The Red Cross and

International Humanitarian
Law (IHL)
Brief History of the Red
Cross
The Seven Principles
The Symbol of the Red Cross
The Philippine National Red Cross (PNRC)
International Committee of the Red Cross (ICRC)
International Humanitarian Law
The Medical Personnel
 Brief History of the Red Cross
 Battle of Solferino,
Italy (1859)
 War between
France and Austria
 300,000 soldiers
involved
 No organized medical system

 40,000 wounded and dying

Henry Dunant organized

volunteers to assist the wounded
 Brief History
“A Memory of Solferino” was
published in 1862 by Henry
Dunant with two main ideas:

1. To create, in each country,

an organization of trained
volunteers ready to assist the
wounded in war

2. To promote an international agreement

protecting the wounded soldiers on the
battlefield and those who care for them
 The International Movement
 assists and protects victims
International of armed conflict
Committee of
the Red  guardian of IHL
Cross (1863)
 recognizes National
Societies

 assists victims of disasters

National Red
Cross & Red  humanitarian activities for
Crescent the most vulnerable
Societies

 coordinates international
assistance for victims of
International natural disasters
Federation  supports activities and
Red Cross &
Red Crescent development of National
Societies (1919)
Societies
 The Seven Principles

HUMANITY
“We serve people but not systems…”

IMPARTIALITY
“We care for the victims
without discrimination...”

NEUTRALITY
“We take initiatives but
never sides.”
 The Seven Principles

INDEPENDENCE
“We bow to need but not to kings.”

VOLUNTARY SERVICE
“We work around the clock but
never for personal gain.”
 The Seven Principles

UNITY
“We have many talents
but a single idea.”

UNIVERSALITY
“We respect nations but
our work knows no bound.”
 The Red Cross Symbol
The sign and the words Red Cross are
protected under Presidential Decree 1643
and the Geneva Conventions
Exclusive use:
1. AFP Medical Services 3. International Committee
of the Red Cross

2. Philippine National 4. International Federation of the

Red Cross Red Cross and Red Crescent

  
 The Symbol
Proper Uses of the Symbol
Protective: a visible sign of
protection granted by the
Geneva Conventions in times
of armed conflict

Indicative: in times of armed

conflicts or peacetime, shows
that a person/object is connected
with the International Red Cross
and Red Crescent Movement
(PNRC, ICRC, Federation)
 The Symbol
Misuse of the Symbol
Improper Use
unauthorized use by
persons or institutions

Imitation
use of signs that may be
confused with the emblem

Grave misuse
marking of armed
combatants or military
equipment in wartime
for protection
 The Symbols

The Red Cross and Red Crescent

symbols have the same meaning
to help lessen human suffering
brought by armed conflicts
and natural disasters.
 The Symbol

Common violations of PD 1643:

 Symbol of Safety
 Fashion / Commercial Use
 Medical / First Aid sign
 Private / Public ambulances
(not owned by the AFP and the Red Cross)

Penalties may include imprisonment /

penalty to be decided by a civil court
 The PNRC
 Humanitarian organization
which begun in 1899 as Philippine
Women’s Red Cross

 Continued to
exist during the
American and
Japanese period

 Officially founded on 15 April 1947 through

Republic Act 95 (now Presidential Decree 1643)
 The PNRC
We alleviate human suffering…

A network of more than 90

active chapters nationwide.

Assists the government to

provide humanitarian
service in times of disasters
and emergencies.

 Relies on voluntary donations

to finance its operations.
 The PNRC
We assist victims of disaster…
Disaster
Management
Service

Social Services
 The PNRC
We save lives and promote health…

Community Health
and Nursing Services

Safety Services
 The PNRC
We provide safe and timely blood…

National Blood
Services
 The PNRC
We mobilize the youth and volunteers…

Red Cross Youth

Volunteer Service
 The PNRC
We advocate humanitarian values…
7 Red Cross
Principles

International
Humanitarian Law
International Humanitarian Law (IHL)
International Humanitarian Law (IHL)
Also known as Law of Armed Conflict,
is a set of rules which for
humanitarian reasons seeks:
to protect those, who are
not, or no longer taking
part in the fighting
and

to limit the means and

methods of warfare
 International Humanitarian Law (IHL)

The objective of IHL

is to prevent and
alleviate unnecessary
death, suffering and
destruction caused by
armed conflict

The origins of IHL can be

found in the codes and
rules of religions and
cultures around the world.
When does IHL apply?

International
armed conflict
Non- International
armed conflict

Internal
Disturbances
(domestic law / HR)
 International Humanitarian Law (IHL)

Sources of IHL:
Treaty law (written):
• Geneva Conventions
• Hague Treaties
• other int‘l conventions
Customary Law (unwritten):
- used before Geneva Conventions were
signed

• General practice accepted

as law (e.g. use of white flag)
The Red Cross and
the Geneva Conventions
“A Memory of Solferino” was
published by Henry Dunant
with two ideas:
1. To create, in each country, an
organization of trained volunteers
ready to assist the wounded in war

2. To promote an international agreement

protecting the wounded soldiers on the
battlefield and those who care for them
 The Geneva Conventions
The Four Geneva Conventions were signed
on August 12, 1949 for the Protection of:
The wounded and the sick soldiers in the
battlefield;
The wounded, sick and shipwrecked soldiers;
Prisoners of War and
Civilians

In 1977, two protocols were added to give

additional protection to victims of
international and non-international armed
conflict. And in 2005, the Protocol III
provision of the additional protective emblem Day !
(Red Crystal). i s I HL
g 12
Au
 The Geneva Conventions

Protects those who do not

take part in the fighting:
• Civilians
Special protection to
children, women and elderly
• Red Cross workers
• Armed Forces medical &
religious personnel

and those no longer • Captured enemies

taking part in the • Wounded and sick
fighting: • Shipwrecked
 The Geneva Conventions

Special protection for children

• Must be removed from
conflict areas and
provided with care and
aid they need
• Steps shall be taken
to reunite children
with their families

• Those below 18 years-old

shall not be recruited or
take part in the conflict
(R.A. 7610)
 The Geneva Conventions

Special Protection for women:

• Must be protected against
any attack on their honor,
like rape, prostitution
or any form of indecent
assault

• Must be held in
quarters separated from

men and shall be

supervised by women
 The Geneva Conventions

Places with Special Protection:

Objects necessary for survival
• Means for livelihood
• Water sources
• Farm lands
Installations with
dangerous matter
• dams / reservoir

Cultural & religious places

These places must not be attacked.

 PRINCIPLES OF IHL

Humane Treatment

Distinction

Limitation

Military Necessity
Principle of Humane Treatment

 All civilians must be

treated humanely without
discrimination based on
sex, religion, nationality,
race, or political beliefs.

 Those who are not part of

the fighting like those who
surrendered, the sick,
wounded, shipwrecked,
and detainees, must be
identified as such and
treated humanely.
 Principle of Humane Treatment

The following acts are and shall remain prohibited…

 violence to life and

person (murder,
mutilation, cruel
treatment and torture

 humiliating and
degrading treatment
 Principle of Humane Treatment

The following acts are and shall remain prohibited…

 taking of hostages

 the passing of sentences

and the carrying out of
executions without
judgement by a
constituted court
affording judicial
guarantees
 Principle of Humane Treatment

Treatment of the wounded and sick

shall be collected
and cared for

shall receive medical

care attention
required by their
condition with the least
possible delay
 Principle of Distinction
IHL prohibits all means and methods of
warfare which fail to differentiate between:

Combatants & Civilians

Military Objective &
Civilian Object
 Principle of Distinction

Who are Combatants?

Members of

 Armed Forces of the

government

 Other Armed Groups

They must:
• Distinguish themselves
from civilians
• Respect IHL
 Principle of Distinction

Civilians

 Persons who are not

members of the armed
forces or other armed
groups

They must:
• Be protected from dangers
arising from military operations
 Principle of Distinction

“Attack only military objectives.”

Military Objective
Objects that by nature or
purpose contribute to military
action
e.g. Installations, vehicles,
detachment and checkpoints

Civilian Object
Anything that does not
contribute to military action
e.g. schools, brgy hall etc
 Principle of Limitation
Poisonous substances

IHL has banned

or restricted the
use of many
weapons

Anti-personnel landmines

Booby traps
 Principle of Limitation

IHL prohibits all means

and methods of warfare
which cause:

excessive
injuries
or

unnecessary
suffering
 Principle of Limitation

After the cessation of an armed

conflict, the following must be cleared
or removed by authorities:
• mines and mined areas,
• booby traps
• other explosive devices

For Civilians / Officials:

• report to authorities
• do not touch
• mark with warning sign
Principle of Military Necessity

Reasonable force must be necessary,

lawful and operationally justified to
make opponent submit.
 Definition of Medical Personnel

“Medical personnel means those

persons assigned by a party to the
conflict, exclusively to the medical
purposes or to the administration
of medical units or to the operation
or to the administration of medical
transports.”
Protocol 1 of 1977 Definition
Art 8 P. I

Purpose:
Alleviate human suffering by helping and
tending the wounded and the sick
 Special Protection for Children

Special protection is given to children during

armed conflicts:
• Separated children shall be
reunited with their families

• Children shall be provided with

care and aid; removed from
conflict areas
 Rights and Duties of Medical Personnel During Armed Conflict

Geneva Conventions

Rights Art. 40 & 41 I; Art. 42 II & Art 20 IV

Additional Protocols
Art. 18, 66, 67
1. The privilege of wearing the
protective symbol and be protected
2. The right to work as medical
personnel only (Right to act and duty
to abstain)
3. Right to access

Duties and Responsibilities

1. Care must be given without any distinction based on
other than medical criteria.
Rights and Duties of Medical Personnel During Armed Conflict

2. The protection of medical personnel is not a

personal privileged accorded to them, but is a
natural consequence of the requirements
designed to assure respect and protection for
the victims of armed conflict.
3. Medical personnel must abstain from all acts of
hostility.
4. Medical personnel are authorized to carry only
light weapons and have the right to use them
only for their own defense or for that of the
wounded and sick for whom they are
responsible.
Art. 22, G1
Art. 35, G1
Art. 13, 28, 63, 65 P1
Rights and Duties of Medical Personnel During Armed Conflict

5. Medical personnel must be identifiable.

6. Medical personnel who commit abuses or
breaches of the international humanitarian law
are subject to punishment.
7. Medical personnel who provide their services in
armed conflict must respect the principles of
medical ethics in the same manner as in
peacetime.
8. It is prohibited to subject protected persons to
any medical procedures which is not indicated by
their state of health and to carry out on them any
medical, biological or other scientific
experiments.
Rights and Duties of Medical Personnel During Armed Conflict

Additional Protocols
9. Medical personnel shall not be Art. 15 & 16 I, Art. 9 & 10 II

compelled to give information

about the wounded and sick in
their care.
10. Medical personnel shall not be
punished or importuned for
having discharge medical
functions compatible with medical
ethics.
11. Medical personnel shall not be
compelled to act contrary to
medical ethics.