Practice Relating to Rule 65. Perfidy
During the Algerian war of independence, the use by Algerian combatants of perfidious methods of warfare was prohibited. Perfidy was understood to mean methods that aggravated suffering without having a direct effect on the issue of the struggle. The Report on the Practice of Algeria notes, however, that there were instances in which acts considered to be perfidious were committed, but it concludes that such acts were rare and that they did not affect a general line of conduct of proscribing perfidy.
At the CDDH, the representative of Algeria stated that the inclusion of “the disguising of combatants in civilian clothing” as an example of perfidy “seemed to be difficult to accept, since it did not take into account certain situations, particularly guerrilla operations. His delegation would therefore be inclined to endorse the Indonesian amendment … proposing the deletion of that paragraph.”
However, Algeria finally agreed upon paragraph 1(c) of Article 35 of the draft Additional Protocol I (now Article 37) in supporting the view of Viet Nam stated below.
According to the Report on the Practice of Algeria, the policy followed by Algerian combatants during the war of independence was summarized in the maxim “Djellaba le jour, uniforme la nuit” (“Djellaba by day, uniform by night”).