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Thursday, August 14, 2025
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Kuwait cracks down on Red Cross, Red Crescent misuse

Emblems now legally protected

publish time

13/08/2025

publish time

13/08/2025

Kuwait cracks down on Red Cross, Red Crescent misuse

KUWAIT CITY, Aug 13: The Cabinet approved a draft decree-law regulating the use and protection of the Red Crescent and Red Cross emblems during its recent meeting. The Arab Times obtained a copy of the draft law, which states that the Cabinet will issue the executive regulations within six months from the date the decree-law is published in the Official Gazette, based on a proposal from the Minister of Defense.

The draft law requires private sector civilian medical units, which are covered under the new legislation and currently operating in violation of its provisions, to rectify their status by removing any non-compliant elements within six months from the date the decree-law takes effect.

The explanatory memorandum emphasized that the emblems serve as the primary symbols of distinction to ensure the protection of the wounded, sick, medical personnel, medical facilities, and means of medical transportation. Under this principle, the First Geneva Convention of 1949 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, includes the provisions of Chapter VII titled “The Distinctive Emblem.” This chapter spans Articles 38 to 44; while Article 53 addresses protection of the emblem, and Article 54 explicitly requires the parties to the Geneva Convention to adopt the necessary legislation to prevent misuse 

Similarly, the Second Geneva Convention of 1949, concerning the Amelioration of the Condition of Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea, includes a dedicated chapter—Chapter VI—for the emblem’s protection, specifically in Articles 41 to 45. Article 45 obliges the High Contracting Parties to issue legislation to prevent and penalize the misuse of the emblem.

The Fourth Geneva Convention of 1949, which deals with the Protection of Civilian Persons in Times of War, outlines the importance of distinguishing civilian hospitals, aircraft, trains, convoys and medical vessels intended solely for transporting the wounded and sick in Articles 18 to 22. The memorandum stated that the First Additional Protocol of 1977 to the Geneva Conventions of 1949 further elaborated on emblem use. Article Eight provides a definition of the word ‘emblem’; while Article Nine specifies its scope of application. Articles 37, 38 and 39 regulate the provisions for emblem protection. Article 37, Clause D criminalizes acts of perfidy involving misuse of humanitarian emblems and clarifies that military laws, orders and instructions apply to such acts. The licensing procedures, usage conditions, and gove

By Jaber Al-Hamoud
Al-Seyassah/Arab Times Staff