Introducing
Your new presentation assistant.
Refine, enhance, and tailor your content, source relevant images, and edit visuals quicker than ever before.
Trending searches
Ruses and Perfidy
Article 37 Protocol 1 -- Prohibition of perfidy
1. It is prohibited to kill, injure or capture an adversary by resort to perfidy. Acts inviting the confidence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of international law applicable in armed conflict, with intent to betray that confidence, shall constitute perfidy. The following acts are examples of perfidy:
(a) the feigning of an intent to negotiate under a flag of truce or of a surrender;
(b) the feigning of an incapacitation by wounds or sickness;
(c) the feigning of civilian, non-combatant status; and
(d) the feigning of protected status by the use of signs, emblems or uniforms of the United Nations or of neutral or other States not Parties to the conflict.
Article 37(2). Ruses of war are not prohibited. Such ruses are acts which are intended to mislead an adversary or to induce him to act recklessly but which infringe no rule of international law applicable in armed conflict and which are not perfidious because they do not invite the confidence of an adversary with respect to protection under that law. The following are examples of such ruses: the use of camouflage, decoys, mock operations and misinformation.
so what's the difference?
Perfidy: now recognised as prohibited in NIAC (but uncertain if State practice really supports conclusion)
- attempt to gain enemy's confidence by feigning protected status under LOAC while intending to kill, wound or capture
- deliberate claim to legal protection for hostile purposes
WHY BANNED?
- no feigning of PROTECTED status
- no exploitation of LOAC
PERFIDY PROBLEMS
- causal connection to hostile intent
(delaying enemy attack, loading Red Cross van with ammo)
RUSES
SPIES
- deception in war and misleading of the enemy is allowed
- are intended to confuse enemy and induce reckless behaviour and make a tactical mistake
EXAMPLES - p. 427, 429
RUSES AND PERFIDY
PERFIDY
1. inviting confidence of enemy
2. subjective intent to betray confidence
3. actual betrayal involving protection afforded by LOAC
4. involving (attempted) killing, capturing, wounding
Examples - p. 423, 424
http://www.oprah.com/oprahshow/Ingrid-Betancourts-Hostage-Rescue-Mission-Video