Icrc 002 0962
Icrc 002 0962
Icrc 002 0962
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.
INTERNATIONAL FEDERATION OF
RED CROSS AND RED CRESCENT SOCIETIES
Handbook
of the International Red Cross
and Red Crescent Movement
Main policies of the International Red Cross and Red Crescent Movement
FOURTEENTH EDITION
GENEVA, 2008
This Handbook is published in English, French and Spanish. It can be obtained
from the following institutions:
ISBN: 978-2-940396-01-6
Foreword ............................................................................................. 17
PART ONE
PART TWO
PART THREE
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
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
PART FOUR
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
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.
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
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
1 The marginal notes or titles of articles have been drafted by the Swiss Federal
Department of Foreign Affairs.
WOUNDED AND SICK 37
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.
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.
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
CHAPTER II
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
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
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
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
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
CHAPTER IV
Personnel
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
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 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. 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
CHAPTER VII
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.
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
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
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
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.
CHAPTER IX
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.
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. 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.
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.
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.
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.
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.
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. 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. 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
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
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
1 The marginal notes or titles of articles have been drafted by the Swiss Federal
Department of Foreign Affairs.
WOUNDED, SICK AND SHIPWRECKED 65
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.
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
CHAPTER II
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
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.
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.
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
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.
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.
CHAPTER IV
Personnel
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
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
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. 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
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
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.
CHAPTER VIII
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
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.
Final Provisions
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. 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. 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
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.
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
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
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
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
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
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
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. 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
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
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
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
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.
SECTION II
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.
CHAPTER II
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.
CHAPTER III
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
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
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
CHAPTER V
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. 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
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.
CHAPTER VII
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.
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
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. 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
SECTION III
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.
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
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.
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
SECTION IV
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
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.
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.
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
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
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. 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
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
CHAPTER I
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
CHAPTER II
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
CHAPTER III
I. General Provisions
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.
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.
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
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.
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.
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.
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.
PART IV
TERMINATION OF CAPTIVITY
SECTION I
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.
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.
SECTION II
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
SECTION III
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
PART V
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
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
SECTION I
GENERAL PROVISIONS
SECTION II
FINAL PROVISIONS
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.
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. 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.
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.
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
* 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
REGULATIONS CONCERNING
MIXED MEDICAL COMMISSIONS
(see Article 112)
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. 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. 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. 14. Mixed Medical Commissions shall function permanently and shall
visit each camp at intervals of not more than six months.
ANNEX III
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. 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)
(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
Name ..................................................................................
First names..........................................................................
Date and place of birth.......................................................
Accompanies the Armed Forces as ....................................
................................................... ...................................................
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
IMPORTANT
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
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
................................................................................................................................
................................................................................................................................
................................................................................................................................
................................................................................................................................
................................................................................................................................
................................................................................................................................
................................................................................................................................
................................................................................................................................
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.
......................................................................................................................................
Postage free
To .................................................................................................................................
......................................................................................................................................
Place ............................................................................................
Street ............................................................................................
Country ............................................................................................
......................................................................................................................................
Sender:
******
......................................................................................................................................
ANNEX IV
D. NOTIFICATION OF DEATH
(See Article 120)
(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:
Chairman of the
Mixed Medical Commission:
A = direct repatriation
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
CHAPTER XI DEATHS
Article 129 Wills. Death certificates ............................................................. 214
Article 130 Burial. Cremation....................................................................... 214
Article 131 Internees killed or injured in special circumstances................. 215
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
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
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
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.
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.
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
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
PART II
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
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.
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.
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
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
PART III
SECTION I
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. 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.
SECTION II
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.
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.
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. 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
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.
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
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.
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.
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. 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
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
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.
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.
SECTION IV
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.
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.
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
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.
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 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
CHAPTER IV
CHAPTER V
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.
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
CHAPTER VI
CHAPTER VII
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
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.
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.
CHAPTER VIII
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.
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
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.
CHAPTER IX
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
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.
CHAPTER X
Transfers of Internees
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
CHAPTER XII
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
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
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
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.
SECTION II
FINAL PROVISIONS
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.
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.
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. 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.
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. 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
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
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
POST CARD
IMPORTANT
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:
POST CARD
To
Street and number
Surname and first names
Date and place of birth
Province or Department
Country (in block capitals)
Sender:
2. Reverse side
Date:
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................................................................................................................................
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
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
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
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
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
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 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
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
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,
PART I
GENERAL PROVISIONS
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
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 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
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.
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.
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
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
SECTION II
MEDICAL TRANSPORTATION
concerned and shall instruct those units regarding the means of identification
that will be used by the medical aircraft in question.
SECTION III
PART III
SECTION I
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 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.
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.
SECTION II
those Conventions if they are wounded or sick or, in the case of the Second
Convention, shipwrecked at sea or in other waters.
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
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
CHAPTER I
CHAPTER II
CHAPTER III
CIVILIAN OBJECTS
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
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.
CHAPTER V
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.
CHAPTER VI
CIVIL DEFENCE
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 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 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
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
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.
SECTION III
TREATMENT OF PERSONS
IN THE POWER OF A PARTY TO THE CONFLICT
CHAPTER I
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
CHAPTER III
JOURNALISTS
PART V
SECTION I
GENERAL PROVISIONS
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
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.
SECTION II
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 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.
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.
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.
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 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.
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
......
CHAPTER II
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.
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.
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.
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.
CHAPTER V
CIVIL DEFENCE
......
Fig. 3: Model of identity card for civil defence personnel (format: 74 mm x 105 mm)
thumbprint or both
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
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
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
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
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,
PART I
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
PART III
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.
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.
PART IV
CIVILIAN POPULATION
for the production of foodstuffs, crops, livestock, drinking water installations and
supplies and irrigation works.
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 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.
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
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
(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,
(PP9) Recognizing the difficulties that certain States and National Societies may
have with the use of the existing distinctive emblems,
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.
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 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
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.
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
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;
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
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.
(Declaration 3)
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
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;
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.
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)
SECTION I
BELLIGERENTS
CHAPTER I
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. 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. 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. 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
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
ART. 22. The right of belligerents to adopt means of injuring the enemy is not
unlimited.
ART. 24. Ruses of war and the employment of measures necessary for obtaining
information about the enemy and the country are considered permissible.
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.
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. 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
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. 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. 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. 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. 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.
(Convention No. V)
CHAPTER II
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. 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
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
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
CHAPTER I
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
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
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
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
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
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
ARTICLE 20
Regulations for the Execution of the Convention
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
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
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
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
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
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
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 ..............................................................
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
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
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
CHAPTER 2
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
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
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
CHAPTER 4
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
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
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
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
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
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
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
CHAPTER 8
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
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
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
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
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.
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
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
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 I)
(PROTOCOL II )
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
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
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
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
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
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
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.
[1]
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 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 V)
28 November 2003
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
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
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
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
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
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
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
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
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
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
PART 1
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
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
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
PART 3
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
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
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
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
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
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
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
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;
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
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.
STATUTES
OF THE INTERNATIONAL RED CROSS
AND RED CRESCENT MOVEMENT
Preamble............................................................................................................ 519
SECTION I
GENERAL PROVISIONS
Article 1 Definition ................................................................................... 520
Article 2 States Parties to the Geneva Conventions ................................. 521
SECTION II
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
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
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)
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.
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
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.
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.
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
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
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
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.
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.
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
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
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
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
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
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
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
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
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
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
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.
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
ELECTION COMMITTEE
ARTICLE 32
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
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
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
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.
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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.
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
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
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
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.
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
black
white
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
60mm
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
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.
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.
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.
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
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.
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.
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.
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.
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
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.
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.
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
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
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
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.
5.3.3 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.
5.5 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.
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
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
7.2 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
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
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
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
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
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.
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).
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
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
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
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.
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
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].
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.
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.
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
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 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
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
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
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.
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
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
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.
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
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.
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).
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
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.
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.
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.
DISASTER PREPAREDNESS
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.
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
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.
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
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
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.
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.
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
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
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.
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
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
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
Policies
SECTION I
Principles
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
II
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
IV
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
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.
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.
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
II
Annex to Resolution 12
*****
III
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
IV
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
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.
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
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
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
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.
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
Decisions - Resolutions -
General Assembly, International
Federation National Society Conference
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).
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
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
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
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.
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
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.
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
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.
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.
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.
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
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
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
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
....................................... ..................................
Full name Signature
ORGANIZATION OF NATIONAL SOCIETIES 789
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
III
(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
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
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
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
[...]
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.
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;
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
Strategic direction
Well-functioning National Societies that can mobilize support and carry out their
humanitarian mission, contributing to the building of civil society.
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.
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
Strategic directions
Communicating
and implementing
Context: Expected results
Learning from
the Nineties
and assessment
of external context
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
CHAPTER II
I
NATIONAL RED CROSS AND RED CRESCENT SOCIETIES
AS AUXILIARIES TO THE PUBLIC AUTHORITIES IN THE
HUMANITARIAN FIELD
II
NATIONAL RED CROSS AND RED CRESCENT SOCIETIES
AS AUXILIARIES TO THE PUBLIC AUTHORITIES IN THE
HUMANITARIAN FIELD
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.
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
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
III
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
IV
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
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
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
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
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
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.
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).
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.
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
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
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.
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
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
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
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
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
III
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
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
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
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
IV
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
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
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.
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
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
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 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
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
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
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
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
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
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
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.
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
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
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.
IV
VI
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.
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;
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
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;
refugees and displaced people have been deprived of the possibility of return.
STRATEGIES AND PLAN OF ACTION 921
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.).
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;
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;
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;
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
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
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.
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
ACTION PROPOSED
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
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
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
ACTION PROPOSED
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
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.
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
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
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.
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
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
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.
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
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
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
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.
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.
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.
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.
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
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
Resolutions
SECTION I
CHAPTER I
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
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)
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;
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
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)
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
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
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.
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
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.
CHAPTER I
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
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
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
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
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.
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.].
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
* 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
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
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)
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)
1 See below.
CHAPTER III THE MOVEMENT,
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.
CHAPTER III THE MOVEMENT,
PROMOTION OF NON-DISCRIMINATION AND PEACE 1007
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
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.
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
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.
CHAPTER III THE MOVEMENT,
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.
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
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.
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.
INTERPRETATIVE TEXTS
adopted by the Council of Delegates (Bucharest, 1977)
Section 1 Solidarity
A. Relief
Section 2 Solidarity
B. Development
Section 3 Solidarity
D. Youth
Section 4 Protection
Principles Humanitarian law
Contribution of the Red Cross to the development of international
humanitarian law.
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.
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
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.
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.
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.
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
CHAPTER IV
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)
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
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
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
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
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 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.
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
International Migration
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
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
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)
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)
CHAPTER II
See also:
Part Two
Doc. I Statutes of the Movement, Art. 5
Doc. IV Statutes of the International Committee of the Red Cross
CHAPTER III
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.
CHAPTER IV
NATIONAL SOCIETIES
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)
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)
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)
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
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
C. Protection of integrity
See also:
Part Three
Section III
Chapter I, Doc. V Policy on the protection of integrity of National Societies
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
E. Voluntary service
See also:
Part Four
Section VI, Chap. I Res. XXVII of the 19th International Conference (New
Delhi, 1957) p. 1240
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
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
CHAPTER VI
FINANCING
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)
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)
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
CHAPTER I
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
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)
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)
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
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
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)
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)
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)
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)
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)
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
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
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:
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;
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;
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
CHAPTER III
CHAPTER IV
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
See also:
Section I, Chap. IV The Movement and Peace
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)
1 See below.
CHAPTER IV DISSEMINATION OF IHL 1123
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
CHAPTER V
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
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)
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
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
See also:
Part Four
Section III, Chap. I Res. 8 of the Council of Delegates (Seville, 1997), p. 1099
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
CHAPTER I
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
CHAPTER II
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
CHAPTER III
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)
CHAPTER IV
4. notes that the International Committee of the Red Cross is prepared to provide
models to States asking for them. (Manila, 1981, Resolution 1)
C. Dispersed families
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)
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
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
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)
1 See pp 906 and 907 (Part Three, Section IV, Doc. II).
1152 SECTION IV ACTIVITIES DURING ARMED CONFLICTS
2 See pp 906 and 907 (Part Three, Section IV, Doc. II).
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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)
CHAPTER IV
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
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;
(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
(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;
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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ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1167
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
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
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1171
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
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;
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ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1173
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.
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
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.
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
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1177
(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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ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1179
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)
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).
CHAPTER IV
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
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.
CHAPTER IV
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.
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.
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.
CHAPTER IV
ASSISTANCE AND PROTECTION FOR CONFLICT VICTIMS 1191
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.
CHAPTER IV
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.
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
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
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
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
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)
CHAPTER I
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
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
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
Annex to Resolution 4
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
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
B. General organization
See also:
Chap. I above Res. VIII, para. 2, of the 22nd International Conference
(Teheran, 1973), p. 1207
ANNEX
RECOMMENDATIONS
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)
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)
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)
C. Technical provisions
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
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
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
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)
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)
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
CHAPTER II
BLOOD TRANSFUSION
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)
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
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
CHAPTER V
YOUTH
Annexes
ANNEXES 1259
ANNEX I
ANNEX II
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
I. GENERAL COUNCIL
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
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
STANDING COMMISSION
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
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
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.
1202 Geneva,
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