Practice Relating to Rule 65. Perfidy
Section F. Simulation of protected status by using the distinctive emblems of the Geneva Conventions
Djibouti’s Manual on International Humanitarian Law (2004) states:
Abuse of the emblem
Any usage which is not expressly authorized by IHL constitutes an abuse of the emblem. One distinguishes between three kinds of abuse [one of which is]:
- perfidy, which consists of utilizing the emblem in times of conflict in order to protect combatants or military material; perfidious use of the emblem constitutes a “grave breach” of IHL, that is to say, a war crime.
The manual also states that the following “are currently considered as war crimes … if committed against any person not or no longer participating in hostilities: … perfidiously utilizing the protective emblem of the red cross or red crescent”.