[Gnso-igo-ingo] Follow-up to the second WG call of 20 July 2017 - Reconvened IGO-INGO Working Group on Red Cross and Red Crescent Names and Identifiers

Mon Aug 7 07:12:35 UTC 2017

Dear all,

In case Charlotte's message below did not reach the Group. The message was 
bounced back.

Apologies to those who have already received this.

Kind regards,

Stéphane

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

-----Transféré par Stephane Hankins/DIR_GEN_MOUV_CHF/GVA/ICRC le 
05/08/2017 10:41 ----- 
A : gnso-igo-ingo at icann.org <gnso-igo-ingo at icann.org>
De : Charlotte Lindsey Curtet/CIM_DIR/GVA/ICRC
Envoyé par : Daiana Barbancho Savage/CIM_DIR/GVA/ICRC
Date : 04/08/2017 13:46
Cc: Thomas Rickert <rickert at anwaelte.de>, "James M. Bladel" 
<jbladel at godaddy.com>, Mary Wong <mary.wong at icann.org>, 
"gnso-secs at icann.org" <gnso-secs at icann.org>, mark.carvell at culture.gov.uk, 
<Jorge.Cancio at bakom.admin.ch>, Thomas.Schneider at bakom.admin.ch, 
jennifer.breckenridge at ifrc.org, shankins at icrc.org
Objet : Follow-up to the second WG call of 20 July 2017 - Reconvened 
IGO-INGO Working Group on Red Cross and Red Crescent Names and Identifiers 

Dear Thomas, dear James, 
Dear Members of the reconvened Working Group, 

(1) Further to the discussions held during the second meeting of the 
reconvened Working group IGO/INGO Protections PDP Working Group held on 20 
July, please find attached a copy of the Non-paper we had submitted to 
ICANN’s Board and to the process in 2013. 
The attached includes a descriptive of the legal protections of the Red 
Cross, Red Crescent and Red Crystal designations and of the 
names/identifiers of the respective Red Cross and Red Crescent 
organizations under international law and under the domestic laws in force 
in multiple national jurisdictions. 

It includes as an annex an outline of relevant extracts from the first 
Geneva Convention of 1949 and of the third Additional Protocol adopted in 
2005, and a list of national laws in force in different national 
jurisdictions on the use and protection of the emblems and their 
designations  (the list would require now to be updated to include more 
recent national laws/Governmental decrees, as adopted inter alia in South 
Sudan, Sweden and Venezuela).   

(2) We take note, as underlined during the recent reconvened Working group 
discussions, of the WG’s defined objectives to determine whether the 
current protections accorded to the Red Cross and Red Crescent 
designations and identifiers (as included under Specification 5 of the 
Model Registry Agreement) should be confirmed as permanent.

In line with the recommendations of the NGPC/the Board's Resolutions that 
the GNSO’s 2013 Recommendations be reconciled with the GAC’s consistent 
advice, this would imply that the GNSO’s 2013 recommendations be revised 
on two counts: 

- firstly, to extend the protections accorded to the Red Cross, Red 
Crescent and Red Crystal designations (Scope 1 identifiers) to the full 
exact match names of the respective Red Cross and Red Crescent 
organizations (Scope 2 identifiers); and 
- second, to confirm the protections of the Red Cross and Red Crescent 
designations and identifiers (Scope 1 and Scope 2) as permanent.

(3) As recalled during the last reconvened Working Group session and in 
line with the GNSO’s decision to initiate its process for Amendments or 
Modifications of Approved Policies with regard to Recommendation 5 Section 
3.1 of the 2013 Final Report, the extension of the protections should 
importantly be made to cover not only the names of the respective National 
Red Cross and Red Crescent Societies (190 in total to date), but also the 
full exact match names of the two international components of the 
International Red Cross and Red Crescent Movement in the six UN languages. 
This is congruent with the definition of Scope 2 identifiers as included 
in the Final Report of the 2013 PDP – page 10. 
This is also confirmed under the Board’s Resolution (2017.03.16.13) and 
the latter's Operative paragraph (1). 
Reference is also made in this regard to the GAC’s consistent advice [as 
expressly stipulated in the GAC Communiqués adopted in Singapore (27 March 
2014), Los Angeles (15 October 2014), Singapore (11 February 2015), and 
confirmed in subsequent advice] that the Red Cross and Red Crescent 
identifiers be afforded permanent protections. We wish to underline in 
this regard that the names of the International Committee of the Red 
Cross, of the International Federation of Red Cross and Red Crescent 
Societies, and of the International Red Cross and Red Crescent Movement 
are included under Specification 5 to the Model Registry Agreement and 
already enjoy temporary protections. 

(4) With respect to the ICRC and IFRC acronyms (also included under the 
definition of Scope 2 names adopted by the GNSO in 2013), the extension of 
the permanent protections is not requested here, and thus in line with the 
GAC’s past advice, as adopted in Durban (18 July 2013), that “[t]he same 
complementary cost neutral mechanisms to be worked out […] for the 
protections of IGO’s be used to also protect the acronyms of the 
International Committee of the Red Cross (ICRC/IFRC) and the International 
Federation of Red Cross and Red Crescent Societies (IFRC/FICR)”. Given 
however the importance of also protecting the acronyms of the ICRC and of 
the IFRC (particularly the ICRC acronym under which the ICRC is very 
commonly known and identified and which forms a part of the ICRC’s 
institutional logo), we would propose that the reconvened WG consider to 
issue also a recommendation in regard to the ICRC and IFRC acronyms in 
line with the GAC’s above-mentioned Durban Communiqué. 

(5) Lastly and further to recent exchanges with ICANN Staff, we wish to 
inform the members of the reconvened Working Group that, in line with the 
agreement during the Facilitated discussion held in Copenhagen, we are 
amenable to work further on a revised list of Red Cross and Red Crescent 
identifiers to replace the current list included under Specification 5 – 
this would notably aim to amend the current titles of the two categories 
of Red Cross and Red Crescent designations and identifiers (as these do 
not offer clarity) and to further harmonize the list of National Red Cross 
and Red Crescent Societies identifiers (and their limited and well defined 
variations). 

We also wish members of the WG to note, as indicated during the Copenhagen 
discussion, that a new National Society is in the process of formation and 
recognition, namely the “Marshall Islands Red Cross Society” and that its 
name will also soon require to be added to the list. 

Please do not hesitate to contact us should you require any further 
clarification. 

With kind regards,

Charlotte 

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

Annexes: 

- ICRC and IFRC Position paper to ICANN's Board, July/August 2013¨

- Extracts from the Government Advisory Committee's Communiqués relevant 
to the protection of the Red Cross and Red Crescent designations and 
identifiers:

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