Spain
Practice Relating to Rule 65. Perfidy
Spain’s Field Regulations (1882) provides that perfidy is not permitted.
Spain’s LOAC Manual (1996) provides the same definition of perfidy as the one contained in Article 37(1) of the 1977 Additional Protocol I.
The manual further states: “Perfidy consists in committing a hostile act under the cover of a legal protection.”
The manual also states: “It is prohibited to feign a protected status by inviting the confidence of the enemy.”
Spain’s LOAC Manual (2007) provides the same definition of perfidy as that contained in Article 37(1) of the 1977 Additional Protocol I.
The manual further states that perfidy “is defined as a hostile act committed under the cover of legal protection”.
The manual also states with regard to combatants who commit acts of perfidy:
Combatants who employ methods of warfare that involve pretending to be a civilian or wearing signs, emblems or uniforms that protect them from attacks in order to approach their objective without danger are considered war criminals, regardless of whether they are entitled to prisoner-of-war status or not, and must be tried under criminal law if captured.
Spain’s LOAC Manual (1996) states: “It is prohibited to kill, injure or capture an adversary by resort to perfidy. Perfidy consists in committing a hostile act under the cover of a legal protection.”
Spain’s LOAC Manual (2007) states that prohibited forms of deception include: “killing, injuring or capturing an adversary by resort to perfidy”.
Spain’s LOAC Manual (1996) states: “It is prohibited to feign a protected status by inviting the confidence of the enemy: … feigning … incapacitation by wounds or sickness.”
According to the manual, this is considered as an example of a perfidious act.
Spain’s LOAC Manual (2007) prohibits the act of perfidy and states that “the feigning of an incapacitation by wounds or sickness” is an example of such an act.
Spain’s LOAC Manual (1996) states: “It is prohibited to feign a protected status by inviting the confidence of the enemy: … feigning of surrender.”
According to the manual, feigning surrender is an example of a perfidious act.
The manual also states that it is a grave breach and a war crime “to make a perfidious use of recognized protective signs”.
Spain’s LOAC Manual (2007) prohibits the act of perfidy and states that “the feigning of an intent to negotiate under [the simulation of] surrender” is an example of such an act.
The manual further states, under the heading “Perfidious act of feigning surrender”: “It is prohibited to attack the enemy by pretending to surrender and taking advantage of the protection afforded by prisoner-of-war status.”
Spain’s Royal Ordinance for the Armed Forces (1978) states: “A combatant … shall not display treacherously the white flag.”
Spain’s Penal Code (1995) punishes “anyone who, during an armed conflict, … uses … in a perfidious manner the flag … of surrender”.
Spain’s LOAC Manual (1996) states: “The improper use of the flag of parlementaires constitutes an act of perfidy. An abuse is committed when one takes advantage of the protection of the flag to approach the enemy and attack him by surprise.”
Likewise, according the manual, “feigning the intent to negotiate under a flag of parlementaires” is regarded as an act of perfidy.
The manual also provides: “It is prohibited to feign a protected status by inviting the confidence of the enemy: misuse of … the flag of truce.”
Moreover, the manual states that it is a grave breach and a war crime “to make a perfidious use … of … recognized protective signs”.
Spain’s LOAC Manual (2007) states: “Improper use of a flag of truce constitutes an act of perfidy. An abuse is committed when a party to the conflict takes advantage of the protection of the flag to draw near to the enemy and launch a surprise attack.”
The manual further states that “the feigning of an intent to negotiate under a flag of truce” is an example of a perfidious act.
Spain’s Royal Ordinance for the Armed Forces (1978) provides: “The combatant … shall not display treacherously the white flag.”
Spain’s Penal Code (1995) punishes “anyone who, during an armed conflict … uses … in a perfidious manner the flag of parlementaires”.
Spain’s LOAC Manual (1996) states: “It is prohibited to feign a protected status by inviting the confidence of the enemy: misuse of distinctive signs and signals.”
The manual also states that it is a grave breach of the law of war and a war crime “to make a perfidious use of the distinctive sign of the Red Cross”.
Spain’s LOAC Manual (2007) prohibits the act of perfidy and states that it is a war crime to make “[deliberate] misuse of … recognized protective emblems (act of perfidy), causing death or seriously endangering physical health or integrity”.
Spain’s Penal Code (1995) punishes:
anyone who, during an armed conflict … uses … in a perfidious manner the protective or distinctive signs, emblems or signals established and recognized under international treaties to which Spain is a party, in particular the distinctive signs of the Red Cross and Red Crescent.
Spain’s Penal Code (1995), as amended in 2010, removes the reference to “in a perfidious manner” from this article.
Spain’s LOAC Manual (1996) considers “feigning to possess a protected status by using the signs, emblems or uniforms of the United Nations” as an example of perfidy.
The manual states: “It is prohibited to feign a protected status by inviting the confidence of the enemy: misuse of distinctive signs.”
The manual also states that it is a grave breach of the law of war and a war crime “to make a perfidious use … of … recognized protective signs”.
Spain’s LOAC Manual (2007) prohibits the act of perfidy and states that “the feigning of protected status by the use of signs, emblems or uniforms of the United Nations” is an example of such an act.
The manual also states that it is a war crime to make “[deliberate] misuse of … recognised protective emblems ([an] act of perfidy), causing death or seriously endangering physical health or integrity”.
Spain’s Royal Ordinance for the Armed Forces (1978) states: “The combatant … shall not display treacherously the flag … of international organizations.”
Spain’s Penal Code (1995) punishes “anyone who, during an armed conflict … uses … in a perfidious manner the flag, uniform, insignia or distinctive emblem … of the United Nations”.
Spain’s Penal Code (1995) punishes “anyone who, during an armed conflict … uses … in a perfidious manner the protective or distinctive signs, emblems or signals established and recognized under international treaties to which Spain is a party”.
Spain’s Penal Code (1995), as amended in 2010, removes the reference to “in a perfidious manner” from this article.
Spain’s LOAC Manual (1996) states: “It is prohibited to feign a protected status by inviting the confidence of the enemy: misuse of distinctive signs.”
The manual adds that it is a grave breach and a war crime “to make a perfidious use … of … recognized protective signs”.
Spain’s LOAC Manual (2007) states that it is a war crime to make “[deliberate] misuse of … recognized protective emblems ([an] act of perfidy), causing death or seriously endangering physical health or integrity”.
Spain’s LOAC Manual (1996) provides that simulating the status of a civilian person or non-combatant is an example of a perfidious act.
Spain’s LOAC Manual (2007) prohibits the act of perfidy and states that “the feigning of civilian, non-combatant status” is an example of such an act.
Spain’s LOAC Manual (1996) provides that “simulating possession of a protected status by using signs, emblems or uniforms … of neutral States or other States which are not Parties to the conflict” is an example of perfidy.
Spain’s LOAC Manual (2007) prohibits the act of perfidy and states that “the feigning of protected status by the use of signs, emblems or uniforms of … neutral or other States not Parties to the conflict” is an example of such an act.
Spain’s Penal Code (1995) punishes “anyone who, during an armed conflict … uses … in a perfidious manner the flag, uniform, insignia or distinctive emblem of neutral States … or of other States which are not parties to the conflict”.