It doesn't apply in this case--while international humanitarian law often allows a degree or exigency (or military necessity) to be balanced against harm to civilians, there is no such exemption for use of the red cross symbol (for the obvious reasons that people would constantly be using ambulances to gain tactical surprise). Misuse of the ICRC is an absolute war crime, against which IHL would allow no such defence.
Hence the Columbians 'fessing up and apologizing so fast--and blaming it on a nervous soldier.
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