Key Benefits:
875 OF 2004
(January 2)
Official Journal No. 45.418 of 2 January 2004
PUBLIC POWER-LEGISLATIVE BRANCH
For which the use of the Red Cross and Red Crescent emblem and other emblems protected by the Geneva Conventions of August 12, 1949 and their additional protocols are regulated.
THE CONGRESS OF THE REPUBLIC OF COLOMBIA
DECRETA:
GENERAL RULES.
ARTICLE 1o. OBJECTIVE OF THE REGULATION AND SCOPE OF LAW. Without prejudice to the provisions of the four Geneva Conventions of 1949 and their Additional Protocols, this law is intended to:
1. Protect the emblem, name and term of the "Red Cross", regulating the use to be given.
2. To protect the distinguishing signals for the identification of the units and the means of transport, in accordance with Annex I to the Additional Protocol I of 1977.
3. Protect the mission of the National Society of the Colombian Red Cross and the other components of the International Red Cross Movement or the name "Red Cross" and the Red Crescent or the abuse of the White Cross, through the correct use of the Red Cross emblem.
4. Establish the necessary controls and sanctions to ensure the correct use of the Red Cross emblem.
PARAGRAFO. This law will be applied integrally to the use of the Red Crescent emblem, other emblems, signs and signs, as well as the term "red crescent" set out in the Geneva Conventions of 1949 or in the Additional Protocols.
ARTICLE 2o. FROM THE EMBLEM TO PROTECTIVE TITLE. The use of the emblem as a protective title in time of armed conflict is the visible manifestation of the protection conferred by the Geneva Conventions with their additional protocols to certain categories of persons and property, in particular, health personnel, as well as health units and means of transport.
The emblem will have the greatest possible dimensions and will only carry the red cross on white background as laid down in the Geneva Conventions, their Additional Protocols and the present law.
In order to achieve visibility from all directions and from as far away as possible, especially from the air, the emblem will be placed in flags, on a flat surface or in any other way adapted to the terrain configuration. At night or when the visibility is low, the emblem may be illuminated or illuminated in accordance with the provisions of Annex I to Additional Protocol I of 1977.
ARTICLE 3o. FROM THE EMBLEM TO AN INDICATIVE TITLE. The emblem used for an indicative title identifies a person or who has a link with a component of the International Red Cross and Red Crescent Movement. The emblem shall be of relatively small dimensions and shall be accompanied by the legend indicative of the component of the International Movement to which the person belongs or the good that enjoined it, in accordance with the provisions of its Statute and internal regulations.
RULES REGARDING THE USE OF THE EMBLEM.
ARTICLE 4. OF THE USE OF THE EMBLEM. The emblem of the Red Cross as well as the term "red cross" may only be used for the purposes provided for in the Geneva Conventions of 1949 and its Additional Protocols.
ARTICLE 5o. USE OF THE EMBLEM BY THE PUBLIC FORCE. Under the control of the Ministry of National Defense, the public health service of the public force will use, both in peace time and in time of armed conflict, the emblem of the red cross for the purpose of to identify their health personnel in their land, air and water health units and means of transport.
The health personnel will wear a bracelet and an identity card bearing the emblem of the red cross, provided by the Ministry of National Defense. The card shall meet the requirements and qualities laid down in Chapter I of Annex I to Additional Protocol I of 1977.
Religious personnel assigned to the public force will benefit from the same protection as the health personnel, and will be identified in accordance with the provisions of the foregoing paragraph.
The units and means of transport of the health service of the Public Force must be of the colours corresponding to each institution, and they will carry the emblem of the red cross on a white box, placing outside of this the name of the institution to which the good belongs.
ARTICLE 6o. USE OF THE EMBLEM BY PERSONNEL AND CIVILIAN HEALTH UNITS. In time of armed conflict or in the area of armed conflict, and with the express authorization and direction of the Ministry of Health, the civilian health personnel, the units and means of civilian transport intended solely for the assistance and transport of injured, sick, shipwrecked persons, may be identified by the emblem as a protective title.
The civil health units and means of transport referred to in the previous paragraph shall bear the red cross emblem in a white box identifying the institution to which the red cross is located outside the red cross. means of transport.
The authorized civilian health personnel will carry a bracelet and an identity card provided with the emblem, provided by the Ministry of Health.
Civil religious personnel added to authorized civilian health units shall be identified in accordance with the provisions of the foregoing paragraph.
ARTICLE 7o. USE OF THE EMBLEM BY THE NATIONAL SOCIETY OF THE COLOMBIAN RED CROSS. The National Society of the Colombian Red Cross is authorized to use the emblem in protective title, which will carry its personnel, units health, medical means of transport, medical equipment and materials, in accordance with the provisions of the Geneva Conventions of 1949 and their Additional Protocols, in this law, in the national statutes and regulations and international and Red Crescent International Movement and Red Crescent resolutions on the use of the emblem.
The personnel of the Colombian Red Cross National Society and their health care units and means of transport will enjoy the protection guarantees provided for in the Geneva Conventions of 1949 and their Additional Protocols.
When the National Society of the Red Cross is deploying humanitarian activities, it will be able to carry the emblem in a visible way in vests, pets or any other means that identify them easily.
The National Society of the Colombian Red Cross will be able to collaborate with the health service of the Public Force in exclusively sanitary and humanitarian actions, provided that respect and compliance with the Fundamental Principles of the International Red Cross and Red Crescent Movement, its internal security standards and in accordance with its availability of resources and personnel.
The medical means of transport of the institutions belonging to the International Red Cross and Red Crescent Movement shall be exclusively white, except where the use of means of transport other than their own is required. property. In this case, they shall carry the emblem, on a transitional basis, under the conditions laid down in the Geneva Conventions of 1949 and in their Additional Protocols and in this Law.
ARTICLE 8o. USE OF THE EMBLEM AS AN INDICATION BY THE COLOMBIAN RED CROSS NATIONAL SOCIETY. The National Society of the Colombian Red Cross will use the emblem for an indicative title, both in terms of peace and armed conflict, to indicate that a person or a good has a link to it. In particular, it may make use of the emblem as an indication in hospitals, buildings and premises, relief posts, ambulances, administrative vehicles, uniforms and other garments and goods used by its staff. It may also be used for the purpose of identifying the various programmes and exclusive activities developed by the institution.
The emblem shall be of small dimensions to avoid any confusion with the emblem in protective title, and shall be governed by the rules laid down in the Regulation on the use of the emblem of the red cross or the crescent by the societies national, approved by the 20th International Conference of the Red Cross and Red Crescent, and its subsequent amendments, as well as national legislation and the internal statutes and regulations of the National Red Cross Society Colombia.
ARTICLE 9o. USE OF THE EMBLEM BY OTHER COMPONENTS OF THE INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT. The International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies will be able to use the emblem as a protective and indicative title in any time and circumstance.
ARTICLE 10. USE OF THE EMBLEM BY FOREIGN RED CROSS NATIONAL SOCIETIES. The foreign Red Cross or Red Crescent Societies that are located in the territory of the Republic of Colombia with the authorization of the National Society of the Colombian Red Cross and in accordance with its internal regulations, may use the emblem under the same conditions as it.
OF CONTROL AND SANCTIONS MEASURES.
The misuse of the emblem: Indue Use shall be understood, the use of the red cross emblem or the term "red cross" by persons not authorised under the 1949 Geneva Conventions, their Additional Protocols and the present law, as well as the use of any sign, sign or term which constitutes an imitation or which may give rise to confusion, whatever the purpose of such employment.
Of the abuse of the emblem: Abuse of the emblem shall be understood to be its perfidious use, in accordance with the provisions of Article 143 of the Colombian Penal Code.
Of the abuse of the White Cross: Abuse of the white cross over red background, the use of it as a trademark or trade mark, or as an element of those marks as well as the use of any other sign that is an imitation, with a The aim is to counter trade loyalty, or in conditions that are likely to hurt Swiss national sentiment.
ARTICLE 12. Of the sanctions for the misuse of the Red Cross emblem, or the name "Red Cross", the Red Crescent and other emblems protected by the Geneva Conventions of 12 August 1949 and their additional protocols or abuse of the white cross. In accordance with the provisions of Article 6 (3) of the Paris Convention for the Protection of Industrial Property in cases of misuse of the Red Cross emblem or the name "Red Cross", the Red Crescent and other emblems protected by the Geneva Conventions of 12 August 1949 and their additional protocols or abuse of the White Cross, the competent national authorities shall take the appropriate precautionary measures and shall apply the sanctions that are applicable.
ARTICLE 13. ABUSE OF THE EMBLEM IN TIME OF ARMED CONFLICT. Any person who abuses the emblem of the red cross in time of armed conflict shall be sanctioned in accordance with the provisions of the Colombian Penal Code.
Public servants who abuse the emblem will also be seriously lacking in accordance with the provisions of the Single Disciplinary Code and will be liable to disciplinary sanctions.
ARTICLE 14. CONTROL MEASURES. The national, departmental, municipal and district authorities shall ensure, in any time and circumstance, by strict respect for the rules concerning the use of the emblem and the name of the red cross, of the term " cross red " and the distinctive signs and shall exercise strict control over the persons authorised to use them.
The Ministry of National Defense will exercise strict control over the health personnel at their authorized charge to use the red cross emblem.
The Ministry of Health will exercise strict control over the authorized civilian health personnel to use the emblem.
ARTICLE 15. THE NATIONAL SOCIETY OF THE COLOMBIAN RED CROSS. The National Society of the Colombian Red Cross may inform the competent authority of the misuse, as well as the abuse of the emblem, and, if it considers it relevant, may participate in the relevant criminal, civil or administrative procedure. It shall also provide support to the competent authorities to prevent or remedy the misuse of the emblem.
ARTICLE 16. PROVISIONAL MEASURES. The competent national authorities, in the terms of Decision 486 of the Andean Community, in order to repress the misuse of the emblem of the Red Cross, the Red Crescent and other emblems protected by the Geneva Conventions of August 12, 1949 and their additional protocols, or the abuse of the White Cross, may take the following precautionary measures among others:
1. Order the attachment of objects and material.
2. Require the Red Cross emblem to be removed or the term "Red Cross" at the expense of the offender.
3. Decree the destruction of the instruments that sir van for reproduction.
4. To restrict the movement of vehicles which misuse the emblem or the protected term, and
5. Order the sealing of the trading establishment and other immovable property that has it without being authorised to do so.
ARTICLE 17. REGISTRATION OF ASSOCIATIONS, COMMERCIAL AND TRADE MARKS. Pursuant to the provisions of Article 135 (m) and Article 193 of Decision 486 of the Andean Community, and Article 53 of the First Geneva Convention of 1949, the application for registration of a mark in which the emblem of the Red Cross or the name 'Red Cross' and of the Red Crescent and other emblems protected by the Geneva Conventions are reproduced or imitated, without the permission of the competent authorities, August 12, 1949 and its additional protocols or abuse of the White Cross, will be denied by the national office competent.
FINAL PROVISIONS.
ARTICLE 18. DISSEMINATION. The National Government through the Ministries of National Defense and Health, will take appropriate measures to disseminate the content of this law as widely as possible.
ARTICLE 19. REGULATION. The National Government, through the Ministry of National Defense and the Ministry of Health, will regulate in a term not greater than six (6) months, from the entry into force of this law, the necessary measures for its execution, in particular those aimed at preventing and punishing the misuse or abuse of the red cross emblem by the personnel under their control.
ARTICLE 20. VALIDITY. This law shall apply from the date of its publication in the Official Journal and repeals all provisions that are contrary to it.
The President of the honorable Senate of the Republic,
GERNMAN VARGAS LLERAS.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
ALONSO ACOSTA OSIO.
The Secretary General of the honorable House of Representatives,
ANGELINO LIZANO RIVERA.
COLOMBIA-NATIONAL GOVERNMENT
PUBLISH AND COMPLY.
Dada en Bogotá, D. C., 2 January 2004.
ALVARO URIBE VELEZ
The Deputy Minister of Multilateral Political Affairs at the Ministry of Foreign Affairs, in charge of the functions of the Foreign Minister's office,
JAIME GIRON DUARTE.
The Commander General of the Military Forces, in charge of the functions of the office of the Minister of National Defense,
GENERAL CARLOS ALBERTO OSPINA OVALLE.
The Minister of Social Protection,
DIEGO PALACIO BETANCOURT.
