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15Nov16 - SSD
Regulations for Restricted Use of the Emblem of Red Cross, Red Crescent and Red Crystal, 2016
- Republic of South Sudan-
Table of Contents
Regulations
CHAPTER I
PRELIMINARY PROVSITIONS1. Title and Commencement
2. InterpretationsCHAPTER II
PROHIBATION OF MISUSE OF EMBLEMS3. Restrictive use of Emblem
4. Indicative use of Emblem
5. Restrictive use by the Medical Service of the Armed Forces
6. Protective use by Hospitals and other Civilian Medical Units
7. Protective use by the South Sudan Red Cross
8. Indicative use by the South Sudan Red Cross
9. Use of Emblem by Components of International Red Cross and Red Crescent MovementCHAPTER III
PROHIBITION OF REGISTRATION OF EMBLEMS10. Prohibition of Registration
11. Role of the South Sudan Red Cross.
In exercise of the powers conferred upon me under section 18 of Geneva Convention Act, 2012,1 hereby make the following Regulations:
CHAPTER I
PRELIMINARY PROVSITIONS1. Title and Commencement
These regulations may be cited as "Regulations for Restricted Use of the Emblem of Red Cross, Red Crescent and Red Crystal, 2016" and shall come into force on the date of signature.
2. Interpretations
In these Regulations, unless the context otherwise requires:
"Act" means Geneva Convention Act, 2012.
"Emblem" means design that represents red cross, red crescent and red crystal on white ground.
"Armlet" means water resistant piece of white cloth bearing in its center a small emblem to be worn on left arm of medical or religious personnel during armed conflict.
"International Movement" means the international red cross and red crescent movement and its component parts namely, the International Committee of the Red Cross, International Federation of the Red Cross and the National Red Cross, Red Crescent and Red Crystal societies of nation states.
"Minister" means the Minister responsible for Justice.
CHAPTER II
PROHIBITION OF MISUSE OF EMBLEMS3. Restrictive use of Emblem
The emblem used is a device and visible sign of protection conferred by the Geneva Conventions and their Additional Protocols on medical personnel, medical units and transports in time of armed conflict.
4. Indicative use of Emblem
The emblem used as an indicative device shows that a person or an object is linked to an institution of the International Movement of the Red Cross and Red Crescent. The emblem shall be of a small size.
5. Restrictive use by the Medical Service of the Armed Forces
(1) The medical service of the armed forces of the Republic of South Sudan in the ministry responsible for defence shall, both in peacetime and in time of armed conflict, use the emblem of the Red Cross to mark its medical personnel, medical units and transports on the ground, at river and in the air.
(2) The medical personnel mentioned in Sub-Regulation (1) of this Regulation shall wear armlets and carry identity cards displaying the emblem. The armlets and identity cards shall be issued by the ministry responsible for defence.
(3) Religious personnel attached to the armed forces shall be afforded the same protection as medical personnel and shall be identified in the same manner.
(4) Without prejudice to current emblem, the medical services and religious personnel attached to the armed forces may make temporary use of distinctive emblems recognized by the Republic of South Sudan, and shall enjoy equal status under the Geneva Conventions and Additional Protocols.
6. Protective Use by Hospitals and Other Civilian Medical Units
(1) With the express authorization of the Minister civilian medical personnel, hospitals and other civilian medical units, and civilian medical transports, assigned to transport and treatment of the wounded, sick and shipwrecked shall be marked by the emblem used as a protective device in time of armed conflict.
(2) Civilian medical personnel shall wear armlets and carry identity cards displaying the emblem. The armlets and identity cards shall be issued by the Minister.
(3) Civilian religious personnel attached to hospitals and other medical units shall be afforded the same protection as civilian medical personnel.
7. Protective Use by the South Sudan Red Cross
(1) The South Sudan Red Cross is authorized to use the emblem as a protective device for its medical personnel and medical units in accordance with Regulation 8 of these Regulations.
(2) The South Sudan Red Cross is authorized to place medical personnel and medical units and transports at the disposal of the medical service of the armed forces of the Republic of South Sudan.
(3) The personnel, units and transports mentioned in Sub-Regulation (1) of this Regulation shall not be subject to military laws and regulations and shall display as a protective device the emblem of the red cross or where this may enhance protection, to make temporary use of either of the other distinctive emblems recognized by Republic of South Sudan, and enjoy equal status under the Geneva Conventions and the Additional Protocols. Such personnel shall wear armlets and carry identity cards, in accordance with Sub-Regulation (3) and Sub-Regulation (2) of these Regulations.
8. Indicative use by the South Sudan Red Cross
(1) The South Sudan Red Cross is authorized to use small size emblem as an indicative device in order to show that a person or an object is linked to the South Sudan Red Cross.
(2) The South Sudan Red Cross may, in exceptional circumstances and to facilitate its work, make temporary use of the red crystal.
(3) National Red Cross, Red Crescent or Red Crystal Societies of other countries present on the territory of South Sudan shall, with the consent of the South Sudan Red Cross, be entitled to use the emblem within the existing legal framework.
9. Use of Emblem by Components of International Red Cross and Red Crescent Movement
(1) The International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies may make use of the emblems of the red cross or red crescent at any time for all their activities.
(2) The International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies, and their duly authorized personnel, may make use of the red crystal in exceptional circumstances so as to facilitate their work.
CHAPTER III
PROHIBITION OF REGISTRATION OF EMBLEMS10. Prohibition of Registration
(1) No person shall register any sign or signal of the Red Cross, Red Crescent or Red Crystal as a trade mark or industrial model.
(2) Government institutions at all levels are prohibited from registration of any sign or signal of the Red Cross, Red Crescent or Red Crystal.
11. Role of the South Sudan Red Cross
The South Sudan Red Cross shall cooperate with the relevant authorities to prevent and repress any misuse of emblem of Red Cross, Red Crescent or Red Crystal by informing any of the relevant authorities about misuse of such emblem.
Issued under my hand in Juba on this 15th day of November, 2016
Paulino Wanawilla Unango
Minister,
Ministry of Justice and Constitutionnal Affairs
Juba, RSS
[Source: International Committee of the Red Cross.]
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This document has been published on 01Aug17 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
