Practice Relating to Rule 59. Improper Use of the Distinctive Emblems of the Geneva Conventions
Ukraine’s IHL Manual (2004) states: “The following methods of warfare shall be prohibited: … misuse of the protective emblem of the Red Cross or the Red Crescent”.
Ukraine’s Emblem Law (1999) provides:
The use of the emblem of the red cross or red crescent, or red cross and red crescent, of the names “Red Cross” or “Red Crescent”, or “Red Cross and Red Crescent”, of the distinctive sign or any other sign, name or signal constituting an imitation thereof … or capable of creating confusion, regardless of the purpose of such use, in violation of the provisions of the present law … are prohibited.
Persons having committed a breach of the Ukrainian legislation of the use and symbolic of the Red Cross and Red Crescent are liable to punishment in conformity with Ukrainian legislation.
Pursuant to Ukraine’s Criminal Code (2001), “carrying the Red Cross or Red Crescent symbols in an operational zone by persons not entitled to do so, as well as misuse of flags or signs of the Red Cross and Red Crescent or the colours attributed to medical vehicles in state of martial law” constitutes a war crime.