Practice Relating to Rule 62. Improper Use of Flags or Military Emblems, Insignia or Uniforms of the Adversary
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 enemy … resulting in death or serious personal injury” in international armed conflicts, is a crime.
Georgia’s Criminal Code (1999), taking into account amendments up to 2017, states:
Intentional breach of the provisions of … international humanitarian law during armed conflicts between states or within a state, in particular:
f) improper use of a flag of temporary ceasefire, state flag, other markings, forms or signals of the adversary party … which has resulted in human deaths or serious bodily injuries;
shall be punished by imprisonment for a term of ten to fifteen years.