France
Practice Relating to Rule 65. Perfidy
France’s LOAC Summary Note (1992) prohibits perfidy. It does not define “perfidy” as such, but states: “It is forbidden to feign a protected status to invite the confidence of the enemy.”
France’s LOAC Teaching Note (2000) prohibits the recourse to perfidy.
France’s LOAC Manual (2001) states:
Contrary to ruses of war, treachery is prohibited by the law of armed conflicts when it leads to the use of perfidious means,
i.e. inviting the good faith of the adversary to lead him to believe that he is entitled to receive, or the obligation to accord, the protection provided for by the law of armed conflict.
The manual considers that perfidy is a prohibited method of warfare.

It also incorporates the definition of perfidy contained in Article 37 of the 1977 Additional Protocol I.
The manual also states: “There are two elements which constitute perfidy: a fraudulent intention to kill, injure or capture an enemy, and a will to invite his good faith. When a perfidious act causes the death or serious physical injury to the adversary, it constitutes a war crime.”
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’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’s LOAC Summary Note (1992) prohibits perfidy and provides: “It is forbidden … to feign … wounds or sickness.”
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.”
France’s LOAC Summary Note (1992) prohibits perfidy and states: “It is forbidden to feign a protected status to invite the confidence of the enemy (abuse of … white flag).”
The Summary Note also 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) provides: “The recourse to perfidy is prohibited, notably the abuse of the white flag.”
France’s LOAC Manual (2001) states:
Using a protective sign in order to deceive the enemy and attain an operational goal constitutes an act of perfidy. In some cases, this may be a war crime. It is notably prohibited to feign an intention to negotiate under the cover of the flag of parlementaires.
Moreover, the manual states: “The perfidious use of any protective sign provided for by international law constitutes a war crime.”
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 … and thereby causing serious bodily harm to a combatant from the adverse party is a punishable offence.”
France’s LOAC Summary Note (1992) prohibits perfidy and provides: “It is forbidden to feign a protected status to invite the confidence of the enemy (abuse of distinctive signs and signals such as the Red Cross …).”
The Summary Note also 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 distinctive signs, such as the Red Cross”.
France’s LOAC Manual (2001) states: “The use of these insignia [red cross and red crescent] to deceive the enemy with a fraudulent intent is an act of perfidy. It is prohibited and constitutes a war crime when resulting in death or serious injury.”
The manual further states that the camouflage of a military activity in a relief operation, such as using an ambulance to permit the passage of combatants through enemy lines or using the red cross to lure the enemy into an ambush, is to be regarded as a war crime.
Generally, the manual considers that using a protective sign to deceive the enemy and reach an operational goal constitutes an act of perfidy, while “the perfidious use of any protective sign recognized by international law constitutes a war crime”.
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 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 a punishable offence.
France’s LOAC Summary Note (1992) prohibits perfidy, and states: “It is forbidden to feign a protected status by inviting the confidence of the enemy (abuse of distinctive signs and signals …).”
The Summary Note also 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 Manual (2001) provides: “Using a protective sign to deceive the enemy and reach an operational goal constitutes an act of perfidy.”
The manual specifies that the use of UN emblems and uniforms with a view to commit hostile acts is criminalized.
Generally, the manual considers that “the perfidious use of any protective sign recognized by international law constitutes a war crime”.
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 or of the military insignia and uniform … of the United Nations … and thereby causing serious bodily harm to a combatant from the adverse party is a punishable offence.”
France’s LOAC Summary Note (1992) prohibits perfidy and states: “It is forbidden to feign a protected status by inviting the confidence of the enemy (abuse of distinctive signs and signals …).”

It also 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 Manual (2001) states: “Using a protective sign to deceive the enemy and reach an operational goal constitutes an act of perfidy.”

It further provides: “The perfidious use of any protective sign recognized by international law constitutes a war crime.”
France’s LOAC Manual (2001) prohibits the simulation of non-combatant status.
France’s LOAC Manual (2001) states that the use of the emblems or uniforms of third States for hostile purposes is criminalized.