Colombia
Practice Relating to Rule 65. Perfidy
Under Colombia’s Instructors’ Manual (1999), the instructor must explain what perfidy is, i.e., “conduct which is prohibited by International Humanitarian Law”.
The Report on the Practice of Colombia refers to a draft internal working paper in which the Colombian Government stated that perfidy was prohibited under IHL.
Colombia’s Penal Code (2000), in an article entitled “Perfidy”, imposes a criminal sanction on “anyone who, during an armed conflict and with intent to harm or attack the adversary, simulates the condition of a protected person”, including the wounded and sick.
Colombia’s Directive on IHL (1993) punishes “the perfidious use of … protective signs recognized under the law of war (the white flag … for example).”
Colombia’s Instructors’ Manual (1999) provides: “Feigning surrender and then attacking is perfidy.”
Colombia’s Penal Code (2000), in an article entitled “Perfidy”, imposes a criminal sanction on “anyone who, during an armed conflict, with intent to harm or attack the adversary, … uses improperly … the white flag … of surrender”.
Colombia’s Directive on IHL (1993) punishes “the perfidious use of … protective signs recognized under the law of war (the white flag of parlementaires, for example)”.
Colombia’s Penal Code (2000), in an article entitled “Perfidy”, imposes a criminal sanction on “anyone who, during an armed conflict, with intent to harm or attack the adversary, … uses improperly … the white flag of parlementaires”.
Colombia’s Directive on IHL (1993) punishes:
the perfidious use of signs and signals, such as the distinctive signs which designate persons or objects specifically protected (… delegates of the International Committee of the Red Cross or other recognized humanitarian organizations), … [or of] distinctive signs used for the identification of the medical service.
Colombia’s Basic Military Manual (1995) states that the use of the red cross emblem to hide armaments or to deceive the adversary is “a grave breach of IHL called perfidy”.
Colombia’s Penal Code (2000), in an article entitled “Perfidy”, imposes a criminal sanction on “anyone who, during an armed conflict, with intent to harm or attack the adversary, … uses improperly signs of protection such as the Red Cross or the Red Crescent”.
Colombia’s Emblem Law (2004) states: “Abuse of the emblem is understood as perfidious use in accordance with Article 143 of the Colombian Penal Code.”
The Law further states: “Any person who abuses the emblem of the red cross in times of armed conflict must be punished in accordance with the Colombian Penal Code.”
Colombia’s Decree No. 138 (2005) states: “The abuse of the emblem is understood as the perfidious use of the emblem by medical or religious personnel in accordance with Article 143 of the Colombian Penal Code.”
Colombia’s Directive on IHL (1993) considers “the perfidious use of … protective signs recognized under the law of war” as a punishable offence.
Colombia’s Penal Code (2000), in an article entitled “Perfidy”, imposes a criminal sanction on “anyone who, during an armed conflict, with intent to harm or attack the adversary, … uses improperly … the flag of the United Nations or of other intergovernmental organizations”.
Colombia’s Penal Code (2000), in an article entitled “Perfidy”, imposes a criminal sanction on “anyone who, during an armed conflict, with intent to harm or attack the adversary, … uses improperly … signs of protection provided for in international treaties ratified by Colombia”.
Colombia’s Directive on IHL (1993) punishes “the perfidious use of … protective signs recognized under the law of war … [or of] the distinctive signs used for the identification … of civil defence”.
Colombia’s Penal Code (2000), in an article entitled “Perfidy”, imposes a criminal sanction on “anyone who, during an armed conflict and with intent to harm or attack the adversary, simulates the condition of a protected person”, which includes civilians.
In 1995, in a decision concerning the constitutionality of the 1977 Additional Protocol II, Colombia’s Constitutional Court stated: “The feigning of civilian status to injure, kill or capture an adversary constitutes an act of perfidy which is prohibited by the rules of international humanitarian law, as clearly stipulated in Article 37 of [the 1977 Additional Protocol I].” The Court held that, while the 1977 Additional Protocol II does not contain rules on perfidy in situations of non-international armed conflict,
that does not mean that it is authorized, since the treaty must be interpreted in the light of all the humanitarian principles. As stated in the Taormina Declaration, the prohibition of perfidy is one of the general rules governing the conduct of hostilities that applies in non-international armed conflicts.
Colombia’s Penal Code (2000), in an article entitled “Perfidy”, imposes a criminal sanction on “anyone who, during an armed conflict, with intent to harm or attack the adversary, … uses improperly … flags or uniforms of neutral States”.