Romania
Practice Relating to Rule 65. Perfidy
Romania’s Soldiers’ Manual (1991) prohibits
the killing, wounding or capture of an adversary by acts of perfidy, committed with the intent to deceive his good faith and to make him believe that he is entitled to receive, or has the obligation to accord, the protection provided by the rules of international humanitarian law.
Under Romania’s Soldiers’ Manual (1991), “simulation of incapacity due to wound or sickness” is an act of perfidy.
Under Romania’s Soldiers’ Manual (1991), feigning surrender is an act of perfidy.
Under Romania’s Soldiers’ Manual (1991), “feigning an intent to negotiate under the cover of a flag” is an act of perfidy.
Under Romania’s Soldiers’ Manual (1991), “feigning the status of a protected person by abusing the signs and emblems of the International Red Cross” is an act of perfidy.
Under Romania’s Soldiers’ Manual (1991), “feigning the status of a protected person by abusing the signs and emblems of … the UN” is an act of perfidy.
Under Romania’s Soldiers’ Manual (1991), “feigning civilian or non-combatant status” is an act of perfidy.
At the CDDH, Romania supported the amendments of Indonesia and Viet Nam proposing the deletion of paragraph 1(c) of Article 35 of the draft Additional Protocol I (now Article 37), “since the act covered by the provision could not be regarded as a typical case of perfidy”.
However, Romania finally agreed upon paragraph 1(c) following the same reasoning as the one of Viet Nam stated below.
Under Romania’s Soldiers’ Manual (1991), “feigning the status of a protected person by abusing the signs and emblems of … neutral States or States which are not party to the conflict” is an act of perfidy.