Article 441
(1) Whoever misuses or carries without authorization the flag or emblem of the United Nations or the flag or emblem of the International Committee of the Red Cross or symbols equivalent to them or other internationally recognized signs used to mark certain facilities for their protection against military operations or who orders that such offences be committed shall be punished by a prison sentence for a term not exceeding three years.
(2) Whoever commits the offence set forth in paragraph 1 of this Article in a zone of war operations shall be punished by a prison sentence for a term from six months to five years.
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;