Practice Relating to Rule 59. Improper Use of the Distinctive Emblems of the Geneva Conventions
China’s Law on the Red Cross Society (1993) states:
Article 16 The sign of the Red Cross plays a protective role and an indicative role as well.
The protective role of the sign of the Red Cross is to show the personnel and equipment that must be respected and protected in armed conflicts. The sign shall be used in conformity with the relevant provisions of the Geneva Conventions and their Additional Protocols.
The indicative role of the sign of the Red Cross is to show the personnel or goods that are involved in activities of the Red Cross. The way the sign is to be used shall be defined by the State Council.
Article 18 In case the armed forces use the sign of the Red Cross, the relevant provisions of the Geneva Conventions and their Additional Protocols shall apply.
Article 19 Abuse of the sign of the Red Cross is prohibited.
In case the sign of the Red Cross is abused, the Red Cross Society shall have the right to demand such acts cease; in case of refusing to cease such acts, the Red Cross Society may appeal to the people’s government to deal with the matter according to the provisions of relevant laws and regulations.
China’s Emblem Regulations (1996) provide:
Use of the red cross emblem by any organizations or individuals other than those mentioned in the present Regulations [medical establishments of the armed forces, the Chinese Red Cross Society, as well as foreign and domestic voluntary relief organizations and international Red Cross institutions with the approval of the State Council or the Central Military Commission] shall be forbidden.
According to the Report on the Practice of China, it is China’s opinion that unauthorized use of the ICRC emblem is not acceptable.