The American Red Cross Campaign for Magen David Adom Membership in the International Red Cross and Red Crescent Movement

The Magen David Adom (MDA) was founded in 1930 as a humanitarian organization to provide emergency medical care and humanitarian assistance in Israel (then the British Protectorate of Palestine), similar to Red Cross and Red Crescent societies elsewhere in the world. For its emblem, this new organization adopted a Red Shield (or Star) of David.

In 1948 the State of Israel was established and it signed the Geneva Conventions, a prerequisite for recognition of National Societies in our Movement. When the Israeli Government adopted the Conventions they legally reserved the right to use the Red Shield of David as their protective emblem rather than a Red Cross or Red Crescent and also declared that MDA would serve as their humanitarian auxiliary National Society as called for by the Conventions.

In 1949 Governments met to revise the Geneva Conventions. An Israeli proposal to the Conference to incorporate the Red Shield of David among the emblems of the Conventions was rejected by a vote of 21 to 20, based on a desire to return to sole use of the Red Cross. These provisions, still in force today, disallowed the adoption of non-Red Cross emblems (including the Red Crescent and Red Lion and Sun) for governments that signed the Conventions, or National Societies formed, after 1949.

When MDA applied for recognition by the International Committee of the Red Cross (ICRC) and membership in the International Federation of Red Cross and Red Crescent Societies (Federation) they were initially denied acceptance because they do not use an emblem explicitly listed in the Geneva Conventions. While the 1949 decision not to accept MDA's emblem has been upheld, 25 new Red Crescent societies have been admitted contrary to the emblem limits in the 1949 Geneva Conventions. Ironically, the Israeli Government is granted voting participation at the International Conference of the Red Cross every four years based on their adoption of the Geneva Conventions, while their humanitarian society is denied full membership.

In December 2005 States Parties to the Geneva conventions overwhelming approved the Third Additional Protocol to the Geneva Conventions. The Protocol creates a new neutral emblem (the Red Crystal) for optional use by societies and governments in situations where they are unable to use the current emblems for security or other reasons. The adoption of the Protocol removed the last obstacle to changing Movement Statutes related to the recognition and admission of new societies.

Governments, national societies, the ICRC and the Federation gathered in Geneva in June 2006 to update the Statutes of the Movement based on the new Protocol. After considerable advocacy and diplomacy by the American Red Cross, U.S. Government and Movement leaders, the conference adopted these changes by an overwhelming majority. Immediately thereafter, members of the Federation unanimously agreed to admit MDA and the Palestine Red Crescent to the membership of the Federation.

Reasons Cited for MDA Exclusion

As the founding organization of the Movement, the ICRC is responsible for 'recognizing' new national societies as part of the Movement. In practice, a joint commission from the ICRC and Federation determine whether a National Society in formation has met the 10 Conditions for Recognition of National Societies. Once a society is determined to meet these criteria, the ICRC can 'recognize' it, following which the Federation Governing Board can provisionally admit the society until member societies meet to vote on full membership in the Federation. By 2005 the Movement's march towards Universality (a recognized society in every country), had resulted in 183 recognized National Societies and Federation members.

One of the Ten Conditions for Recognition states, “Use the name and emblem of the Red Cross or Red Crescent in conformity with the Geneva Conventions.” The ICRC and Federation have consistently maintained that this condition disqualifies MDA from being recognized as a National Society. Most Societies agree with this interpretation, as do most Governments.

The Conditions for Recognition were incorporated into the Statutes of the Movement in 1986. The Statutes can only be changed with agreement of the International Conference of the Red Cross and Red Crescent, which includes voting delegations from the ICRC, Federation, 183 recognized Societies and the 192 Government's that have ratified the Geneva Conventions.

Over the years, consideration of MDA's membership dilemma has been framed as an issue of emblems. Discussion of their exclusion at the international level has been tied to finding solutions to a variety of emblem issues including security and protection (the original primary purpose of the Red Cross emblem), unity of the Movement under a single emblem (an initial goal of Movement founders), and feared proliferation of emblems if an exception is made for MDA or those who wish to use a combined Red Cross and Red Crescent.

International working groups have been established to consider ways to resolve the emblem issues many times since 1948. Efforts to change the rules on emblems and criteria for recognizing societies have been sidetracked by political considerations stemming from tensions in the Middle East (ie. fear that accepting MDA could be seen as endorsing the legitimacy of the State of Israel) and the involvement of Governments in the decision-making process by virtue of our treaty-based origins and the evolution of our Statutes.

American Red Cross Position

For more than 50 years the American Red Cross has supported MDA's membership in the Movement with its longstanding emblem. Since 1988 the American Red Cross has articulated its policy publicly through resolutions of the National Convention, Board of Governors and through various press releases, interviews, and responses to inquiries and mass mailings.

After working patiently through decades of different working groups and committees to no avail, the American Red Cross Board of Governors concluded that additional action was necessary. In the early 1990's a national advisory committee was established and a public relations kit was distributed to all American Red Cross chapters to respond to increasing public inquiries. In early 2000 the Board of Governors voted to withhold overhead dues (Bareme) to the Federation. From 2000 to 2006 the American Red Cross withheld its dues totaling approximately $45 million to protest MDA’s exclusion.

While withholding dues, the American Red Cross has continued to participate in the dialogue, pressing for immediate action and supporting all ongoing efforts that might advance MDA's bid for membership. In 2000 a diplomatic process was launched to create an additional protocol to the Geneva Conventions on emblems. The draft of this treaty would have paved the way for MDA membership with its emblem while also creating a new "universal" emblem available for elective use by societies. Unfortunately the diplomatic process was derailed with the outbreak of violence in the Middle East in late 2000. From 2000 to 2006 the American Red Cross strongly advocated alongside the U.S. Government and Movement leaders for the resumption of negotiations and adoption of the Protocol and changes to the Movement Statutes. In 2006 the American Red Cross strongly supported MDA and the Palestine Red Crescent Society (PRCS) in negotiating and signing a Memorandum of Understanding and Operational Agreement to build confidence and mutual support.

The American Red Cross has offered a number of alternative approaches in the past to side-step lengthy diplomatic and political negotiations. However, these suggested approaches for immediate recognition of MDA (including justification for action based on flexible legal interpretations of the Statutes of the Movement, past precedents and the Geneva Conventions) failed to gain sustained support among governments and National Societies. Thankfully, the diplomatic process was successfully concluded with the admission of MDA and PRCS in June 2006.

American Red Cross Relationship with MDA

In addition to our efforts to bring MDA into the Movement we have enjoyed a very positive and mutually supportive relationship with MDA for more than 70 years. We are aware of the lessons to be learned from our Israeli colleagues, especially in the areas of preparedness for weapons of mass destruction attacks. Over the years, we have also shared important knowledge in areas such as blood banking, first aid training and disaster response and preparedness. To formalize this long-standing collaboration we negotiated and signed a memorandum of understanding that pledges our mutual support for one another in 2002. Signing ceremonies in Tel Aviv and Washington provided opportunities for disseminating information to constituents in both on our longstanding collaborative effort while also providing an example for other societies to follow.

Current Efforts

Following the successful adoption of the Third Additional Protocol and subsequent recognition and admission of MDA within the Movement the American Red Cross has continued to strongly support MDA. In August of 2006 the American Red Cross was the largest donor to an appeal for support to MDA through the ICRC in conjunction with the conflict. The American Red Cross has also supported the Palestine Red Crescent Society and Lebanese Red Cross (also through the ICRC) in their life saving work related to the conflict.

The American Red Cross will continue to support the cooperation and mutual support agreed to by MDA and the PRCS in November 2005. The courageous action of these two societies provides a tremendous example of the Movement’s capacity to work across conflict lines and borders to provide humanitarian assistance.

In June 2006 the President of the United States submitted the Third Additional Protocol to the Senate for its advice and consent as required for ratification by the United States. The Department of State has submitted legislation to implement key provisions of the Protocol that would protect the Red Crystal emblem from misuse. The American Red Cross is working to encourage the House and Senate to approve the implementing legislation and provide its consent to the ratification of the Protocol so the U.S. will have ratified it before it enters into force in January 2007.

Statutes of the International Red Cross and Red Crescent Movement
(adopted by the 25th International Conference of the Red Cross at Geneva in October 1986 and amended by the 26th International Conference of the Red Cross at Geneva in December 1995)

Article 4

Conditions for recognition of National Societies

In order to be recognized in terms of Article 5, paragraph 2 b) as a National Society, the Society shall meet the following conditions:

1. Be constituted on the territory of an independent State where the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field is in force.

2. Be the only National Red Cross or Red Crescent Society of the said State and be directed by a central body which shall alone be competent to represent it in its dealings with other components of the Movement.

3. Be duly recognized by the legal government of its country on the basis of the Geneva Conventions and of the national legislation as a voluntary aid society, auxiliary to the public authorities in the humanitarian field.

4. Have an autonomous status which allows it to operate in conformity with the Fundamental Principles of the Movement.

5. Use the name and emblem of the Red Cross or Red Crescent in conformity with the Geneva Conventions.

6. Be so organized as to be able to fulfil the tasks defined in its own statutes, including the preparation in peace time for its statutory tasks in case of armed conflict.

7. Extend its activities to the entire territory of the State.

8. Recruit its voluntary members and its staff without consideration of race, sex, class, religion or political opinions.

9. Adhere to the present Statutes, share in the fellowship which unites the components of the Movement and co-operate with them.

10. Respect the Fundamental Principles of the Movement and be guided in its work by the principles of international humanitarian law.