Practice Relating to Rule 65. Perfidy

Hague Regulations (1899)
Article 23(b) of the 1899 Hague Regulations provides: “It is especially prohibited … to kill or wound treacherously individuals belonging to the hostile nation or army.” 
Regulations concerning the Laws and Customs of War on Land, annexed to Convention (II) with Respect to the Laws and Customs of War on Land, The Hague, 29 July 1899, Article 23(b).
Hague Regulations (1907)
Article 23(b) of the 1907 Hague Regulations provides: “It is especially forbidden … to kill or wound treacherously individuals belonging to the hostile nation or army.” 
Regulations concerning the Laws and Customs of War on Land, annexed to Convention (IV) respecting the Laws and Customs of War on Land, The Hague, 18 October 1907, Article 23(b).
Additional Protocol I
Article 37(1) of the 1977 Additional Protocol I provides: “It is prohibited to kill, injure or capture an adversary by resort to perfidy.” 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 37(1). Article 37 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.39, 25 May 1977, p. 103.
Additional Protocol II (draft)
Article 21(1) of the draft Additional Protocol II submitted by the ICRC to the CDDH provided: “It is forbidden to kill, injure or capture an adversary by resort to perfidy.” 
CDDH, Official Records, Vol. I, Part Three, Draft Additional Protocols, June 1973, p. 39.
This proposal was adopted in Committee III of the CDDH by 21 votes in favour, 15 against and 41 abstentions. 
CDDH, Official Records, Vol. XV, CDDH/III/SR.59, 10 May 1977, p. 213, § 20.
Eventually, however, it was deleted by consensus in the plenary. 
CDDH, Official Records, Vol. VII, CDDH/SR.52, 6 June 1977, p. 128.
ICC Statute
Under Article 8(2)(b)(xi) of the 1998 ICC Statute, “[k]illing or wounding treacherously individuals belonging to the hostile nation or army” is a war crime in international armed conflicts. Under Article 8(2)(e)(ix), “[k]illing or wounding treacherously a combatant adversary” is a war crime in non-international armed conflicts. 
Statute of the International Criminal Court, adopted by the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome, 17 July 1998, UN Doc. A/CONF.183/9, Article 8(2)(b)(xi) and (e)(ix).
Lieber Code
Article 101 of the 1863 Lieber Code provides: “[T]he common law of war allows even capital punishment for clandestine or treacherous attempts to injure an enemy, because they are so dangerous, and it is difficult to guard against them.” 
Instructions for the Government of Armies of the United States in the Field, prepared by Francis Lieber, promulgated as General Order No. 100 by President Abraham Lincoln, Washington D.C., 24 April 1863, Article 101.
Brussels Declaration
Article 13(b) of the 1874 Brussels Declaration prohibits “[m]urder by treachery of individuals belonging to the hostile nation or army”. 
Project of an International Declaration concerning the Laws and Customs of War, Brussels, 27 August 1874, Article 13(b).
Oxford Manual
Article 8 of the 1880 Oxford Manual prohibits the making of “treacherous attempts upon the life of an enemy; as, for example, by keeping assassins in pay”. 
The Laws of War on Land, adopted by the Institute of International Law, Oxford, 9 September 1880, Article 8.
Oxford Manual of Naval War
Article 15 of the 1913 Oxford Manual of Naval War states: “It is forbidden … to kill or wound treacherously individuals belonging to the opposite side.” 
The Laws of Naval War Governing the Relations between Belligerents, adopted by the Institute of International Law, Oxford, 9 August 1913, Article 15.
Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia
Paragraph 6 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia requires that hostilities be conducted in accordance with Article 37 of the 1977 Additional Protocol I. 
Memorandum of Understanding on the Application of International Humanitarian Law between Croatia and the Socialist Federal Republic of Yugoslavia, Geneva, 27 November 1991, § 6.
Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina
Paragraph 2.5 of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina requires that hostilities be conducted in accordance with Article 37 of the 1977 Additional Protocol I. 
Agreement between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representatives of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Miljenko Brkić (President of the Croatian Democratic Community), Geneva, 22 May 1992, § 2.5.
UNTAET Regulation No. 2000/15
The UNTAET Regulation No. 2000/15 establishes panels with exclusive jurisdiction over serious criminal offences, including war crimes. According to Section 6(1)(b)(xi), “[k]illing or wounding treacherously individuals belonging to the hostile nation or army” is a war crime in international armed conflicts. Under Section 6(1)(e)(ix), “[k]illing or wounding treacherously a combatant adversary” is a war crime in non-international armed conflicts. 
Regulation on the Establishment of Panels with Exclusive Jurisdiction over Serious Criminal Offences, UN Doc. UNTAET/REG/2000/15, Dili, 6 June 2000, Section 6(1)(b)(xi) and (e)(ix).
Argentina
Argentina’s Law of War Manual (1989) provides: “It is prohibited to employ perfidious methods to kill, injure or capture an adversary.” 
Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 1.05(1).
Australia
Australia’s Defence Force Manual (1994) states:
Assassination is the sudden or secret killing by treacherous means of an individual who is not a combatant, by premeditated assault, for political or religious reasons. Assassination is unlawful. In addition, it is prohibited to put a price on the head of an enemy individual. Any offer for an enemy “dead or alive” is forbidden. If prior information of an intended assassination or other act of treachery should reach the party on whose behalf the act is committed, that party should endeavour to prevent its occurrence.
The prohibition against assassination is not to be confused with attacks on individual members of the enemy’s armed forces as those persons are combatants and are legitimate military targets. 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, §§ 724 and 725.
Australia
Australia’s Commanders’ Guide (1994) states:
It is generally recognised by the international community that assassination of civilian political figures and issuance of orders that an enemy is to be taken ‘dead or alive’ constitutes treacherous behaviour and is, therefore, proscribed by LOAC. 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 512.
The Guide further states:
Assassination is the killing or wounding of a selected individual behind the line of battle by enemy agents or unlawful combatants, and is prohibited. In addition, the proscription, outlawing, putting a price on the head of an enemy individual or any offer for an enemy “dead or alive” is forbidden. If prior information of an intended assassination or other act of treachery should reach the party on whose behalf the act is to be committed, that party should endeavour to prevent its occurrence.
It is not forbidden to send a detachment of individual members of the armed forces to kill, by sudden attack, members or a member of the enemy armed forces. 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, §§ 919 and 920.
Australia
Australia’s LOAC Manual (2006) states:
7.25 Assassination is the sudden or secret killing by treacherous means of an individual who is not a combatant, by premeditated assault, for political or religious reasons. Assassination is unlawful. In addition, it is prohibited to put a price on the head of an enemy individual. Any offer for an enemy “dead or alive” is forbidden. If prior information of an intended assassination or other act of treachery should reach the party on whose behalf the act is to be committed, that party should endeavour to prevent its occurrence.
7.26 The prohibition against assassination is not to be confused with attacks on individual members of the enemy’s armed forces as those persons are combatants and are legitimate military targets. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 7.25–7.26.
The manual also states: “To demand a cease-fire and then to break it by surprise, or to violate a safe conduct or any other agreement, in order to kill, wound or capture enemy troops would be perfidious.” 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 7.4.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Belgium
Belgium’s Law of War Manual (1983) provides: “Killing or wounding by treachery is forbidden.” 
Belgium, Droit Pénal et Disciplinaire Militaire et Droit de la Guerre, Deuxième Partie, Droit de la Guerre, Ecole Royale Militaire, par J. Maes, Chargé de cours, Avocat-général près la Cour Militaire, D/1983/1187/029, 1983, p. 31.
Burundi
Burundi’s Regulations on International Humanitarian Law (2007) states: “It is prohibited to kill, wound or capture an enemy by resort to perfidy.” 
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 32; see also Part I bis, p. 41.
Cameroon
Cameroon’s Instructor’s Manual (1992) states that it is prohibited “to kill, wound or capture an adversary by resort to perfidy”. 
Cameroon, Droit international humanitaire et droit de la guerre, Manuel de l’instructeur en vigueur dans les Forces Armées, Présidence de la République, Ministère de la Défense, Etat-major des Armées, Troisième Division, Edition 1992, p. 109, § 421.1.
Cameroon
Cameroon’s Instructor’s Manual (2006) states that it is prohibited to “kill, wound or capture an adversary by resort to perfidy”. 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 256, § 612.
Canada
Canada’s LOAC Manual (1999) states: “It is prohibited to kill, injure or capture adversaries by resort to perfidy.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 6-2, § 8 (land warfare), p. 7-2, § 16 (air warfare) and p. 8-10, § 80 (naval warfare).
The manual further provides that “treacherously killing or wounding any individual belonging to the hostile nation or army” constitutes a war crime. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 16-3, § 20(b).
The manual also states:
Assassination is prohibited. Assassination means the killing or wounding of a selected non-combatant for a political or religious motive. It is not forbidden, however, to send a detachment or individual members of the armed forces to kill, by sudden attack, a person who is a combatant.
If prior information of an intended assassination should reach the party on whose behalf the act is to be committed, that party should make the utmost effort to prevent its being carried out.
It is forbidden to put a price on the head of an enemy individual or to offer a bounty for an enemy “dead or alive”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 6-3, §§ 25–27.
Canada
Canada’s LOAC Manual (2001) states in its chapters on land warfare, air warfare and naval warfare:
It is prohibited to kill, injure or capture adversaries by resort to perfidy. Acts inviting the confidence of adversaries and leading them to believe that they are entitled to protection or are obliged to grant protection under the LOAC, with intent to betray that confidence, constitute perfidy. In other words, perfidy consists of committing a hostile act under the cover of a legal protection. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, §§ 603.1 (land warfare), 706.1 (air warfare) and 857.1 (naval warfare).
[emphasis in original]
In the chapter on land warfare, the manual further states:
1. Assassination is prohibited. Assassination means the killing or wounding of a selected non-combatant for a political or religious motive. It is not forbidden, however, to send a detachment or individual members of the armed forces to kill, by sudden attack, a person who is a combatant.
2. If prior information of an intended assassination should reach the party on whose behalf the act is to be committed, that party should make the utmost effort to prevent its being carried out.
3. It is forbidden to put a price on the head of an enemy individual or to offer a bounty for an enemy “dead or alive.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 612.
In its chapter on “War crimes, individual criminal liability and command responsibility”, the manual states that “treacherously killing or wounding any individual belonging to the hostile nation or army” constitutes a war crime. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1609.2.b.
Chad
Chad’s Instructor’s Manual (2006) states that “killing or wounding an enemy or taking him captive by making use of perfidy” is prohibited and that to do so is a war crime.  
Chad, Droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces armées et de sécurité, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 78.
France
France’s LOAC Manual (2001) states: “It is prohibited to injure, kill or capture [an adversary] by resort to perfidy.” This may constitute a war crime. 
France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, p. 47; see also p. 85.
Indonesia
Indonesia’s Military Manual (1982) provides: “It is prohibited to kill or injure the enemy by perfidy.” 
Indonesia, The Basics of International Humanitarian Law, Legal Division of the Indonesian Armed Forces, 1982, § 103.
Israel
Referring to Israel’s Law of War Booklet (1986), the Report on the Practice of Israel states: “As a basic policy, the IDF [Israel Defense Forces] prohibits the resort to perfidy to kill, injure or capture an adversary.” 
Report on the Practice of Israel, 1997, Chapter 2.4, referring to Conduct in the Battlefield in Accordance with the Law of War, Israel Defense Forces, 1986, p. 8.
Israel
Israel’s Manual on the Laws of War (1998) gives the following example of perfidy:
An attempt on the lives of enemy leaders (civilian or military) is forbidden. As a rule, it is forbidden to single out a specific person on the adversary’s side and request his death (whether by dispatching an assassin or by offering an award for his liquidation). 
Israel, Laws of War in the Battlefield, Manual, Military Advocate General Headquarters, Military School, 1998, p. 57.
Italy
Italy’s IHL Manual (1991) provides that is prohibited to kill or injure an enemy by treachery. 
Italy, Manuale di diritto umanitario, Introduzione e Volume I, Usi e convenzioni di Guerra, SMD-G-014, Stato Maggiore della Difesa, I Reparto, Ufficio Addestramento e Regolamenti, Rome, 1991, Vol. I, § 8(2).
Kenya
Kenya’s LOAC Manual (1997) states: “It is forbidden to kill or [wound] an enemy by treachery.” 
Kenya, Law of Armed Conflict, Military Basic Course (ORS), 4 Précis, The School of Military Police, 1997, Précis No. 3, p. 7.
Netherlands
The Military Manual (1993) of the Netherlands states: “The exact formulation of the rule is that it is prohibited to kill, injure or capture an adversary in a treacherous manner.” 
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. IV-2.
Netherlands
The Military Handbook (1995) of the Netherlands states: “It is prohibited to kill, injure or capture by means of treachery.” 
Netherlands, Handboek Militair, Ministerie van Defensie, 1995, p. 7-36.
Netherlands
The Military Manual (2005) of the Netherlands states:
Honesty and good faith
Acts of war based on treachery or acts in breach of good faith are forbidden.
Example: to behave (moaning and groaning) so as to pass oneself off to a member of the other side as wounded and wishing to surrender, and then suddenly to open fire on the person offering help.
It is, however, permitted to use stratagems. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0230.
The manual further states: “The exact wording of the rule is that it is prohibited to kill, injure or capture an adversary by resort to perfidy.” 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0413.
In its chapter on non-international armed conflict, the manual states: “Treacherously to kill/injure persons belonging to hostile groups is prohibited.” 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 1042.
New Zealand
New Zealand’s Military Manual (1992) states: “It is prohibited to kill, injure or capture an adversary by resort to perfidy.” 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, §§ 502(5) (land warfare) and 713(2) (naval warfare).
The manual further states that “the treacherous killing or wounding of any individual belonging to the hostile nation or army” constitutes a war crime. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1704(2)(b).
The manual also states:
Assassination, that is, the killing or wounding of a selected individual behind the line of battle by enemy agents or unlawful combatants is prohibited. In addition, the proscription or outlawing or the putting of a price on the head of an enemy individual or any offer for an enemy “dead or alive” is forbidden. If prior information of an intended assassination or other act of treachery should reach the Party on whose behalf the act is to be committed, that Party should endeavour to prevent its being carried out. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 507.
Nigeria
Under Nigeria’s Military Manual (1994), it is forbidden “to kill or wound treacherously individuals belonging to the hostile nation’s army”. 
Nigeria, International Humanitarian Law (IHL), Directorate of Legal Services, Nigerian Army, 1994, p. 39, § 5(l)(ii).
Nigeria
Under Nigeria’s Soldiers’ Code of Conduct it is forbidden “to kill or wound treacherously individuals belonging to the hostile nation or army”. 
Nigeria, Code of Conduct for Combatants, “The Soldier’s Rules”, Nigerian Army, undated, § 12(b).
Romania
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. 
Romania, Manualul Soldatului, Ghid de comportare în luptă, Asociaţia Română de Drept Umanitar (ARDU), 1991, pp. 34 and 35.
Russian Federation
The Russian Federation’s Military Manual (1990) provides that “killing or wounding a person belonging to enemy troops by resort to perfidy” is a prohibited method of warfare. 
Russian Federation, Instructions on the Application of the Rules of International Humanitarian Law by the Armed Forces of the USSR, Appendix to Order of the USSR Defence Minister No. 75, 1990, § 5(a).
Spain
Spain’s LOAC Manual (1996) states: “It is prohibited to kill, injure or capture an adversary by resort to perfidy. Perfidy consists in committing a hostile act under the cover of a legal protection.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 5.3.c.
Spain
Spain’s LOAC Manual (2007) states that prohibited forms of deception include: “killing, injuring or capturing an adversary by resort to perfidy”. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 5.3.c.
Sweden
Sweden’s IHL Manual (1991) affirms: “Under the provisions of the [1907 Hague Regulations] it is prohibited to kill or injure an enemy by resort to perfidy.” 
Sweden, International Humanitarian Law in Armed Conflict, with reference to the Swedish Total Defence System, Swedish Ministry of Defence, January 1991, Section 3.2.1.1.b, pp. 28 and 29.
Switzerland
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, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 18, including commentary.
United Kingdom of Great Britain and Northern Ireland
The UK Military Manual (1958) states: “It is expressly forbidden by the [1907 Hague Regulations] to kill or wound by treachery individuals belonging to the opposing State or army.” 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 311.
The manual also states:
Assassination, the killing or wounding of a selected individual behind the line of battle by enemy agents or partisans, and the killing or wounding by treachery of individuals belonging to the opposing nation or army, are not lawful acts of war. The perpetrator of such an act has to claim to be treated as a combatant, but should be put on trial as a war criminal. If prior information of an intended assassination or other act of treachery should reach the government on whose behalf the act is to be committed, that government should endeavour to prevent its being carried out.
It is not forbidden to send a detachment or individual members of the armed forces to kill, by sudden attack, members or a member of the enemy armed forces.
In view of the prohibition of assassination, the proscription or outlawing or the putting of a price on the head of an enemy individual or any offer for an enemy “dead or alive” is forbidden.
The prohibition extends to offers of rewards for the killing or wounding of all enemies, or of a class of enemy persons, e.g., officers … Offers of rewards for the capture unharmed of enemy personnel generally or of particular enemy personnel would seem to be lawful …
How far do the above rules apply to armed conflicts not of an international character occurring in the territory of a State, e.g., a civil war or large scale armed insurrection? The acts which are prohibited in such conflicts are those set out in common Art. 3 of the 1949 [Geneva] Conventions, see paras. 7 and 8. Para (1) (a) of that article forbids “murder of all kinds” in respect of persons who do not take an active part in the hostilities and those members of armed forces who have laid down their arms or who are hors de combat. If a government or military commander offers rewards for all or individual armed insurgents killed or wounded by the forces engaged in quelling the insurrection, such offers are open to the same objection as those set out above in respect of hostilities between belligerents and are probably unlawful. 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 115, including footnote 2, and § 116, including footnote 1.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Pamphlet (1981) provides: “It is forbidden … to kill or wound an enemy by treachery.” 
United Kingdom, The Law of Armed Conflict, D/DAT/13/35/66, Army Code 71130 (Revised 1981), Ministry of Defence, prepared under the Direction of The Chief of the General Staff, 1981, Section 4, p. 12, § 2(a); see also Annex A, p. 46, § 4.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states: “It is prohibited to kill, injure or capture an adversary by resort to perfidy.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 5.9.
The manual further provides: “Persons who kill or wound by resort to perfidy commit war crimes and should be put on trial.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 5.9.4; see also § 13.83 (maritime warfare).
With regard to internal armed conflict, the manual states: “It is prohibited to kill or wound by resort to treachery.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 15.12.
In its chapter on enforcement of the law of armed conflict, the manual further states:
The Hague Regulations 1907 are now recognized as part of customary law. Those regulations provide that the following acts are “especially forbidden”:
b. to kill or wound treacherously individuals belonging to the hostile nation or army. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 16.27.
United States of America
The US Field Manual (1956) states:
It is especially forbidden to kill or wound treacherously individuals belonging to the hostile nation or army …
[Article 23(b) of the 1907 Hague Regulations] is construed as prohibiting assassination, proscription, or outlawry of an enemy, or putting a price upon an enemy’s head, as well as offering a reward for an enemy “dead or alive”. It does not, however, preclude attacks on individual soldiers or officers of the enemy whether in the zone of hostilities, occupied territory, or elsewhere. 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 31.
United States of America
The US Air Force Pamphlet (1976) provides: “It is especially forbidden … to kill or wound treacherously individuals belonging to the hostile nation or army.” 
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 8-2.
The Pamphlet also states:
Article 23(b) [of the 1907] Hague Regulations … prohibits the killing or wounding treacherously of individuals belonging to a hostile nation or army, whether they are combatants or civilians. This article has been construed as prohibiting assassination, proscription, or outlawry of an enemy, or putting a price upon an enemy’s head, as well as offering a reward for an enemy “dead or alive”. Obviously, it does not preclude lawful attacks by lawful combatants on individual soldiers or officers of the enemy. 
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 8-6(d).
United States of America
The US Manual for Military Commissions (2007), Part IV, Crimes and Elements, includes in the list of crimes triable by military commissions:
USING TREACHERY OR PERFIDY.
a. Text. “Any person subject to this chapter who, after inviting the confidence or belief of one or more persons that they were entitled to, or obliged to accord, protection under the law of war, intentionally makes use of that confidence or belief in killing, injuring, or capturing such person or persons shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.”
b. Elements.
(1) The accused invited the confidence or belief of one or more persons that they were entitled, or obliged to accord, protection under the law of war;
(2) The accused intended to betray that confidence or belief;
(3) The accused killed, injured or captured one or more persons;
(4) The accused made use of that confidence or belief in killing, injuring or capturing such person or persons; and
(5) The conduct took place in the context of and was associated with armed conflict.
c. Comment.
(1) Ruses of war are legitimate so long as they do not involve treachery or perfidy on the part of the belligerent resorting to them. They are, however, forbidden if they contravene any generally accepted rule.
(2) The line of demarcation between legitimate ruses and forbidden acts of perfidy is sometimes indistinct, but the following examples indicate the correct principles. It would be an improper practice to secure an advantage of the enemy by deliberate lying or misleading conduct which involves a breach of faith, or when there is a moral obligation to speak the truth. For example, it is improper to feign surrender so as to secure an advantage over the opposing belligerent thereby. So similarly, to broadcast to the enemy that an armistice had been agreed upon when such is not the case would be treacherous. On the other hand, it is a perfectly proper ruse to summon a force to surrender on the ground that it is surrounded and thereby induce such surrender with a small force.
(3) Treacherous or perfidious conduct in war is forbidden because it destroys the basis for a restoration of peace short of the complete annihilation of one belligerent by the other.
(4) One may commit an act of treachery or perfidy by, for example, feigning an intent to negotiate under a flag of truce or a surrender or feigning incapacitation by wounds or sickness or feigning a civilian, non-combatant status or feigning a protected status by the use of signs, emblems, or uniforms of the United Nations or a neutral State or a State not party to the conflict.
d. Maximum punishment. Death, if the death of any person occurs as a result of the improper use of the treachery or perfidy. Otherwise, confinement for life. 
United States, Manual for Military Commissions, published in implementation of the Military Commissions Act of 2006, 10 U.S.C. §§ 948a, et seq., 18 January 2007, Part IV, § 6(17), pp. IV-13 and IV-14.
United States of America
The US Naval Handbook (2007) states:
Improperly using protective signs, signals, and symbols … to injure, kill, or capture the enemy is an act of perfidy. Such acts are prohibited because they undermine the effectiveness of protective signs, signals, and symbols and thereby jeopardize the safety of noncombatants and the immunity of protected structures and activities. 
United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-12.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Homeland Security, US Coast Guard, July 2007, § 12.2.
United States of America
The US Manual for Military Commissions (2010), Part IV, Crimes and Elements, includes in the list of crimes triable by military commissions:
USING TREACHERY OR PERFIDY.
a. Text. “Any person subject to this chapter who, after inviting the confidence or belief of one or more persons that they were entitled to, or obliged to accord, protection under the law of war, intentionally makes use of that confidence or belief in killing, injuring, or capturing such person or persons shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.”
b. Elements.
(1) The accused invited the confidence or belief of one or more persons that they were entitled, or obliged to accord, protection under the law of war;
(2) The accused intended to betray that confidence or belief;
(3) The accused killed, injured or captured one or more persons;
(4) The accused made use of that confidence or belief in killing, injuring or capturing such person or persons; and
(5) The conduct took place in the context of and was associated with hostilities.
c. Comment.
(1) Ruses of war are legitimate so long as they do not involve treachery or perfidy on the part of the belligerent resorting to them. They are, however, forbidden if they contravene any generally accepted rule.
(2) The line of demarcation between legitimate ruses and forbidden acts of perfidy is sometimes indistinct, but the following examples indicate the correct principles. It would be an improper practice to secure an advantage of the enemy by deliberate lying or misleading conduct which involves a breach of faith, or when there is a moral obligation to speak the truth. For example, it is improper to feign surrender so as to secure an advantage over the opposing belligerent thereby. So similarly, to broadcast to the enemy that an armistice had been agreed upon when such is not the case would be treacherous. On the other hand, it is a perfectly proper ruse to summon a force to surrender on the ground that it is surrounded and thereby induce such surrender with a small force.
(3) Treacherous or perfidious conduct in war is forbidden because it destroys the basis for a restoration of peace short of the complete annihilation of one belligerent by the other.
(4) One may commit an act of treachery or perfidy by, for example, feigning an intent to negotiate under a flag of truce or a surrender or feigning incapacitation by wounds or sickness or feigning a civilian, non-combatant status or feigning a protected status by the use of signs, emblems, or uniforms of the United Nations or a neutral State or a State not party to the conflict.
d. Maximum punishment. Death, if the death of any person occurs as a result of the improper use of the treachery or perfidy. Otherwise, confinement for life. 
United States, Manual for Military Commissions, published in implementation of Chapter 47A of Title 10, United States Code, as amended by the Military Commissions Act of 2009, 10 U.S.C, §§ 948a, et seq., 27 April 2010, § 5(17), pp. IV-14 and IV-15.
Yugoslavia, Socialist Federal Republic of
The Socialist Federal Republic of Yugoslavia’s Military Manual (1988) states: “It is prohibited to kill or wound members of the enemy armed forces and enemy civilians by means of treachery.” 
Yugoslavia, Socialist Federal Republic of, Propisi o Primeri Pravila Medjunarodnog Ratnog Prava u Oruzanim Snagama SFRJ, PrU-2, Savezni Sekretarijat za Narodnu Odbranu (Pravna Uprava), 1988, § 104.
The manual adds that it is prohibited to put a price on someone’s head, whether State or military commander or any other person. 
Yugoslavia, Socialist Federal Republic of, Propisi o Primeri Pravila Medjunarodnog Ratnog Prava u Oruzanim Snagama SFRJ, PrU-2, Savezni Sekretarijat za Narodnu Odbranu (Pravna Uprava), 1988, § 106.
Australia
Australia’s Criminal Code Act (1995), as amended to 2007, states with respect to serious war crimes that are committed in the course of an international armed conflict:
268.49 War crime – treacherously killing or injuring
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator invites the confidence or belief of one or more persons that the perpetrator is entitled to protection, or that the person or persons are obliged to accord protection to the perpetrator; and
(b) the perpetrator kills the person or persons; and
(c) the perpetrator makes use of that confidence or belief in killing the person or persons; and
(d) the person or persons belong to an adverse party; and
(e) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for life.
(2) A person (the perpetrator) commits an offence if:
(a) the perpetrator invites the confidence or belief of one or more persons that the perpetrator is entitled to protection, or that the person or persons are obliged to accord protection to the perpetrator; and
(b) the perpetrator injures the person or persons; and
(c) the perpetrator makes use of that confidence or belief in injuring the person or persons; and
(d) the person or persons belong to an adverse party; and
(e) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty for a contravention of this subsection: Imprisonment for 25 years. 
Australia, Criminal Code Act, 1995, as amended on 1 November 2007, taking into account amendments up to Act No. 177 of 2007, Chapter 8, § 268.49, pp. 333–334.
The Criminal Code Act also states with respect to war crimes that are violations of the laws and customs of war applicable in a non-international armed conflict:
268.90 War crime – treacherously killing or injuring
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator invites the confidence or belief of one or more persons that the perpetrator is entitled to protection, or that the person or persons are obliged to accord protection to the perpetrator; and
(b) the perpetrator kills the person or persons; and
(c) the perpetrator makes use of that confidence or belief in killing the person or persons; and
(d) the person or persons belong to an adverse party; and
(e) the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for life.
(2) A person (the perpetrator) commits an offence if:
(a) the perpetrator invites the confidence or belief of one or more persons that the perpetrator is entitled to protection, or that the person or persons are obliged to accord protection to the perpetrator; and
(b) the perpetrator injures the person or persons; and
(c) the perpetrator makes use of that confidence or belief in injuring the person or persons; and
(d) the person or persons belong to an adverse party; and
(e) the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty for a contravention of this subsection: Imprisonment for 25 years. 
Australia, Criminal Code Act, 1995, as amended on 1 November 2007, taking into account amendments up to Act No. 177 of 2007, Chapter 8, § 268.90, p. 365.
Australia
Australia’s ICC (Consequential Amendments) Act (2002) incorporates in the Criminal Code the war crimes defined in the 1998 ICC Statute, including “treacherously killing or injuring” a person belonging to the adverse party, in international and non-international armed conflicts. 
Australia, ICC (Consequential Amendments) Act, 2002, Schedule 1, §§ 268.49 and 268.90.
Belgium
Belgium’s Penal Code (1867), as amended in 2003, provides:
War crimes envisaged in the 1949 [Geneva] Conventions … and in the [1977 Additional Protocols I and II] … , as well as in Article 8(2)(f) of the [1998 ICC Statute], and listed below, … constitute crimes under international law and shall be punished in accordance with the provisions of the present title … :
27. to kill or wound treacherously individuals belonging to the hostile nation or army or a combatant adversary. 
Belgium, Penal Code, 1867, as amended on 5 August 2003, Chapter III, Title I bis, Article 136 quater, § 1(27).
Belgium
Belgium’s Law relating to the Repression of Grave Breaches of International Humanitarian Law (1993), as amended in 2003, provides:
War crimes envisaged in the 1949 [Geneva] Conventions … and in the [1977 Additional Protocols I and II] … , as well as in Article 8(2)(f) of the [1998 ICC Statute], and listed below, … constitute crimes under international law and shall be punished in accordance with the provisions of the present title … :
15 bis to kill or wound treacherously individuals belonging to the hostile nation or army or a combatant adversary. 
Belgium, Law relating to the Repression of Grave Breaches of International Humanitarian Law, 1993, as amended on 23 April 2003, Article 1 ter, § 1(15 bis).
Bosnia and Herzegovina
Under the Federation of Bosnia and Herzegovina’s Criminal Code (1998), if the killing of an enemy who has laid down arms or has surrendered at discretion, or has no longer any means of defence, is committed in an “insidious way”, this constitutes an aggravating circumstance of the war crime. 
Bosnia and Herzegovina, Federation, Criminal Code, 1998, Article 158(2).
The Republika Srpska’s Criminal Code (2000) contains the same provision. 
Bosnia and Herzegovina, Republika Srpska, Criminal Code, 2000, Article 438(2).
Bosnia and Herzegovina
Bosnia and Herzegovina’s Criminal Code (2003) states:
(1) Whoever in violation of the rules of international law in time of war or armed conflict kills or wounds an enemy who has laid down arms or unconditionally surrendered or has no means of defence,
shall be punished by imprisonment for a term of between one and ten years.
(2) If the killing referred to in paragraph 1 of this Article has been perpetrated in a cruel or insidious way, out of greed or from other low motives, or if more persons have been killed, the perpetrator
shall be punished by imprisonment for a term of not less than ten years or long-term imprisonment. 
Bosnia and Herzegovina, Criminal Code, 2003, Article 177(1) and (2).
Burundi
Burundi’s Law on Genocide, Crimes against Humanity and War Crimes (2003) states:
[The following are] considered as war crimes:
B. Other serious violations of the laws and customs applicable in international armed conflicts, within the established framework of international law, namely, any of the following acts:
k) killing or wounding treacherously individuals belonging to the hostile nation or army;
D. Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:
i) killing or wounding treacherously a combatant adversary. 
Burundi, Law on Genocide, Crimes against Humanity and War Crimes, 2003, Article 4(B)(k) and (D)(i).
Burundi
Burundi’s Penal Code (2009) states:
“War crimes” means crimes which are committed as part of a plan or policy or as part of a large-scale commission of such crimes, in particular:
2. … [S]erious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
11°. Killing or wounding treacherously individuals belonging to the hostile nation or army;
5. … [S]erious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:
9°. Killing or wounding treacherously a combatant adversary. 
Burundi, Penal Code, 2009, Article 198(2)(11°) and (5)(9°).
Canada
Canada’s Crimes against Humanity and War Crimes Act (2000) provides that the war crimes defined in Article 8(2) of the 1998 ICC Statute are “crimes according to customary international law” and, as such, indictable offences under the Act. 
Canada, Crimes against Humanity and War Crimes Act, 2000, Section 4(1) and (4).
Chad
Chad’s Emblem Law (2014) states:
Any person who, intentionally, in time of war, commits or gives the order to commit acts resulting in the death of or causing serious harm to the body or health of an adversary by making perfidious use of the emblem of the red cross or red crescent or a distinctive signal, commits a war crime and is punished by forced labour.
Perfidious use means improperly using the distinctive emblem of the red cross, red crescent or other protective signs recognized by international humanitarian law, or improperly using the badge of a parlementaire, the flag or military insignia and uniform of the enemy, or of the United Nations, and by doing so, causing the loss of human lives or serious injuries. 
Chad, Emblem Law, 2014, Article 11.
Congo
The Congo’s Genocide, War Crimes and Crimes against Humanity Act (1998) defines war crimes with reference to the categories of crimes defined in Article 8 of the 1998 ICC Statute. 
Congo, Genocide, War Crimes and Crimes against Humanity Act, 1998, Article 4.
Croatia
Under Croatia’s Criminal Code (1997), if the killing of an enemy who has laid down arms or has surrendered at discretion, or has no longer any means of defence, is committed in a “treacherous way”, this constitutes an aggravating circumstance of the war crime. 
Croatia, Criminal Code, 1997, Article 161(2).
Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment]. 
Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment]. 
Denmark, Military Criminal Code, 2005, § 36(2).
France
France’s Penal Code (1992), as amended in 2010, states in its section on war crimes related to international armed conflict:
Making improper use of the flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems provided for under the 1949 Geneva Conventions and their [1977] Additional Protocols, and thereby causing serious bodily harm to a combatant from the adverse party is punishable by 20 years’ imprisonment.
When the offence defined in the first paragraph results in such harm to the combatant leading to permanent mutilation or disability, the penalty is increased to 30 years’ imprisonment.
When the offence results in the death of the victim, the penalty is increased to life imprisonment. 
France, Penal Code, 1992, as amended in 2010, Article 461-29.
Georgia
Under Georgia’s Criminal Code (1999), any war crime provided for by the 1998 ICC Statute, which is not explicitly mentioned in the Code, such as “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, are crimes. 
Georgia, Criminal Code, 1999, Article 413(d).
Germany
Germany’s Law Introducing the International Crimes Code (2002) punishes anyone who, in connection with an international or non-international armed conflict, “treacherously kills or wounds a member of the hostile armed forces or a combatant of the adverse party”. 
Germany, Law Introducing the International Crimes Code, 2002, Article 1, § 11(1)(7).
Ireland
Under Ireland’s Geneva Conventions Act (1962), as amended in 1998, any “minor breach” of the 1977 Additional Protocol I, including violations of Article 37(1), is a punishable offence. 
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).
Italy
Italy’s Law of War Decree (1938), as amended in 1992, states that it is prohibited to kill or injure an enemy by treachery. 
Italy, Law of War Decree, 1938, as amended in 1992, Article 35(2).
Mali
Under Mali’s Penal Code (2001), “killing or wounding by treachery individuals belonging to the enemy nation or army” is a war crime in international armed conflicts. 
Mali, Penal Code, 2001, Article 31(i)(11).
Netherlands
Under the International Crimes Act (2003) of the Netherlands, “treacherously killing or wounding individuals belonging to the hostile nation or army” is a crime, whether in time of international or non-international armed conflict. 
Netherlands, International Crimes Act, 2003, Articles 5(3)(d) and 6(2)(d).
New Zealand
Under New Zealand’s International Crimes and ICC Act (2000), war crimes include the crimes defined in Article 8(2)(b)(xi) and (e)(ix) of the 1998 ICC Statute. 
New Zealand, International Crimes and ICC Act, 2000, Section 11(2).
Norway
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the two additional protocols to [the 1949 Geneva] Conventions … is liable to imprisonment. 
Norway, Military Penal Code, 1902, as amended in 1981, § 108(b).
Norway
Norway’s Penal Code (1902), as amended in 2008, states:
Any person is liable to punishment for a war crime who in connection with an armed conflict … lead[s] any person to believe that he is entitled to protection or is obliged to provide protection in accordance with international law and with the intention of betraying this trust, kills or wounds any person belonging to the nationals or armed forces of the hostile party. 
Norway, Penal Code, 1902, as amended in 2008, § 106(g).
Peru
Peru’s Military and Police Criminal Code (2010), in a chapter entitled “Crimes involving the use of prohibited methods in the conduct of hostilities”, states:
A member of the military or the police shall be punished with deprivation of liberty of not less than six years and not more than twenty-five years if, in a state of emergency and when the Armed Forces assume control of the internal order, he or she:
7. Treacherously attacks a member of the enemy armed forces or a member of the adverse party who directly participates in hostilities, with the result set out in Article 33, paragraphs 16 and 17 [of the present code, namely serious injury or death]. 
Peru, Military and Police Criminal Code, 2010, Article 91(7).
Republic of Korea
The Republic of Korea’s ICC Act (2007) provides for the punishment of anyone who commits the war crime of “[t]reacherously killing or wounding in violation of international law individuals belonging to the hostile nation or army” in both international and non-international armed conflicts. 
Republic of Korea, ICC Act, 2007, Article 13(1)(7).
Rwanda
Rwanda’s Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes (2003) provides:
Article: 8
A war crime is one of the following acts, committed during armed conflicts against persons or property protected under the Geneva Conventions of 12 August 1949 and their Additional Protocols I and II of 8 June 1977:
10° making perfidious use of the distinctive emblem of humanitarian organizations or other protective signs of persons or objects recognized under international law, in order to kill, wound or capture an adversary;
Article: 9
Shall be punished by one of the following penalties any person having committed one of the war crimes provided for in Article 8 of this law:
2° imprisonment for ten (10) to twenty (20) years where he has committed a crime provided for in point 6°, 7°, 8°, 10° or 12° of Article 8 of this law. 
Rwanda, Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes, 2003, Articles 8–9.
Senegal
Senegal’s Penal Code (1965), as amended in 2007, states that the following constitute war crimes:
b) [O]ther 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:
10. killing or wounding treacherously individuals belonging to the hostile nation or army;
d) …
Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:
9. killing or wounding treacherously combatant adversaries. 
Senegal, Penal Code, 1965, as amended in 2007, Article 431-3(b)(10) and (d)(9).
Serbia
Serbia’s Criminal Code (2005) states:
(1) Whoever in violation of international law in time of war or armed conflict kills or wounds an enemy who has laid down his weapons or has surrendered unconditionally or has no means of defence, shall be punished by imprisonment of one to fifteen years.
(2) If the murder specified in paragraph 1 of this Article is committed in a perfidious manner or from base motives, the offender shall be punished by imprisonment for a minimum of ten years. 
Serbia, Criminal Code, 2005, Article 385.
Slovenia
Under Slovenia’s Penal Code (1994), if the killing of an enemy who has laid down arms or has surrendered at discretion, or has no longer any means of defence, is executed in a “perfidious way”, this constitutes an aggravating circumstance of the war crime. 
Slovenia, Penal Code, 1994, Article 379(2).
South Africa
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).
Sweden
Under Sweden’s Penal Code (1962), as amended in 1998, “the killing or injuring of an opponent by means of some … form of treacherous behaviour” constitutes a crime against international law. 
Sweden, Penal Code, 1962, as amended in 1998, Chapter 22, § 6(2).
Switzerland
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, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 110 and 112c (1)(d).
Switzerland
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:
d. kills or wounds an enemy combatant treacherously[.] 
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Articles 264b and 264g (1)(d).
United Kingdom of Great Britain and Northern Ireland
Under the UK ICC Act (2001), it is a punishable offence to commit a war crime as defined in Article 8(2)(b)(xi) and (e)(ix) of the 1998 ICC Statute. 
United Kingdom, ICC Act, 2001, Sections 50(1) and 51(1) (England and Wales) and Section 58(1) (Northern Ireland).
United States of America
Under the US War Crimes Act (1996), violations of Article 23(b) of the 1907 Hague Regulations are war crimes. 
United States, War Crimes Act, 1996, Section 2441(c)(2).
United States of America
The US Military Commissions Act (2006), passed by Congress following the Supreme Court’s decision in Hamdan v. Rumsfeld in 2006, amends Title 10 of the United States Code as follows:
§ 950v. Crimes triable by military commissions
“ …
“(b) OFFENSES.—The following offenses shall be triable by military commission under this chapter at any time without limitation:
“ …
“(17) USING TREACHERY OR PERFIDY.—Any person subject to this chapter who, after inviting the confidence or belief of one or more persons that they were entitled to, or obliged to accord, protection under the law of war, intentionally makes use of that confidence or belief in killing, injuring, or capturing such person or persons shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.  
United States, Military Commissions Act, 2006, Public Law 109-366, Chapter 47A of Title 10 of the United States Code, 17 October 2006, p. 120 Stat. 2629, § 950v(b)(17).
United States of America
The US Military Commissions Act (2009) amends Chapter 47A of Title 10 of the United States Code as follows:
§ 950t. Crimes triable by military commission
“The following offenses shall be triable by military commission under this chapter at any time without limitation:
“ …
“(17) USING TREACHERY OR PERFIDY.—Any person subject to this chapter who, after inviting the confidence or belief of one or more persons that they were entitled to, or obliged to accord, protection under the law of war, intentionally makes use of that confidence or belief in killing, injuring, or capturing such person or persons shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct. 
United States, Military Commissions Act, 2009, § 950t(17).
Yugoslavia, Socialist Federal Republic of
Under Socialist Federal Republic of Yugoslavia’s the Penal Code (1976), as amended in 2001, if the killing of an enemy who has laid down arms or has surrendered, or has no means of defence, has been committed in a “perfidious manner”, this constitutes an aggravating circumstance of the war crime. 
Yugoslavia, Socialist Federal Republic, Penal Code, 1976, as amended in 2001, Article 146(2).
Generally speaking, the Code provides that the use of a prohibited method of combat is a war crime, including the “perfidious killing or wounding of members of the enemy army”. 
Yugoslavia, Socialist Federal Republic, Penal Code, 1976, as amended in 2001, Article 148(1), including commentary.
Canada
In 2013, in the Sapkota case, Canada’s Federal Court dismissed a request for review of a decision denying refugee protection to the applicant on grounds of complicity in crimes against humanity in Nepal between 1991 and 2009. While reviewing the submissions of the respondent, Canada’s Minister of Citizenship and Immigration, the Court stated: “The Respondent notes that the Rome Statute of the International Criminal Court … is endorsed in Canada as a source of customary law.” 
Canada, Federal Court, Sapkota case, Reasons for Judgment and Judgment, 15 July 2013, § 28.
Germany
In 2010, in the Chechen Refugee case, Germany’s Federal Administrative Court was called upon to decide whether a Russian refugee claimant from Chechnya had to be excluded from refugee protection because there were serious reasons for considering that he had committed a war crime in Chechnya in 2002 by killing two Russian soldiers and taking a Russian officer hostage. The Court held:
36
bb) The perfidious killing of the two Russian soldiers under Art. 9 para. 2 sub-para. e no. IX of the [1998] ICC Statute must be examined more closely.
38
In order to define more concretely the requirements of “treacherous killing”, one can draw from the prohibition of perfidy in international armed conflict under Art. 37 para. 1 of the Additional Protocol I to the Geneva Conventions of 12 August 1949 relative to the Protection of Victims of International Armed Conflicts of 8 June 1977 … , which is also pertinent in non-international armed conflict.
40
However, concerning non-international armed conflict it must be taken into account that there is no obligation of guerrilla or resistance fighters to wear uniform. Thus, the crime of feigning the status of a civilian or non-combatant is only fulfilled under special conditions. However, resistance fighters in non-international armed conflict are obliged to carry their weapons openly in order to facilitate the distinction between fighters and civilians. This follows from the provision of Art. 44 para. 3 [of the 1977] Additional Protocol I according to which combatants do not violate the prohibition of perfidy if they carry their weapons openly during each military operation including the preparation of attacks. This assessment must also be considered in the application of the prohibition of perfidy in non-international armed conflict …
41
… Assuming that the appellant was directly participating in hostilities (on this matter see Art. 13 para. 3 Additional Protocol II …), it is possible that the appellant acted perfidiously because he did not indicate his direct participation in hostilities by carrying weapons openly or in any other way. In this case, he would have concealed that at the pertinent moment in time he was not entitled to protection and could have been attacked (see the interpretative guidance of the International Committee of the Red Cross on the notion of direct participation in hostilities …) By hiding their weapons, the attackers mislead the Russian soldiers into believing that they did not have to anticipate an attack from the resistant fighter and the appellant and that they were therefore not allowed to attack them. 
Germany, Federal Administrative Court, Chechen Refugee case, Judgment, 16 February 2010, §§ 36, 38 and 40–41.
Israel
In its judgment in the Public Committee against Torture in Israel case in 2006, Israel’s High Court of Justice stated:
In general, combatants and military objectives are legitimate targets for military attack. Their lives and bodies are endangered by the combat. They can be killed and wounded. However, not every act of combat against them is permissible, and not every military means is permissible. Thus, for example, they can be shot and killed. However, “treacherous killing” and “perfidy” are forbidden (see DINSTEIN, at p. 198). 
Israel, High Court of Justice, Public Committee against Torture in Israel case, Judgment, 14 December 2006, § 23.
Iraq
According to the Report on the Practice of Iraq, perfidy and treachery are absolutely prohibited. 
Report on the Practice of Iraq, 1998, Chapter 2.4.
In the reply by the Iraqi Ministry of Defence to a questionnaire, mentioned in the report, reference is made to Article 37 of the 1977 Additional Protocol I. 
Report on the Practice of Iraq, 1998, Reply by the Ministry of Defence to a questionnaire, July 1997, Chapter 2.4.
Switzerland
Switzerland’s ABC of International Humanitarian Law (2009) states: “International humanitarian law prohibits killing, injuring or capturing an adversary by resorting to perfidy.” 
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 34.
Switzerland
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. 
Switzerland, Federal Council, Report on IHL and Current Armed Conflicts, 17 September 2010, Section 3.3, p. 12.
[footnotes in original omitted]
United States of America
In its Country Reports on Human Rights Practices for 1996, in a section entitled “Use of Excessive Force and Violations of Humanitarian Law in Internal Conflicts”, the US Department of State noted that, in Uganda, “newspapers reported that [a rebel leader] offered bounties for the killing of prominent Ugandan military personnel, including the Minister of State for Defence”. 
United States, Department of State, Country Reports on Human Rights Practices for 1996, United States Government Printing Office, Washington D.C., 30 January 1997.
United States of America
The US Presidential Executive Order 12333 of 1981 provides: “No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.” 
United States, Executive Order 12333, 4 December 1981, CFR, 1981 Comp. (1982), p. 213.
United States of America
In 1987, the Deputy Legal Adviser of the US Department of State, referring to Article 37 of the 1977 Additional Protocol I, affirmed: “We support the principle that individual combatants not kill, injure, or capture enemy personnel by resort to perfidy.” 
United States, Remarks of Michael J. Matheson, Deputy Legal Adviser, US Department of State, The Sixth Annual American Red Cross-Washington College of Law Conference on International Humanitarian Law: A Workshop on Customary International Law and the 1977 Protocols Additional to the 1949 Geneva Conventions, American University Journal of International Law and Policy, Vol. 2, 1987, p. 425.
United States of America
In 1989, in a memorandum of law, the Office of the Judge Advocate General of the US Department of the Army concluded:
The clandestine, low visibility or overt use of military force against legitimate targets in time of war, or against similar targets in time of peace where such individuals or groups pose an immediate threat to United States citizens or the national security of the United States, as determined by the competent authority, does not constitute assassination or conspiracy to engage in assassination, and would not be prohibited by the proscription in [Executive Order] 12333 or by international law. 
United States, Department of the Army, Office of the Judge Advocate General, Memorandum of Law: Executive Order 12333 and Assassination, 2 November 1989, The Army Lawyer, Pamphlet 27-50-204, December 1989, p. 4.
United States of America
In 1991, in response to an ICRC memorandum on the applicability of IHL in the Gulf region, the US Department of the Army stated that its practice was consistent with the prohibition of killing, injuring or capturing an adversary by resort to perfidy contained in Article 37 of the 1977 Additional Protocol I. 
United States, Letter from the Department of the Army to the legal adviser of the US Army forces deployed in the Gulf region, 11 January 1991, § 8(J), Report on US Practice, 1997, Chapter 2.8.
No data.
No data.
Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts
The report of the Working Group to Committee III of the CDDH stated:
It should be noted that article 35 [now Article 37 of the 1977 Additional Protocol I] does not prohibit perfidy per se, but merely “to kill, injure or capture an adversary by resort to perfidy”. Additionally, it should be noted that, in order to be perfidy, an act must be done “with intent to betray” the confidence created. This was intended to mean that the requisite intent would be an intent to kill, injure or capture by means of the betrayal of confidence. Thus, acts … which are intended merely to save one’s life would not be perfidy. 
CDDH, Official Records, Vol. XV, CDDH/III/338, 21 April 1976–11 June 1976, p. 426.
No data.
ICRC
The ICRC Commentary on the Additional Protocols states that Article 37 of the 1977 Additional Protocol I does not replace the 1907 Hague Regulations:
It is thus clear that the prohibition on the treacherous killing or wounding of individuals belonging to the nation or the army of the enemy, as formulated in Article 23(b) of the Regulations, has survived in its entirety. 
Yves Sandoz et al. (eds.), Commentary on the Additional Protocols, ICRC, Geneva, 1987, § 1488.
In analysing Article 37(1) of the 1977 Additional Protocol I, the Commentary further states: “It seems evident that the attempted or unsuccessful act also falls under the scope of this prohibition [of perfidy].” 
Yves Sandoz et al. (eds.), Commentary on the Additional Protocols, ICRC, Geneva, 1987, § 1493.
ICRC
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that: “It is prohibited to kill, injure or capture an enemy by resort to perfidy.” 
Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, § 408.
Americas Watch
In 1985, in a report on violations of the laws of war in Nicaragua, Americas Watch stated: “The following … are prohibited by applicable international law rules: … Assassination of civilian officials, such as judges or political leaders.” 
Americas Watch, Violations of the Laws of War by Both Sides in Nicaragua: 1981-1985, New York, March 1985, pp. 33 and 34.
Africa Watch
In 1989, in a report on violations of the laws of war in Angola, Africa Watch stated: “Applicable international law rules prohibit the following kinds of practices … Assassination of civilian officials, such as political leaders.” 
Africa Watch, Angola: Violations of the Laws of War by Both Sides, New York, April 1989, p. 141.
International Institute of Humanitarian Law
The Rules of International Humanitarian Law Governing the Conduct of Hostilities in Non-international Armed Conflicts, adopted in 1990 by the Council of the IIHL, provide: “The prohibition to kill, injure or capture an adversary by resort to perfidy is a general rule applicable in non-international armed conflicts.” 
International Institute of Humanitarian Law, Rules of International Humanitarian Law Governing the Conduct of Hostilities in Non-international Armed Conflicts, Rule A4, IRRC, No. 278, 1990, p. 390.