Practice Relating to Rule 65. Perfidy
Section F. Simulation of protected status by using the distinctive emblems of the Geneva Conventions
Spain’s LOAC Manual (1996) states: “It is prohibited to feign a protected status by inviting the confidence of the enemy: misuse of distinctive signs and signals.”
The manual also states that it is a grave breach of the law of war and a war crime “to make a perfidious use of the distinctive sign of the Red Cross”.
Spain’s LOAC Manual (2007) prohibits the act of perfidy and states that it is a war crime to make “[deliberate] misuse of … recognized protective emblems (act of perfidy), causing death or seriously endangering physical health or integrity”.
Spain’s Penal Code (1995) punishes:
anyone who, during an armed conflict … uses … in a perfidious manner the protective or distinctive signs, emblems or signals established and recognized under international treaties to which Spain is a party, in particular the distinctive signs of the Red Cross and Red Crescent.
Spain’s Penal Code (1995), as amended in 2010, removes the reference to “in a perfidious manner” from this article.