Related Rule
South Africa
Practice Relating to Rule 65. Perfidy
South Africa’s LOAC Manual (1996) provides: “It is not permissible to attempt to deceive the enemy by abusing the LOAC or misusing the various protections it affords … Such actions are referred to as ‘perfidy’ and constitute grave breaches of the LOAC.” 
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, § 34(c).
South Africa’s Medical Services Military Manual prohibits perfidy. 
South Africa, Medical Services Military Manual – Humanitarian Law, South African Medical Service Academy in Voortrekkerhoogte, s.d, § 39.
South Africa’s Revised Civic Education Manual (2004) states: “It is not permissible to attempt to deceive the enemy by abusing the LOAC or misusing the various protections it affords. … Such actions are referred to as ‘perfidy’ and constitute grave breaches of the LOAC.” 
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 56(c).
South Africa’s ICC Act (2002) reproduces the war crimes listed in the 1998 ICC Statute, including “killing or wounding treacherously individuals belonging to the hostile nation or army” in international armed conflicts and “killing or wounding treacherously a combatant adversary” in non-international armed conflicts. 
South Africa, ICC Act, 2002, Schedule 1, Part 3, §§ (b)(xi) and (e)(ix).
South Africa’s LOAC Manual (1996) provides: “It is forbidden to feign … injury … Such actions are referred to as ‘perfidy’ and constitute grave breaches of the LOAC.” 
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, § 34(c).
South Africa’s Revised Civic Education Manual (2004) states: “It is not permissible to attempt to deceive the enemy by abusing the LOAC or misusing the various protections it affords. For example, it is forbidden to feign … injury.” 
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 56(c).
South Africa’s LOAC Manual (1996), in a paragraph on perfidy, provides: “It is forbidden to feign surrender.” 
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, § 34(c).
The manual considers “the perfidious use of … the white flag” to be a grave breach of the 1977 Additional Protocol I and a war crime. 
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, §§ 37(d) and 41.
In addition, the manual provides that “treacherous requests for mercy” are also grave breaches of the law of war and war crimes. 
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, §§ 39(b) and 41.
South Africa’s Revised Civic Education Manual (2004) states: “It is not permissible to attempt to deceive the enemy by abusing the LOAC or misusing the various protections it affords. For example, it is forbidden to feign surrender …”. 
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 56(c).
The manual further provides that “[t]reacherous requests for mercy” constitute a grave breach of the law of armed conflict and a war crime. 
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 61(b).
South Africa’s LOAC Manual (1996) states that the misuse of any of the symbols of protection (including the white flag) constitutes an act of perfidy and a grave breach of the law of armed conflict. 
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, § 34(c).
The manual also states that “perfidious use of … the white flag” is a grave breach of the 1977 Additional Protocol I and a war crime. 
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, §§ 37(d) and 41.
South Africa’s Revised Civic Education Manual (2004) states: “It is not permissible to attempt to deceive the enemy by abusing the LOAC or misusing the various protections it affords. For example, it is forbidden to … misuse any of the … symbols of protection [including the white flag of truce].” 
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, §§ 56(c) and 46.
South Africa’s ICC Act (2002) reproduces the war crimes listed in the 1998 ICC Statute, including in international armed conflicts: “making improper use of a flag of truce … resulting in death or serious personal injury”. 
South Africa, ICC Act, 2002, Schedule 1, Part 3, § (b)(vii).
South Africa’s LOAC Manual (1996) states: “It is forbidden … to fight while under the protection of the red cross or red crescent emblem.” It is considered as perfidy and a grave breach of the law of armed conflict. 
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, § 34(c).
The manual also states that “perfidious use of the red cross or red crescent emblem … in violation of Article 37 [of the 1977 Additional Protocol I]” is a grave breach of the 1977 Additional Protocol I and a war crime. 
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, §§ 37(d) and 41.
South Africa’s Revised Civic Education Manual (2004) states: “It is not permissible to attempt to deceive the enemy by abusing the LOAC or misusing the various protections it affords. For example, it is forbidden to … fight while under the protection of the red cross or red crescent emblem.” 
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 56(c).
The manual also provides that “[t]he perfidious use of any distinctive sign or marking protecting persons or objects, such as medical personnel” is a grave breach of the law of armed conflict and a war crime. 
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 57.
South Africa’s ICC Act (2002) reproduces the war crimes listed in the 1998 ICC Statute, including in international armed conflicts: “making improper use … of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury”. 
South Africa, ICC Act, 2002, Schedule 1, Part 3, § (b)(vii).
South Africa’s LOAC Manual (1996) provides: “Grave breaches of the law of war are regarded as war crimes.” 
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, § 41.
South Africa’s ICC Act (2002) reproduces the war crimes listed in the 1998 ICC Statute, including in international armed conflicts: “making improper use of a flag, insignia or uniform of the United Nations … resulting in death or serious personal injury”. 
South Africa, ICC Act, 2002, Schedule 1, Part 3, § (b)(vii).
South Africa’s LOAC Manual (1996) regards the misuse of symbols of protection (such as those of civil defence, cultural property and installations containing dangerous forces) as perfidious and as constituting a grave breach of the law of war and a war crime. 
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, §§ 34(c) and 41.
South Africa’s Revised Civic Education Manual (2004) states:
It is not permissible to attempt to deceive the enemy by abusing the LOAC or misusing the various protections it affords. For example, it is forbidden to … misuse any of the other symbols of protection (discussed above) [i.e., the symbols for civil defence facilities, for cultural objects, and for works and installations containing dangerous forces].” 
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, §§ 56(c) and 43–45.
The manual also provides that “[t]he perfidious use of any distinctive sign or marking protecting persons or objects, such as medical personnel” is a grave breach of the law of armed conflict and a war crime. 
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 57.
South Africa’s LOAC Manual (1996) gives as an example of perfidy the prohibition “to feign civilian non-combatant status”. 
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, § 34(c).
The manual also considers the “use of civilian clothing by troops to conceal their military character during battle” to be a grave breach of the law of war and a war crime. 
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, §§ 39(f) and 41.
South Africa’s Revised Civic Education Manual (2004) states: “It is not permissible to attempt to deceive the enemy by abusing the LOAC or misusing the various protections it affords. For example, it is forbidden to … feign civilian non-combatant status.” 
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 56(c).
The manual also provides that the “[u]se of civilian clothing by troops to conceal their military character during battle” is a grave breach of the law of armed conflict and a war crime. 
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 61(f).