Practice Relating to Rule 65. Perfidy
Section E. Simulation of an intention to negotiate under the white flag of truce
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”.