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

[Avri Doria <avri@xxxxxxx>]

Hi,

I support this position.

And would add that prior decisions by the Board and the GAC have no binding 
influence on the procesess or recommendations of the GNSO.  Certainly should be 
considered as part of the informational flow, but this is a bottom-up process 
and as such directives from above have no special merit making them more 
important than other community input.

Part of the reason we are stuck in the position is because at every step of the 
way, various parties have tried to trump the GNSO policy process by appealing 
to Authority.  It is time for that appeal to be dropped in favor of genuine 
participation in the PDP process.

Getting back to law.  If something is indeed illegal, then take it to the 
appropriate court for action.

avri

On 30 Nov 2012, at 05:55, David W. Maher wrote:

> 
> I reiterate my position that the special protection of the Red Cross and Red 
> Crescent, if any, should be based on policy issues related to humanitarian 
> considerations, and not based on legal considerations. The laws referred to 
> below do not have anything to do with ICANN's procedures for the registration 
> of domain names.
> David W. Maher
> Senior Vice President – Law & Policy
> Public Interest Registry
> 312 375 4849
> 
> From: Stephane Hankins <shankins@xxxxxxxx<mailto:shankins@xxxxxxxx>>
> Date: Thu, 29 Nov 2012 06:54:05 -0500
> To: THOMAS RICKERT <rickert@xxxxxxxxxxx<mailto:rickert@xxxxxxxxxxx>>, 
> "gnso-igo-ingo@xxxxxxxxx<mailto:gnso-igo-ingo@xxxxxxxxx>" 
> <gnso-igo-ingo@xxxxxxxxx<mailto:gnso-igo-ingo@xxxxxxxxx>>, 
> "gnso-secs@xxxxxxxxx<mailto:gnso-secs@xxxxxxxxx>" 
> <gnso-secs@xxxxxxxxx<mailto:gnso-secs@xxxxxxxxx>>
> Cc: "christopher.rassi@xxxxxxxx<mailto:christopher.rassi@xxxxxxxx>" 
> <christopher.rassi@xxxxxxxx<mailto:christopher.rassi@xxxxxxxx>>
> Subject: [gnso-igo-ingo] RCRC Comments on the WG IGO/INGO template
> 
> 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 encompassall 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 State!
> s 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 Cros!
> s 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 argumentspresented 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 partiesto 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 Crêts, 17|1209 Petit Saconnex |Geneva|Switzerland
> Tel. +41 (0)22 730 4536 | Fax +41 (0)22 733 0395
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