[Discussion-igo-rc] Working session on the protections for Red Cross and Red Crescent Movement names and identifiers in gTLDs - Follow-up

Fri Mar 24 13:51:35 UTC 2017

Dear Bruce, dear Members of the Working Group,

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.

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.

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:

(1) The permanent reservation and protections are sought for:

-   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;

-   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). 
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.

(2) The reservations sought are grounded in 

-  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 and under the laws in force in 
multiple national jurisdictions;

(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); 
and

- 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. 

(3) As regards the list of names and identifiers of National Red Cross and 
Red Crescent Societies' names, the following should be noted: 

- 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). 

See the Preamble and Article 4 (Conditions for recognition of National 
Societies) of the Statutes of the International Red Cross and Red Crescent 
Movement (https://www.icrc.org/eng/assets/files/other/statutes-en-a5.pdf).

- 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 
finite list 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.

There are to date 196 High Contracting Parties to the 1949 Geneva 
Conventions and 190 National Red Cross and Red Crescent Societies.

There are two new National Societies today in the process of creation and 
which might be considered for recognition in the near future. 

-  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) and  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.  

- Where required, the reservation is sought for the names and identifiers 
with slight variations, such as with or without hyphens; with or without 
the inclusion of the article "The" or the word "Society".

- 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.

(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 complementary 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.  

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.

Kind regards,

Charlotte Lindsey Curtet
Director
Communication and Information Management Department
International Committee of the Red Cross (ICRC)
Tel: + 41 22 730 2773
email: clindsey at icrc.org
www.icrc.org

Stéphane J. Hankins
Legal adviser
Cooperation and coordination within the Movement
International Committee of the Red Cross (ICRC)
Tel (direct line): ++0041 22 730 24 19

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