Practice Relating to Rule 60. Improper Use of the United Nations Emblem or Uniform

Note: For practice concerning the simulation of protected status by using the United Nations emblem or uniform as an act considered perfidious, see Rule 65, Section G.
Additional Protocol I
Article 38(2) of the 1977 Additional Protocol I provides: “It is prohibited to make use of the distinctive emblem of the United Nations, except as authorized by that Organization.” 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 38(2). Article 38 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.39, 25 May 1977, p. 103.
Additional Protocol II (draft)
Article 23(2) of the draft Additional Protocol II was adopted by consensus by Committee III of the CDDH. 
CDDH, Official Records, Vol. XV, CDDH/III/SR.49, 4 June 1976, p. 109, § 8.
The approved text provided: “It is forbidden to make use of the distinctive emblem of the United Nations, except as authorized by that organization.” 
CDDH, Official Records, Vol. XV, CDDH/236/Rev.1, 21 April–11 June 1976, p. 421.
Eventually, however, it was deleted by consensus in the plenary. 
CDDH, Official Records, Vol. VII, CDDH/SR.52, 6 June 1977, p. 129.
Convention on the Safety of UN Personnel
Article 3 of the 1994 Convention on the Safety of UN Personnel provides:
The military and police components of a United Nations operation and their vehicles, vessels and aircraft shall bear distinctive identification. Other personnel, vehicles, vessels and aircraft involved in the United Nations operation shall be appropriately identified unless otherwise decided by the Secretary-General of the United Nations. 
Convention on the Safety of United Nations and Associated Personnel, adopted by the UN General Assembly, Res. 49/59, 9 December 1994, Article 3.
ICC Statute
Under Article 8(2)(b)(vii) of the 1998 ICC Statute, “[m]aking improper use … of the flag or the military insignia or uniforms … of the United Nations … resulting in death or serious personal injury” is a war crime in international armed conflicts. 
Statute of the International Criminal Court, adopted by the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome, 17 July 1998, UN Doc. A/CONF.183/9, Article 8(2)(b)(vii).
UN Flag Code
According to paragraph 6 of the 1952 UN Flag Code, “the flag may be used in military operations only upon express authorization to that effect by a competent organ of the United Nations”. Paragraph 11 provides: “Any violation of this Flag Code may be punished in accordance with the law of the country in which such violation takes place.” 
United Nations Flag Code, adopted by the UN Secretary-General on 11 November 1952, pursuant to UN General Assembly Res. 167 (II) of 20 October 1947, and rescinding the Flag Code issued on 19 December 1947, §§ 6 and 11.
Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia
Paragraph 6 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia requires that hostilities be conducted in accordance with Article 38 of the 1977 Additional Protocol I. 
Memorandum of Understanding on the Application of International Humanitarian Law between Croatia and the Socialist Federal Republic of Yugoslavia, Geneva, 27 November 1991, § 6.
Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina
Paragraph 2.5 of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina requires that hostilities be conducted in accordance with Article 38 of the 1977 Additional Protocol I. 
Agreement between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representatives of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Miljenko Brkić (President of the Croatian Democratic Community), Geneva, 22 May 1992, § 2.5.
UNTAET Regulation No. 2000/15
The UNTAET Regulation No. 2000/15 establishes panels with exclusive jurisdiction over serious criminal offences, including war crimes. According to Section 6(1)(b)(vii), “[m]aking improper use … of the flag or the military insignia or uniforms … of the United Nations … resulting in death or serious personal injury” is a war crime in international armed conflicts. 
Regulation on the Establishment of Panels with Exclusive Jurisdiction over Serious Criminal Offences, UN Doc. UNTAET/REG/2000/15, Dili, 6 June 2000, Section 6(1)(b)(vii).
Argentina
Argentina’s Law of War Manual (1989) states: “It is prohibited … to make use of the emblem of the United Nations, unless authorized [to do so].” 
Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 1.06(2).
Australia
Australia’s Commanders’ Guide (1994) states: “Improper use … of the distinctive emblem of the United Nations is prohibited.” 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 903.
The Guide also states: “The United Nations symbol … is strictly protected and must not be abused.” 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 513.
The Guide further states: “The following are examples of 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
Australia’s Defence Force Manual (1994) provides: “Use of the distinctive emblem of the UN is prohibited except when authorised by the UN.” 
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 are examples of 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
Australia’s LOAC Manual (2006) states: “Use of the distinctive emblem of the UN is prohibited except as authorised by the UN.” 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 7.5.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Belgium
Belgium’s Teaching Manual for Officers (1994) states:
It is prohibited to abuse the protective signs provided for by the [1949 Geneva] Conventions and [the 1977 Additional Protocol I] … It is equally prohibited to make use of the sign of the UN except when authorized by this organization. 
Belgium, Droit de la Guerre, Manuel d’Instruction pour Officiers, Etat-Major Général, Division Opérations, 1994, Part I, Title II, p. 34.
Burkina Faso
Burkina Faso’s Disciplinary Regulations (1994) provides that, under the laws and customs of war, it is prohibited “to use improperly … the distinctive insignia recognized by international conventions”. 
Burkina Faso, Règlement de Discipline Générale dans les Forces Armées, Décret No. 94-159/IPRES/DEF, Ministère de la Défense, 1994, Article 35(2).
Burundi
Burundi’s Regulations on International Humanitarian Law (2007) states that “[i]t is … prohibited to utilize the distinctive flags, emblems or uniforms of … the United Nations (outside the situations of use authorized by this organization)”. 
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 94.
Cameroon
Cameroon’s Disciplinary Regulations (1975) provides that, under the laws and customs of war, it is prohibited “to use improperly … the distinctive insignia recognized by international conventions”. 
Cameroon, Règlement de discipline dans les Forces Armées, Décret No. 75/700, 6 November 1975, Article 32.
Cameroon
Cameroon’s Instructor’s Manual (1992) states that “using fraudulently the emblems and uniforms … of the UN except in specified cases” is an unlawful deception. 
Cameroon, Droit international humanitaire et droit de la guerre, Manuel de l’instructeur en vigueur dans les Forces Armées, Présidence de la République, Ministère de la Défense, Etat-major des Armées, Troisième Division, Edition 1992, p. 30, § 131.2 and p. 89, § 222.
Cameroon
Cameroon’s Instructor’s Manual (2006) lists using “emblems of the United Nations outside the use foreseen and authorized by this organization” as one of several “unlawful deceptions”. 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 222, § 222.
Canada
Canada’s LOAC Manual (1999) states: “It is prohibited … to make use of the distinctive emblem of the United Nations, except as authorized by the organization.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 6-2, § 11(c); see also p. 8-10, § 79(d) (prohibition of warships and auxiliary vessels actively simulating the status of vessels protected by the United Nations flag).
Canada
Canada’s LOAC Manual (2001) states in its chapter on land warfare that it is prohibited to “make use of the distinctive emblem of the United Nations, except as authorized by that Organization”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 605.1.c.
In its chapter on naval warfare, the manual states: “Warships and auxiliary vessels are also prohibited from actively simulating the status of: … d. vessels protected by the United Nations flag.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 856.5.d.
Colombia
Colombia’s Instructors’ Manual (1999) states that it is a punishable offence “to use improperly insignia, flags and emblems … of organizations accepted by humanitarian law”. 
Colombia, Derechos Humanos & Derecho Internacional Humanitario – Manual de Instrucción de la Guía de Conducta para el Soldado e Infante de Marina, Ministerio de Defensa Nacional, Oficina de Derechos Humanos, Fuerzas Militares de Colombia, Santafé de Bogotá, 1999, p. 31.
Congo
The Congo’s Disciplinary Regulations (1986) provides that, under the laws and customs of war, it is prohibited “to use improperly … the distinctive insignia recognized by international conventions”. 
Congo, Décret No. 86/057 du 14 janvier 1986 portant Règlement du Service dans l’Armée Populaire Nationale, 1986, Article 32(2).
Ecuador
Ecuador’s Naval Manual (1989) states: “The flag of the United Nations and the letters ‘UN’ may not be used in armed conflict for any purpose without the authorization of the United Nations.” 
Ecuador, Aspectos Importantes del Derecho Internacional Marítimo que Deben Tener Presente los Comandantes de los Buques, Academia de Guerra Naval, 1989, § 12.4.
France
France’s Disciplinary Regulations (1975), as amended, states that it is prohibited “to use improperly … the distinctive signs provided for in international conventions”. 
France, Règlement de Discipline Générale dans les Armées, Decree No. 75-675 of 28 July 1975, replacing Decree No. 66-749, completed by Decree of 11 October 1978, implemented by Instruction No. 52000/DEF/C/5 of 10 December 1979, and modified by Decree of 12 July 1982, Ministère de la Défense, Etat-Major de l’Armée de Terre, Bureau Emploi, Article 9 bis (2).
France
France’s LOAC Manual (2001) prohibits the use of the flags, emblems or uniforms of the UN. 
France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, p. 47.
Germany
Germany’s Military Manual (1992) states: “It is prohibited to make improper use … of a special internationally acknowledged protective emblem.” 
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, § 473.
Israel
Israel’s Manual on the Rules of Warfare (2006) states that it is forbidden “to pretend to be members of the United Nations Organization or the Red Cross, as it is forbidden to use the uniforms, flag or symbols of these organisations”. 
Israel, Rules of Warfare on the Battlefield, Military Advocate-General’s Corps Command, IDF School of Military Law, Second Edition, 2006, p. 35.
The Manual on the Rules of Warfare (2006) is a second edition of the Manual on the Laws of War (1998).
Italy
Italy’s IHL Manual (1991) states that it is prohibited “to use improperly … the emblem of the United Nations”. 
Italy, Manuale di diritto umanitario, Introduzione e Volume I, Usi e convenzioni di Guerra, SMD-G-014, Stato Maggiore della Difesa, I Reparto, Ufficio Addestramento e Regolamenti, Rome, 1991, Vol. I, § 9(2).
The manual also states that grave breaches of international conventions and protocols, including “the improper … use of international protective signs”, constitute war crimes. 
Italy, Manuale di diritto umanitario, Introduzione e Volume I, Usi e convenzioni di Guerra, SMD-G-014, Stato Maggiore della Difesa, I Reparto, Ufficio Addestramento e Regolamenti, Rome, 1991, Vol. I, § 85.
Mali
Mali’s Army Regulations (1979) provides that, under the laws and customs of war, it is prohibited “to use improperly … the distinctive insignia recognized by international conventions”. 
Mali, Règlement du Service dans l’Armée, 1ère Partie: Discipline Générale, Ministère de la Défense Nationale, 1979, Article 36.
Morocco
Morocco’s Disciplinary Regulations (1974) provides that, under the laws and customs of war, it is prohibited “to use improperly … the distinctive insignia recognized by international conventions”. 
Morocco, Règlement de Discipline Général dans les Forces Armées Royales, Dahir No. 1-74-383 du 15 rejeb 1394, 5 August 1974, Article 25(2).
Netherlands
The Military Manual (1993) of the Netherlands provides that it is “prohibited to misuse … the emblem of the United Nations”. 
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. IV-3.
The manual further states that “the misuse of … recognized protective signs (UN for example)” is a grave breach of the 1977 Additional Protocol I. 
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. IX-5.
Netherlands
The Military Manual (2005) of the Netherlands states: “It is also forbidden to misuse the emblem of the United Nations.” 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0416.
New Zealand
New Zealand’s Military Manual (1992) provides: “Improper use of protective symbols including that of the United Nations is prohibited.” 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 502(7); see also § 713(3) (prohibition of the use of flags or markings of the UN as part of a ruse of war in naval warfare).
Peru
Peru’s IHL Manual (2004) states: “It is prohibited to make use of the distinctive emblem of the United Nations, except as authorized by the organization.” 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 27.e.(7).
Peru
Peru’s IHL and Human Rights Manual (2010) states: “It is prohibited to make use of the distinctive emblem of the United Nations, except as authorized by the organization.” 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 28(e)(7), p. 239.
Russian Federation
Under the Russian Federation’s Military Manual (1990), improper use of international signals and flags is a prohibited method of warfare. 
Russian Federation, Instructions on the Application of the Rules of International Humanitarian Law by the Armed Forces of the USSR, Appendix to Order of the USSR Defence Minister No. 75, 1990, § 5(c).
Russian Federation
The Russian Federation’s Regulations on the Application of IHL (2001) states: “The prohibited methods of warfare include … making improper use of … the distinctive emblem of the United Nations, except as authorized by that Organization.” 
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 7.
The Regulations further provides: “When organizing and conducting cover and concealment of military objectives it is prohibited to make use of … the distinctive emblem of the United Nations.” 
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 137.
Senegal
Senegal’s Disciplinary Regulations (1990) provides that, under the laws and customs of war, it is prohibited “to use improperly … the distinctive insignia recognized by international conventions”. 
Senegal, Règlement de Discipline dans les Forces Armées, Décret 90-1159, 12 October 1990, Article 34(2).
Spain
Spain’s LOAC Manual (1996) provides that it is prohibited “to use the distinctive emblem of the UN, except in cases where this Organization authorizes it”. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 5.3.c; see also § 3.3.c.(2).
The manual further states that it is forbidden “to make improper use of the emblems of the United Nations”. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 7.3.c.
Spain
Spain’s LOAC Manual (2007) states: “It is prohibited to use the distinctive emblem of the United Nations unless authorized to do so by the organization.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 3.3.c.(2); see also §§ 5.3.c and 7.3.c.
Sweden
Sweden’s IHL Manual (1991) considers that the “prohibition of improper use of recognized emblems”, as contained in Article 38 of the 1977 Additional Protocol I, is part of customary international law. 
Sweden, International Humanitarian Law in Armed Conflict, with reference to the Swedish Total Defence System, Swedish Ministry of Defence, January 1991, Section 2.2.3, p. 19.
Switzerland
Switzerland’s Aide-Memoire on the Ten Basic Rules of the Law of Armed Conflict (2005) states:
Rule 8
I remain fair:
- I shall use the distinctive emblems, white flag and uniform in accordance with the rules (cf. Rule 10). These also protect my comrades and me;
Rule 10
I am familiar with the international protective signs and their meaning.  
Switzerland, The Ten Basic Rules of the Law of Armed Conflict, Aide-memoire 51.007/IIIe, Swiss Army, issued based on Article 10 of the Ordinance for Organization of the Federal Department for Defence, Civil Protection and Sports dated 7 March 2003, entry into force on 1 July 2005, Rules 8 and 10.
The Aide-Memoire also states with regard to the protective signs of the UN: “Prohibited is/are … Any improper use of the distinctive sign.” 
Switzerland, The Ten Basic Rules of the Law of Armed Conflict, Aide-memoire 51.007/IIIe, Swiss Army, issued based on Article 10 of the Ordinance for Organization of the Federal Department for Defence, Civil Protection and Sports dated 7 March 2003, entry into force on 1 July 2005, Chart of Protective Signs.
Switzerland
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
15.2 Prohibited methods of warfare
223 Misuse of a distinctive sign and the feigning of protected status are prohibited in any place and at any time. …
224 Wearing enemy uniforms or feigning protected status by using the insignia, emblems or uniforms of the United Nations or of neutral States or States that are not party to the conflict is prohibited.
17 Sanctions for violations of the international law of armed conflict
237 The following in particular are criminal offences: improper use of international distinctive signs[.] 
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance on the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, §§ 223–224 and 237.
Ukraine
Ukraine’s IHL Manual (2004) states: “The following methods of warfare shall be prohibited: … unlawful use of the distinctive emblem of the United Nations”. 
Ukraine, Manual on the Application of IHL Rules, Ministry of Defence, 11 September 2004, § 1.3.2.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states: “It is prohibited to … make use of the distinctive emblem of the United Nations, except as authorized by that Organization.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 5.10.
United States of America
The US Air Force Pamphlet (1976) provides that it is “forbidden to make improper use of … the distinctive sign of the United Nations”. 
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 8-3(c).
The Pamphlet further insists that “prohibitions concerning improper use of its [the UN] distinctive signs, emblems and signals should be observed”. 
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 8-6(b).
United States of America
The US Naval Handbook (1995) states: “The flag of the United Nations and the letters ‘UN’ may not be used in armed conflict for any purpose without the authorization of the United Nations.” 
United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-2.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Transportation, US Coast Guard, October 1995 (formerly NWP 9 (Rev. A)/FMFM 1-10, October 1989), § 12.4.
United States of America
The US Naval Handbook (2007) states: “The flag of the United Nations and the letters ‘UN’ may not be used in armed conflict for any purpose without the authorization of the United Nations.” 
United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-12.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Homeland Security, US Coast Guard, July 2007, § 12.4.
Yugoslavia, Socialist Federal Republic of
The Socialist Federal Republic of Yugoslavia’s Military Manual (1988) provides that “it is forbidden to use, during combat, in order to mislead the enemy, … internationally recognized emblems”, inter alia, the UN emblem. 
Yugoslavia, Socialist Federal Republic of, Propisi o Primeri Pravila Medjunarodnog Ratnog Prava u Oruzanim Snagama SFRJ, PrU-2, Savezni Sekretarijat za Narodnu Odbranu (Pravna Uprava), 1988, § 105(3).
Algeria
Algeria’s Code of Military Justice (1971) punishes:
any individual, whether military or not, who, in time of war, in an area of operations … in violation of the laws and customs of war, improperly uses the distinctive signs and emblems defined by international conventions for the respect of persons, objects and places protected by these conventions. 
Algeria, Code of Military Justice, 1971, Article 299.
Armenia
Under Armenia’s Penal Code (2003), “the use during military actions of … the flags of international organizations … in breach of international treaties and international law” constitutes a crime against the peace and security of mankind. 
Armenia, Penal Code, 2003, Article 397.
Australia
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 [Additional Protocol I]. 
Australia, Geneva Conventions Act, 1957, as amended in 2002, Section 15(1)(f).
The war crimes provisions in this Act were removed in 2002 and incorporated into the Criminal Code Act 1995.
Australia
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:
268.43 War crime – improper use of a flag, insignia or uniform of the United Nations
A person (the perpetrator) commits an offence if:
(a) the perpetrator uses a flag, insignia or uniform of the United Nations; and
(b) the perpetrator uses the flag, insignia or uniform without the authority of the United Nations; and
(c) the perpetrator knows of, or is reckless as to, the illegal nature of such use of the flag, insignia or uniform; and
(d) the perpetrator’s conduct results in death or serious personal injury; and
(e) the conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for life. 
Australia, Criminal Code Act, 1995, as amended to 2007, Chapter 8, § 268.43, p. 330.
Australia
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, insignia or uniform of the United Nations” in international armed conflicts. 
Australia, ICC (Consequential Amendments) Act, 2002, Schedule 1, § 268.43.
Azerbaijan
Azerbaijan’s Criminal Code (1999) provides that “the misuse of … the flag, sign or clothes of the United Nations, … which as a result caused death or serious injury to body of a victim”, constitutes a war crime in international and non-international armed conflicts. 
Azerbaijan, Criminal Code, 1999, Article 119(2).
Belarus
Belarus’s Criminal Code (1999) provides that it is a war crime to “use intentionally, during hostilities, in violation of international treaties, … the flag or sign of an international organization”. 
Belarus, Criminal Code, 1999, Article 138.
Belgium
Belgium’s Penal Code (1867), as amended in 2003, provides:
War crimes envisaged in the 1949 [Geneva] Conventions … and in the [1977 Additional Protocols I and II] … , as well as in Article 8(2)(f) of the [1998 ICC Statute], and listed below, … constitute crimes under international law and shall be punished in accordance with the provisions of the present title … :
30. improper use of … the flag or the military insignia and uniform … of the United Nations Organization, when it results in loss of life or serious injury. 
Belgium, Penal Code, 1867, as amended on 5 August 2003, Chapter III, Title I bis, Article 136 quater, § 1(30).
Belgium
Belgium’s Law relating to the Repression of Grave Breaches of International Humanitarian Law (1993), as amended in 2003, provides:
War crimes envisaged in the 1949 [Geneva] Conventions … and in the [1977 Additional Protocols I and II] … , as well as in Article 8(2)(f) of the [1998 ICC Statute], and listed below, … constitute crimes under international law and shall be punished in accordance with the provisions of the present title … :
16 bis improper use of … the flag or the military insignia and uniform … of the United Nations Organization, when it results in loss of life or serious injury. 
Belgium, Law relating to the Repression of Grave Breaches of International Humanitarian Law, 1993, as amended on 23 April 2003, Article 1 ter, § 1(16 bis).
Bosnia and Herzegovina
Under the Federation of Bosnia and Herzegovina’s Criminal Code (1998), “whoever misuses or carries without authorization the flag or emblem of the Organization of the United Nations” commits a war crime. 
Bosnia and Herzegovina, Federation, Criminal Code, 1998, Article 166(1).
The Republika Srpska’s Criminal Code (2000) contains the same provision. 
Bosnia and Herzegovina, Republika Srpska, Criminal Code, 2000, Article 445(1).
Bosnia and Herzegovina
Bosnia and Herzegovina’s Criminal Code (2003) states:
(1) Whoever misuses or carries without authorization the flag or emblem of the Organization of the United Nations …
shall be punished by a fine or imprisonment for a term not exceeding three years.
(2) Whoever perpetrates the criminal offence referred to in paragraph 1 of this Article during a state of war or imminent war …
shall be punished by imprisonment for a term of between six months and five years. 
Bosnia and Herzegovina, Criminal Code, 2003, Article 184.
Burkina Faso
Burkina Faso’s Code (1994) of Military Justice punishes the improper use, in violation of the laws and customs of war, of the distinctive insignia and emblems for the protection of persons, objects and locations as defined in international conventions, in time of war and in an area of military operations. 
Burkina Faso, Code of Military Justice, 1994, Article 205.
Burundi
Burundi’s Military Penal Code (1980) states:
Any person who, in the area of operations of a force or unit [and] in violation of the laws and customs of war, improperly uses the distinctive signs and emblems defined by the international conventions to ensure respect for persons, objects and places protected by these conventions, is punished with two to five years’ imprisonment. 
Burundi, Military Penal Code, 1980, Article 60.
Burundi
Burundi’s Law on Genocide, Crimes against Humanity and War Crimes (2003) states:
[The following are] considered as war crimes:
B. Other serious violations of the laws and customs applicable in international armed conflicts, within the established framework of international law, namely, any of the following acts:
g) making improper use … of the flag or of the military insignia and uniform of … the United Nations … , resulting in death or serious personal injury. 
Burundi, Law on Genocide, Crimes against Humanity and War Crimes, 2003, Article 4(B)(g).
Burundi
Burundi’s Penal Code (2009) states:
“War crimes” means crimes which are committed as part of a plan or policy or as part of a large-scale commission of such crimes, in particular:
2. … [S]erious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
7o. Making improper use … of the flag or of the military insignia and uniform … of the United Nations, … resulting in death or serious personal injury. 
Burundi, Penal Code, 2009, Article 198(2)(7°).
Canada
Canada’s Crimes against Humanity and War Crimes Act (2000) provides that the war crimes defined in Article 8(2) of the 1998 ICC Statute are “crimes according to customary international law” and, as such, indictable offences under the Act. 
Canada, Crimes against Humanity and War Crimes Act, 2000, Section 4(1) and (4).
Congo
The Congo’s Genocide, War Crimes and Crimes against Humanity Act (1998) defines war crimes with reference to the categories of crimes defined in Article 8 of the 1998 ICC Statute. 
Congo, Genocide, War Crimes and Crimes against Humanity Act, 1998, Article 4.
Côte d’Ivoire
Côte d’Ivoire’s Penal Code (1981), as amended in 1998, punishes “any individual who, in an area of military operations, uses, in violation of the laws and customs of war, the distinctive insignia and emblems, defined by international conventions, to ensure respect for protected persons, objects and places”. 
Côte d’Ivoire, Penal Code, 1981, as amended in 1998, Article 473.
Croatia
Under Croatia’s Criminal Code (1997), “whoever misuses or carries without authorization the flag or emblem of the United Nations” commits a war crime. 
Croatia, Criminal Code, 1997, Article 168(1).
Croatia
Croatia’s Criminal Code (1997), as amended to 2006, punishes whoever “misuses or carries without authorization the flag or emblem of the United Nations”. 
Croatia, Criminal Code, 1997, as amended to 2006, Article 168(1).
Czech Republic
The Czech Republic’s Criminal Code (1961), as amended in 1999, punishes any “person who, in time of war, misuses the flag of the United Nations Organization”. 
Czech Republic, Criminal Code, 1961, as amended in 1999, Article 265(2).
Democratic Republic of the Congo
The Democratic Republic of the Congo’s Code of Military Justice (1972), as amended in 1980, punishes “any individual, whether military or not, who, in time of war … improperly uses the distinctive signs and emblems defined by international conventions to ensure respect for the persons, objects and places protected under these conventions”. 
Democratic Republic of the Congo, Code of Military Justice, 1972, as amended in 1980, Article 455.
Denmark
Denmark’s Penal Code (1930), as amended to 2008, states:
(1) A fine is imposed on any person who intentionally or negligently, in an improper manner, uses
(iii) badges, insignia or names of international organisations.
(2) The provision of subsection (1) applies correspondingly to imitations of such badges, insignia, official garments and designations. 
Denmark, Penal Code, 1930, as amended to 2008, Article 132.
Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment]. 
Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment]. 
Denmark, Military Criminal Code, 2005, § 36(2).
Fiji
Fiji’s Geneva Conventions Promulgation (2007), as amended in 2009, states:
Part IV—Misuse of the Red Cross and Other Emblems, Signs, Signals, Identity Cards, Insignia and Uniforms
Use of red cross, red crescent and other emblems, etc.
12.—(1) Subject to the provisions of this section, it shall not be lawful for any person, without the consent in writing of the Minister of Home Affairs or a person authorized in writing by the Minister to give consent under this section, to use or display for any purpose whatsoever any of the following:
(j) such other flags, emblems, designations, signs, signals, designs, wordings, … insignia or uniforms as are prescribed for the purpose of giving effect to the Conventions or Protocols. 
Fiji, Geneva Conventions Promulgation, 2007, as amended in 2009, § 12(1)(j).
Finland
Finland’s Criminal Code (1889), as amended in 2008, provides that any person who “misuses … the flag of the United Nations” shall be “sentenced for a war crime to imprisonment for at least one year or for life”. 
Finland, Criminal Code, 1889, as amended in 2008, Chapter 11, Section 5(1)(11).
(emphasis in original)
France
France’s Code of Military Justice (1982) punishes:
any individual, military or not, who, in time of war, in the area of operations of a force or unit, in violation of the laws and customs of war, uses improperly the distinctive signs and emblems defined by international conventions to ensure respect for persons, objects and places protected by those conventions. 
France, Code of Military Justice, 1982, Article 439.
France
France’s Code of Military Justice (2006) states:
The offence by any person, military or not, who in times of war, in the area of operations of a force or unit, in violation of the laws and customs of war, improperly uses the distinctive signs and emblems defined by the international conventions to ensure the respect of persons, objects and places protected by these conventions, is punished with five years’ imprisonment. 
France, Code of Military Justice, 2006, Article L. 322-16.
France
France’s Code of Defence (2004), as amended in 2008, states: “[Combatants] are … prohibited to improperly use … the distinctive emblems recognized by international law.” 
France, Code of Defence, 2004, as amended in 2008, Article D4122-9.
Georgia
Under Georgia’s Criminal Code (1999), any war crime provided for by the 1998 ICC Statute, which is not explicitly mentioned in the Code, such as “making improper use … of the flag or of the military insignia and uniform … of the United Nations, … resulting in death or serious personal injury” in international armed conflicts, is a crime. 
Georgia, Criminal Code, 1999, Article 413(d).
Germany
Germany’s Law Introducing the International Crimes Code (2002) punishes anyone who, in connection with an international or non-international armed conflict, “makes improper use … of the flag … or of the uniform … of the United Nations, thereby causing a person’s death or serious injury”. 
Germany, Law Introducing the International Crimes Code, 2002, Article 1, § 10(2).
Guinea
Guinea’s Criminal Code (1998) punishes “anyone [who], in an area of military operations and in violation of the laws and customs of war, uses distinctive insignia and emblems defined in international conventions to ensure respect for protected persons, objects and places”. 
Guinea, Criminal Code, 1998, Article 579.
Iraq
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) identifies the following as a serious violation of the laws and customs of war applicable in international armed conflicts: “Making improper use of … the flag, or the military insignia and uniform of the enemy or of the United Nations … resulting in death or serious personal injury”. 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 13(2)(H).
Ireland
Under Ireland’s Geneva Conventions Act (1962), as amended in 1998, any “minor breach” of the 1977 Additional Protocol I, including violations of Article 38(2), is a punishable offence. 
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).
Italy
Italy’s Wartime Military Penal Code (1941) punishes anyone who “uses improperly … the international distinctive signs of protection”. 
Italy, Wartime Military Penal Code, 1941, Article 180(3).
Lithuania
Under Lithuania’s Criminal Code (1961), as amended in 1998, “unlawful use of … the emblem of the United Nations, … in time of war, or during an international armed conflict” is a war crime. 
Lithuania, Criminal Code, 1961, as amended in 1998, Article 344.
Mali
Mali’s Code of Military Justice (1995) punishes:
any individual … who, in time of war, in the area of operations of a military force and in violation of the laws and customs of war, improperly uses the distinctive signs and emblems defined in international conventions to ensure respect for persons, objects and places protected by these conventions. 
Mali, Code of Military Justice, 1995, Article 145.
Mali
Under Mali’s Penal Code (2001), “using … the flag or military insignia or uniform … of the United Nations Organization … and, thereby, causing loss of human lives or serious injuries” is a war crime in international armed conflicts. 
Mali, Penal Code, 2001, Article 31(i)(7).
Netherlands
Under the International Crimes Act (2003) of the Netherlands, “making improper use … of the flag or of the military insignia and uniform … of the United Nations, … resulting in death or serious personal injury”, is a crime, when committed in an international armed conflict. 
Netherlands, International Crimes Act, 2003, Article 5(3)(f).
New Zealand
Under New Zealand’s International Crimes and ICC Act (2000), war crimes include the crimes defined in Article 8(2)(b)(vii) of the 1998 ICC Statute. 
New Zealand, International Crimes and ICC Act, 2000, Section 11(2).
Norway
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the two additional protocols to [the 1949 Geneva] Conventions … is liable to imprisonment. 
Norway, Military Penal Code, 1902, as amended in 1981, § 108(b).
Norway
Norway’s Penal Code (1902) provides that it is a punishable offence to use:
without authority publicly or for an unlawful purpose … any designation recognized or commonly used in Norway or abroad of an international organization or any insignia or seal used by an international organization if Norway is a member of the said organization or has by international agreement undertaken to give protection against such use. 
Norway, Penal Code, 1902, § 328(4)(b).
Norway
Norway’s Penal Code (1902), as amended in 2008, states: “Any person is liable to punishment for a war crime who in connection with an armed conflict … makes improper use of a flag of … the United Nations … resulting in death or serious injury.” 
Norway, Penal Code, 1902, as amended in 2008, § 105(c).
Peru
Peru’s Code of Military and Police Justice (2006) states:
Any member of the military or police who in the context of an international or non-international armed conflict kills or seriously injures a person by making improper use of … the flag, military insignia, uniform or flag of … the United Nations shall be imprisoned for a period of no less than ten and no more than 20 years.
If the person intentionally causes the death of another person, the penalty shall be no less than 20 and more than 30 years’ imprisonment. 
Peru, Code of Military and Police Justice, 2006, Article 100.
This article is no longer in force. Along with certain other articles in this legislation, it was declared unconstitutional by the Constitutional Court (en banc decision for case file No. 0012-2006-PI-TC, 8 January 2007) because it does not stipulate a crime committed in the line of duty that would fall under the jurisdiction of a military court pursuant to Article 173 of Peru’s Constitution.
Poland
Poland’s Penal Code (1997) punishes “any person who, during hostilities, uses … flags … of an international organization … in violation of international law”. 
Poland, Penal Code, 1997, Article 126(2).
Republic of Korea
The Republic of Korea’s ICC Act (2007) provides for the punishment of anyone who commits the war crime of “[making] improper use … of the flag or military insignia or uniform … of the United Nations, resulting in a person’s death or serious personal injury” in both international and non-international armed conflicts. 
Republic of Korea, ICC Act, 2007, Article 12(2).
Senegal
Senegal’s Penal Code (1965), as amended in 2007, states that the following constitute war crimes:
b) [O]ther serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
6. making improper use … of the flag or of the military insignia and uniform of … the United Nations …, resulting in death or serious personal injury. 
Senegal, Penal Code, 1965, as amended in 2007, Article 431-3(b)(6).
Serbia
Serbia’s Criminal Code (2005) states: “Whoever abuses or carries without authorization the flag or sign of the United Nations Organization … or symbols corresponding thereto or … who orders such acts to be committed, shall be punished by imprisonment for up to three years.” 
Serbia, Criminal Code, 2005, Article 385.
Slovakia
Slovakia’s Criminal Code (1961), as amended, punishes any “person who, in time of war, misuses the flag of the United Nations Organization”. 
Slovakia, Criminal Code as amended, 1961, Article 265(2).
Slovenia
Under Slovenia’s Penal Code (1994), “whoever abuses or carries without authorization the flag or emblem of the United Nations Organization” commits a war crime. 
Slovenia, Penal Code, 1994, Article 386(1).
South Africa
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, insignia or uniform of the United Nations … resulting in death or serious personal injury”. 
South Africa, ICC Act, 2002, Schedule 1, Part 3, § (b)(vii).
Spain
Spain’s Penal Code (1995) punishes “anyone who, during an armed conflict … uses improperly … the flag, uniform, insignia or distinctive emblem … of the United Nations”. 
Spain, Penal Code, 1995, Article 612(5).
Spain
Spain’s Penal Code (1995), as amended in 2010, states:
Anyone who [commits any of the following acts] during armed conflict shall be punished with three to seven years’ imprisonment:
4. Improperly using the protective or distinctive signs, emblems or signals established and recognized under international treaties to which Spain is a party. 
Spain, Penal Code, 1995, as amended on 23 June 2010, Article 612(4).
Sudan
Sudan’s Armed Forces Act (2007) provides:
Subject to the provisions of the Criminal Act of 1991, shall be punished with imprisonment for a term not exceeding five years, whoever intentionally misuses … insignia of any international … organization … the result of such acts being death, or considerable casualty among enemy personnel. 
Sudan, Armed Forces Act, 2007, Article 155.
Sweden
Under Sweden’s Penal Code (1962), as amended in 1998, “misuse of the insignia of the United Nations” constitutes a crime against international law. 
Sweden, Penal Code, 1962, as amended in 1998, Chapter 22, § 6(2).
Switzerland
Switzerland’s Military Criminal Code (1927), taking into account amendments entered into force up to 2011, states in a chapter entitled “War crimes”:
Art. 110
Articles 112–114 apply in the context of international armed conflicts, including in situations of occupation, and, if the nature of the offence does not exclude it, in the context of non-international armed conflicts.
Art. 112c
1 The penalty shall be a custodial sentence of not less than three years for any person who, in the context of an armed conflict:
g. makes improper use … of the flag, the uniform, the military insignia … of the United Nations Organization[.] 
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 110 and 112c (1)(g).
Switzerland
Switzerland’s Penal Code (1937), taking into account amendments entered into force up to 2011, states under the title “War crimes”:
Art. 264b
Articles 264d–264j apply in the context of international armed conflicts, including in situations of occupation, and, if the nature of the offence does not exclude it, in the context of non-international armed conflicts.
Art. 264g
1 The penalty shall be a custodial sentence of not less than three years for any person who, in the context of an armed conflict:
g. makes improper use … of the flag, the uniform, the military insignia … of the United Nations Organization[.] 
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Articles 264b and 264g (1)(g).
Switzerland
Switzerland’s Law on the Protection of the UN Names and Emblems (1961) provides:
1. It is prohibited, except as authorized by the Secretary-General of the Organization of the United Nations, to use the following signs, belonging to the said organization
a. The name of the organization (in every language);
b. Its acronyms (in official Swiss languages and in English);
c. Its arms, flags and other emblems.
2. The prohibition applies similarly to imitations of the signs referred to in paragraph (1).
Anyone who, intentionally and in violation of the provisions of the present law, has made use of the names, acronyms, arms, flags and other emblems of intergovernmental organizations referred to in article 1 … or of any other signs constituting imitation thereof, … [commits a punishable offence]. 
Switzerland, Law on the Protection of the UN Names and Emblems, 1961, Articles 1 and 7(1).
United Kingdom of Great Britain and Northern Ireland
Under the UK ICC Act (2001), it is a punishable offence to commit a war crime as defined in Article 8(2)(b)(vii) of the 1998 ICC Statute. 
United Kingdom, ICC Act, 2001, Sections 50(1) and 51(1) (England and Wales) and Section 58(1) (Northern Ireland).
Uruguay
Uruguay’s Law on Cooperation with the ICC (2006) states:
26.2. Persons and objects affected by the war crimes set out in the present provision are persons and objects which international law protects in international or internal armed conflict.
26.3. The following are war crimes:
15. Making improper use … of the flag or of the military insignia and uniform of the enemy or of the United Nations … , resulting in death or serious personal injury. 
Uruguay, Law on Cooperation with the ICC, 2006, Article 26.2 and 26.3.15.
Yugoslavia, Socialist Federal Republic of
Under the Socialist Federal Republic of Yugoslavia’s Penal Code (1976), as amended in 2001, “those who misuse or carry without permission the flag or emblem of the United Nations Organization” commit a war crime. 
Yugoslavia, Socialist Federal Republic of, Penal Code, 1976, as amended in 2001, Article 153(1).
The Commentary on the Penal Code specifies:
The misuse of international emblems is committed, as a rule, during a war or an armed conflict … The aggravated form of this criminal act … exists when the misuse or unauthorized use of international emblems is committed in the war operations zone. 
Yugoslavia, Socialist Federal Republic of, Penal Code, 1976, as amended in 2001, Commentary on Article 153.
Canada
In 2013, in the Sapkota case, Canada’s Federal Court dismissed a request for review of a decision denying refugee protection to the applicant on grounds of complicity in crimes against humanity in Nepal between 1991 and 2009. While reviewing the submissions of the respondent, Canada’s Minister of Citizenship and Immigration, the Court stated: “The Respondent notes that the Rome Statute of the International Criminal Court … is endorsed in Canada as a source of customary law.” 
Canada, Federal Court, Sapkota case, Reasons for Judgment and Judgment, 15 July 2013, § 28.
Indonesia
According to the Report on the Practice of Indonesia, although it is not specifically mentioned in Indonesia’s Military Manual, senior officers of the Indonesian armed forces consider that the use of UN peacekeeping uniforms would come within the prohibition of the use of uniforms of neutral States or other States not parties to the conflict. 
Report on the Practice of Indonesia, 1997, Interviews with senior officers of the armed forces, Chapter 2.6, referring to The Basics of International Humanitarian Law, Legal Division of the Indonesian Armed Forces, 1982, § 104.
United Kingdom of Great Britain and Northern Ireland
A training video on IHL produced by the UK Ministry of Defence illustrates the rule that the false use of emblems is forbidden. 
United Kingdom, Ministry of Defence, Training Video: The Geneva Conventions, 1986, Report on UK Practice, 1997, Chapter 2.4.
United States of America
In 1987, the Deputy Legal Adviser of the US Department of State affirmed: “We support the principle … that internationally recognized protective emblems … not be improperly used.” 
United States, Remarks of Michael J. Matheson, Deputy Legal Adviser, US Department of State, The Sixth Annual American Red Cross-Washington College of Law Conference on International Humanitarian Law: A Workshop on Customary International Law and the 1977 Protocols Additional to the 1949 Geneva Conventions, American University Journal of International Law and Policy, Vol. 2, 1987, p. 425.
UN General Assembly
In a resolution adopted in 1946 on the official seal and emblem of the United Nations, the UN General Assembly provided that member States:
should take such legislative or other appropriate measures as are necessary to prevent the use, without authorization by the Secretary-General of the United Nations, and in particular for commercial purposes by means of trade marks or commercial labels, of the emblem … of the United Nations. 
UN General Assembly, Res. 92 (I), 7 December 1946, § (a), adopted without a vote.
UN Secretary-General
In 1995, in a report concerning the former Yugoslavia, the UN Secretary-General referred to, on the basis of information gathered by UNPROFOR, the alleged use of UN uniforms by Bosnian Serbs. 
UN Secretary-General, Report submitted pursuant to Security Council Resolution 1010 (1995), UN Doc. S/1995/755, 30 August 1995, § 11.
UN Commission on Human Rights (Special Rapporteur)
In 1995, in a report on the situation of human rights in the territory of the former Yugoslavia, the Special Rapporteur of the UN Commission on Human Rights reported the use of UNPROFOR uniforms by Bosnian Serb soldiers at the fall of Srebrenica. They had allegedly pretended to be local UNPROFOR staff and urged people fleeing from Srebrenica to go to particular locations, possibly into traps. 
UN Commission on Human Rights, Special Rapporteur on the Situation of Human Rights in the Former Yugoslavia, Final periodic report, UN Doc. E/CN.4/1996/9, 22 August 1995, § 35.
No data.
CSCE Helsinki Summit (1992)
In 1992, at the Helsinki Summit of Heads of State or Government, CSCE participating States reaffirmed their commitment to prevent the misuse of the UN emblem. 
CSCE, Helsinki Summit of Heads of State or Government, 9–10 July 1992, Helsinki Document 1992: The Challenges of Change, Decisions, Chapter VI: The Human Dimension, § 51.
No data.
ICRC
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that “it is prohibited to use the distinctive emblem of the United Nations, except as authorized by that Organization”. 
Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, § 406.
No data.