It’s merely meant to be a digital equivalent of a physical red cross/crescent on a battlefield. So if the “hackers” are members of the armed forces of a State P

It’s merely meant to be a digital equivalent of a physical red cross/crescent on a battlefield. So if the “hackers” are members of the armed forces of a State Party to the Geneva Conventions of 1949, then… yes, they had better look up the emblem, if they don’t want to be seen as war criminals. That’s the idea at least. although, as I’ve said elsewhere in my comments on this, I think they’re going to need to propose an AP for it to have any actual legal effect.