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

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

I would add once again something I have said before: if there are clear and 
definitive laws that protect IOC & RC names as well as certain IGO names, then 
ICANN staff simply needs to enforce registry agreements because registries are 
required to follow applicable laws. A policy could be developed to facilitate 
compliance with laws, but it would not be totally necessary.

Chuck

> -----Original Message-----
> From: owner-gnso-igo-ingo@xxxxxxxxx [mailto:owner-gnso-igo-
> ingo@xxxxxxxxx] On Behalf Of Avri Doria
> Sent: Friday, November 30, 2012 4:42 AM
> To: gnso-igo-ingo@xxxxxxxxx
> Subject: Re: [gnso-igo-ingo] RCRC Comments on the WG IGO/INGO template
> 
> 
> 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 Sta!
>  te!
> > 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 Cr!
>  os!
> > 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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