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7.15.3.2 Distinctive Emblem Does Not in and of Itself Establish the Right toProtection. The distinctive emblem does not in and of itself establish the right to protection. 403Rather, the right to protection is established by the fact that the units, facilities, or personnel,have met the applicable requirements for protected status. 404Thus, if the distinctive emblem is displayed by forces not entitled to protection, thedisplay of the emblem does not confer protection and those forces may be made the object ofattack. On the other hand, if personnel who are entitled to protection are recognized as such,they remain entitled to respect and protection even if the distinctive emblem is not displayed. 4057.15.4 Prohibitions on Unauthorized Uses of the Distinctive Emblem. With the exceptionof certain cases mentioned in Article 44 of the GWS (discussed below), the emblem of the RedCross on a white ground and the words “Red Cross” or “Geneva Cross” may not be employed,either in time of peace or in time of war, except to indicate or to protect the medical units andestablishments, the personnel, and material protected by the GWS and other Conventions dealingwith similar matters (e.g., the GWS-Sea). 406 The same shall apply to the emblems mentioned inthe second paragraph of Article 38 of the GWS (i.e., the emblem of red crescent and the emblemof the red lion and sun), in respect of the countries that use them. 407The distinguishing signs referred to in Article 43 of the GWS-Sea (i.e., certain redcrosses on white backgrounds) may only be used, whether in time of peace or war, for indicatingor protecting the ships mentioned in Article 43, except as may be provided in any otherinternational Convention (e.g., the GWS) or by agreement between all the parties to the conflictconcerned. 408In particular, it is prohibited to use the distinctive emblem: (1) while engaging in attacks;(2) in order to shield, favor, or protect one’s own military operations; or (3) to impede enemy403 See GWS COMMENTARY 307, 312, 330. Consider AP I Amended Annex I art. 1(2) (“These rules do not in and ofthemselves establish the right to protection. This right is governed by the relevant articles in the Conventions andthe Protocol.”).404 Refer to, e.g., § 4.9.2 (Requirements for Military Medical and Religious Status); § 7.12.1.1 (Military HospitalShips); § 7.14.2 (Exclusively Employed for the Removal of the Wounded, Sick, or Shipwrecked, and for theTransport of Medical Personnel and Equipment).405 GWS-SEA COMMENTARY 229 (“Obviously, respect for camouflaged units will be purely theoretical. The enemycan respect a medical unit only if he knows of its presence. If the unit is exposed to long-range enemy fire, it willthus lose a large part of its security. If however, the enemy approaches, for instance, and recognizes the the [sic]medical unit as such, he must obviously respect it.”).406 GWS art. 44 (“With the exception of the cases mentioned in the following paragraphs of the present Article, theemblem of the Red Cross on a white ground and the words ‘Red Cross’, or ‘Geneva Cross’ may not be employed,either in time of peace or in time of war, except to indicate or to protect the medical units and establishments, thepersonnel and material protected by the present Convention and other Conventions dealing with similar matters.”).407 GWS art. 44 (“The same shall apply to the emblems mentioned in Article 38, second paragraph, in respect of thecountries which use them.”).408 GWS-SEA art. 44 (“The distinguishing signs referred to in Article 43 can only be used, whether in time of peaceor war, for indicating or protecting the ships therein mentioned, except as may be provided in any other internationalConvention or by agreement between all the Parties to the conflict concerned.”).475