§ 2. Crimes
Section 5
2. Anyone who commits, in the case of an international armed conflict, one of the grave breaches of the Additional Protocol (I), concluded in Bern on 12 December 1977, to the Geneva Conventions of 12 August 1949, relating to the protection of victims of international armed conflicts (Netherlands Treaty Series 1980, 87), namely:
(c) the following acts, when they are committed intentionally and in violation of the relevant provisions of Additional Protocol (I) and cause death or serious injury to body or health:
(vi) the perfidious use, in violation of article 37 of Additional Protocol (I), of the distinctive emblem of the red cross or red crescent or of other protective emblems recognised by the Geneva Conventions or Additional Protocol (I);

§ 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.

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

This provision is narrower than the ICC Statute.

The International Crimes Act 2003 has two provisions dealing with the improper use of the emblems of the Geneva Conventions; Sections 5(2)(c)(vi) and 5(5)(n). Section 5(5)(n) adopts the same wording as the Rome Statute.Section 5(2)(c)(vi) reflects the wording of Additional Protocol I (Articles 37 and 85(3)(f), which prohibit perfidy. The term 'improper', found in Article 8(2)(b)(vii) of the Rome Statute, may be interpreted in a similar manner to the term 'perfidious', found in Section 5(2)(c)(vi) and Additional Protocol I, since the Elements of Crimes require that the improper use be made 'for combatant purposes', and also refer to 'manners prohibited under internaitonal law'. The International Crimes Act adopts the wording of Elements of Crimes by introducing the requirement that perfidious usage causes death or serious injury to body or health. The International Crimes Act 2003 also makes reference to other protective emblems referred to in Additional Protocol I (such as the distinctive sign for civil defence, the special sign for works and installations containing dangerous forces and the distictive signals used to identify medical transports). These are not mentioned in the Rome Statute (Michael Bothe, War Crimes, pp. 379-479 in Cassese, Gaeta, Jones, The Rome Statute of the International Criminal Court: a commentary, Vol. 1, Oxford: Oxford University Press, 2002, pp. 404-405).