On 8 December 2005, in Geneva, the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), was adopted. The diplomatic conference ran from 5 to 8 December. Depositary: the Swiss Federal Council. Authentic texts: Arabic, Chinese, English, French, Russian and Spanish. It is not Additional Protocols I and II of 1977 and not Protocol III to the Convention on Certain Conventional Weapons.

The preamble reaffirms Articles 26, 38, 42 and 44 of the First Geneva Convention and, where applicable, the 1977 Protocols, supplements those provisions without prejudice to the right of Parties to continue the emblems they already use, and recalls that respect for protected persons and objects does not depend on use of the emblem. The distinctive emblems are not intended to have any religious, ethnic, racial, regional or political significance. The International Red Cross and Red Crescent Movement retains its current names and emblems.

Article 1: the Parties undertake to respect the Protocol in all circumstances; it supplements the 1949 Conventions and, where applicable, the 1977 Protocols relating to the red cross, the red crescent and the red lion and sun, and applies in the same situations. Article 2 recognizes an additional distinctive emblem, with equal status: a red frame in the shape of a square on edge on a white ground, conforming to the Annex, referred to as the third Protocol emblem. Conditions for use and respect are identical to those of the 1949 emblems. Medical services and religious personnel of the armed forces may, without prejudice to their current emblems, make temporary use of any of the emblems where this may enhance protection.

Article 3: National Societies that decide to use the third Protocol emblem may, for indicative purposes and in conformity with national legislation, incorporate within it a distinctive emblem recognized by the Conventions or a combination of those emblems, or another emblem which has been in effective use by a Party and was the subject of a communication to the other Parties and the ICRC through the depositary prior to adoption. In exceptional circumstances National Societies may make temporary use of the emblem in Article 2. Article 4: the ICRC and the International Federation, and their duly authorized personnel, may use it in exceptional circumstances to facilitate their work. Article 5: medical services and religious personnel in operations under United Nations auspices may use one of the emblems, with the agreement of participating States.

Article 6: the Geneva Conventions provisions on prevention and repression of misuse apply equally to the third Protocol emblem, including perfidious use and imitations; prior users may continue, provided the use would not appear in armed conflict to confer protection and provided the rights were acquired before adoption. Article 7: dissemination in time of peace as in time of armed conflict, in particular in programmes of military instruction.

Article 8: open for signature on the day of adoption for twelve months. Articles 9-10: ratification as soon as possible and accession, instruments with the Swiss Federal Council. Article 11: the Protocol enters into force six months after two instruments have been deposited, hence on 14 January 2007; for each later Party, six months after its instrument. Article 12: when Parties to the Conventions are also Parties to this Protocol, the Conventions apply as supplemented; they remain bound inter se, and towards a Party to the conflict not bound by the Protocol if the latter accepts and applies its provisions.

Article 13: amendments through a conference convened by the depositary after consultation with the Parties, the ICRC and the Federation. Article 14: denunciation takes effect one year after receipt, postponed until the end of the armed conflict or occupation if the Party is then so engaged. Article 15: notifications of signature, ratification, accession, entry into force, amendments and denunciations. Article 16: registration with the United Nations Secretariat under Article 102 of the Charter. Article 17: the original, in the six languages, is deposited with the depositary, which transmits certified true copies.

Image: Assembly Hall, Palais des Nations, Geneva; Nick-D, 14 June 2016; CC BY-SA 4.0, Wikimedia Commons. Cropped to 16:9.

Source consulted: Protocol III to the Geneva Conventions. Treaty text: Additional Protocol III relating to the Adoption of an Additional Distinctive Emblem, Geneva, 8 December 2005.