Practice Relating to Rule 65. Perfidy
France’s LOAC Summary Note (1992) prohibits perfidy. It does not define “perfidy” as such, but states: “It is forbidden to feign a protected status to invite the confidence of the enemy.”
France’s LOAC Teaching Note (2000) prohibits the recourse to perfidy.
France’s LOAC Manual (2001) states:
Contrary to ruses of war, treachery is prohibited by the law of armed conflicts when it leads to the use of perfidious means, i.e
. inviting the good faith of the adversary to lead him to believe that he is entitled to receive, or the obligation to accord, the protection provided for by the law of armed conflict.
The manual considers that perfidy is a prohibited method of warfare.
It also incorporates the definition of perfidy contained in Article 37 of the 1977 Additional Protocol I.
The manual also states: “There are two elements which constitute perfidy: a fraudulent intention to kill, injure or capture an enemy, and a will to invite his good faith. When a perfidious act causes the death or serious physical injury to the adversary, it constitutes a war crime.”