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[gnso-igo-ingo] RCRC Comments on the WG IGO/INGO template

  • To: Thomas Rickert <rickert@xxxxxxxxxxx>, gnso-igo-ingo@xxxxxxxxx, gnso-secs@xxxxxxxxx
  • Subject: [gnso-igo-ingo] RCRC Comments on the WG IGO/INGO template
  • From: Stephane Hankins <shankins@xxxxxxxx>
  • Date: Thu, 29 Nov 2012 12:54:05 +0100

Dear Thomas, dear Berry, dear all,

(1) Further to yesterday's call, please find attached, the "Red Cross and 
Red Crescent" comments on the WG IGO/INGO Template distributed yesterday 
in track changes. As indicated during the call, we recommend that the 
wording "international organisations" be maintained throughout the 
document, as it will better allow to encompass all concerned 
organisations, thus including the international components of the the 
International Red Cross and Red Crescent Movement which are considered to 
enjoy a distinct status under international law. The latter stems in 
particular from the ICRC's enjoyment of international mandates conferred 
upon it by the treaties of International Humanitarian Law, the observer 
status recognized to the International Committee of the Red Cross and the 
International Federation of Red Cross and Red Crescent Societies in the UN 
GA, the participation of the components of the Movement in the 
International Conferences of the Red Cross and Red Crescent, in which 
States participate, the Headquarters Agreements concluded by the ICRC and 
the International Federation with many States and acknowledging inter alia 
the Organisations' diplomatic priviliges and immunities.

It should also to our mind be made clear in the template that the WG will 
require to examine and to take into due account also all distinctive 
grounds substantiating the requirements for the protection and reservation 
of the designations of the IO's under consideration and which would 
complement the affiliation of the said names to any given organisation. 
This should allow to fully and comprehensively reflect the global public 
interest in their protection. As recalled during yesterday's call, the 
words "Red Cross" and "Red Crescent" designations require to be protected, 
as stipulated under international law treaties, in their own right as the 
designations of the protective emblems of armed forces medical personnel 
in times of armed conflict (and not only, or exclusively, as part of the 
names of the respective components of the International Red Cross and Red 
Crescent Movement, whether those of the International Committee of the Red 
Cross, International Federation of Red Cross and Red Crescent Societies, 
Afghan Red Crescent or American Red Cross). 



(2) As a second point, we also wish to take this opportunity to emphasize, 
and thus following certain arguments presented during the yesterday's 
call, that the protection of the Red Cross, Red Crescent and Red Crystal 
and related designations is not being grounded or called for out of 
"sympathy" for the Red Cross and Red Crescent or for its humanitarian 
roles, but because the protection of these names stems and is a 
requirement under universally agreed international norms of international 
humanitarian law (194, soon to be 195 States parties to the 1949 Geneva 
Conventions).

(3) We take this opportunity to attach the Position Paper which we 
submitted to the Board on 13 June 2012. There are also, as participants in 
the former Drafting Group on IOC/RC will recall, a series of other past 
submissions of the RCRC shared since the beginning of this year. 



With best regards,

Stéphane J. Hankins
Legal adviser
Cooperation and coordination within the Movement
International Committee of the Red Cross
Tel (direct line): ++0041 22 730 24 19

Christopher M. Rassi
Senior Legal Officer
International Federation of Red Cross and Red Crescent Societies
Chemin des CrĂȘts, 17 | 1209 Petit Saconnex | Geneva | Switzerland
Tel. +41 (0)22 730 4536 | Fax +41 (0)22 733 0395

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Attachment: Comments on the IGO-INGO Template.RCRC.28.11.2012.doc
Description:

Attachment: Position paper & Annexes.pdf
Description: Adobe PDF Document



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