Practice Relating to Rule 65. Perfidy
Section D. Simulation of surrender
New Zealand’s Military Manual (1992) provides that “the feigning … of a surrender” is an example of perfidy.
The manual states: “Another example of perfidious conduct, although rare, would be surrendering an aircraft and then firing on an unsuspecting adversary after the surrender was accepted.”
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.