Practice Relating to Rule 65. Perfidy
Section E. Simulation of an intention to negotiate under the white flag of truce
New Zealand’s Military Manual (1992) states that “the feigning of an intent to negotiate under a flag of truce” is an example of perfidy.
The manual also states that “perfidious use of … protective signs recognised by the [1949 Geneva] Conventions or [the 1977 Additional Protocol I]” constitutes a grave breach of the 1977 Additional Protocol I and a war crime.
New Zealand’s Geneva Conventions Act (1958), as amended in 1987, provides: “Any person who in New Zealand or elsewhere commits, or aids or abets or procures the commission by another person of, a grave breach … of [the 1977 Additional Protocol I] is guilty of an indictable offence.”
Under New Zealand’s International Crimes and ICC Act (2000), war crimes include the crimes defined in Article 8(2)(b)(vii) of the 1998 ICC Statute.