Related Rule
Australia
Practice Relating to Rule 59. Improper Use of the Distinctive Emblems of the Geneva Conventions
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 the Red Cross symbol … for the purpose of gaining protection to which the user would otherwise not 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: “It is prohibited to improperly use the distinctive emblem of the Red Cross or Red Crescent.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 704.
The manual also states: “The following examples constitute grave breaches or serious war crimes likely to warrant institution of criminal proceedings: … misusing or abusing the Red Cross symbol … for the purpose of gaining protection to which the user would otherwise not 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: “It is prohibited to improperly use the distinctive emblem of the Red Cross, Red Crescent or Red Crystal.” 
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 also 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 distinctive emblems of the Geneva Convention. 
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 breach of rules relating to the red cross. 
Australia, War Crimes Act, 1945, Section 3.
Australia’s Geneva Conventions Act (1957), as amended in 2002, provides that “subject to this section, 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 under this section, use for any purpose whatsoever” the emblems of the red cross, red crescent, red lion and sun on a white ground, the heraldic emblem of Switzerland, the designations “Red Cross” or “Geneva Cross”, “Red Crescent” and “Red Lion and Sun”, as well as a design or wording so nearly resembling any of those emblems or designations as to be capable of being mistaken for, or, as the case may be, understood as referring to, one of those emblems or designations. 
Australia, Geneva Conventions Act, 1957, as amended in 2002, Section 15(1)(a)-(e).
The war crime provisions in this Act were removed in 2002 and incorporated into the Criminal Code Act 1995.
Australia’s Geneva Conventions Act (1957), as amended in 2009, states that “subject to this section, 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 under this section, use for any purpose whatsoever” the emblems of the red cross, red crescent, red lion and sun on a white ground, “the emblem of a red frame in the shape of a square on edge on a white ground, or the designation ‘Red Crystal’”, the heraldic emblem of Switzerland, the designations “Red Cross”, “Geneva Cross”, “Red Crescent”, “Red Lion and Sun”, and “Red Crystal” as well as a design or wording so nearly resembling any of those emblems or designations “as to be capable of being mistaken for, or, as the case may be, understood as referring to, one of those emblems”. 
Australia, Geneva Conventions Act, 1957, as amended in 2009, § 15(1)(a)–(e).
Australia’s Criminal Code Act (1995), as amended to 2007, states with respect to serious war crimes that are committed in the course of an international armed conflict:
268.44 War crimeimproper use of the distinctive emblems of the Geneva Conventions
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator uses an emblem; and
(b) the emblem is one of the distinctive emblems of the Geneva Conventions; and
(c) the perpetrator uses the emblem for combatant purposes to invite the confidence of an adversary in order to lead him or her to believe that the perpetrator is entitled to protection, or that the adversary is obliged to accord protection to the perpetrator, with intent to betray that confidence; and
(d) the perpetrator knows of, or is reckless as to, the illegal nature of such use; and
(e) the perpetrator’s conduct results in death or serious personal injury; and
(f) the conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for life.
(2) Strict liability applies to paragraph (1)(b)
(3) In this section:
emblem means any emblem, identity card, sign, signal, insignia or uniform. 
Australia, Criminal Code Act, 1995, as amended on to 2007, Chapter 8, § 268.44, p. 330.
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 the distinctive emblems of the Geneva Conventions” in international armed conflicts. 
Australia, ICC (Consequential Amendments) Act, 2002, Schedule 1, § 268.44.