Practice Relating to Rule 65. Perfidy
Section B. Killing, injuring or capturing an adversary by resort to perfidy
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.”
The Military Handbook (1995) of the Netherlands states: “It is prohibited to kill, injure or capture by means of treachery.”
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.
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.”
In its chapter on non-international armed conflict, the manual states: “Treacherously to kill/injure persons belonging to hostile groups is prohibited.”
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.