Practice Relating to Rule 32. Humanitarian Relief Objects
Spain’s LOAC Manual (2007) states: “Respect all … objects bearing the emblem of the Red Cross, Red Crescent and Red Crystal.”
Spain’s Penal Code (1995), as amended in 2010, states:
1. Anyone who in the event of an armed conflict commits or orders to be committed any of the following acts shall be punished with four to six years’ imprisonment:
i. Attacking or performing acts of hostility against installations, materials, units, private residences or vehicles [belonging] to any member of the personnel referred to in paragraph 10 article 612 or threatening [to commit] such attacks or acts of hostility in order to compel a natural or legal person to commit or to refrain from committing an act.
2. … In all other cases mentioned in the above article, the higher sentence can be imposed when extensive and important destructions are caused to the property, objects or installations or [the acts] are of extreme gravity.
The Code further states:
Anyone who [commits any of the following acts] during armed conflict shall be punished with three to seven years’ imprisonment:
10. Intentionally directing attacks against personnel of the United Nations, [and] personnel associated or participating in … humanitarian missions in accordance with the United Nations Charter, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict, or threatening to commit any such attack with the objective of compelling a physical or legal person to commit or to refrain from committing any act.