Emblems of the Red Cross
Encyclopedia
International Red Cross and Red Crescent Movement
The International Red Cross and Red Crescent Movement is an international humanitarian movement with approximately 97 million volunteers, members and staff worldwide which was founded to protect human life and health, to ensure respect for all human beings, and to prevent and alleviate human...
, under the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
, are to be placed on humanitarian and medical vehicles and buildings to protect them from military attack on the battlefield. There are four such emblems, three of which are in use: the Red Cross, the Red Crescent, and the Red Crystal. The Red Lion and Sun is also a recognized emblem, but is no longer in use.
There were also prior disputes concerning the use of a Red Star of David
Star of David
The Star of David, known in Hebrew as the Shield of David or Magen David is a generally recognized symbol of Jewish identity and Judaism.Its shape is that of a hexagram, the compound of two equilateral triangles...
by Magen David Adom
Magen David Adom
The Magen David Adom is Israel's national emergency medical, disaster, ambulance and blood bank service. The name means "Red Star of David"...
(MDA), the Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
i first-aid society; the Red Crystal was created in response to these disputes, thus enabling the admission of MDA to the movement.
Protection symbols vs. organizational emblems
The symbols described below have two distinctively different meanings. On one hand, the visual symbols of the Red CrossCross
A cross is a geometrical figure consisting of two lines or bars perpendicular to each other, dividing one or two of the lines in half. The lines usually run vertically and horizontally; if they run obliquely, the design is technically termed a saltire, although the arms of a saltire need not meet...
, the Red Crescent
Crescent
In art and symbolism, a crescent is generally the shape produced when a circular disk has a segment of another circle removed from its edge, so that what remains is a shape enclosed by two circular arcs of different diameters which intersect at two points .In astronomy, a crescent...
, the Red Lion with Sun
The Lion and Sun
The Lion and Sun is one of the emblems of Iran, and between 1846 and 1979 was an element in Iran's national flag. The motif, which illustrates ancient and modern Iranian traditions, became a popular symbol in Iran in the 12th century The lion and sun symbol is based largely on astronomical and...
and the Red Crystal serve as protection markings
Protective sign
Protective signs are symbols to be used during an armed conflict to mark persons and objects under the protection of various treaties of International Humanitarian Law . While their essential meaning can be summarized as "Don't shoot!" or "Don't attack!", the exact conditions implied vary depending...
in armed conflicts, a denotation which is derived from and defined in the Geneva Conventions. This is called the protective use of the symbols. On the other hand, these symbols are used as distinctive logos by those organizations which are part of the International Red Cross and Red Crescent Movement. This is the indicative use of the emblems, a meaning which is defined in the statutes of the International Movement and partly in the third Additional Protocol.
As a protection symbol, they are used in armed conflicts to mark persons and objects (buildings, vehicles, etc.) which are working in compliance with the rules of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
. In this function, they can also be used by organizations and objects which are not part of the International Red Cross and Red Crescent Movement, for example the medical services of the armed forces, civilian hospitals, and civil defense units. As protection symbols, these emblems should be used without any additional specification (textual or otherwise) and in a prominent manner which makes them as visible and observable as possible, for example by using large white flags bearing the symbol. Four of these symbols, namely the Red Cross, the Red Crescent, the Red Lion with Sun and the Red Crystal, are defined in the Geneva Conventions and their Additional Protocols as symbols for protective use.
When used as an organizational logo, these symbols only indicate that persons, vehicles, buildings, etc. which bear the symbols belong to a specific organization which is part of the International Red Cross and Red Crescent Movement (like the ICRC, the International Federation or the national Red Cross and Red Crescent societies). In this case, they should be used with an additional specification (for example "American Red Cross") and not be displayed as prominently as when used as protection symbols. Three of these symbols, namely the Red Cross, the Red Crescent and the Red Crystal, can be used for indicative purposes by national societies for use in their home country or abroad. In addition to that, the Red Shield of David (Star of David
Star of David
The Star of David, known in Hebrew as the Shield of David or Magen David is a generally recognized symbol of Jewish identity and Judaism.Its shape is that of a hexagram, the compound of two equilateral triangles...
) can be used by the Israel society Magen David Adom
Magen David Adom
The Magen David Adom is Israel's national emergency medical, disaster, ambulance and blood bank service. The name means "Red Star of David"...
for indicative purposes within Israel, and, pending the approval of the respective host country, in combination with the Red Crystal when working abroad.
Red Cross
Cross
A cross is a geometrical figure consisting of two lines or bars perpendicular to each other, dividing one or two of the lines in half. The lines usually run vertically and horizontally; if they run obliquely, the design is technically termed a saltire, although the arms of a saltire need not meet...
on white background was the original protection symbol declared at the 1864 Geneva Convention. The ideas to introduce a uniform and neutral protection symbol as well as its specific design originally came from Dr. Louis Appia
Louis Appia
Louis Paul Amédée Appia was a Swiss surgeon with special merit in the area of military medicine. In 1863 he became a member of the Geneva "Committee of Five", which was the precursor to the International Committee of the Red Cross...
and General Henri Dufour, founding members of the International Committee. The Red Cross is defined as a protection symbol in Article 7 of the 1864 Geneva Convention, Chapter VII ("The distinctive emblem") and Article 38 of the 1949 Geneva Convention ("For the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field"). There is an unofficial agreement within the Red Cross and Red Crescent Movement that the shape of the cross should be a cross composed of five squares. However, regardless of the shape, any Red Cross on white background should be valid and must be recognized as a protection symbol in conflict. Of the 186 national societies which are currently recognized by the ICRC, 152 are using the Red Cross as their official organization emblem. In addition, the Red Cross is currently used by the national society of Tuvalu
Tuvalu
Tuvalu , formerly known as the Ellice Islands, is a Polynesian island nation located in the Pacific Ocean, midway between Hawaii and Australia. Its nearest neighbours are Kiribati, Nauru, Samoa and Fiji. It comprises four reef islands and five true atolls...
which has applied for official recognition.
Relation to the flag of Switzerland
According to the ICRCInternational Committee of the Red Cross
The International Committee of the Red Cross is a private humanitarian institution based in Geneva, Switzerland. States parties to the four Geneva Conventions of 1949 and their Additional Protocols of 1977 and 2005, have given the ICRC a mandate to protect the victims of international and...
, the emblem adopted was formed by reversing the colours of the Swiss flag
Flag of Switzerland
The flag of Switzerland consists of a red flag with a white cross in the centre. It is one of only two square sovereign-state flags, the other being the flag of the Vatican City...
. However, according to jurist and Red Cross historian Pierre Boissier, no clear evidence of this origin has been found; the concept that the design was chosen to compliment the country in which the convention at which it was adopted was held, was promoted later to counter the objections of Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
that the flag was a Christian symbol
Christian cross
The Christian cross, seen as a representation of the instrument of the crucifixion of Jesus Christ, is the best-known religious symbol of Christianity...
. This was enshrined in the 1906 revision of the Convention.
Red Crescent
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...
used a Red Crescent
Crescent
In art and symbolism, a crescent is generally the shape produced when a circular disk has a segment of another circle removed from its edge, so that what remains is a shape enclosed by two circular arcs of different diameters which intersect at two points .In astronomy, a crescent...
instead of the Red Cross because its government believed that the cross would alienate its Muslim soldiers. When asked by the ICRC in 1877, Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
committed to fully respect the sanctity of all persons and facilities bearing the Red Crescent symbol, followed by a similar commitment from the Ottoman government to respect the Red Cross. After this de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
assessment of equal validity to both symbols, the ICRC declared in 1878 that it should be possible in principle to adopt an additional official protection symbol for non-Christian countries. The Red Crescent was formally recognized in 1929 when the Geneva Conventions were amended (Article 19). After the collapse of the Ottoman Empire, the Red Crescent was first used by its successor nation Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
, followed by Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
. From its official recognition to today, the Red Crescent became the organizational emblem of nearly every national society in countries with majority Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
populations. The national societies of some countries such as Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
(1974), Malaysia (1975), or Bangladesh
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
(1989) have officially changed their name and emblem from the Red Cross to the Red Crescent. The Red Crescent is used by 33 of the 186 recognized societies worldwide.
Red Crystal
Magen David Adom
The Magen David Adom is Israel's national emergency medical, disaster, ambulance and blood bank service. The name means "Red Star of David"...
and a number of other disputes, the introduction of an additional neutral protection symbol had been under discussion for a number of years, with the Red Crystal (previously referred to as the Red Lozenge
Lozenge
A lozenge , often referred to as a diamond, is a form of rhombus. The definition of lozenge is not strictly fixed, and it is sometimes used simply as a synonym for rhombus. Most often, though, lozenge refers to a thin rhombus—a rhombus with acute angles of 45°...
or Red Diamond
Diamond
In mineralogy, diamond is an allotrope of carbon, where the carbon atoms are arranged in a variation of the face-centered cubic crystal structure called a diamond lattice. Diamond is less stable than graphite, but the conversion rate from diamond to graphite is negligible at ambient conditions...
) being the most popular proposal. However, amending the Geneva Conventions to add a new protection symbol requires a diplomatic conference of all 192 signatory states to the Conventions. The Swiss government organized such a conference to take place on December 5–6, 2005, to adopt a third additional protocol to the Geneva Conventions introducing the Red Crystal as an additional symbol with equal status to the Red Cross or Red Crescent. Following an unplanned extension of the conference until December 7, the protocol was adopted after a vote successfully achieved the required two-thirds majority. From the countries which attended the conference, 98 voted in favour and 27 against the protocol, while 10 countries abstained from voting.
In the third Protocol the new symbol is referred to as "the third Protocol emblem". The rules for the use of this symbol, based on the third additional protocol to the Geneva Conventions, are the following:
- Within its own national territory, a national society can use either of the recognized symbols alone, or incorporate any of these symbols or a combination of them into the Red Crystal. Furthermore, a national society can choose to display a previously and effectively used symbol, after officially communicating this symbol to the state parties of the Geneva Conventions through Switzerland as the depositary state prior to the adoption of the proposed third additional protocol.
- For indicative use on foreign territory, a national society which does not use one of the recognized symbols as its emblem has to incorporate its unique symbol into the Red Crystal, based on the previously mentioned condition about communicating its unique symbol to the state parties of the Geneva Conventions.
- For protective use, only the symbols recognized by the Geneva Conventions can be used. Specifically, those national societies which do not use one of the recognized symbols as their emblem have to use the Red Crystal without incorporation of any additional symbol.
On 22 June 2006 the ICRC announced that the International Red Cross and Red Crescent Movement adopted the Red Crystal as additional emblem for use by the national societies. The ICRC also announced the recognition of the Palestine Red Crescent Society
Palestine Red Crescent Society
The Palestine Red Crescent Society was founded in 1968, by Fathi Arafat, Yassar Arafat's brother. It is a humanitarian organization that part of the International Red Cross and Red Crescent Movement. It provides hospitals, emergency medicine and ambulance services, and primary health care centers...
(PRCS) and the Israeli National Society, Magen David Adom
Magen David Adom
The Magen David Adom is Israel's national emergency medical, disaster, ambulance and blood bank service. The name means "Red Star of David"...
(MDA). On 14 January 2007, the third additional protocol entered into force.
Red Lion with Sun
Iran
Iran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
(known as Persia up to 1935) used a Red Lion with Sun
The Lion and Sun
The Lion and Sun is one of the emblems of Iran, and between 1846 and 1979 was an element in Iran's national flag. The motif, which illustrates ancient and modern Iranian traditions, became a popular symbol in Iran in the 12th century The lion and sun symbol is based largely on astronomical and...
symbol for its national society, the Red Lion and Sun Society
Red Lion and Sun Society
The Red Lion and Sun Society of Iran was established in 1922 and admitted to the International Red Cross and Red Crescent Movement in 1923...
, based on the flag and emblem of the Qajar Dynasty
Qajar dynasty
The Qajar dynasty was an Iranian royal family of Turkic descent who ruled Persia from 1785 to 1925....
. The Red Lion with Sun was formally recognized as a protection symbol in 1929, together with the Red Crescent. Despite the country's shift to the Red Crescent in 1980, Iran explicitly maintains the right to use the symbol. Therefore, it is still recognized by the Geneva Convention as a protection symbol with equal status to the Red Cross, Red Crescent and Red Crystal.
Red Shield of David
Magen David Adom
The Magen David Adom is Israel's national emergency medical, disaster, ambulance and blood bank service. The name means "Red Star of David"...
, the national society of Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
, has used the Red Shield of David as its organization emblem since its foundation. The Red Shield of David was initially proposed as an addition to the Red Cross, Red Crescent, and Red Lion with Sun in 1931. The proposal was rejected by the ICRC, like the Mehrab-e-Ahmar (Red Archway) symbol of the national aid society of Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
four years later, as well as a wide range of other proposals, due to concerns about symbol proliferation. Israel again tried to establish the emblem as a third protection symbol in the context of the Geneva Conventions, but a respective proposal was narrowly defeated when the Geneva Conventions were adopted by governments in 1949. As the Red Shield of David is not a recognized protection symbol under the Geneva Conventions, Magen David Adom's recognition as a national society by the ICRC was long delayed.
It was not until 2006 that the ICRC officially recognized Magen David Adom. The adoption of the third protocol emblem paved the way for the recognition and admission of Magen David Adom as a full member of the International Federation, as the rules of the third protocol allow it to continue using the Red Shield of David when operating within Israel and provide a solution for its missions abroad. Though the organization only recently gained official recognition, it has had an excellent reputation within the Movement for many years and took part in many international activities, in cooperation with both the ICRC and the Federation, prior to its official recognition.
The original motto of the International Committee of the Red Cross was Inter Arma Caritas ("In War, Charity"). This Christian-spirited slogan was amended in 1961 with the neutral motto Per Humanitatem ad Pacem or "With humanity, towards peace". While Inter Arma Caritas is still the primary motto of the ICRC (as per Article 3 of the ICRC statutes), Per Humanitatem ad Pacem is the primary motto of the Federation (Article 1 of the Constitution of the Federation). Both organizations acknowledge the alternative motto, and together both slogans serve as the combined motto of the International Movement.
The mission statement of the International Movement as formulated in the "Strategy 2010" document of the Federation is to improve the lives of vulnerable people by mobilizing the power of humanity. From 1999 to 2004, the common slogan for all activities of the International Movement was The Power of Humanity. In December 2003, the 28th International Conference in Geneva adopted the conference motto Protecting Human Dignity as the new Movement slogan.
The 16th International Conference which convened in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
in 1938 officially decided to make May 8, the birthday of Henry Dunant, as the official annual commemoration and celebration day of the Movement. Since 1984, the official name of the celebration day has been "World Red Cross and Red Crescent Day".
In Solferino, a small museum describes the history of the Battle of Solferino
Battle of Solferino
The Battle of Solferino, , was fought on June 24, 1859 and resulted in the victory of the allied French Army under Napoleon III and Sardinian Army under Victor Emmanuel II against the Austrian Army under Emperor Franz Joseph I; it was the last major battle in world...
and of the Risorgimento, the long and bloody Italian struggle for independence and unity. In the Ossario di Solferino (Solferino Ossuary) in close proximity to the museum, a moving display shows the horrors of war. Inside the chapel, 1,413 skulls and many more bones from thousands of French and Austrian troops who died during the battle are shown. Solferino is also host to the International Red Cross Memorial inaugurated in 1959 on the centennial of the Battle of Solferino. The memorial contains stone plaques identifying each recognized national society. In Castiglione delle Stiviere
Castiglione delle Stiviere
Castiglione delle Stiviere is a town and comune in the province of Mantua, in Lombardy, Italy, 30 km northwest of Mantua by road.-History:During the War of the Spanish Succession, the French under the duc de Vendôme occupied it....
, a small town near Solferino
Solferino
Solferino is a small town and comune in the province of Mantua, Lombardy, northern Italy, approximately 10 kilometres south of Lake Garda....
, the International Museum of the Red Cross was also opened in 1959. Moreover, another museum, the International Red Cross Museum stands in Geneva in close proximity to the headquarters of the ICRC. Finally, in the Swiss city of Heiden
Heiden, Switzerland
Heiden is a municipality in the canton of Appenzell Ausserrhoden in Switzerland. Its Biedermeier village around the church square is listed as a heritage site of national significance.-History:Heiden is first mentioned in 1461 as guot genant Haiden....
, the Henry Dunant Museum
Henry Dunant Museum
The Henry Dunant Museum is a museum in the Swiss town of Heiden, to preserve the memory and legacy of Henry Dunant, the Founder of the Red Cross Movement, who died in Heiden in 1910, after receiving the first-ever Nobel Prize for Peace in 1901....
was opened to preserve the memory and legacy of Dunant himself.
Other proposed symbols
Various other countries have also lobbied for alternative symbols, which have been rejected because of concerns of territorialism.- Red Flame (Siam) - Proposed by Siamese delegates at the Hague Peace Conference of 1899.
- Red Sun (Persia) - Proposed by Persian delegates at the Hague Peace Conference of 1899.
- Mehrab-e-Ahmar (AfghanistanAfghanistanAfghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
) - Archway design submitted in 1935, but rejected. - Red Lamb (Republic of the Congo (Léopoldville)Republic of the Congo (Léopoldville)The Republic of the Congo was an independent republic established following the independence granted to the former colony of the Belgian Congo in 1960...
) - Used by one of several rival societies in 1963 to 1964. - Red Wheel (IndiaIndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
) - Hindu swastikaSwastikaThe swastika is an equilateral cross with its arms bent at right angles, in either right-facing form in counter clock motion or its mirrored left-facing form in clock motion. Earliest archaeological evidence of swastika-shaped ornaments dates back to the Indus Valley Civilization of Ancient...
design proposed after the Indian independence movementIndian independence movementThe term Indian independence movement encompasses a wide area of political organisations, philosophies, and movements which had the common aim of ending first British East India Company rule, and then British imperial authority, in parts of South Asia...
, but abandoned in favor of the Red Cross. - Hakuai Sha (JapanJapanJapan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
), based on the Japanese flag - Founded in 1877, but adopted the Red Cross in 1887. - Red Cedar (LebanonLebanonLebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...
) - Suggested after the Lebanese Civil WarLebanese Civil WarThe Lebanese Civil War was a multifaceted civil war in Lebanon. The war lasted from 1975 to 1990 and resulted in an estimated 150,000 to 230,000 civilian fatalities. Another one million people were wounded, and today approximately 350,000 people remain displaced. There was also a mass exodus of...
, but abandoned in favor of the Red Cross. - Red Rhinoceros (SudanSudanSudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...
) - Proposed to unite local branches of the Red Crescent Society of Egypt and the British Red CrossBritish Red CrossThe British Red Cross Society is the United Kingdom branch of the worldwide impartial humanitarian organisation the International Red Cross and Red Crescent Movement. The society was formed in 1870, and is a registered charity with over 31,000 volunteers and 2,600 staff. At the heart of their work...
, but abandoned in favor of the Red Crescent. - Red Palm (SyriaSyriaSyria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
) - Proposed after World War IIWorld War IIWorld War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, but rejected in favor of the Red Crescent. - Sapa Unalom Daeng (ThailandThailandThailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...
) - Founded in 1893, but adopted the Red Cross in 1906. - Red Star (ZimbabweZimbabweZimbabwe is a landlocked country located in the southern part of the African continent, between the Zambezi and Limpopo rivers. It is bordered by South Africa to the south, Botswana to the southwest, Zambia and a tip of Namibia to the northwest and Mozambique to the east. Zimbabwe has three...
)
In 1922 a Red Swastika Society
Red Swastika Society
The Red Swastika Society is a voluntary association founded in China in 1922 by Qian Nengxun , Du Bingyin and Li Jiabai as the philanthropic branch of the Daodeshe "Society of Dao and Virtue", a syncretist Daoist school, which changed at the same time its name to Daoyuan...
was formed in China during the Warlord era. The swastika
Swastika
The swastika is an equilateral cross with its arms bent at right angles, in either right-facing form in counter clock motion or its mirrored left-facing form in clock motion. Earliest archaeological evidence of swastika-shaped ornaments dates back to the Indus Valley Civilization of Ancient...
is used in East Asia as a symbol to represent Dharma
Dharma
Dharma means Law or Natural Law and is a concept of central importance in Indian philosophy and religion. In the context of Hinduism, it refers to one's personal obligations, calling and duties, and a Hindu's dharma is affected by the person's age, caste, class, occupation, and gender...
or Buddhism
Buddhism
Buddhism is a religion and philosophy encompassing a variety of traditions, beliefs and practices, largely based on teachings attributed to Siddhartha Gautama, commonly known as the Buddha . The Buddha lived and taught in the northeastern Indian subcontinent some time between the 6th and 4th...
in general. While the organization has organized philanthropic relief projects (both domestic and international), as a sectarian religious body it is ineligible for recognition from the International Committee. Its headquarters are now in Taiwan.
Use of the emblems
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
, the four recognized emblems are to be used only to denote the following:
- facilities for the care of injured and sick armed forces members;
- armed forces medical personnel and equipment;
- military chaplains;
- International Red Cross and Red Crescent Movement organizations such as the International Committee of the Red Cross (ICRC), the International Federation of Red Cross and Red Crescent Societies (IFRC), and the 185 national Red Cross and Red Crescent societies.
In order to ensure universal respect for the emblems, the Geneva Conventions obliged their signatories to forbid any other use of the names and emblems in wartime and peacetime.
Nevertheless, the misuse of the emblem is widespread and it is often used as a general symbol to indicate first aid
First aid
First aid is the provision of initial care for an illness or injury. It is usually performed by non-expert, but trained personnel to a sick or injured person until definitive medical treatment can be accessed. Certain self-limiting illnesses or minor injuries may not require further medical care...
, medical supplies and civilian medical services especially walk-in clinics. Misuses appear in movies (A notable example is The Living Daylights
The Living Daylights
The Living Daylights is the fifteenth entry in the James Bond series and the first to star Timothy Dalton as the fictional MI6 agent 007. The film's title is taken from Ian Fleming's short story, "The Living Daylights"...
, wherein narcotics were disguised as Red Cross care packages, as a plot device), on television, and in computer software and games. Service companies, such as those for car repair or lawn maintenance, tout themselves as service "doctors" and incorporate medical symbols to promote themselves.
In 2006, the Canadian Red Cross issued a press release asking video game makers to stop using the red cross in their games; it is an especially common sight to see first aid kits and other items which restore the player character's health
Health (gaming)
Health is a game mechanic used in role-playing, computer and video games to give value to characters, enemies, NPCs, and related objects. This value can either be numerical, semi-numerical as in hit/health points, or arbitrary as in a life bar....
marked with a red cross.
In order to avoid this conflict, a green cross is often used as a generic alternative.
Some believe that the Geneva Conventions require the revocation of all trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
s that contain the Red Cross, Red Crescent, or Red Lion and Sun, even pre-existing ones such as Johnson & Johnson
Johnson & Johnson
Johnson & Johnson is an American multinational pharmaceutical, medical devices and consumer packaged goods manufacturer founded in 1886. Its common stock is a component of the Dow Jones Industrial Average and the company is listed among the Fortune 500....
's (J&J) Red Cross trademark in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
(see below). However, pre-existing trademarks are also protected in the implementing legislation of other countries, including Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and its dependencies. In many countries, it is a violation of the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
to seize intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
lawfully created prior to a ban without compensating its owner through eminent domain
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
, with limited exceptions for offensive or dangerous uses. (For example, a Red Cross on a building—even a J&J building—conveys a potentially false and dangerous impression of military presence in the area to enemy aircraft, although the building itself would not be attacked; thus the U.S. reservations
Reservation (law)
A reservation in international law is a caveat to a state's acceptance of a treaty. By the 1969 Vienna Convention on the Law of Treaties , a reservation is defined as a...
to the 1949 Geneva Conventions, as noted below, effectively ban that use even by J&J.) In recognition of this fact, Protocol III
Protocol III
Protocol III is a 2005 amendment protocol to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem. This protective sign may be displayed by medical and religious personnel at times of war, instead of the traditional Red Cross or Red Crescent symbols...
expressly preserves most pre-1905 trademarks containing the Red Crystal, as long as they cannot be confused with military uses. Of course, once implementing legislation is enacted, new trademarks bearing an emblem named in the law are banned.
International protection of images
The protected status of these images was established in the First Geneva ConventionFirst Geneva Convention
The First Geneva Convention, for the Amelioration of the Condition of the Wounded in Armies in the Field, is one of four treaties of the Geneva Conventions. It defines "the basis on which rest the rules of international law for the protection of the victims of armed conflicts." It was first adopted...
which states:
- Art. 44. With the exception of the cases mentioned in the following paragraphs of the present Article, the emblem of the red 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.
- Art. 44. (cont.) Furthermore, National Red Cross (Red Crescent, Red Lion and Sun) Societies may, in time of peace, in accordance with their rational 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.
Use of the emblems in Canada
The Geneva Cross, emblem of the Red Crescent & Red Lion and Sun are protected under the Trade-marks Act. Section 9(f-h) "Prohibited Marks" states:Use of the emblems in Hong Kong
Under HK Laws. Chap 1129 Hong Kong Red Cross Ordinance, Section 3(c) Unauthorized distribution of badges and products statesUse of the emblems in the United Kingdom
The use of the emblems in the United Kingdom are governed by Geneva Conventions Act 1957Geneva Conventions Act 1957
The Geneva Conventions Act 1957 is an Act of Parliament of the United Kingdom that incorporates the provisions of the Geneva Convention into British law....
as amended by Geneva Conventions (Amendment) Act 1995
Geneva Conventions (Amendment) Act 1995
Geneva Conventions Act 1995 made provision for the amendment of the United Kingdom's Geneva Conventions Act 1957 to enable the addition of Protocol I and Protocol II to the Geneva Conventions of 1949, to be incorporated into the law of England , Scotland, Northern Ireland, the Channel Islands,...
and several Orders as Statutory Instruments. The Parliament is considering the Geneva Conventions and United Nations Personnel (Protocols) Bill which would include the Red Crystal.
The unauthorised use of the Red Cross on a pantomime costume in Glasgow in 2011 resulted in a request for its removal.
Use of the emblems in the United States
A notable exception to this is the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
where, although the United States first ratified the Geneva Conventions in 1882, for 18 years no legislation was enacted to enact treaty obligations regarding the protection of the Red Cross symbol.
On June 6, 1900, the bill to charter the American National Red Cross
American Red Cross
The American Red Cross , also known as the American National Red Cross, is a volunteer-led, humanitarian organization that provides emergency assistance, disaster relief and education inside the United States. It is the designated U.S...
(ARC) was signed into law. Section 4, which ultimately was codified as 18 U.S.C. §706, protected the Greek red cross symbol by making it a misdemeanor for any person or association to use the Red Cross name or emblem without the organization's permission. Penalties included imprisonment not to exceed one year and a fine between $1 and $500, payable to the ARC. There had been seven trademark registrations for Greek red crosses by entities unrelated to the Red Cross at the time the ARC was incorporated. The existence of these users was recognized in congressional discussion of the act. However, lawmakers took no action to prohibit the rights of these earlier users.
In 1905, when Congress was revising the ARC's charter, the issue of pre-existing rights to use the emblem was again raised. Lawmakers reiterated Congress' intent that the prohibitions on use of the Red Cross name and emblem did not make unlawful the use of the Greek red cross by those with otherwise established rights. However, these sentiments were again not reflected in the Red Cross charter revision. At the time of the 1905 revision, the number of trademark registrations with a Greek red cross had grown to 61, including several by Johnson & Johnson
Johnson & Johnson
Johnson & Johnson is an American multinational pharmaceutical, medical devices and consumer packaged goods manufacturer founded in 1886. Its common stock is a component of the Dow Jones Industrial Average and the company is listed among the Fortune 500....
. Concerned over potential pre-emption, commercial users lobbied for codification of their existing trademark rights.
In 1910, Congress formally established that lawful use of the Red Cross name and emblem that began prior to Jan. 5, 1905, could continue, but only if that use was "for the same purpose and for the same class of goods." Later, the U.S. ratified the 1949 revisions to the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
with a specific reservation
Reservation (law)
A reservation in international law is a caveat to a state's acceptance of a treaty. By the 1969 Vienna Convention on the Law of Treaties , a reservation is defined as a...
that pre-1905 Red Cross trademarks would not be disturbed as long as the Red Cross is not used on "aircraft, vessels, vehicles, buildings or other structures, or upon the ground", all of which are likely to be confused with military uses.
Until 2007, U.S. law only protected the Red Cross, and only permitted its use by the ARC and U.S. armed forces; though its use by non-U.S. organizations would normally be implied by the ARC's membership in IFRC and the standard protocols of the military and the Red Cross & Red Crescent movement, the ARC's withholding of IFRC dues from 2000 to 2006 over the Magen David Adom (MDA) issue raised concerns. Both to implement Protocol III
Protocol III
Protocol III is a 2005 amendment protocol to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem. This protective sign may be displayed by medical and religious personnel at times of war, instead of the traditional Red Cross or Red Crescent symbols...
(which had received advice and consent from the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
in 2006; the U.S. formalized its ratification in March 2007) and to address these concerns, the Geneva Distinctive Emblems Protection Act of 2006 (Public Law 109-481) http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_public_laws&docid=f:publ481.109 was signed into law January 12, 2007, two days before Protocol III went into effect. The law, codified as 18 U.S.C. §706a, extended full legal protection to the Red Crescent and Red Crystal (but not the Red Lion and Sun) in the U.S., subject to private uses prior to the signing of Protocol III that cannot be confused with military uses; permitted the use of all appropriate emblems under the Conventions by the ICRC, the IFRC, all national Red Cross & Red Crescent societies (including MDA by this time), and "(t)he sanitary and hospital authorities of the armed forces of State Parties to the Geneva Conventions"; and permitted the United States Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
to obtain injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
s against improper use of the Red Cross, Red Crescent, and Red Crystal in the U.S.
U.S. law still does not specifically protect the right of military chaplains to use the emblems under the Geneva Conventions; however, military chaplains that are part of their armed forces' "sanitary and hospital authorities" would have the right to use the emblems in the U.S. The ARC and other Red Cross & Red Crescent entities also employ chaplains; they are entitled to use the emblems through their employment.
Johnson & Johnson v. American Red Cross
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
, Johnson & Johnson
Johnson & Johnson
Johnson & Johnson is an American multinational pharmaceutical, medical devices and consumer packaged goods manufacturer founded in 1886. Its common stock is a component of the Dow Jones Industrial Average and the company is listed among the Fortune 500....
(J&J) filed suit against the American Red Cross
American Red Cross
The American Red Cross , also known as the American National Red Cross, is a volunteer-led, humanitarian organization that provides emergency assistance, disaster relief and education inside the United States. It is the designated U.S...
alleging trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
infringement. The suit seeks to halt the placement of the Red Cross emblem on all first aid, safety and disaster preparedness products not specifically licensed by Johnson & Johnson. The suit also asks for the destruction of all currently existing non-J&J Red Cross emblem-bearing products of this type, and demands the American Red Cross pay punitive damages
Punitive damages
Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit...
and J&J's legal fees.
J&J released a statement to the public on August 8, 2007 detailing its decision to file suit, claiming prior rights to the emblem. On the same date, the American Red Cross issued a press release of its own, stating some of the reasons behind its decision to license
License
The verb license or grant licence means to give permission. The noun license or licence refers to that permission as well as to the document recording that permission.A license may be granted by a party to another party as an element of an agreement...
the Red Cross emblem to first aid and disaster preparedness product manufacturers. It issued a further press release two days later, refuting several of J&J's claims and asserting that "(t)he Red Cross has been selling first aid kits commercially in the United States since 1903."
In a statement, the Red Cross said it has worked since 2004 with several licensing partners to create first aid, preparedness and related products that bear the Red Cross emblem. The charity says that all money it receives from the sale of these products to consumers is reinvested in its humanitarian programs and services. "For a multi-billion dollar drug company to claim that the Red Cross violated a criminal statute that was created to protect the humanitarian mission of the Red Cross—simply so that J&J can make more money—is obscene," said Mark Everson, the chief executive of the charity. Johnson & Johnson responded, stating that the Red Cross's commercial ventures were outside the scope of historically well-agreed usage, and were in direct violation of federal statutes.
The federal court rejected Johnson & Johnson's position and ruled for the American Red Cross, holding that federal law authorizes the American Red Cross to use the Red Cross emblem in the sale of mission-related items like first aid and disaster preparedness kits and also to license other firms to use its name and emblem to sell such products. The court noted in particular that the American Red Cross had been doing so for over a century, and that, ironically, Johnson & Johnson had once itself sought to be a licensee of the American Red Cross. After the court rejected the substance of Johnson & Johnson's complaint, the parties ultimately settled their differences, and the American Red Cross remains free to use its emblem in the sale of life-saving, disaster preparedness, and other mission-related products.
See also
- Hague Conventions (1899 and 1907)Hague Conventions (1899 and 1907)The Hague Conventions were two international treaties negotiated at international peace conferences at The Hague in the Netherlands: The First Hague Conference in 1899 and the Second Hague Conference in 1907...
- Henri Dunant, founder of the Red Cross movement
- List of Red Cross and Red Crescent Societies
- Protective signProtective signProtective signs are symbols to be used during an armed conflict to mark persons and objects under the protection of various treaties of International Humanitarian Law . While their essential meaning can be summarized as "Don't shoot!" or "Don't attack!", the exact conditions implied vary depending...
- Red Swastika, Emblem of Daoist aid movement