Practice Relating to Rule 65. Perfidy
Spain’s Field Regulations (1882) provides that perfidy is not permitted.
Spain’s LOAC Manual (1996) provides the same definition of perfidy as the one contained in Article 37(1) of the 1977 Additional Protocol I.
The manual further states: “Perfidy consists in committing a hostile act under the cover of a legal protection.”
The manual also states: “It is prohibited to feign a protected status by inviting the confidence of the enemy.”
Spain’s LOAC Manual (2007) provides the same definition of perfidy as that contained in Article 37(1) of the 1977 Additional Protocol I.
The manual further states that perfidy “is defined as a hostile act committed under the cover of legal protection”.
The manual also states with regard to combatants who commit acts of perfidy:
Combatants who employ methods of warfare that involve pretending to be a civilian or wearing signs, emblems or uniforms that protect them from attacks in order to approach their objective without danger are considered war criminals, regardless of whether they are entitled to prisoner-of-war status or not, and must be tried under criminal law if captured.