Practice Relating to Rule 65. Perfidy
Section E. Simulation of an intention to negotiate under the white flag of truce
Côte d’Ivoire’s Teaching Manual (2007) provides in Book I (Basic instruction): “The following acts are regarded as perfidy: … The misleading use of … the white flag of truce”.
In Book III, Volume 1 (Instruction of first-year trainee officers), the Teaching Manual provides:
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 of an intent to negotiate under a flag of truce.
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[.]