Practice Relating to Rule 58. Improper Use of the White Flag of Truce
South Africa’s LOAC Manual (1996) defines the “abuse of … a flag of truce” as a grave breach of the law of war and a war crime.
South Africa’s Revised Civic Education Manual (2004) provides that “[a]buse of … a flag of truce” is regarded as a grave breach of the law of armed conflict and a war crime.
South Africa’s ICC Act (2002) reproduces the war crimes listed in the 1998 ICC Statute, including in international armed conflicts: “making improper use of a flag of truce … resulting in death or serious personal injury”.