ILLEGAL USE OF THE EMBLEMS OF THE RED CROSS, RED CRESCENT AND RED CRYSTAL: CRIMINOLOGICAL ASPECT

Abstract

Introduction. The illegal use of the emblems of the Red Cross, Red Crescent and Red Crystal constitutes a type of criminal offence against peace, security of mankind and international legal order and is directly related to compliance with the norms of international humanitarian law. Such acts undermine trust in the neutral humanitarian status of the International Red Cross and Red Crescent Movement, create a threat to the safety of its personnel and may even endanger beneficiaries of assistance, especially in situations of armed conflict. The relevance of the study is conditioned by the ongoing armed conflict on the territory of Ukraine, the growing role of international humanitarian law and the need to protect the emblems enjoying special protection.

Summary. The article describes the structure of the International Red Cross and Red Crescent Movement and examines the legal status of its emblems and logos. The 1949 Geneva Conventions and their Additional Protocols, as well as national legal acts (in particular, the Law of Ukraine “On the Emblems of the Red Cross, Red Crescent, Red Crystal in Ukraine” and the Law of Ukraine “On the Ukrainian Red Cross Society”) are analysed. The importance of taking into account the role of the Movement’s internal acts that detail the rules for the use of the emblems is also emphasised. The article reveals the content of Article 445 of the Criminal Code of Ukraine, characterises its blanket nature and its correlation with related provisions, in particular Articles 435 and 438 of the Criminal Code of Ukraine. On the basis of statistical data, attention is drawn to the low number of recorded criminal offences under Article 445 of the Criminal Code of Ukraine and a conclusion is made about the high level of latency of such acts. The main determinants of the illegal use of the emblems are identified. As a result, a number of preventive measures are proposed that may be implemented in order to prevent such criminal offences.

Conclusions. The criminalisation of the illegal use of the emblems of the Red Cross, Red Crescent and Red Crystal is a necessary condition for their protection. Effective prevention of such acts requires a comprehensive approach encompassing a set of measures.