Practice Relating to Rule 58. Improper Use of the White Flag of Truce
Côte d’Ivoire’s Teaching Manual (2007) provides in Book IV (Instruction of heads of division and company commanders):
It is prohibited:
b. to misuse deliberately other internationally recognized protective emblems, signs or signals, including the flag of truce.
Côte d’Ivoire’s Penal Code (1981), as amended in 1998, punishes “anyone who, in an area of military operations, uses, in violation of the laws and customs of war, the distinctive insignia and emblems, defined by international conventions, to ensure respect for protected persons, objects and places”.
Côte d’Ivoire’s Penal Code (1981), as amended in 2015, states:
Whoever commits a war crime is punished with life imprisonment.
War crimes are:
2 - other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
- making improper use of a flag of truce … , resulting in death or serious personal injury[.]