<font size=2 face="sans-serif">Dear Bruce, dear Members of the Working
Group,<br>
<br>
We would like to begin by thanking Bruce for so ably facilitating the Working
session held during ICANN 58 in Copenhagen on the Protections for Red Cross
and Red Crescent names and identifiers in gTLD's and to all members of
the Working group for their active participation. All gratitude also to
concerned ICANN Staff for organising and holding the session.<br>
<br>
We welcome the outcomes of the Working Group discussions and the subsequent
Board Resolution adopted in Copenhagen and are trustful that the process
will result in a satisfactory resolution and a reconciliation between GAC
advice and of the GNSO's 2013 Policy Recommendations.<br>
<br>
Further to the facilitated dialogue and to the questions raised on the
occasion of the recent Working session, we would like to take this opportunity
to confirm the following points:<br>
<br>
(1) The permanent reservation and protections are sought for:</font>
<br><font size=2 face="sans-serif"> </font>
<br><font size=2 face="sans-serif">- The names and identifiers of
the 190 National Societies recognized within the International Red Cross
and Red Crescent Movement (Movement), and thus, in the national language
(or languages) of their respective national States;<br>
<br>
- The names of the two international organizations or components
of the Movement, namely, the International Committee of the Red Cross and
the International Federation of Red Cross and Red Crescent Societies, in
the six (6) United Nations languages (which are also the six (6) official
languages of the International Federation), as well as the most usual initials/acronyms
of both organizations (i.e. ICRC/CICR/MKKK and IFRC/FICR). <br>
NB: The initials/acronym MKKK was included in our past recommendations
to the GNSO PDP (and referenced in the GNSO's policy recommendations),
but was omitted from the relevant paragraph of the GAC's Dublin Communiqué.</font>
<br><font size=2 face="sans-serif"> </font>
<br><font size=2 face="sans-serif">(2) The reservations sought are grounded
in </font>
<br>
<br><font size=2 face="sans-serif">- The protections of the designations
"Red Cross, "Red Crescent", "Red Lion and Sun"
and "Red Crystal under the 1949 Geneva Conventions and their Additional
Protocols of 1977 and 2005 <i>and</i> under the laws in force in multiple
national jurisdictions;<br>
<u><br>
(It is noted that the Board's Resolution adopted in Copenhagen fails, unfortunately,
to reference the protections of the designations and names under international
law and the afore-mentioned international treaties)</u>; and<br>
<br>
- The global public interest in ensuring the protections of the names and
identifiers of the different Red Cross and Red Crescent organisations (national
and international) from all forms of abuse, including fraudulent use and
embezzlement. </font>
<br><font size=2 face="sans-serif"> </font>
<br><font size=2 face="sans-serif">(3) As regards the list of names and
identifiers of National Red Cross and Red Crescent Societies' names, the
following should be noted: </font>
<br><font size=2 face="sans-serif"> </font>
<br><font size=2 face="sans-serif">- There can only be one Red Cross or
one Red Crescent Society in any one country - this results from the Movement's
Fundamental Principle of Unity and is confirmed under Article 4 of the
Statutes of the International Red Cross and Red Crescent Movement (as adopted
by the International Conference of the Red Cross and Red Crescent and therefore
adopted by, and committing upon, all States and on all components of the
Movement). <br>
<br>
See the Preamble and Article 4 (Conditions for recognition of National
Societies) of the Statutes of the International Red Cross and Red Crescent
Movement (</font><a href="https://www.icrc.org/eng/assets/files/other/statutes-en-a5.pdf"><font size=2 color=#2200a1 face="Arial"><u>https://www.icrc.org/eng/assets/files/other/statutes-en-a5.pdf</u></font></a><font size=2 face="sans-serif">).<br>
<br>
- The list of National Red Cross and Red Crescent Societies recognized
by the ICRC as Movement components (and admitted as members of the IFRC)
is a <i>finite list</i> and is only liable to increase subject to strict
criteria and conditions - the first criteria being that the National Society
applying for recognition in the Movement must be established on the territory
of a State party to the 1949 Geneva Conventions.<br>
<br>
There are to date 196 High Contracting Parties to the 1949 Geneva Conventions
and 190 National Red Cross and Red Crescent Societies.<br>
<br>
There are two new National Societies today in the process of creation and
which might be considered for recognition in the near future. <br>
<br>
- The permanent reservations are sought for 1) the exact match names
of the respective National Societies in their official form (as included
in the list downloaded from the IFRC website) <i>and</i> 2) as applicable,
in their usual form. For instance, with regard to the American Red Cross,
both the official name "American National Red Cross" and the
usual name "American Red Cross" are for now temporarily reserved
and proposed for permanent reservation. <br>
<br>
- Where required, the reservation is sought for the names and identifiers
with slight variations, such as <i>with</i> or<i> without</i> hyphens;
<i>with</i> or <i>without</i> the inclusion of the article "The"
or the word "Society".<br>
</font>
<br><font size=2 face="sans-serif">- A conversation is under way with Mary
and other concerned ICANN staff colleagues (which has included as series
of detailed exchanges in the past) in order to resolve remaining issues
with the list of National Society names and identifiers submitted for reservation
and included under Specification 5. Issues remaining to be resolved relate
to certain technical constraints in reserving strings in certain fonts
or to the lengths of certain strings submitted for reservation. A recommendation
has also been submitted by the Movement for a modification of the titles
of the two categories of Red Cross and Red Crescent names and identifiers
included under Specification 5 as these remain unclear.</font>
<br><font size=2 face="sans-serif"> </font>
<br><font size=2 face="sans-serif">(4) We take note lastly of the discussion
during the recent Working Group discussions in Copenhagen underlining the
importance and relevance of capping or complementing the permanent reservation
of the Red Cross and Red Crescent names and identifiers with a <i>complementary</i>
curative rights approach and thus, bearing in mind the importance of ensuring
the possibility of an objection or rapid take down mechanism - e.g. if
strings are improperly registered or in the event of requests for registration
of strings confusingly similar to the Red Cross or Red Crescent names and
identifiers in the context of a humanitarian emergency. <br>
<br>
Many thanks once again for hosting the facilitated dialogue during ICANN
58. We remain available to provide any further assistance that would be
necessitated and to take part in any future consultations in this matter
to be held under ICANN/GNSO auspices.<br>
<br>
Kind regards,<br>
<br>
</font>
<br><font size=2 face="sans-serif">Charlotte Lindsey Curtet</font>
<br><font size=2 face="sans-serif">Director</font>
<br><font size=2 face="sans-serif">Communication and Information Management
Department</font>
<br><font size=2 face="sans-serif">International Committee of the Red Cross
(ICRC)</font>
<br><font size=2 face="sans-serif">Tel: + 41 22 730 2773</font>
<br><font size=2 face="sans-serif">email: clindsey@icrc.org</font>
<br><a href=www.icrc.org><font size=2 color=blue face="sans-serif">www.icrc.org</font></a><a href=http://www.voicestoaction.org/></a>
<br>
<br><font size=2 face="sans-serif">Stéphane J. Hankins<br>
Legal adviser<br>
Cooperation and coordination within the Movement</font>
<br><font size=2 face="sans-serif">International Committee of the Red Cross
(ICRC)<br>
Tel (direct line): ++0041 22 730 24 19</font>
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