This work is a descriptive, applied research, with qualitative materials and information of a socio-legal nature, with which it is intended to know, demonstrate, assess the usefulness of the emblems in real situations that have been presented to International Humanitarian Law.
Scientific questions are also asked that help research and development, reaching several final conclusions on the subject in relation to the emblems; which is of vital importance within armed conflicts and in general; that on some occasions their use has been violated, this being contradictory for those that were created within International Humanitarian Law.
Introduction
With the creation of the human species and the life of man in Society, war has existed as a phenomenon of its own, being considered the denial par excellence of life. The great suffering that armed conflicts cause, it became necessary to use protective emblems designed to protect people, buildings, means of transport, cultural property, especially the most vulnerable categories; Through rules that the parties to the conflict must respect in the conduct of hostilities and that constitute a last resort of rationality.
This is how emblems arise within international humanitarian law (IHL), such as that set of international rules, of customary or conventional origin, which aim to protect people and their property affected by internal or international armed conflicts. The provisions of international humanitarian law determine which persons and institutions are entitled to use the emblems of the red cross and the red crescent up to the red crystal as an additional emblem and under what conditions they are allowed to do so and the measures that can be taken to sanction the misuse of emblems.
Development
How do the emblems arise within International Humanitarian Law?
To understand that emblems are their function, and what role they play within International Humanitarian Law, it is necessary to establish some concepts and their origins.
Emblem:
- Hieroglyph or insignia bearing an explicit legend of its meaning. Figure or object that is a symbolic representation of a thing. Distinctive, symbol whose meaning has crystallized through its use and later has become a daily language.
Origin of the emblems
There is no doubt that Henry Dunant and the other four founders of the International Red Cross deserve to be immediately aware of the need for a single international emblem, easily recognizable and widely known. His idea was that the emblem should protect not only those wounded on the battlefields, but also those who render aid. "The entire health unit will also be protected, even if it is the enemy."
In 1863, the International Conference adopted the red cross on a white background as a distinctive sign of relief societies for soldiers wounded on the battlefield (future National Societies).
In 1864, the Diplomatic Conference recognized the red cross as a distinctive sign of the medical services of the armies, and International Humanitarian Law confirmed it through the approval of the Geneva Convention of 1864.
In homage to Switzerland, the heraldic sign of the red cross on a white background, formed by inversion of the federal colors, is the explanation taken from Article 38 of the I Geneva Convention of 1949 which was given a posteriori; although there is no certainty as to what led to the adoption of the red cross on a white background as an emblem.
In 1876, during the so-called war of the East, which raged in the Balkans, the Ottoman Empire decided to use the red crescent on a white background instead of the red cross. The reason invoked: the sign of the cross "clashes with the susceptibilities of Muslim soldiers." In 1929, the Diplomatic Conference recognized two other emblems as distinctive signs of health establishments and formations: the red crescent and the red lion and sun, the latter used by Iran. In 1980, the Islamic Republic of Iran gave up using the red lion and sun to adopt the red crescent.
In December 2005, a new emblem was created, the Red Crystal, which comes into force as of January 14, 2007 as an addition to Protocol III of Geneva it was added to the Red Cross and the Red Crescent.
The principles and values of the international red cross and red crescent movement
In 1965 at the XX International Conference of the Red Cross where the 7 fundamental principles that govern today are proclaimed.
The principles are:
- HumanityImpartialityNeutralityIndependenceVoluntary characterUnityUniversality
The first four represent and summarize the ideals and are their reason for being and the others are of institutional application.
Humanity
The international movement of the Red Cross and Red Crescent, which has given rise to the concern to provide aid, without discrimination, to all those wounded on the battlefields, strives, under its international and national aspect, to prevent and alleviate the suffering of men in all circumstances. It tends to protect life and health, as well as to enforce respect for the human person. It favors mutual understanding, friendship, cooperation, and lasting peace among all peoples.
This principle is essential: because it goes to the very nature of the institution of the Red Cross Help the Human Being.
The mention included in this principle of helping the wounded on the battlefield, reminds us of the genesis of our movement: The Battle of Solferino, so in its beginnings and for many years the mission of the Red Cross was to assist the wounded in war.
In the rest of the statement, the evolution of the action of the movement itself appears, since when expressing preventing and alleviating man's suffering in all circumstances, not only the response to suffering is proposed, but also the previous action to avoid or reduce it.
Likewise, the expression of in all circumstances, goes beyond the initial limits of the battlefield or war so to speak and expresses what today is our field of action, war, natural or technological disasters, crisis situations, health programs and any other circumstance for which the human being suffers.
We provide relief when we deliver food, medicine, when we deliver water and clothing, when we provide roofs, when we give psychological support to the affected person, when we reunite dispersed families and countless other actions that try to respond to the suffering human being to the best of our ability.
One of the supreme objectives, protection, is summarized in the element of promising life and health. Finally, by enunciating this principle of humanity, respect the human person, we are referring to dignity in all circumstances and all aspects that the person contains.
Today it is more important than ever to keep in mind the respect of each man, in his beliefs, in his physical and moral integrity, not carrying out degrading or discriminatory acts towards those who may be different or find themselves in disadvantaged situations.
The final declaration indicates that the Red Cross favors mutual understanding friendship cooperation and peace refers to the interest of the movement in achieving peace through respect for freedom, independence, sovereignty, equality, respect for rights to the equitable distribution of resources and the attention to the needs of the peoples.
Impartiality:
It means treating everyone equally without distinguishing, without discriminating. It is to provide aid to all in a similar way, taking into account only need and urgency.
Neutrality:
Its fundamental reason is to preserve the trust of all by refraining from taking part in hostilities at all times as well as in rational political, religious, ideological or other types of contravention that implies taking a position in favor of one of the parties.
It is on the basis of this neutrality that the international Cruz movement does not formulate complaints or opinions for or against, so that it can be understood that it is affiliated with a side, party, belief or other issue. Neutrality is a principle that must be respected by the members of the Red Cross during their performance as part of the institution without the individual being able or not to have political or other religious affiliation.
Independence:
Whose meaning results from the possibility of exercising its action according to the principles of the movement independently, although it is recognized that it is auxiliary to the public powers and that it must comply with and respect national laws, its autonomy must allow National Societies to act according to the principles of movement.
The other principles of volunteering, Unity and Universality correspond to the internal development of the institution. The voluntary character is expressed in the voluntary admission to the institution animated only by the spirit of humanity in the service, towards those in need of assistance, work that is carried out according to the fundamental principles. Unity means that in each country there can only be one national society guaranteeing unity of action.
Universality:
The Red Cross is a universal institution, offering its assistance to all beings on earth without limits or borders. This principle also establishes that in the movement all National Societies have the same rights and the duty to help each other. Description of each of the emblems:
The Red Cross: It is distinguished by a white flag and the red cross in its center.
Red Shield of David: which identifies the Magen David Adom, the humanitarian society in Israel.
Three emblems are mentioned in the 1949 Geneva Conventions: the red cross, the red crescent and the red lion and sun. But only the first two are used since 1980 by the Movement1 as emblems of the National Societies.
Several articles of the 1949 Geneva Conventions and their Additional Protocols deal with the emblem. Among other things, the use, size, purpose, supports of the emblem, the person and property protected, its users, their respect and the repression of abuse as regards the sign are determined.
The use of the emblem as a protective sign is the visible manifestation of the protection that in the Geneva Conventions is conferred on people, medical units and means of transport.
The use of the emblem as a distinctive sign, both in peacetime and in wartime, shows that a person or property has a link with the International Red Cross and Red Crescent Movement.
The International Committee of the Red Cross has the right at all times to use the emblem as a protective sign and as a distinctive sign. In times of armed conflict, the emblem may only be used as a protective sign:
- The health services of the armed forces; The National Societies of the Red Cross and Red Crescent.
That they are duly recognized and authorized by the respective government to provide assistance to the health services of the armed forces. Said Societies may make use of the emblem for protective purposes only in favor of the personnel and material that assist the official health service in wartime, and provided that such personnel and such material perform the same functions, and only those, and that are subject to military laws and regulations; civil hospitals and other health units recognized as such by the Government and authorized to display the emblem for protective purposes (first aid posts, ambulances…); other voluntary relief societies, under the same conditions as National Societies - recognition and authorization from the Government,an International Red Cross Movement and this only for personnel and material assigned exclusively to health services and subject to military laws and regulations. International humanitarian law also stipulates that each State Party to the Geneva Conventions has the obligation to take appropriate measures to prevent and repress, both in times of war and peace, abuses concerning the emblem. Each State, in particular, shall enact a law on the protection of the emblem.It has the obligation to take the appropriate measures to prevent and suppress, both in times of war and peace, abuses concerning the emblem. Each State, in particular, shall enact a law on the protection of the emblem.It has the obligation to take the appropriate measures to prevent and suppress, both in times of war and peace, abuses concerning the emblem. Each State, in particular, shall enact a law on the protection of the emblem.
How to use the emblem as a protective sign with the personnel and property entitled to it in time of war
The red cross on a white background is the distinctive sign of the services and of the medical and religious personnel, as well as of the international organizations of the Red Cross.
People and property, civilian or military, under the protection of that emblem, will be respected and protected in all circumstances and in no case will be the object of attack. The red cross is the original emblem and distinctive sign of the Army Health Service. National Red Cross Societies can make health personnel available to you.
With the consent of the State, hospitals, personnel and medical supplies, civilians, as well as health areas and localities, destined only for the wounded and the sick, may be marked with the sign of the red cross.
These zones can be foreseen or designated already in time of peace or during the fighting, in order to protect the wounded, sick and disabled people from the effects of war, as well as the elderly and children under fifteen years of age, pregnant women and mothers of children under seven years of age. They will be delimited with their special emblem, oblique red bands on a white background, drawn on flat surfaces, in flags or painted on the available surfaces or roofs of the buildings. The zone can only occupy a small part of the national territory.
If the area is reserved exclusively for injured and sick people, it may be marked with red crosses on a white background. Unauthorized persons should not have access to the area. The military must not pass through the area or defend it militarily.
The medical units and means of transport may use, in addition to the distinctive sign, distinctive signs provided for in the Regulation on Identification (Annex I to Protocol I).
Emblem Abuses
Any use that is not expressly authorized in international humanitarian law is an abuse as far as the emblem is concerned. Three types of abuse are distinguished:
- imitation: which consists of using a sign that can be confused, due to its shape and / or color, with the emblem. encroachment: which takes place when unauthorized entities or persons use the emblem, (commercial companies, pharmaceuticals,
private media, organizations non-governmental, private, etc.); Likewise, there is usurpation when the persons normally authorized to make use of the emblem do not use it in accordance with the norms of the Conventions and Protocols. Perfidia: which consists of using the emblem, in times of conflict to protect combatants or military material.
The perfidious use of the emblem may constitute a “serious violation” of international humanitarian law, that is, a war crime.
The abuse of the emblem as a protective sign in time of war endangers the protection system established in international humanitarian law.
Abuse of the emblem as a distinctive sign tarnishes its image in the public mind and thus reduces its ability to protect in time of war.
The States Parties to the Geneva Conventions have undertaken to adopt the penal provisions that make it possible to prevent and repress abuse of the emblem, both in peacetime and in wartime.
Sanitary Transport
The term "medical transport" as defined in the Geneva Conventions of 1949 and in the Additional Protocols, refers to any means of transport by land, by water or air, military or civil, permanent or temporary, intended exclusively for medical transport. and controlled by a competent authority of a party to a conflict or of the Neutral States or of other States that are not parties to the armed conflict, when those ships, vessels and aircraft assist the wounded, sick and shipwrecked.
Medical units and means of transport may use all the distinctive signs mentioned in Chapter III of Annex I to Additional Protocol I. That is, the distinctive protection sign, red cross on a white background, light signal, radio signal, identification by electronic means, radiocommunications, use of international codes and other means of communication These signals, which are at the exclusive disposal of medical units and means of transport, should not be used for other purposes, subject to the light signal that will not be prohibited use by other vehicles, ships and boats, when there is no special agreement between the Parties to the conflict that reserves the use of the blue light with flashes for the identification of medical vehicles, ships and boats.Temporary medical aircraft, which either due to lack of time or due to their characteristics, cannot be marked with the distinctive sign, may use the distinctive signs authorized by the aforementioned Chapter III of Annex I of Additional Protocol I.
Health and religious personnel
Health personnel dedicated exclusively to searching, collecting, transporting or assisting the wounded and sick or preventing diseases, and personnel exclusively dedicated to the administration of health units and establishments, as well as as chaplains attached to the military, they will be respected and protected in all circumstances.
This personnel is equated with that of the National Red Cross Societies and other voluntary relief societies, duly recognized and authorized by their government, who perform the same tasks as the aforementioned personnel, subject to the fact that the personnel of such societies is subject to military laws and regulations.
Military personnel specially trained to provide services, where appropriate, as auxiliary nurses or orderlies in the search or collection, in the transport or in the care of the wounded and sick, will be equally respected and protected, if they carry out these tasks when they enter contact with the enemy or when they fall into his power. If these personnel fall into the power of the enemy, they will also be considered prisoners of war.
Under the control of the competent military authority, the emblem will appear fixed to the left arm in a moisture-resistant armband and provided with the distinctive sign, provided and sealed by the military authority:
- of health personnel assigned to the search, collection, transport or care of the wounded and sick or the prevention of diseases, those assigned exclusively to the administration of health units and establishments and: attached chaplains to the armed forces.
It can also be used by the personnel of the National Society already explained. These personnel will carry, apart from the identity plate provided for in Article 16 of the First Geneva Convention and 19 of the Second Geneva Convention, a special identity card bearing the distinctive sign. This card should be moisture resistant and sized to fit in your pocket. (See model in Annex I of Additional Protocol I). Said card is intended for civil and permanent medical and religious personnel and for civil and temporary medical and religious personnel.
II. Practical Use and Making of Protective Signs
1- Concrete Value
For the protection value of a sign to be real, it must be visible:
- from all possible directions; from as far away as possible; during the day, as well as the best possible at night, and in inclement weather; with the naked eye and with technical infrared detection devices or with light intensifiers.
2- Form and Composition
To be effective, the sign:
- It will be placed on a flat surface, in all directions, vertical and horizontal; it will be as large as possible, as circumstances justify; it will be illuminated or illuminated at night or when inclement weather requires it. Fluorescent paint is only effective when
ultraviolet radiation increases, through artificial lighting or for a short period at dawn; it will be made with materials that allow its recognition with technical means of detection. The reflective materials facilitate the identification of the protective sign, seen and illuminated in a narrow visual field.
3- Visual Scope
Example:
View of an airplane at 3500 meters high, a 6 m horizontal red cross, with a 0.80 m wide arm, on a 6 m side white square and on a background of green grass, it is imperceptible and cannot be identified naked eye; as demonstrated in the example. The visual range of protective signs is generally limited. These signs should be as large as possible.
4- Location
They can be painted: 1. on flat surfaces; 2. directly on the roofs; 3. on the facades of buildings and works to be protected. On the roofs, the protective signs should not be painted in half, on each side of the roof, but the complete sign on both sides. If a large sign cannot be painted on the surface of the sides, a horizontal space will be found, next to the building, on the ground if necessary, to place a large sign there, visible from an airplane, very close of the protected building.
Flags must be placed in such a way that they cannot be taken away or stolen. The protective sign can be placed on walls, panels, dikes, Roads, cobblestone surfaces, in order to avoid erasure.
5- Protected Means of Transport
If authorized, the protective sign must have the same dimensions as the protected object. For road vehicles and, particularly, for aircraft, the protective sign will be made with a sticker or with paints that are suitable for the varnish of the plates. The possibility of removing the stickers or the paint should be foreseen in the case of a temporary use of the protective sign.
6- Use
The protective signs to be used can be prepared in advance or improvised if necessary.
Protective Signs Prepared in Advance:
Mainly in fixed health establishments, such as hospitals, health zones, certain means of transport; a preliminary study will be carried out to determine the location, dimensions and placement of the intended protective signs; According to the existing models and the chosen place, the samples of materials and colors will be found in signaling departments for roads, bridges, airports and railway lines, among others; materials and colors will be as durable as possible; the protective signs shall be placed in such a way that they cannot be destroyed, removed, or stolen.
Improvised Protective Signs:
it mainly concerns the makeshift health posts in the field; These are various provisional medical means of transport or mobile facilities, which, having the right to protection, do not have signs prepared in advance. As long as suitable materials and the prescribed colors are not available, signs can be made with whatever is at hand, adhering as closely as possible to the models and descriptions mentioned in the Philippe Eberlin brochure, Protective Signs International Committee of the Red Cross- Geneva 1983.
Infrared visibility:
The chiaroscuro contrast of the white background and the red color is obtained in infrared observation devices, placing a black base under the red color or bordering the outline of the red sign with black. It can also be seen using dark red paint, with black pigments. Reflective materials that become bright in infrared can be used to paint the sign.
The States Parties to the Geneva Conventions and their Additional Protocols have the duty, in order to be able to demand the right to the protection of persons, goods, transport, facilities and other objects provided for in International Humanitarian Law, to use the signs correctly and effectively. protection provided in it. Remember that our country is part of the aforementioned international treaties.
Conclusions
By way of conclusion we can say that the emblems within international humanitarian law arose for the good of humanity, for the protection of property and individuals, their role has been vital for the warring parties.
Their importance was demonstrated, emphasizing the importance they have in armed conflicts, as well as the misuse of them since they are valid in all countries of the world hemisphere and especially in countries that are in constant contradictions under the influence of war.
The use of the emblems in international humanitarian law known to the majority of the people, is of great importance for which it is necessary to increase their study and dissemination by all means.
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