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5.23.1.5 Use of Enemy Codes, Passwords, and Countersigns Not Restricted. Theprohibition on misuse of enemy flags, insignia, and military uniforms refers only to concretevisual objects, rather than enemy codes, passwords, and countersigns. 668 Enemy codes,passwords, and countersigns may be used as a ruse to aid military operations. 669 Enemy use ofthese measures is permissible because military forces are expected to take measures to guardagainst the use of their codes, passwords, and countersigns by the enemy.5.23.2 Persons Using Enemy Uniforms May Be Liable to Treatment as Spies andSaboteurs. Although the use of enemy uniforms outside of combat generally is neitherprohibited by the customary law of war nor by law of war treaties to which the United States is aParty, combatants captured by an opposing party behind the opposing party’s lines while wearingthe uniform of the opposing party may be liable to treatment as spies and saboteurs. 6705.23.3 AP I and the Use of Enemy Flags, Insignia, or Uniforms to Shield, Favor, Protect,or Impede Military Operations. In addition to prohibiting the use of enemy uniforms whileengaging in attacks, AP I also prohibits the use of flags, military emblems, insignia, or uniformsof an enemy in order to shield, favor, protect, or impede military operations. 671 Canada hastaken a reservation from this rule. 672This provision of AP I is unclear as to what uses would be permissible and what useswould be prohibited. 673 However, because the United States is not a Party to AP I and becausethe rule is not part of customary international law, U.S. military personnel are not subject to thismore restrictive rule.5.24 IMPROPER USE OF CERTAIN SIGNSCertain signs, symbols, or signals reflect a status that receives special protection underthe law of war, and thus these signs may not be improperly used. They may not be used: (1)while engaging in attacks; (2) in order to shield, favor, or protect one’s own military operations;668 Cf. BOTHE, PARTSCH, & SOLF, NEW RULES 214 (AP I art. 29, 2.3.3) (“The term ‘emblem, insignia, or uniforms’[in AP I art. 39(2)] refers only to concrete visual objects, including the national symbols marked on military vehiclesand aircraft. This prohibition does not apply to the ruse of using the adversary’s codes, passwords and countersignsto aid military operations.”).669 See, e.g., BOTHE, PARTSCH, & SOLF, NEW RULES 207 footnote 25 (AP I art. 37, 2.5) (“It would be a legitimateruse to use the electronic transponder aboard a combatant aircraft to respond with the code used for identifyingfriendly aircraft,”); SPAIGHT, AIR POWER AND WAR RIGHTS 176 (“The greatly developed use of wireless telephonyafforded opportunities for deception of which the airmen were not slow to avail themselves. The feigning of ordersto enemy machines to return to their base, for instance, was a common ruse.”).670 Refer to § 4.17 (Spies, Saboteurs, and Other Persons Engaging in Similar Acts Behind Enemy Lines).671 AP I art. 39(2) (“It is prohibited to make use of the flags or military emblems, insignia or uniforms of adverseParties while engaging in attacks or in order to shield, favour, protect or impede military operations.”).672 Canada, Statement on Ratification of AP I, Nov. 20, 1990, 1591 UNTS 462, 463 (“The Government of Canadadoes not intend to be bound by the prohibitions contained in paragraph 2 of Article 39 to make use of militaryemblems, insignia or uniforms of adverse parties in order to shield, favour, protect or impede military operations.”).673 BOTHE, PARTSCH, & SOLF, NEW RULES 214 (AP I art. 39, 2.3) (Article 39(2) of AP I “suggests that some uses[of the enemy uniform] are not breaches of the Protocol, but the boundary between forbidden and permissible uses isnot very distinct.”).300