TITLE XXIV
Offences against the International Community

CHAPTER III
Offences against Protected Persons and Property in the Event of Armed Conflict

Article 612
In the event of an armed conflict, a sentence of three to seven years’ imprisonment, which shall be in addition to any sentence imposed for the damage or injury caused, shall be imposed on anyone who does any of the following:
5th. Makes improper or treacherous use of the distinctive flag, uniform, insignia, or emblem of neutral States, United Nations or other States that are not parties in the conflict or adversaries, during attacks or so as to cover, favour, protect, or obstruct military operations, except as regards the exceptions expressly laid down in the international treaties of which Spain is a signatory.

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