The Red Cross emblem is not just any other symbol but an emblem that is to be respected and given proper acknowledgment as a symbol of humanitarian work all over the world. More important, the Red Cross emblem is a protection for those working in areas of conflict to be able to provide humanitarian and medical services to the most vulnerable and affected population.
Misuse of the emblem, even unintentionally, and even in times of peace, weakens the effectiveness should war break out. Unfortunately, the Red Cross emblem is misused everywhere, on pharmacy signs, doctors’ calling cards, children’s dress-ups, toy sets, Halloween costumes, ads for mobile phone repairs, first aid kits, security guard uniforms and many others. The Red Cross has become a generic sign of medical aid and a universal logo for health and help.
More recent, the Red Cross emblem has been used in fun runs, in religious processions, such as the Traslación in Quiapo, in cosmetic surgery clinics and even in military tanks and jeeps used by active combatants, not by authorized medical personnel. Most people do not know that the Red Cross emblem has 150 years of history. I am proud to be a Red Cross volunteer and a governor of the Philippine Red Cross and, therefore, familiar with the origin of the Red Cross emblem.
The Red Cross came into being as a result of the advocacy work of a Swiss businessman, Henri Dunant. Dunant was on a business trip to northern Italy in June 1859, when he came across the aftermath of the Battle of Solferino—one of the bloodiest battles fought during the Italian Wars of Independence. Nearly 40,000 men were dead or wounded, left behind as their respective armies retreated. For three days the villagers of nearby Castiglione, Dunant among them, brought the injured food, water and shelter, and buried the dead. Dunant’s experience so moved him that, upon his return to his home in Geneva, he called on nations to establish some kind of organization that could assist the wounded and sick in the armed forces in times of armed conflict.
In the decades following the adoption of the Red Cross, the emblem was widely used by armed forces as a sign of medical aid and care. So successful was the emblem that commercial enterprises began to capitalize on the goodwill of the symbol, with makers of medical supplies, household goods and even ladies’ shoes, branding themselves as “red cross.” Concerned that such commercialization would devalue the Red Cross emblem, and perhaps even cause confusion in times of armed conflict, the 1949 Geneva Convention included an international law protecting the Red Cross. It can only be used in specially designated circumstances, and the use of the emblem in any unauthorized situations was prohibited.
Dunant’s idea eventually gave birth to the “International Committee for Relief to Wounded Soldiers”—which eventually became the International Committee of the Red Cross. In order to maintain its status as neutral, nonpartisan, humanitarian caregivers, the Committee realized it would need some kind of distinctive symbol, worn on one’s person.
A white cloth with a red cross was suggested, likely a tribute to the Swiss flag, which is a white cross on a red background. The Red Cross was born in 1864. It was followed in later years by the Red Crescent (1929) and the Red Crystal (2005).
In the Philippines Republic Act (RA) 10530, also known as the Emblem law, was signed into law in May 2013. The enactment of this law by Philippine Congress fulfills the obligation of the State to adopt national legislation regulating the use of the emblems and penalizing offenders. The law enhances respect for the three emblems of humanity—the Red Cross, Red Crescent and Red Crystal—and penalizes its misuse, increasing the protection of specially designated persons, installations and vehicles providing life-saving assistance for victims of armed conflict.
These emblems, which are neutral and free from any religious, ideological, cultural or political value, are internationally recognized symbols of the protection that international law confers on the wounded and sick, and those caring for them in times of armed conflict. The implementing rules and regulations was adopted in 2017 and was published in the Official Gazette on April 9. Thus, the IRR is now in full effect.
The Departments National Defense, Health and Trade and Industry, in consultation with the Philippine Red Cross, are mandated to ensure strict compliance with RA 10530 and its IRR. Under the supervision of the DND, the Armed Forces of the Philippines shall, both in peacetime and during armed conflict, use the Red Cross to identify its medical service personnel, medical units and transports on the ground, sea and air, particularly within combat zones or during combat operations, medical missions and similar activities where threat of attack may occur. Religious personnel, organic or attached to the Chaplain Service, AFP, shall be afforded the same protection as medical service personnel and shall be identified in the same way.
The staff and volunteers of the International Red Cross and Red Crescent Movement may use these emblems while undertaking their humanitarian tasks. The Movement includes the PRC and other national Red Cross and Red Crescent societies, International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies.
Trade names, business names, trademarks, service marks, collective marks, other marks of ownership, utility models and industrial designs making use of the emblem of the Red Cross, the Red Crescent or the Red Crystal or their translations in any official language and dialect cannot be used or registered without the consent of the Philippine Red Cross. For this purpose, the DTI, Securities and Exchange Commission and Intellectual Property Office shall include in their respective rules and regulations provisions for the effective implementation of the provision of the IRR regarding this matter.
The misuse of the emblems by drug stores, on first-aid kits, in clothing designs, etc., will be penalized a minimum fine of P50,000 and/or imprisonment, at the discretion of the court for each and every violation. The misuse of the emblems in armed-conflict situations, with an intent to deceive an adversary and make him or her believe that the other person is protected under international humanitarian law (“perfidy”), is considered a war crime and is punishable by up to 40 years imprisonment and a fine of up to P1 million.
Respect for the Red Cross/Red Crescent emblem will save lives. That life could be yours!