§ 2. Crimes
Section 5
3. Anyone who commits, in the case of an international armed conflict, one of the following acts:
(f) 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,
shall be liable to life imprisonment or a term of imprisonment not exceeding thirty years or a sixth category fine.
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;