Improper use of the military insignia and uniform of the enemy - IAC

Azerbaijan

Azerbaijan - Criminal Code (EN) 1999

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 17
WAR CRIMES

Article 119. Abusing a marks which are under protection

119.1. Use of emblems and distinctive signals of the Red cross or Red half moon as a protective or distinctive mark by persons not having right on it, use of emblems and names of the Red cross or the Red half moon with a view of, which is not compatible to principles of the International movement of the Red cross or the Red half moon, and also use of marks, alike with emblems of the Red Cross or Red half-moon during the military conflict -
shall be punished by imprisonment for the term up to two years.

119.2. Abusing a flag of truce, and also a flag, which has marks or regimentals of the United Nations Organization, including distinctive marks protected by the Geneva conventions of 1949, entailed to death of a victim or causing of heavy harm to his health -
shall be punished by imprisonment for the term from five up to ten years.

Azerbaijan - Criminal Code 1999 (amend 2018) (EN)

''Special part Section VII. Crimes against peace and security of humanity Chapter 17. War crimes
Article 119. Abusing a marks which are under protection''

119.1. The use of the emblems and distinctive signals of the Red Cross and the Red
Crescent as a protective or distinctive sign, use of the emblems and names of the Red
Cross and the Red Crescent for the purposes that are not compatible with the principles
of the International Red Cross and Red Crescent Movement, or any similar signals that
can be accepted as the emblems of the Red Cross and the Red Crescent used as a
protective sign during a military conflict by the persons who are not accordingly entitled
-
shall be punishable by imprisonment for the term up to two years.
119.2. Abusing a flag of truce, and also a flag, which has marks or regimentals of the
United Nations Organization, including distinctive marks protected by the Geneva
conventions of 1949, entailed to death of a victim or causing of heavy harm to his
health—
shall be punishable by imprisonment for the term from five up to ten years.

Rome Statute

Article 8 War crimes

2. For the purpose of this Statute, ‘war crimes’ means:

(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:

(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;