Related Rule
Switzerland
Practice Relating to Rule 65. Perfidy
Switzerland’s Basic Military Manual (1987) states: “Ruses of war based on treachery and perfidy are prohibited.”
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 39(1).
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
15.2 Prohibited methods of warfare
…
223 Misuse of a distinctive sign and the feigning of protected status are prohibited in any place and at any time. Examples: … using the white flag to feign surrender and then opening fire on the approaching enemy … .
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance on the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 223.
In 2005, in a report in response to a parliamentary postulate on private security and military companies, Switzerland’s Federal Council stated: “International humanitarian law also limits the conduct of military operations permissible under international law. … Certain methods such as perfidiousness … are excluded.”
Switzerland, Report by the Swiss Federal Council on Private Security and Military Companies, 2 December 2005, section 5.3.1, pp. 45–46.
Switzerland’s ABC of International Humanitarian Law (2009) states:
Means and methods of warfare
Even in war not everything is allowed. Various means and methods are prohibited, including Perfidy, …
Perfidy
International humanitarian law prohibits killing, injuring or capturing an adversary by resorting to perfidy. Acts of perfidy include any form of deception designed to win the confidence of an adversary and lead him to believe that he is entitled or obliged to accord protection under the rules of international humanitarian law, with the intention of betraying that confidence. An example of perfidy is to falsely lay claim to protected status through the misuse of signs or emblems and feigning incapacitation on the grounds of injuries or sickness.
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, pp. 29 and 34.
Switzerland’s Basic Military Manual (1987) provides: “It is prohibited to kill or injure by treachery individuals belonging to the enemy nation or army.” It also states: “It is not permitted to place a price on the head of an enemy military or civil leader.”
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 18, including commentary.
Switzerland’s Military Criminal Code (1927), taking into account amendments entered into force up to 2011, states in a chapter entitled “War crimes”:
Art. 110
Articles 112–114 apply in the context of international armed conflicts, including in situations of occupation, and, if the nature of the offence does not exclude it, in the context of non-international armed conflicts.
…
Art. 112c
1 The penalty shall be a custodial sentence of not less than three years for any person who, in the context of an armed conflict:
…
d. kills or wounds an enemy combatant treacherously[.]
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 110 and 112c (1)(d).
Switzerland’s Penal Code (1937), taking into account amendments entered into force up to 2011, states under the title “War crimes”:
Art. 264b
Articles 264d–264j apply in the context of international armed conflicts, including in situations of occupation, and, if the nature of the offence does not exclude it, in the context of non-international armed conflicts.
…
Art. 264g
1 The penalty shall be a custodial sentence of not less than three years for any person who, in the context of an armed conflict:
…
d. kills or wounds an enemy combatant treacherously[.]
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Articles 264b and 264g (1)(d).
Switzerland’s ABC of International Humanitarian Law (2009) states: “International humanitarian law prohibits killing, injuring or capturing an adversary by resorting to perfidy.”
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 34.
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.3 Increasing use of guerrilla tactics…
…
International humanitarian law in force treats these cases in a relatively complete manner, binding non-State and State actors alike. Feigning to have protected civilian status or another protected status (e.g. member of the medical or religious personnel, member of the UN) in order to kill, injure or capture an adversary constitutes an act of perfidy contrary to international law.
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.3, p. 12.
[footnotes in original omitted]Switzerland’s Basic Military Manual (1987) provides that perfidy is forbidden and that: “It is notably prohibited … to feign incapacitation for combat by wounds or sickness”.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 39.
Switzerland’s ABC of International Humanitarian Law (2009) states:
Perfidy
International humanitarian law prohibits killing, injuring or capturing an adversary by resorting to perfidy. Acts of perfidy include any form of deception designed to win the confidence of an adversary and lead him to believe that he is entitled or obliged to accord protection under the rules of international humanitarian law, with the intention of betraying that confidence. An example of perfidy is to falsely lay claim to protected status through … feigning incapacitation on the grounds of injuries or sickness.
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, pp. 29 and 34.
Switzerland’s Basic Military Manual (1987) prohibits perfidy. Thus, it states: “It is notably forbidden … to feign surrender.”
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 39.
The manual considers the “perfidious use of … distinctive signs recognized by the [1949 Geneva] Conventions or [the 1977 Additional Protocol I], in violation of Article 37 [of the 1977 Additional Protocol I],” as a grave breach of the 1977 Additional Protocol I.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 193(1)(f).
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
15.2 Prohibited methods of warfare
…
223 Misuse of a distinctive sign and the feigning of protected status are prohibited in any place and at any time. Examples: … using the white flag to feign surrender and then opening fire on the approaching enemy … .
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance on the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 223.
Switzerland’s ABC of International Humanitarian Law (2009) states:
Perfidy
International humanitarian law prohibits killing, injuring or capturing an adversary by resorting to perfidy. Acts of perfidy include any form of deception designed to win the confidence of an adversary and lead him to believe that he is entitled or obliged to accord protection under the rules of international humanitarian law, with the intention of betraying that confidence. An example of perfidy is to falsely lay claim to protected status through the misuse of signs or emblems[.]
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 34.
Switzerland’s Basic Military Manual (1987) forbids perfidy. Thus, “it is notably prohibited … to feign a desire to negotiate by misusing the flag of parlementaires”.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 39.
As an example of “murder by treason”, the manual lists firing at the enemy while approaching them under the protection of a white flag.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 18, commentary.
The manual also considers the “perfidious use of … distinctive signs recognized by the [1949 Geneva] Conventions or [the 1977 Additional Protocol I], in violation of Article 37 [of the 1977 Additional Protocol I],” as a grave breach of the 1977 Additional Protocol I.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 193(1)(f).
Switzerland’s ABC of International Humanitarian Law (2009) states:
Perfidy
International humanitarian law prohibits killing, injuring or capturing an adversary by resorting to perfidy. Acts of perfidy include any form of deception designed to win the confidence of an adversary and lead him to believe that he is entitled or obliged to accord protection under the rules of international humanitarian law, with the intention of betraying that confidence. An example of perfidy is to falsely lay claim to protected status through the misuse of signs or emblems[.]
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 34.
Switzerland’s Basic Military Manual (1987) states that the “perfidious use of the distinctive sign of the Red Cross, Red Crescent … in violation of Article 37 [of the 1977 Additional Protocol I]” constitutes a grave breach of the 1977 Additional Protocol I.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 193(1)(f).
Switzerland’s Military Criminal Code (1927), as amended, punishes “anyone who abuses the emblem or the protection of the Red Cross, Red Crescent, Red Lion and Sun … to prepare or commit hostile acts” in time of armed conflict.
Switzerland, Military Criminal Code, 1927, as amended, Article 110.
Switzerland’s Military Criminal Code (1927), as amended in 2007, states:
Any person who abuses the emblem or the protection of the Red Cross, Red Crescent, Red Lion and Sun, [or] the emblem of the third Additional Protocol [2005 Additional Protocol III] to the [1949] Geneva Conventions … in order to prepare or commit hostile acts is to be punished with three years’ or more imprisonment or a monetary penalty or, in less serious cases, a year imprisonment or less.
Switzerland, Military Criminal Code, 1927, as amended in 2007, Article 110.
Switzerland’s ABC of International Humanitarian Law (2009) states:
Perfidy
International humanitarian law prohibits killing, injuring or capturing an adversary by resorting to perfidy. Acts of perfidy include any form of deception designed to win the confidence of an adversary and lead him to believe that he is entitled or obliged to accord protection under the rules of international humanitarian law, with the intention of betraying that confidence. An example of perfidy is to falsely lay claim to protected status through the misuse of signs or emblems[.]
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 34.
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.3 Increasing use of guerrilla tactics…
…
International humanitarian law in force treats these cases in a relatively complete manner, binding non-State and State actors alike. Feigning to have protected civilian status or another protected status (e.g. member of the medical or religious personnel, …) in order to kill, injure or capture an adversary constitutes an act of perfidy contrary to international law.
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.3, p. 12.
[footnotes in original omitted]Switzerland’s Basic Military Manual (1987) considers the “perfidious use of … distinctive signs recognized by the [1949 Geneva] Conventions or [the 1977 Additional Protocol I], in violation of Article 37 [of the 1977 Additional Protocol I]”, as a grave breach of the 1977 Additional Protocol I.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 193(1)(f).
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
15.2 Prohibited methods of warfare
…
224 Wearing enemy uniforms or feigning protected status by using the insignia, emblems or uniforms of the United Nations or of neutral States or States that are not party to the conflict is prohibited.
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance on the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 224.
Switzerland’s ABC of International Humanitarian Law (2009) states:
Perfidy
International humanitarian law prohibits killing, injuring or capturing an adversary by resorting to perfidy. Acts of perfidy include any form of deception designed to win the confidence of an adversary and lead him to believe that he is entitled or obliged to accord protection under the rules of international humanitarian law, with the intention of betraying that confidence. An example of perfidy is to falsely lay claim to protected status through the misuse of signs or emblems[.]
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 34.
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.3 Increasing use of guerrilla tactics…
…
International humanitarian law in force treats these cases in a relatively complete manner, binding non-State and State actors alike. Feigning to have protected civilian status or another protected status (e.g. … member of the UN) in order to kill, injure or capture an adversary constitutes an act of perfidy contrary to international law.
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.3, p. 12.
[footnotes in original omitted]Switzerland’s Military Criminal Code (1927), as amended, punishes “anyone who abuses … the emblem of cultural property … to prepare or commit hostile acts” in time of armed conflict.
Switzerland, Military Criminal Code, 1927, as amended, Article 110.
Switzerland’s Military Criminal Code (1927), as amended in 2007, states:
Any person who abuses … the emblem of cultural property in order to prepare or commit hostile acts is to be punished with three years’ or more imprisonment or a monetary penalty or, in less serious cases, a year imprisonment or less.
Switzerland, Military Criminal Code, 1927, as amended in 2007, Article 110.
Switzerland’s Basic Military Manual (1987) considers the “perfidious use of … distinctive signs recognized by the [1949 Geneva] Conventions or [the 1977 Additional Protocol I]”, as a grave breach of the 1977 Additional Protocol I.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 193(1)(f).
Switzerland’s Regulation on Ten Basic Rules for the Protection of Cultural Property (2013) states:
Rule No. 2 Protection symbol
…
Any inappropriate use of cultural protection symbols, e.g. for the purpose of deceiving an opponent or protecting military targets, is prohibited (malice).
Switzerland, Ten Basic Rules for the Protection of Cultural Property, Regulation 51.00705e, issued on the basis of Article 10 of the Ordinance on the Organization of the Federal Department of Defence, Civil Protection and Sports of 7 March 2003, signed on 21 March 2013, entry into force on 1 July 2013, Rule No. 2.
Switzerland’s ABC of International Humanitarian Law (2009) states:
Perfidy
International humanitarian law prohibits killing, injuring or capturing an adversary by resorting to perfidy. Acts of perfidy include any form of deception designed to win the confidence of an adversary and lead him to believe that he is entitled or obliged to accord protection under the rules of international humanitarian law, with the intention of betraying that confidence. An example of perfidy is to falsely lay claim to protected status through the misuse of signs or emblems[.]
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 34.
In 2010, in its Report on IHL and Current Armed Conflicts, Switzerland’s Federal Council stated:
3.3 Increasing use of guerrilla tactics…
…
International humanitarian law in force treats these cases in a relatively complete manner, binding non-State and State actors alike. Feigning to have protected civilian status or another protected status … in order to kill, injure or capture an adversary constitutes an act of perfidy contrary to international law.
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.3, p. 12.
[footnotes in original omitted]Switzerland’s Basic Military Manual (1987) prohibits perfidy. Thus, “it is notably forbidden … to abuse a protected status by using signs, emblems or uniforms … of nations not involved in the conflict”.
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 39.
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states:
15.2 Prohibited methods of warfare
…
224 Wearing enemy uniforms or feigning protected status by using the insignia, emblems or uniforms of the United Nations or of neutral States or States that are not party to the conflict is prohibited.
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance on the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 224.
