What Is Perfidy and Why Is It Prohibited under International Humanitarian Law?
International humanitarian law (IHL) prohibits certain methods of warfare. One such prohibited method is perfidy, while ruses of war are permitted, provided they comply with IHL.
Under Article 37 of Additional Protocol I to the 1949 Geneva Conventions, it is prohibited to kill, injure, or capture an adversary by resorting to perfidy.
Perfidy refers to acts intended to invite the adversary’s confidence that they are entitled to protection under international law, with the deliberate intention of betraying that confidence. For example, when a combatant pretends to be wounded and then kills someone who approaches to provide assistance.
Examples of perfidy expressly listed in the Protocol include:
- feigning an intention to negotiate under a flag of truce or feigning surrender;
- feigning injury or illness in order to carry out an attack;
- feigning civilian or non-combatant status;
- feigning a protected status through the improper use of emblems, insignia, or uniforms of the United Nations or neutral States.
It is important to note that the deliberate misuse of the protective emblems of the Red Cross, Red Crescent, or Red Crystal during armed conflict in order to deceive the adversary also constitutes a violation of IHL.
At the same time, Article 37 of Additional Protocol I confirms that ruses of war are not prohibited, provided that they:
- do not violate international humanitarian law;
- are not of a perfidious nature;
- do not misuse the protections afforded by international law.
Examples of lawful ruses of war include camouflage, decoy operations, traps, and misinformation.
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