Rule 60. Improper Use of the United Nations Emblem or Uniform
Rule 60. The use of the United Nations emblem and uniform is prohibited, except as authorized by the organization.
State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts.
The prohibition of unauthorized use of the United Nations emblem and uniform is included in Additional Protocol I.
Under the Statute of the International Criminal Court, making improper, i.e., unauthorized, use of the flag or the military insignia or uniforms of the United Nations constitutes a war crime in international armed conflicts when it results in death or serious personal injury.
The prohibition of the unauthorized use of the United Nations emblem and uniform is recognized in many military manuals.
Violation of this rule is an offence under the legislation of numerous States.
This practice includes that of States not, or not at the time, party to Additional Protocol I.
This rule was included in the draft of Additional Protocol II by Committee III of the Diplomatic Conference leading to the adoption of the Additional Protocols but was deleted at the last moment as part of a package aimed at the adoption of a simplified text.
It is contained in other instruments pertaining also to non-international armed conflicts.
The prohibition of the unauthorized use of the United Nations emblem and uniform is set forth in military manuals which are applicable in or have been applied in non-international armed conflicts.
Violation of this rule is an offence in any armed conflict under the legislation of numerous States.
No official contrary practice was found with respect to either international or non-international armed conflicts. Alleged violations of this rule have generally been condemned, in particular in the context of the conflict in Bosnia and Herzegovina.
No party to a conflict has denied the applicability of this rule or claimed that it would be lawful to use United Nations emblems and uniforms without being so authorized.