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Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.

Commentary - Annex I : Regulations concerning identification #Chapter II -- The distinctive emblem

[p.1167] Annex I, Chapter II -- The distinctive emblem

Introduction

4014 The expression "distinctive emblem" is defined, for the purposes of the Conventions and their Protocols, in Article 8

' (Terminology), ' sub-paragraph (1), of the Protocol. The use of the

distinctive emblem for marking and identifying medical personnel,

units and transports is governed by Article 18

' (Identification) '

of the Protocol. (1)

4015 The essential rules for the most effective possible implementation of the provisions concerning the use of the

distinctive emblem are summed up in Articles 3

' (Shape and nature) '

and 4

' (Use) ' which make up Chapter II.

4016 If it is to be effective, the distinctive emblem -- like any visual sign -- must be fully visible and identifiable within the

visual range for which it is designed. Accordingly, it should make

medical personnel, units and transports identifiable to the naked eye

in daylight and in clear weather (absence of fog, snow, rain etc.),

at the distance which separates combatants when they shoot on sight.

4017 This distance will obviously vary significantly according to the nature of the armaments concerned (infantry, armoured tanks,

artillery, naval or air weaponry etc.).

4018 The visibility of the distinctive emblem from the air was tested in 1936 by the Dutch and Swiss Air forces. According to the experts,

these tests are still valid today notwithstanding the speed of modern

aircraft. The detailed results were published by the ICRC in the

"Revue internationale de la Croix-Rouge". (2)

' Dutch tests '

4019 Size of the red cross: 6 m in diameter with arms 0.80 m wide. White ground: square with sides measuring 6 m. The tests produced the

following results:

-- from 1,500 m altitude, the red cross is visible to an observer knowing where it is;

p.1168]

-- from 2,500 m, the red cross is scarcely visible even to an observer knowing where it is;

-- from 3,500 m, the red cross is not visible.

4020 In poor weather and limited visibility, huge emblems (50 m cross with arms 10 m wide) are essential and should be floodlit.

4021 The distinctive emblem also needs to be this size in order to be visible from an altitude of 4,000 m in clear weather.

4022 At the altitudes from which the above-mentioned observations were made, a 3 m red cross is not visible.

' Swiss tests '

4023 Size of the red cross: 5 m in diameter, width of arms not specified but-judging by the proportions of the Swiss cross --

probably 1.5 m wide and 1.75 m long (length exceeding width by

1/6). (3) White ground: 5 x 5 m. The following results were produced:

-- from a low-flying (200 to 300 m) aircraft, a cross of this size astride the ridge of a hospital roof is only recognizable from a

very short distance because the cross appears distorted by the

slope of the roof. Consequently, the red cross must not be placed

straddling the top angle of a roof but, rather, on the flat

surface of each slope;

-- from 1,000 m, seen perpendicularly from above, the cross is visible to an observer knowing its position;

-- from 2,000 m, seen perpendicularly from above, the cross appears distorted but it is identifiable if its position is already

known;

-- from 2,500 to 3,000 m, the distinctive emblem is no longer visible.

4024 It will be noted that the Dutch and Swiss tests on the visibility of the protective emblem from the air produced concordant results.

4025 On land, the visibility tests carried out by the ICRC on two occasions in 1972 and repeated in 1976 for the experts of the

Technical Sub-Committee, showed that the distinctive emblem is no

longer identifiable at the following distances:

-- 60 m for a red cross 10 cm in diameter on a white armlet;

-- 300 m for a red cross 40 cm in diameter on a white ground, on an ambulance;

-- 500 to 600 m for a red cross 80 cm in diameter on a white ground, on an ambulance or flag.

4026 At sea, studies have also been carried out on the visibility of the distinctive emblems on the hull and superstructure of ships

chartered by the ICRC for its operations, as well as on a number of

hospital ships. The results are practically -- identical to those of

the above-mentioned aerial observations. From a distance of

[p.1169] two nautical miles, a red cross 3 m high on a white ground

painted on the hull of a ship is barely visible and is not

identifiable to the naked eye. (4)

4027 The use of the distinctive emblem by hospital ships and coastal rescue craft is the subject of Resolution 18 addressed by the

Diplomatic Conference to the International Maritime Organization in

1977. The resolution requests that the use of the distinctive emblem

be recognized in the appropriate IMO documents such as the

International Code of Signals.

4028 The visual identification issues raised in Resolution 18 were referred by IMO to its Maritime Safety Committee and its

Sub-Committee on Safety of Navigation. As a result of their work, a

new Chapter XIV called "Identification of Medical Transports in Armed

Conflict and Permanent Identification of Rescue Craft" was added to

the International Code of Signals. The new text, which is annexed to

this commentary came into force on 1 January 1986. (5)

4029 The visibility of the distinctive emblem to infrared observation was also tested by the ICRC, using both the red cross and the red

crescent.

4030 The Spanish Red Cross transmitted to the ICRC photographs of ambulances which demonstrated that the red distinctive emblem was

invisible to infrared film. As a result of these tests, the Technical

Sub-Committee recommended that the necessary steps be taken to ensure

that the distinctive emblem could be detected by technical means.

' Ph. E. '

[p.1170] Document annexed (Cf. supra, p. 1169, footnote 5)

INTERNATIONAL CODE OF SIGNALS

(extract)

CHAPTER XIV

Identification of Medical Transports in Armed Conflict and

Permanent Identification of Rescue Craft (6)

1. ' Shape, colour and positioning of emblems for medical transports '

1.1 The following emblems can be used separately or together to show that a vessel is protected as a medical transport under the

Geneva Convention.

[Pictures of the emblems -- A red cross and a red crescent]

1.2 The emblem, positioned on the vessel's sides, bow, stern and deck, shall be painted dark red on a white background.

1.3 The emblem shall be as large as possible.

1.3.1 On the vessels's sides the emblem shall extend from the waterline to the top of the ship's hull.

1.3.2 The emblems on the vessel's bow and stern must, if necessary, be painted on a wooden structure so as to be clearly visible

to other vessels ahead or astern.

1.3.3 The deck emblem must be as clear of the vessel's equipment as possible to be clearly visible from aircraft.

1.4 In order to provide the desired contrast for infrared film or instruments, the red emblem must be painted on top of a black

primer paint.

1.5 Emblems may also be made of materials which make them recognizable by technical means of detecting.

2. ' Illumination '

2.1 At night and in restricted visibility the emblems shall be illuminated or lit.

[p.1171]

2.2 At night and in restricted visibility all deck and overside lights must be fully lit to indicate that the vessel is engaged

in medical operations.

3. ' Personal equipment '

3.1 Subject to the instructions of the competent authority, medical and religious personnel carrying out their duties in the battle

area shall, as far as possible, wear headgear and clothing

bearing the distinctive emblem.

4. ' Flashing blue light for medical transports '

4.1 A vessel engaged in medical operations shall exhibit one or more all-round flashing blue lights of the colour prescribed in

paragraph 4.4.

4.2 The visibility of the lights shall be as high as possible and not less than 3 nautical miles in accordance with Annex 1 to the

International Regulations for Preventing Collisions at Sea, 1972.

4.3 The light or lights shall be exhibited as high above the hull as practical and in such a way that at least one light shall be

visible from any direction.

4.4 The recommended blue colour is obtained by using, as trichromatic

co-ordinates:

green boundary y = 0.065 + 0.805 x

white boundary y = 0.400 - x

purple boundary x = 0.133 + 0.600 y

4.5 The frequency of the flashing light shall be between 60 and 100 flashes per minute.

5. ' Radar transponders '

5.1 It should be possible for medical transports to be identified by other vessels equipped with radar by signals from a radar

transponder fitted on the medical transport.

5.2 The signal from the medical transport transponder shall consist of the group YYY, in accordance with article 40 of the Radio

Regulations followed by the call sign or other recognized means

of identification.

6. ' Underwater acoustic signals '

6.1 It should be possible for medical transports to be identified by submarines by appropriate underwater signals transmitted by the

medical transports.

6.2 The underwater signal shall consist of the call sign of the ship preceded by the single group YYY transmitted in morse on an

appropriate acoustic frequency, e.g. 5 kHz.

[p.1172]

7. ' Rescue craft carried by medical transports '

7.1 Every rescue craft should be equipped with a mast on which a red cross flag measuring about 2 x 2 metres can be hoisted.

8. ' Flashing blue light for medical aircraft '

8.1 The light signal, consisting of a flashing blue light, is established for the use of medical aircraft to signal their

identity. No other aircraft shall use this signal. The

recommended flashing rate of the blue light is between sixty and

one hundred flashes per minute.

8.2 Medical aircraft should be equipped with such lights as may be necessary to make the light signal visible in as many directions

as possible.

NOTES (1) [(1) p.1167] Cf. commentary Arts. 8, sub-para. (l), and 18 of the Protocol, supra, p. 134 and p. 221. Cf. also Arts.

8 and 85, para. 3 (f), of the Protocol and the related

commentary, supra, p. 445 and p. 998;

(2) [(2) p.1167] Tests by the Dutch Air Force, ' RICR ', March 936, p. 204 (in French only). Test by the Swiss Air Force,

' RICR, ' May 1936, p. 408 (in French only);

(3) [(3) p.1168] Cf. First Convention, Art. 38, first para. Cf. also Ph. Eberlin, ' Protective Signs, ' op. cit., pp.

23-26;

(4) [(4) p.1169] Ph. Eberlin, "Identification of Hospital Ships", ' IRRC ', November-December 1982, p. 315;

(5) [(5) p.1169] ' International Code of Signals, ' IMO,

London, 1985, p. 27; cf. infra, p. 1170. French and Spanish language editions are available;

(6) [(1) p.1170] In accordance with Article 27 of the Second Geneva Convention of 12 August 1949, this chapter also

applies to coastal rescue craft. The expression "rescue

craft" was adopted in 1984 by the International Life-Boat

Conference to designate the coastal craft referred to in

Article 27;