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military operations. 409 For example, using an ambulance marked with the Red Cross to mount asurprise attack against enemy forces would be prohibited. 410Certain non-military uses of the distinctive emblem are authorized under the GWS andGWS-Sea: (1) use by National Red Cross Societies and other Authorized Voluntary AidSocieties; (2) use by international Red Cross organizations and their duly authorized personnel;and (3) use by ambulances and free aid stations.7.15.4.1 Use by National Red Cross Societies and Other Authorized VoluntaryAid Societies. The National Red Cross Societies and other Authorized Voluntary Aid Societiesdesignated in Article 26 of the GWS shall have the right to use the distinctive emblem conferringthe protection of the GWS only within the framework of paragraph 1 of Article 44 of theGWS. 411 Furthermore, National Red Cross (Red Crescent, Red Lion and Sun) Societies may, intime of peace, in accordance with their national legislation, make use of the name and emblem ofthe Red Cross for their other activities that are in conformity with the principles laid down by theInternational Red Cross Conferences. 412 When those activities are carried out in time of war, theconditions for the use of the emblem shall be such that it cannot be considered as conferring theprotection of the GWS; the emblem shall be comparatively small in size and may not be placedon armlets or on the roofs of buildings. 413 This use of the emblem is simply to indicate anassociation with the Red Cross movement. 414409 Refer to § 5.24 (Improper Use of Certain Signs).410 For example, Trial of Heinz Hagendorf, XIII U.N. LAW REPORTS 146 (U.S. Intermediate Military GovernmentCourt, Dachau, Germany, Aug. 8-9, 1946) (“The accused, Heinz Hagendorf, a German soldier, was tried by a Unitedstates Intermediate Military Government Court at Dachau, Germany, being charged with having ‘wrongfully usedthe Red Cross emblem in a combat zone by firing a weapon at American soldiers from an enemy ambulancedisplaying such emblem.’”).411 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 the other Conventions dealing with similar matters.The same shall apply to the emblems mentioned in Article 38, second paragraph, in respect of the countries whichuse them. The National Red Cross Societies and other Societies designated in Article 26 shall have the right to usethe distinctive emblem conferring the protection of the Convention only within the framework of the presentparagraph.”).412 GWS art. 44 (“Furthermore, National Red Cross (Red Crescent, Red Lion and Sun) Societies may, in time ofpeace, in accordance with their national legislation, make use of the name and emblem of the Red Cross for theirother activities which are in conformity with the principles laid down by the International Red Cross Conferences.”).413 GWS art. 44 (“When those activities are carried out in time of war, the conditions for the use of the emblem shallbe such that it cannot be considered as conferring the protection of the Convention; the emblem shall becomparatively small in size and may not be placed on armlets or on the roofs of buildings.”).414 GWS COMMENTARY 325 (“In the second case, the sign is purely indicatory. It is only used to show that a personor object is connected with the Red Cross, without implying the protection of the Convention or any intention toinvoke it. It is, for example, used in this way to draw public attention to premises or publications. The emblemshould then, as a rule, be small in size, and the conditions under which it is used should preclude all risk of its beingconfused with the protective sign.”).476

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