Related Rule
Australia
Practice Relating to Rule 58. Improper Use of the White Flag of Truce
Australia’s Commanders’ Guide (1994) provides: “The following examples constitute grave breaches or serious war crimes likely to warrant institution of criminal proceedings: … misusing or abusing … any … protected emblem for the purpose of gaining protection to which the user would not otherwise be entitled.” 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 1305(l).
Australia’s Defence Force Manual (1994) provides: “Deliberate misuse of … protective symbols and emblems, signs and signals, including the flag of truce … is … prohibited.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 704.
The manual further states: “The following examples constitute grave breaches or serious war crimes likely to warrant institution of criminal proceedings: … misusing or abusing … any … protected emblem for the purpose of gaining protection to which the user would not otherwise be entitled.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1315(l).
Australia’s LOAC Manual (2006) states: “Deliberate misuse of … protective symbols and emblems, signs and signals, including the flag of truce … is … prohibited.” 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 7.5.
The manual further states:
Provisions of the Hague Regulations 1907 are now recognised as part of customary law. Those regulations provide that the following acts are “especially forbidden”:
• to make improper use of the flag of truce. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 13.29.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Australia’s War Crimes Act (1945) considers “any war crime within the meaning of the instrument of appointment of the Board of Inquiry [set up to investigate war crimes committed by enemy subjects]” as a war crime, including misuse of flags of truce. 
Australia, War Crimes Act, 1945, Section 3.
Australia’s Geneva Conventions Act (1957), as amended in 2002, provides:
A person shall not, without the consent in writing of the Minister or of a person authorized in writing by the Minister to give consents … use for any purpose whatsoever any of the following:
such … emblems, identity cards, signs, signals, insignia or uniforms as are prescribed for the purpose of giving effect to [the 1977 Additional Protocol I]. 
Australia, Geneva Conventions Act, 1957, as amended in 2002, Section 15(1)(f).
The relevant provisions in this Act were removed in 2002 and incorporated into the Criminal Code Act 1995.
Australia’s ICC (Consequential Amendments) Act (2002) incorporates in the Criminal Code the war crimes defined in the 1998 ICC Statute, including “improper use of a flag of truce” in international armed conflicts. 
Australia, ICC (Consequential Amendments) Act, 2002, Schedule 1, § 268.41.