Practice Relating to Rule 59. Improper Use of the Distinctive Emblems of the Geneva Conventions
Uruguay’s Red Cross Emblem Law (1918) states:
Article 1. The emblems of the Red Cross, as well as the words “Red Cross” or “Geneva Cross”, can only be used for the purposes specified in the 196 Geneva Convention.
In particular, the commercial use of these emblems and words is prohibited, and from the date of the enactment of the present law they may not be registered as brands or trademarks.
Article 2. The improper use of the emblems or words of the Red Cross, or the one not authorized by the competent authority, shall be punished during peacetime with a fine of 100 to 200 pesos, and in time of war with imprisonment of three to six months, without prejudice to the application of the military laws and regulations, where applicable.
Uruguay’s Emblem Decree (1992) states:
The red cross and red crescent emblems, as well as the words “Red Cross”, “Geneva Cross” and “Red Crescent” may only be used for the purposes provided for in the Geneva Conventions of 1949 and their Additional Protocols of 1977.
Uruguay’s Law on Cooperation with the ICC (2006) states:
26.2. Persons and objects affected by the war crimes set out in the present provision are persons and objects which international law protects in international or internal armed conflict.
26.3. The following are war crimes:
15. Making improper use … of the distinctive emblems of the  Geneva Conventions and their Additional Protocols, resulting in death or serious personal injury.
Uruguay’s Protocol III Emblem Decree (2013) states:
RECALLING actions arising from the Protocol additional to the Geneva Conventions of 12 August 1949 and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), approved by Law No. 18.947 of 16 August 2012.
WHEREAS: (I) Article 2 of the aforementioned Protocol identified an additional distinctive emblem besides the distinctive emblems of the Geneva Conventions and for the same ends, and which has identical status and conditions of usage and compliance as those established for existing emblems.
(II) Decree No. 679/992 of 24 November 1992 defined the usage of the emblems of the Red Cross and the Red Crescent in the national context, in accordance with the aforementioned Conventions and their Additional Protocols of 1977 approved by Law No. 13.683 of 17 September 1968 and Law No. 15.764 of 13 September 1985.
(III) Law No. 6.186 of 16 July 1918 prohibited the commercial use of the Red Cross emblems or names, imposing a fine for misuse or usage that is not permitted by the competent authorities in time of peace.
(IV) Article 1 of Law No. 16.687 of 22 December 1994 updated the amount of the aforementioned fine to between 50 (fifty) and 500 (five hundred) readjustable units, the payment of which shall be intended for the Uruguayan Red Cross.
CONSIDERING: (I) the expedience of broadening the regulatory norm mentioned above in order to include the additional distinctive emblem referred to in the “Recalling” section.
(II) that it is therefore appropriate to establish, in compliance with article 6 of Protocol III mentioned above, that the provisions of the Geneva Conventions and the Additional Protocols of 1977 governing the prevention and suppression of the misuse of the distinctive emblems shall apply equally to the Protocol III emblem.
ON THE BASIS of the foregoing,
THE PRESIDENT OF THE REPUBLIC DECREES:
ARTICLE 1º – To include in the provisions of Decree No. 679/992 of 24 November 1992 the additional distinctive emblem recognized by Protocol III additional to the Geneva Conventions of 1949 and their Additional Protocols of 1977, referred to as “Protocol III emblem”.
– Pursuant to the provisions of article 6 of Protocol III Additional to the Geneva Conventions of 1949 [on prevention and repression of misuse], approved by Law No. 18.947 of 16 August 2012, the provisions of Law No. 6.186 of 16 July 1918 and Law No. 16.687 of 22 December 1994 shall apply to the additional distinctive emblem.