Practice Relating to Rule 65. Perfidy
Section D. Simulation of surrender
France’s LOAC Summary Note (1992) provides: “It is prohibited to feign a protected status to invite the confidence of the enemy (abuse of … the white flag).”
Furthermore, the Summary Notes states that “the perfidious use of protected signs and signals” is a grave breach of the law of war and a war crime.
France’s LOAC Teaching Note (2000) states that the recourse to perfidy is prohibited, “notably the abuse of the white flag”.
France’s LOAC Manual (2001) states: “Using a protective sign to deceive the enemy and reach an operational goal constitutes an act of perfidy.”
The manual also states: “Simulating surrender to deceive the enemy is an act of perfidy which is prohibited by the law of armed conflicts.”
The manual further provides: “The perfidious use of any protective sign recognized by international law constitutes a war crime.”