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’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 … .
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’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’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’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’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:
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d. kills or wounds an enemy combatant treacherously[.]
Switzerland’s ABC of International Humanitarian Law (2009) states: “International humanitarian law prohibits killing, injuring or capturing an adversary by resorting to perfidy.”
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.

[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’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’s Basic Military Manual (1987) prohibits perfidy. Thus, it states: “It is notably forbidden … to feign surrender.”
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’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’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’s Basic Military Manual (1987) forbids perfidy. Thus, “it is notably prohibited … to feign a desire to negotiate by misusing the flag of parlementaires”.
As an example of “murder by treason”, the manual lists firing at the enemy while approaching them under the protection of a white flag.
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’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’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’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’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’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[.]
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.

[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’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’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[.]
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.

[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’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’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’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’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[.]
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.

[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’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.