Practice Relating to Rule 65. Perfidy
Section E. Simulation of an intention to negotiate under the white flag of truce
Argentina’s Law of War Manual (1969) provides especially for the prohibition of the improper use of the flag of truce, which is considered a breach of good faith. It states, however, that the use said to be “improper” applies only in combat operations.
Argentina’s Law of War Manual (1989) gives “simulating the intent to negotiate under a flag of parlementaires” as an example of perfidy.
The manual also states that “the perfidious use … of … recognized protective signs” is a grave breach of the 1977 Additional Protocol I and a war crime.