'Improper use of a flag of truce - IAC' in document 'Portugal: Adaptation of Criminal Legislation '

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter II
Crimes

Section II
War crimes

Article 14
Improper use of distinctive insignia or emblems

1. Anyone who, in the context of an international armed conflict or a non-international armed conflict, improperly uses, with perfidious intent, a flag of truce, a national flag, the military insignia or uniform of the enemy or of the United Nations, or the distinctive emblems of the Geneva Conventions, thereby causing death or serious injury, shall be punished with a term of imprisonment of 10 to 25 years.

2. Anyone who, in the context of an international armed conflict or a non-international armed conflict, commits the acts described in the preceding paragraph, but without perfidious intent, shall be punished with a term of imprisonment of 1 to 5 years.

RELEVANT ROME STATUTE PROVISIONS

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