Practice Relating to Rule 59. Improper Use of the Distinctive Emblems of the Geneva Conventions
Chad’s Instructor’s Manual (2006) states that making improper use of the “distinctive protective signs” and of the “signs and emblems of humanitarian organizations” is prohibited and that to do so is a war crime.
Chad’s Code of Military Justice (1962) punishes “any individual who, in the area of operations of a military force, publicly employs, without being entitled to do so, the armlet, flag or emblem of the red cross, or equivalent armlets, flags or emblems”.
Chad’s Emblem Law (2014) states:
CHAPTER III: PROTECTION OF THE EMBLEM
Article 8: The Ministry of Public Health and the Ministry of Defence ensure at all times strict compliance with the rules governing the use of the emblems of the red cross or the red crescent, the denomination “Red Cross” and “Red Crescent” and the distinctive signals. They exercise strict control over the persons authorized to use them.
In the case of a violation of the provisions of the present law, the Ministry of Public Health may request the opening of criminal or civil proceedings.
Article 9: The Red Cross of Chad cooperates with the public authorities in their efforts to prevent and repress any misuse. It reports any misuse to these authorities and may participate in criminal, civil or administrative proceedings.
CHAPTER IV: CRIMINAL PROVISIONS
Article 10: Shall be punishable by imprisonment for a period of fifteen days to two years and a fine of 50,000 to 200,000 francs or either of these sentences only:
- any person who, intentionally and without entitlement, uses the emblem of the red cross or the red crescent or the designation “Red Cross” or [“]Red Crescent”, a distinctive signal or any other sign, denomination or signal which constitutes an imitation thereof or which might lead to confusion, irrespective of the aim of such use;
- any person who, in particular, displays the said emblems or designations on signs, posters, announcements, leaflets or commercial documents, or affixes them to goods or packaging, or sells, offers for sale or places in circulation goods thus marked;
- any person who commits or gives the order to commit the offence in the management of a corporate body.
Article 12: Any person who, in time of war, intentionally and without entitlement, uses the emblem of the red cross or red crescent or a distinctive signal, or any other sign or signal which constitutes an imitation thereof or which may lead to confusion, is punished by imprisonment for a period of five to twenty years.
: The jurisdictions competent for the crimes defined within the present chapter take any necessary interim measures. They may, in particular, order the seizure of objects and material marked in violation of the present Law, demand the removal of the emblem of the red cross, red crescent and of the words “Red Cross” or “Red Crescent”, and order the destruction of the instruments used for their reproduction.