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