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The Sixth Committee, which deals with international legal
matters confronting the 192 Member States of the United Nations,
has helped give birth to judicial bodies like the International
Criminal Court. Following the recommendations of the 2005
World Summit Outcome Document, the objective of strengthening
the rule of law was at the top of the Committee's agenda in
2006. Delegates offered views on how to ensure that treaties
are ratified and how the peaceful settlement of disputes is
promoted. They also debated the possibilities for a legal
regime to handle incidents that occur in one country but affect
another, such as oil spills or pollution. Hungary's representative
said his country was particularly interested in addressing
the issue of transboundary harm and that 95 per cent of the
surface water of the Danube River section that flows through
Hungary comes from neighbouring countries. In addition, progress
was difficult on the draft comprehensive convention on international
terrorism, with some delegations debating whether to associate
certain language like "army" with terrorism, while
others considered that armed forces are not terrorists by
definition.
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| The
three emblems of the International Red Cross and Red Crescent
Movement |
Red Crystal JOINS RED CROSS AND RED CRESCENT
A New Symbol of Protection and Neutrality
It is about who a sniper can kill and who he must spare.
It is about which building can legally be reduced to rubble
and which one is protected under law, or which vehicle can
be blown up and which must be allowed to drive on. Since 1864,
the symbol of a red cross has protected military and civilian
medical services from being targeted during armed conflicts,
while from 1876 the red crescent has fulfilled the same function
for medical services in Muslim countries. Both symbols are
also used to identify the national Red Cross and Red Crescent
societies, the International Federation and the International
Committee of the Red Cross (ICRC).
In 2006, delegates to the sixty-first session of the General
Assembly voiced their views on a new symbol that will stand
alongside the two emblems: a red crystal. The Sixth Committee
took note of the issue when it adopted a resolution on the
Status of the Protocols additional to the 1949 Geneva Convention.
"The crystal, crescent and cross all have the same meaning",
Cristina Pellandini, deputy head of the ICRC delegation to
the United Nations, told the UN Chronicle. "Their purpose
is to make combatants aware that those people, buildings and
vehicles with the symbols are protected under the 1949 Geneva
Conventions and should not be fired upon", she said.
ICRC was the result of the efforts of Henry Dunant, a Swiss
citizen who was horrified by the misery he witnessed of more
than 45,000 abandoned, dead or wounded soldiers in Solferino,
Italy in 1859. The symbol of a red cross on a white background,
representing the inverse of the Swiss flag, was recognized
in the First Geneva Convention of 1864, with the aim to facilitate
relief efforts for wounded combatants. Believing the cross
to be offensive to Muslim soldiers, the Ottoman Empire was
the first to use the red crescent from 1876 to 1878 as Turkey
fought Russia-the symbol was formally recognized in 1929.
At a 1949 diplomatic conference, Israel called for the use
of the red star of David by its armed forces' medical services,
but fearing a proliferation of protective emblems, States
rejected the proposal. The debate about the issue continued
for 46 years as a growing number of States recognized the
need for an additional emblem devoid of any national, political
or religious connotation. In a diplomatic conference in December
2005, Member States adopted the Third Additional Protocol
to the Geneva Conventions, creating the red crystal as a possibile
symbol for national relief societies unwilling or unable to
use the red cross or red crescent. Ms. Pellandini said that
besides the relief society in Israel, others like the one
in Eritrea -a country with significant Christian and Muslim
communities- are also considering using the red crystal as
a neutral symbol for its medical services and national society.
Unfortunately, the issue became highly politicized, she added,
with some States objecting to the new emblem's creation. Although
many parties had hoped to adopt the Third Protocol by consensus,
some Islamic States voted against its adoption, while others
abstained.
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| A
group of Ethiopians repatriated by ICRC walks over the
Mereb Bridge controlled by the UN Mission in Ethiopia
and Eritrea. UN photo/Rick Bajornas |
The 29th International Conference of the Red Cross and Red Crescent
in June 2006 in Geneva amended the Movement's statutes to incorporate
the new emblem. As a result, Israel's National Society-Magen
David Adom-and the Palestinian Red Crescent Society were formally
recognized and admitted as full-fledged members of the ICRC.
Magen David Adom was unable previously to enter the Movement
as it did not use the cross or the crescent, while the Palestinian
Red Crescent Society could not join because member societies
must come from internationally recognized independent States.
Prior to the 2005 diplomatic conference, both organizations
had signed a Memorandum of Understanding (MOU) on how they would
carry out their respective operations, particularly in the autonomous
and Occupied Palestinian Territories.
According to Jerzy Makarowski of the Permanent Mission of Sweden
to the United Nations, who led the negotiations on the draft
resolution, although the red crystal was a contentious issue,
talks remained "productive, constructive and friendly".
The text contained a very neutral reference to the Third Protocol,
simply noting in its preamble that it had been adopted, and
that "a more positive reference would have been very difficult",
he said. Namira Negm of Egypt told the UN Chronicle that her
country was concerned that the guidelines set in the MOU were
not being respected and that international humanitarian law
was often violated in the Occupied Palestinian Territories.
Although the resolution was adopted by consensus by the Committee,
it only noted the adoption of the additional emblem, but did
not express support for it, she said.
For Daniel Meron, Director of the International Organizations
and Human Rights Department of the Israeli Ministry of Foreign
Affairs, the recognition of the red crystal emblem gave the
opportunity of "being able to join the club [the Movement]",
and that Magen David Adom would now be able to participate in
international relief efforts. Although he had been disappointed
by the politicization of the issue at the 29th International
Conference, Mr. Meron said that the resolution's adoption was
a welcome development to "get political backing" for
the red crystal. Meirav Eilon Shahar of the Permanent Mission
of Israel said that although bringing the additional emblem
before the United Nations had no direct legal bearing on the
issue, it represented an opportunity to "encourage countries
to recognize the red crystal and ratify the Third Protocol". |