Part of a series on |
War (outline) |
---|
In the context of war, perfidy is a form of deception in which one side promises to act in good faith (such as by raising a flag of truce) with the intention of breaking that promise once the unsuspecting enemy is exposed (such as by coming out of cover to take the "surrendering" prisoners into custody).
Perfidy constitutes a breach of the laws of war and so is a war crime, as it degrades the protections and mutual restraints developed in the interest of all parties, combatants and civilians.
Perfidy is specifically prohibited under the 1977 Protocol I Additional to the Geneva Conventions of 12 August 1949 , which states:
Article 37. – 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.
2. Ruses of war are not prohibited. Such ruses are acts that 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.
Article 38. – Recognized emblems
1. It is prohibited to make improper use of the distinctive emblem of the red cross, red crescent or red lion and sun or of other emblems, signs or signals provided for by the Conventions or by this Protocol. It is also prohibited to misuse deliberately in an armed conflict other internationally recognized protective emblems, signs or signals, including the flag of truce, and the protective emblem of cultural property.
2. It is prohibited to make use of the distinctive emblem of the United Nations, except as authorized by that Organization.
Article 39. – Emblems of nationality
1. It is prohibited to make use in an armed conflict of the flags or military emblems, insignia or uniforms of neutral or other States not Parties to the conflict.
2. It is prohibited to make use of the flags or military emblems, insignia or uniforms of adverse Parties while engaging in attacks or to shield, favour, protect or impede military operations.
3. Nothing in this Article or in Article 37, paragraph 1(d), shall affect the existing generally recognized rules of international law applicable to espionage or to the use of flags in the conduct of armed conflict at sea.
Disapproval of perfidy was part of the customary laws of war long before the prohibition of perfidy was included in Protocol I. For example, in the 1907 Hague Convention IV – The Laws and Customs of War on Land, Article 23 includes:
In addition to the prohibitions provided by special Conventions, it is especially forbidden ... (b) To kill or wound treacherously individuals belonging to the hostile nation or army; ... (f) To make improper use of a flag of truce, of the national flag, or of the military insignia and military uniform of the enemy, as well as the distinctive badges of the Geneva Convention; ...
The Kilmichael Ambush (1921), part of the Irish War of Independence, was the scene of a notorious act of alleged perfidy. 36 members of the Irish Republican Army ambushed a truck carrying 18 Auxiliary Division officers. IRA leader Tom Barry claimed in his memoirs, Guerrilla Days in Ireland , that some of the Auxiliaries shouted, "We surrender, we surrender;" when IRA men stood up from their positions, they were fired upon by other Auxiliaries. This led Barry to not believe the Auxiliaries when, later in the battle, they attempted to surrender: all 18 were shot and left for dead. One Auxiliary escaped but was later captured and killed; another, Frederick Henry Forde, survived with severe injuries and was rescued by British forces. However, some historians have claimed that Barry invented the story of the false surrender in order to justify the killing of the entire unit. [1] [2] [3]
During the Pacific Theatre of World War II, the Imperial Japanese Armed Forces were reported to often disguise their installations and transportation with protective signs such as the red cross, booby-trap their dead and wounded and to fake surrenders or injuries to lure Allied troops into a trap then surprise-attack them. One example of supposed perfidy was the "Goettge Patrol" during the early days of the Guadalcanal Campaign in 1942. Confusion regarding a possible surrender of Japanese troops came about due to a sighting of what the Americans believed to be a "white flag" along with faulty intelligence from a captured, drunken Japanese officer. This resulted in more than 20 US combat deaths from the Japanese soldiers the Americans assumed would surrender. It has been asserted that the incident, along with many other perfidious actions of the Japanese throughout the Pacific War, led to an Allied tendency to shoot dead or wounded Japanese soldiers, those who were attempting to surrender and not to take POWs as readily as they might other enemy soldiers. [4] [5] [6]
At the Dachau Trials, the issue of whether the donning of enemy uniforms to approach the enemy without drawing fire was within the laws of war was established under international humanitarian law at the trial in 1947 of the planner and commander of Operation Greif, Otto Skorzeny. He was found not guilty by a US military tribunal of a crime by ordering his men into action in US uniforms. He had passed on to his men the warning of German legal experts that if they fought in US uniforms, they would be breaking the laws of war. During the trial, a number of arguments were advanced to substantiate this position and that the German and US militaries seem to be in agreement on it. In its judgement, the tribunal noted that the case did not require that the tribunal make findings other than those of guilty or not guilty and so no safe conclusion could be drawn from the acquittal of all accused. [7] The tribunal also emphasized the difference between using enemy uniforms in espionage versus combat. [8]
Since the Russian invasion of Ukraine in 2022, Russian soldiers have been accused of perfidy on numerous occasions, including the Makiivka surrender incident. [9]
Israeli forces have been accused of perfidy during the Israel-Hamas war by among others former executive director of Human Rights Watch Kenneth Roth and Dr. Aurel Sari, an associate professor of public international law at the University of Exeter and a fellow at the Supreme Headquarters Allied Powers Europe. [10]
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings including genocide or ethnic cleansing, the granting of no quarter despite surrender, the conscription of children in the military and flouting the legal distinctions of proportionality and military necessity.
The law of war is a component of international law that regulates the conditions for initiating war and the conduct of hostilities. Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law.
Combatant is the legal status of a person entitled to directly participate in hostilities during an armed conflict, and may be intentionally targeted by an adverse party for their participation in the armed conflict. Combatants are not afforded immunity from being directly targeted in situations of armed conflict and can be attacked regardless of the specific circumstances simply due to their status, so as to deprive their side of their support.
Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities; persons, such as combat medics and military chaplains, who are members of the belligerent armed forces but are protected because of their specific duties ; combatants who are placed hors de combat; and neutral persons, such as peacekeepers, who are not involved in fighting for one of the belligerents involved in a war. This particular status was first recognized under the Geneva Conventions with the First Geneva Convention of 1864.
An unconditional surrender is a surrender in which no guarantees, reassurances, or promises are given to the surrendering party. It is often demanded with the threat of complete destruction, extermination or annihilation.
The French ruse de guerre, sometimes literally translated as ruse of war, is a non-uniform term; generally what is understood by "ruse of war" can be separated into two groups. The first classifies the phrase purely as an act of military deception against one's opponent; the second emphasizes acts against one's opponent by creative, clever, unorthodox means, sometimes involving force multipliers or superior knowledge. The term stratagem, from Ancient Greek strategema, is also used in this sense.
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war. It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants.
Thomas Bernardine Barry, better known as Tom Barry, was a prominent guerrilla leader in the Irish Republican Army (IRA) during the Irish War of Independence and the Irish Civil War. He is best remembered for orchestrating the Kilmichael ambush, in which he and his column wiped out a 18-man patrol of Auxiliaries, killing sixteen men.
In civil and military jurisprudence, summary execution is the putting to death of a person accused of a crime without the benefit of a free and fair trial. The term results from the legal concept of summary justice to punish a summary offense, as in the case of a drumhead court-martial, but the term usually denotes the summary execution of a sentence of death. Under international law, it is a combatant's refusal to accept an opponent's lawful surrender and the combatant's provision of no quarter, by killing the surrendering opponents.
Protocol I is a 1977 amendment protocol to the Geneva Conventions concerning the protection of civilian victims of international war, such as "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes". In practice, Additional Protocol I updated and reaffirmed the international laws of war stipulated in the Geneva Conventions of 1949 to accommodate developments of warfare since the Second World War (1937–1945).
Enemy combatant is a term for a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict, used by the U.S. government and media during the War on Terror. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case of a civil war or an insurrection "state" may be replaced by the more general term "party to the conflict".
Surrender, in military terms, is the relinquishment of control over territory, combatants, fortifications, ships or armament to another power. A surrender may be accomplished peacefully or it may be the result of defeat in battle. A sovereign state may surrender following defeat in a war, usually by signing a peace treaty or capitulation agreement. A battlefield surrender, either by individuals or when ordered by officers, normally results in those surrendering becoming prisoners of war.
Under the Geneva Conventions, the emblems of the International Red Cross and Red Crescent Movement are to be worn by all medical and humanitarian personnel and also displayed on their vehicles and buildings while they are in an active warzone, and all military forces operating in an active warzone must not attack entities displaying these emblems. The International Red Cross and Red Crescent Movement recognizes four protection emblems, three of which are in use: the Red Cross, the Red Crescent, the Red Lion and Sun, and the Red Crystal.
Protocol III is a 2005 amendment protocol to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem. Under the protocol, the protective sign of the Red Crystal may be displayed by medical and religious personnel at times of war, instead of the traditional Red Cross or Red Crescent symbols. People displaying any of these protective emblems are performing a humanitarian service and must be protected by all parties to the conflict.
The Kilmichael ambush was an ambush near the village of Kilmichael in County Cork on 28 November 1920 carried out by the Irish Republican Army (IRA) during the Irish War of Independence. Thirty-six local IRA volunteers commanded by Tom Barry killed sixteen members of the Royal Irish Constabulary's Auxiliary Division. The Kilmichael ambush was politically as well as militarily significant. It occurred one week after Bloody Sunday and marked an escalation in the IRA's campaign.
Protective signs are legally protected symbols to be used during an armed conflict to mark persons and objects under the protection of various treaties of international humanitarian law. While their essential meaning can be summarized as "don't shoot" or "don't attack", the exact conditions implied vary depending on the respective sign and the circumstances of its use. The form, shape and color of these signs are defined by the rules of international humanitarian law. Usually, they are easy to draw in order to make even an improvised use as easy as possible, and they were chosen to be as concise, recognizable and visible as possible under all circumstances.
Air warfare must comply with laws and customs of war, including international humanitarian law by protecting the victims of the conflict and refraining from attacks on protected persons.
The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian treatment in war. The singular term Geneva Convention colloquially denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners, civilians and military personnel; establish protections for the wounded and sick; and provide protections for the civilians in and around a war-zone.
Operation Greif was a special operation commanded by Waffen-SS commando Otto Skorzeny during the Battle of the Bulge in World War II. The operation was the brainchild of Adolf Hitler, and its purpose was to capture one or more of the bridges over the Meuse river before they could be destroyed. German soldiers, wearing captured British and U.S. Army uniforms and using captured Allied vehicles, were to cause confusion in the rear of the Allied lines. A lack of vehicles, uniforms and equipment limited the operation and it never achieved its original aim of securing the Meuse bridges. Skorzeny's post-war trial set a precedent clarifying article 4 of the Geneva Convention: as the German soldiers removed the Allied uniforms before engaging in combat, they were not to be considered francs-tireurs.
Protected persons is a legal term under international humanitarian law and refers to persons who are under specific protection of the 1949 Geneva Conventions, their 1977 Additional Protocols, and customary international humanitarian law during an armed conflict.