Practice Relating to Rule 58. Improper Use of the White Flag of Truce
Spain’s LOAC Manual (1996) provides that the improper use – to identify persons and objects not protected – of the white flag is a prohibited deception.
The manual also states that the white flag may not be used for other than its intended purpose.
Spain’s LOAC Manual (2007) states:
It is prohibited to make improper use of the following distinctive signs and signals for any purpose other than the intended one:
(e) the white flag (flag of truce).
Spain’s Military Criminal Code (1985) punishes any soldier who “displays improperly the flag of parlementaires”.
Spain’s Penal Code (1995) punishes “anyone who, during an armed conflict, … uses improperly … the flag of parlementaires or of surrender”.
Spain’s Penal Code (1995), as amended in 2010, states:
Anyone who [commits any of the following acts] during armed conflict shall be punished with three to seven years’ imprisonment:
4. Improperly using the protective or distinctive signs, emblems or signals established and recognized under international treaties to which Spain is a party.