the name League of Red Cross Societies, the institution became the League
of Red Cross and Red Crescent Societies in 1983; it adopted its current name in 1991.
2 From September to November 1987 Mr Kurt Bolliger (Switzerland) acted as Chairman ad interim.
1276 ANNEXES

ANNEX V

INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT


AND THE NOBEL PEACE PRIZE

1901
HENRY DUNANT, FIRST LAUREATE

1917
INTERNATIONAL COMMITTEE OF THE RED CROSS

1944
INTERNATIONAL COMMITTEE OF THE RED CROSS

1963
INTERNATIONAL COMMITTEE OF THE RED CROSS
LEAGUE OF RED CROSS SOCIETIES 1

1 In 1991 the League became the International Federation of Red Cross and Red Crescent Societies.
ANNEXES 1277

ANNEX VI

LIST OF RECIPIENTS
OF THE HENRY DUNANT MEDAL

THE HENRY DUNANT MEDAL WAS AWARDED:

in 1969, to R. Carson (Swedish Red Cross), posthumously,


Dr D. Hercog (Red Cross of Yugoslavia), posthumously,
Dr F. Janouch (Czechoslovak Red Cross), posthumously,
P. Tacier (ICRC);

in 1971, to K. Durgo (Hungarian Red Cross),


A. Franois-Poncet (French Red Cross),
S. Hashimoto (Japanese Red Cross);

in 1973, to J. McAulay (The Canadian Red Cross Society),


Dr P. Gregoric (Red Cross of Yugoslavia);

in 1975, to I. Domanska (Polish Red Cross),


V. Ferrer Segura (Mexican Red Cross),
Countess of Limerick (The British Red Cross Society),
Prof G. A. Miterev (Alliance of Red Cross and Red Crescent Societies
of the USSR),
P. Boissier (ICRC and the Henry Dunant Institute), posthumously;

in 1977, to Countess Waldersee (German Red Cross in the Federal Republic of


Germany),
Baroness Mallet (French Red Cross),
Duke of Hernani (Spanish Red Cross),
Saing Aung Hlaing Myint (Burmese Red Cross);

in 1979, to G. Aitken (The Canadian Red Cross Society),


Sir Newman-Morris (Australian Red Cross Society),
L. Barry (Irish Red Cross Society),
L. H. vanOveremm-Ziegenhardt (The Netherlands Red Cross),
L. Gaulis (ICRC), posthumously,
A. Tiche (ICRC), posthumously,
A. Bieri (ICRC), posthumously,
C. Chatora (ICRC local employee in Rhodesia-Zimbabwe),
posthumously,
M. D. Estrada-Granizo (Nicaraguan Red Cross), posthumously,
M. A. Flores-Salazar (Nicaraguan Red Cross), posthumously;
1278 ANNEXES

in 1981, to Issa El Khoury (Lebanese Red Cross),


M. Borsinger (ICRC),
I. Reyes-Icabalceta (Nicaraguan Red Cross),
K. Djordjevic (Red Cross of Yugoslavia), posthumously;

in 1983, to M. Bahamonde Ruiz (Chilean Red Cross),


W. Bargatzky (German Red Cross in the Federal Republic of Germany),
H. C. Bennetzen (Danish Red Cross),
J. H. Felix (American Red Cross),
Dr W. Ludwig (German Red Cross of the German Democratic Republic),
Dr Abdul Aziz Mudarris (Saudi Arabian Red Crescent Society),
Dr B. Rudiono (Indonesian Red Cross Society), posthumously;

in 1985, to Olga Milosevic (Red Cross of Yugoslavia),


Tom Willmott Sloper (Brazilian Red Cross);

in 1987, to Marie Jose Burnier (ICRC),


Juan Jos Vega Aguiar (Cuban Red Cross),
H. R. H. Princess Gina of Liechtenstein (Liechtenstein Red Cross),
Enrique de la Mata (League), posthumously,
Hon. M. Justice J. A. Adefarasin (League),
Onni Niskanen (Ethiopian Red Cross Society), posthumously,
Dr Anton Schlgel (German Red Cross in the Federal Republic of
Germany),
Kai Warras (Finnish Red Cross);

in 1989, to G. Elsey (American Red Cross),


Dr A. Fourati (Tunisian Red Crescent),
G. Mencer (Czechoslovak Red Cross),
Dr K. Snidvongs (The Thai Red Cross Society),
L. G. Stubbings (Australian Red Cross),
M. Egabu (The Uganda Red Cross Society), posthumously;

in 1991, to Janos Hantos (Hungarian Red Cross),


Baron C. Krajenhoff (The Netherlands Red Cross),
K. K. Choura (Syrian Arab Red Crescent),
Dr C. A. Vera Martinez (Paraguayan Red Cross),
William Cassis (Federation),
Alexandre Hay (ICRC), posthumously,
Peter Altwegg (ICRC), posthumously,
Walter Berweger (ICRC), posthumously,
M. Osman (ICRC), posthumously,
A. Q. Faquir Yar (ICRC), posthumously,
J. Patong (The Philippine National Red Cross and ICRC), posthumously,
G. Whyte (The New Zealand Red Cross Society), posthumously;
ANNEXES 1279

in 1993, to Dr Ahmad Abu-Goura (Jordanian Red Crescent),


Arthur Brian Hodgson (The British Red Cross Society),
Dr Pedro Jos Manrique Lander (Venezuelan Red Cross),
Abdul Qadar (ICRC local employee in Afghanistan),
Maria Luisa Torres de la Cruz (Chilean Red Cross)
Mohammad Zaboor (ICRC local employee in Afghanistan),
Wim Van Boxelaere (Belgian Red Cross and ICRC), posthumously,
Susanne Buser (ICRC), posthumously,
Jon Karlsson (Icelandic Red Cross and ICRC), posthumously,
Michel Kuhn (ICRC), posthumously,
Sarah Veronica Leomy (ICRC local employee in Sierra Leone),
posthumously,
Kurt Lustenberger (ICRC), posthumously,
Frdric Maurice (ICRC), posthumously,
Dr Jock Sutherland (Federation), posthumously;

in 1995, to Dr Hugo Ernesto Merino Grijalva, (Ecuadorean Red Cross)


Jacqueline Briot, (French Red Cross),
Botho Prinz zu Sayn-Wittgenstein-Hohenstein, (Chairman of the
Standing Commission),
Tunku Tan Sri Mohamed, (Malaysian Red Crescent), posthumously,
Prof Hans Haug, (Swiss Red Cross, Federation and member of the
ICRC), posthumously,
Dr Esmildo Gutierrez Sanchez, (Cuban Red Cross), posthumously;

in 1997, to Vronique Ahouanmenou, (Red Cross of Benin),


Enzo Boletti, (founder of the International Red Cross Museum in
Solferino, in 1959),
Dr Ahmed El Sherif, (Libyan Red Crescent), posthumously,
Fernanda Calado, (Spanish Red Cross), posthumously,
Hans Elkerbout, (Netherlands Red Cross), posthumously,
Nancy Malloy, (The Canadian Red Cross Society), posthumously,
Ingebjorg Foss, (Norwegian Red Cross), posthumously,
Gunnhild Myklebust, (Norwegian Red Cross), posthumously,
Sheryl Thayer, (New Zealand Red Cross), posthumously,
Cdric Martin, (ICRC), posthumously,
Reto Neuenschwander, (ICRC), posthumously,
Juan Ruffino, (ICRC), posthumously,
Herculano Tchipindi, (Angola Red Cross and Federation)
posthumously,
Luiji Apata, (The Uganda Red Cross Society and Federation),
posthumously,
Amin Booyi Andama, (The Uganda Red Cross Society and
Federation), posthumously,
1280 ANNEXES

Aim Amuli, (Red Cross Society of the Democratic Republic of the


Congo and Federation), posthumously,
Dieudonn Budogo, (Red Cross Society of the Democratic Republic
of the Congo and Federation), posthumously,
Djuma Sebasore, (Red Cross Society of the Democratic Republic of
the Congo and Federation), posthumously,
Bahozi Kabaka, (Red Cross Society of the Democratic Republic of
the Congo and Federation), posthumously,
Ilunfa Sebastien, (Red Cross Society of the Democratic Republic of
the Congo and Federation), posthumously,
Mafuta Nzangamya, (Red Cross Society of the Democratic Republic
of the Congo and Federation), posthumously,
Dogratias Kitungano Bisahi, (ICRC), posthumously,
Bernard Umba Kanonge, (ICRC), posthumously,
Chin Chun, (ICRC), posthumously;

in 1999, to Ute Sthrwoldt, (German Red Cross),


Dr Byron R.M. Hove, (Zimbabwe Red Cross Society), posthumously,
Donald Tansley, (The Canadian International Development Agency
and The Canadian Red Cross Society),
Dr Guillermo Rueda Montaa, (Colombian Red Cross),
posthumously;

in 2001, to Phlech Phiroun, (Cambodian Red Cross Society),


Roger Durand, (founder of the Henry Dunant Society):

in 2003, to Andr Durand, (ICRC),


Prof Frits Kalshoven, (The Netherlands Red Cross),
Noreen Minogue, (Australian Red Cross),
Monique Basque, (Red Cross Society of Cte dIvoire);

in 2005, to Colonel Dr Mekonnen Muluneh, (Ethiopian Red Cross Society),


Bjrn Egge, (Norwegian Red Cross),
Christina Magnuson, (Swedish Red Cross),
Dr Jean Pictet, (ICRC), posthumously,
Volunteers and staff of the National Societies of the four countries
most severely affected by the tsunami of 26 December 2004: India,
Indonesia, Sri Lanka, Thailand.

in 2007, to Hon. James Joseph Carlton (Australian Red Cross),


Josiane Gabel (French Red Cross),
Christoph Hensch (ICRC),
Alexander Dumba Ika (ICRC)
Fundamental rules
of international humanitarian law
applicable in armed conflicts 1

1 Persons hors de combat and those who do not take a direct part in hostilities are
entitled to respect for their lives and physical and moral integrity. They shall in all
circumstances be protected and treated humanely without any adverse distinction.
2 It is forbidden to kill or injure an enemy who surrenders or who is hors de
combat.
3 The wounded and sick shall be collected and cared for by the party to the
conflict which has them in its power. Protection also covers medical personnel,
establishments, transports and matriel. The emblems of the red cross, red crescent
and red crystal are the signs of such protection and must be respected.
4 Captured combatants and civilians under the authority of an adverse party are
entitled to respect for their lives, dignity, personal rights and convictions. They
shall be protected against all acts of violence and reprisals. They shall have the right
to correspond with their families and to receive relief.
5 Everyone shall be entitled to benefit from fundamental judicial guarantees. No
one shall be held responsible for an act he has not committed. No one shall be
subjected to physical or mental torture, corporal punishment or cruel or degrading
treatment.
6 Parties to a conflict and members of their armed forces do not have an
unlimited choice of methods and means of warfare. It is prohibited to employ
weapons or methods of warfare of a nature to cause unnecessary losses or excessive
suffering.
7 Parties to a conflict shall at all times distinguish between the civilian
population and combatants in order to spare civilian population and property.
Neither the civilian population as such nor civilian persons shall be the object of
attack. Attacks shall be directed solely against military objectives.

1 This text is not vested with the authority of an international legal instrument but it summarizes the
fundamental rules of international humanitarian law applicable in armed conflicts. Its sole purpose is to
facilitate their dissemination.
This Handbook comprises:
the main Conventions and other texts of international
humanitarian law;
the Statutes and Regulations which govern the work of the
components of the Movement;
the main policies which guide the work of the components of the
Movement;
a wide selection of the main resolutions covering all the sectors
of Red Cross and Red Crescent activity;
ten pages of insets devoted to the 1864 Geneva Convention, the
development of international humanitarian law, and the
Movement, its components and its statutory bodies.

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