Practice Relating to Rule 65. Perfidy
Section G. Simulation of protected status by using the United Nations emblem or uniform
New Zealand’s Military Manual (1992) provides: “The following acts are examples of perfidy: … the feigning of protected status by the use of signs, emblems or uniforms of the United Nations.”
The manual also states: “The use of false markings on military aircraft such as the markings of … United Nations aircraft … is the prime example of perfidious conduct in air warfare and is prohibited.”
The manual further states that “perfidious use of … protective signs recognised by the [1949 Geneva] Conventions or [the 1977 Additional Protocol I]” constitutes a grave breach of the 1977 Additional Protocol I and a war crime.
New Zealand’s Geneva Conventions Act (1958), as amended in 1987, provides: “Any person who in New Zealand or elsewhere commits, or aids or abets or procures the commission by another person of, a grave breach … of [the 1977 Additional Protocol I] is guilty of an indictable offence.”
Under New Zealand’s International Crimes and ICC Act (2000), war crimes include the crimes defined in Article 8(2)(b)(vii) of the 1998 ICC Statute.