Practice Relating to Rule 65. Perfidy
Section G. Simulation of protected status by using the United Nations emblem or uniform
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.”