Practice Relating to Rule 65. Perfidy
Section D. Simulation of surrender
Côte d’Ivoire’s Teaching Manual (2007) provides in Book III, Volume 1 (instruction of first-year trainee officers):
… IHL prohibits recourse to perfidy with the aim to kill, injure or capture an enemy.
Regarded as perfidy is any act which appeals to the good faith of the enemy, with the intention to deceive him, and with the aim to make him believe that he is entitled to receive, or has the obligation to give, protection provided by the rules of IHL.
The following acts are examples of perfidy:
- feigning surrender.
Côte d’Ivoire’s Penal Code (1981), as amended in 2015, states:
Whoever commits a war crime is punished with life imprisonment.
War crimes are:
2 - other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
- making improper use of a flag of truce … , resulting in death or serious personal injury[.]