Practice Relating to Rule 65. Perfidy
Section F. Simulation of protected status by using the distinctive emblems of the Geneva Conventions
New Zealand’s Military Manual (1992) states: “The use of false markings on military aircraft such as the markings of … medical aircraft … is the prime example of perfidious conduct in air warfare and is prohibited.”
The manual also states that “perfidious use of the distinctive emblem of the red cross, crescent or lion and sun” constitutes a grave breach of the 1977 Additional Protocol I and a war crime.
New Zealand’s Geneva Conventions Act (1958), as amended in 1987, provides: “Any person who in New Zealand or elsewhere commits, or aids or abets or procures the commission by another person of, a grave breach … of [the 1977 Additional Protocol I] is guilty of an indictable offence.”
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.