What are the protective emblems? How are they protected under the IHL?

Protective emblems are symbols or signs used to identify individuals, objects, or facilities that are entitled to special protection under international humanitarian law (IHL) during armed conflict. These emblems serve as visual indicators of their protected status, signaling to combatants and other parties to the conflict that they must be respected and spared from attack. The most widely recognized protective emblems are the Red Cross, the Red Crescent, and the Red Crystal.

1. Red Cross: The Red Cross emblem consists of a red cross on a white background. It is the original and most widely known protective emblem, representing the International Red Cross and Red Crescent Movement. The Red Cross emblem is used by the International Committee of the Red Cross (ICRC), national Red Cross and Red Crescent societies, and their personnel to signify their humanitarian mission and protection under IHL.

2. Red Crescent: The Red Crescent emblem consists of a red crescent moon on a white background. It was introduced as an alternative emblem to the Red Cross to accommodate Muslim countries that objected to the use of the cross symbol on religious grounds. The Red Crescent emblem is used by national Red Crescent societies and their personnel in predominantly Muslim countries.

3. Red Crystal: The Red Crystal emblem, also known as the Red Diamond, was introduced in 2005 as an additional protective emblem to provide a neutral symbol for countries that do not use the cross or crescent symbols. It consists of a red square standing on one corner on a white background. The Red Crystal emblem is used by national societies and their personnel in countries that opt for its use instead of the Red Cross or Red Crescent emblems.

Protective emblems are protected under IHL to ensure that individuals, objects, and facilities bearing these symbols are respected and protected from attack during armed conflict. The protection of these emblems is primarily outlined in the Geneva Conventions of 1949 and their Additional Protocols, as well as customary international law. Key provisions include:

1. Respect and Protection: Parties to a conflict are required to respect and protect personnel, vehicles, and facilities displaying protective emblems from attack, capture, or harm. This includes medical personnel, medical units, and medical transports bearing the emblems of the Red Cross, Red Crescent, or Red Crystal.

2. Identification: The use of protective emblems serves as a means of identification, allowing combatants and other parties to the conflict to recognize and distinguish individuals, objects, and facilities entitled to special protection under IHL. This facilitates the delivery of humanitarian assistance and medical care to those in need.

3. Prohibition of Misuse: IHL prohibits the improper use, misuse, or perfidious use of protective emblems, as well as any act that would undermine their protective value or cause confusion about their meaning. This includes using protective emblems for military purposes, deception, or camouflage.

4. Distinctive Sign: Protective emblems are considered distinctive signs of the Red Cross and Red Crescent Movement and are protected as such under IHL. Their use is regulated by the Geneva Conventions and their Additional Protocols, which establish rules for the use, protection, and respect of these emblems during armed conflict.

The protection of protective emblems under IHL is crucial for ensuring the safety and security of humanitarian personnel, facilities, and operations during armed conflict, and for upholding the principles of humanity, impartiality, and neutrality in the provision of humanitarian assistance and protection. Violations of the protection afforded to protective emblems can constitute war crimes under international law and may lead to individual criminal responsibility.