Table of contents:
Element:
3. The perpetrator used a flag, insignia, or uniform of the United Nations.
General evidentiary comment:
Protected UN signs are the blue UN flag and other insignia of the UN. One commentator submits that military insignia of the UN are distinguishing marks or signs or badges of authority that identify personnel as members of the military, police or civilian components of the UN or its specialised agencies, or vehicles, vessels, aircraft or buildings of the UN or its specialized agencies. (M. Cottier, in: O. Triffterer, (ed.), Commentary on the Rome Statute of the International Criminal Court (1999) article 8, margin number 76) (footnotes omitted)
One commentator suggests that with regard to the United Nations, it is appropriate to state that the wrongful use of its signs, emblems or uniforms can constitute an act of perfidy in the sense of Article 37 only in cases where the personnel of the United Nations have the status of neutral or protected persons, and not in situations where members of United Nations armed forces intervene in a conflict as combatants, even when this is for peacekeeping purposes. However this type of abuse remains unlawful. (footnotes omitted) (ICRC Commentary to Additional Protocol I, p. 439)
