Law of Georgia on
the Emblem and Name of the Red Cross and Red Crescent
Societies
Chapter I
Use and Protection of Emblem and Name of the Red Cross and Red Crescent Societies
Article 1
In accordance with the Geneva Conventions of August 12, 1949 (hereafter the Geneva Conventions), their additional protocols of June 8, 1977 (hereafter the additional protocols), also rules adopted by national societies at XX Vienna International Conference of the Red Cross and Red Crescent Societies in 1965, the present law protects:
a) the Red Cross and Red Crescent emblems on the white background (hereafter - emblem);
b) names "Red Cross" and "Red Crescent";
c) identification signs of medical-sanitary transport and personnel.
Article 2
1. The emblem is used in cases envisaged by the present law, the Geneva Conventions and their additional protocols as a protective and distinguishing sign.
2. The emblem is a symbol of mitigation of the sufferings of victims of armed conflicts, social and natural disasters; it requires orderly usage and respectful treatment.
3. In armed conflicts the emblem used for protective purposes is a visual expression of the protection that the Geneva Conventions and its additional protocols designate to medical personnel, medical-sanitary units and transport.
4. The emblem used for protective function has the same form as the one used for the identification purpose, only its size is maximally bigger in order to be seen from a distance.
5. The emblem with distinguishing function is smaller compared to the emblem used for protective function and denotes a person or object's association with the International Federation of Red Cross and Red Crescent Societies.
Article 3
Among national non-governmental organizations under the Georgian legislation only the Red Cross Society of Georgia enjoys the right to use the name "Red Cross".
Article 4
In armed conflicts developed on the territory of Georgia, the emblem can be used only by:
a) medical-sanitary agencies of Georgian military forces;
b) hospitals and other civil medical objects involved in providing medical assistance to victims;
c) the Red Cross Society of Georgia.
Article 5
1. In armed conflicts on the territory of Georgia only following persons and objects can be granted the right to use the emblem for protective purposes:
a) persons:
a.a) medical personnel of other organizations controlled by the government and invited on voluntary basis by combatants for assisting medical-sanitary agencies;
a.b) employees of Red Cross, Red Crescent national societies of neutral (in this conflict) and other countries;
a.c) medical personnel of the body having function of civil defense;
a.d) medical personnel of civil hospitals authorized by the government and being in the conflict, or evacuation zone;
a.e) religious persons accompanying military forces and their medical-sanitary agencies.
b) objects:
b.a) medical and sanitary objects of military forces;
b.b) medical establishments;
b.c) buildings of medical usage;
b.d) medical equipment;
b.e) air, land and sea transport means (airplane, helicopter, train, car, ship, etc.) that serve for transporting wounded and medical equipment;
b.f) hospitals;
b.g) seaside-rescue transport controlled by the government.
2. Combatants will be informed about the persons and objects specified in Point 1 of this Article.
Article 6
General permission on using emblem with protective function for each category of persons and objects defined in Article 5 is issued by the Ministry of Defense of Georgia. Units of the Red Cross Society of Georgia assisting medical-sanitary agencies of the Georgian military forces use the Red Cross emblem with protective function.
Article 7
Persons specified in Article 5 and representatives of organizations listed in Article 12 of the present law who enjoy the right to use the emblem in emergency situations and armed conflicts, should carry with themselves identification cards with photo and thermograph. The identification document should include the person's position; in addition to it, they should have a badge with emblem and seal on the left arm. The identification card should correspond by form and contents to the standards defined by the Geneva Conventions.
Article 8
The identification cards and badges for the persons referred to in Article 7 of the present law are issued and registered by the Ministry of Defense of Georgia.
Article 9
During internal conflicts in Georgia, in agreement with conflicting sides, the Red Cross Society of Georgia is authorized to independently decide who and how will use the emblem with protective function.
Article 10
Lights, radio and electric signals are used in accordance with the first additional protocol of the Geneva Conventions.
Article 11
The emblem can be used anytime by medical sanitary agencies of the Georgian military forces for denoting their personnel, and land, air and sea transport facilities.
Article 12
The International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies are authorized to use the emblem for protective or distinguishing purposes anytime and in any activities on the entire territory of Georgia.
Article 13
The Red Cross Society of Georgia enjoys the right to use the Red Cross emblem for distinguishing function anytime, according to the principles of the Red Cross and Red Crescent International Movement.
Article 14
In peaceful times, with the consent of the Red Cross Society of Georgia, the distinguishing emblem of the Red Cross Society of Georgia can be used by emergency transport means and first aid centres that provide free medical care for the wounded and sick.
Article 15
The Red Cross Society of Georgia is authorized to use the Red Cross emblem with full name of the society or its initials for marking humanitarian goods on land, air and sea transportation means intended for victims of natural disasters or armed conflicts.
Article 16
The Red Cross Society of Georgia enjoys the right to use the Red Cross emblem on publications, different advertising materials, or other products for sale. In these cases the emblem should be of little size carrying the full name of the society.
Article 17
The Red Cross Society of Georgia is authorized to use the Red Cross emblem for fund raising activities but strictly adhering to the rules of the emblem use defined by national societies of the International Federation of Red Cross and Red Crescent Societies.
Article 18
The use of emblem with distinguishing function is controlled by the Red Cross Society of Georgia and law-enforcment authorities.
Chapter II
Transitional Provisions
Article 19
The Red Cross sign as a symbol denoting medical and pharmaceutical establishments shall be abolished on the entire territory of Georgia.
Article 20
The Committee of Health Care and Social Issues of the Parliament of Georgia together with appropriate bodies of the executive government will ensure the development of a new symbol denoting medical and pharmaceutical establishments.
Article 21
In a three-month period from the enactment of the present law the Ministry of Internal Affairs of Georgia shall ensure the development of a new traffic sign for health care establishments.
Article 22
All organizations under the Georgian legislation operating on the territory of Georgia except the Red Cross Society of Georgia are prohibited to use the names "Red Cross" and "Red Crescent" as their names.
Article 23
Violation of the requirements of the given law raises responsibility under the Georgian legislation.
Chapter III
Conclusive Provisions
Article 24
This law will enter into force upon its publishing.
President of Georgia
Eduard Shevardnadze
Tbilisi,
October 16, 1997
№909-IS
|
