186
conduct of hostilities
status.227 This Rule also encompasses improper use of the distinctive sign for civil defence,228 the distinctive emblem for cultural property,229 the flag of truce,230 and electronic protective markings such as those set forth in Annex I of Additional Protocol I.231 Improper use of these distinctive indicators jeopardizes identification of the protected persons and objects entitled to display them, undermines the future credibility of the indicators, and places persons and objects entitled to their protection at greater risk. 3. Unlike the previous Rule relating to perfidy, this Rule’s prohibitions are absolute.232 They are not limited to actions resulting (or intending to result) in the death, injury, or, in the case of a State Party to Additional Protocol I, capture of an adversary. 4. The term ‘improper use’ generally refers to ‘any use other than that for which the emblems were intended’, namely identification of the objects, locations, and personnel performing or serving a protected function.233 The mere display of a protective emblem, even when a reasonable person would realize its false nature, violates the Rule. Improper use does not encompass feigning protected status when protective indicators are not being displayed or used. As an example, consider an email from a Hotmail account to enemy forces that includes a bare assertion that the sender is a delegate of the International Committee of the Red Cross. The action does not breach the Rule because it does not misuse the organization’s emblem. 5. The International Group of Experts struggled with the issue of whether the prohibitions set forth in this Rule applied beyond the recognized and specified indicators. For instance, they discussed whether the use of an email employing the International Committee of the Red Cross domain name for purposes related to the conflict violate this Rule. The Experts took two different approaches. 227 228
229
230
231
232 233
Additional Protocol III, Art. 2(1). Additional Protocol I, Art. 66; US Commander’s Handbook, para. 8.5.1.2; UK Manual, para. 5.10, n. 41. Cultural Property Convention, Arts. 16, 17; US Commander’s Handbook, para. 8.5.1.4; AMW Manual, commentary accompanying Rule 112(a). Hague Regulations, Art. 23(f); Additional Protocol I, Art. 38(1); US Commander’s Handbook, para. 8.5.1.5; AMW Manual, commentary accompanying Rule 112; ICRC Customary IHL Study, Rule 58. Additional Protocol I, Annex I, Art. 9, as amended 30 November 1993. See also US Commander’s Handbook, paras. 8.5.2.1, 8.5.2.3. ICRC Additional Protocols Commentary, para. 1532. ICRC Customary IHL Study, commentary accompanying Rule 61.