Practice Relating to Rule 65. Perfidy
Section H. Simulation of protected status by using other internationally recognized emblems
Australia’s Geneva Conventions Act (1957), as amended in 2002, provides: “A person who, in Australia or elsewhere, commits a grave breach … of [the 1977 Additional Protocol I] is guilty of an indictable offence.”
The grave breaches provisions in this Act were removed in 2002 and incorporated into the Criminal Code Act (1995).
Australia’s Commanders’ Guide (1994), in a section entitled “Perfidy”, states:
Protection is afforded to … civil defence workers … and PW by providing them with special identification symbols. It is unlawful for soldiers and other lawful combatants to fraudulently use protected symbols … in order to obtain immunity from attack.
Australia’s LOAC Manual (2006) states that the 1977 Additional Protocol I extends the definition of grave breaches to include “the perfidious use of the distinctive emblem of the Red Cross, Red Crescent, Red Crystal and other Red Cross societies, or of other protective signs recognised by the Conventions or the Protocol”.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).