Practice Relating to Rule 65. Perfidy
Section D. Simulation of surrender
Spain’s LOAC Manual (1996) states: “It is prohibited to feign a protected status by inviting the confidence of the enemy: … feigning of surrender.”
According to the manual, feigning surrender is an example of a perfidious act.
The manual also states that it is a grave breach and a war crime “to make a perfidious use of recognized protective signs”.
Spain’s LOAC Manual (2007) prohibits the act of perfidy and states that “the feigning of an intent to negotiate under [the simulation of] surrender” is an example of such an act.
The manual further states, under the heading “Perfidious act of feigning surrender”: “It is prohibited to attack the enemy by pretending to surrender and taking advantage of the protection afforded by prisoner-of-war status.”
Spain’s Royal Ordinance for the Armed Forces (1978) states: “A combatant … shall not display treacherously the white flag.”
Spain’s Penal Code (1995) punishes “anyone who, during an armed conflict, … uses … in a perfidious manner the flag … of surrender”.