Соответствующая норма
New Zealand
Practice Relating to Rule 65. Perfidy
New Zealand’s Military Manual (1992) provides:
Acts inviting the confidence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of international law applicable in armed conflict, with the intent to betray that confidence, shall constitute perfidy … The definition of perfidy codifies customary law.
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 502(5), including footnote 2 (land warfare); see also § 713(2) (naval warfare) and § 611(2) (air warfare).
New Zealand’s Military Manual (1992) states: “It is prohibited to kill, injure or capture an adversary by resort to perfidy.”
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, §§ 502(5) (land warfare) and 713(2) (naval warfare).
The manual further states that “the treacherous killing or wounding of any individual belonging to the hostile nation or army” constitutes a war crime.
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1704(2)(b).
The manual also states:
Assassination, that is, the killing or wounding of a selected individual behind the line of battle by enemy agents or unlawful combatants is prohibited. In addition, the proscription or outlawing or the putting of a price on the head of an enemy individual or any offer for an enemy “dead or alive” is forbidden. If prior information of an intended assassination or other act of treachery should reach the Party on whose behalf the act is to be committed, that Party should endeavour to prevent its being carried out.
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 507.
Under New Zealand’s International Crimes and ICC Act (2000), war crimes include the crimes defined in Article 8(2)(b)(xi) and (e)(ix) of the 1998 ICC Statute.
New Zealand, International Crimes and ICC Act, 2000, Section 11(2).
New Zealand’s Military Manual (1992) states that “the feigning of an incapacitation by wounds or sickness” is an example of perfidy.
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 502(5) (land warfare) and § 713(2) (naval warfare).
However, the manual notes: “If the motive is survival rather than hostile intent, a soldier can, without committing perfidy, feign incapacity in order to live to fight another day.”
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 502(5), footnote 3.
New Zealand’s Military Manual (1992) provides that “the feigning … of a surrender” is an example of perfidy.
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 502(5) (land warfare) and § 713(2) (naval warfare).
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.”
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 611(2).
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, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, §§ 1701(1) and 1703(3)(f).
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.”
New Zealand, Geneva Conventions Act, 1958, as amended in 1987, Section 3(1).
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.
New Zealand, International Crimes and ICC Act, 2000, Section 11(2).
New Zealand’s Military Manual (1992) states that “the feigning of an intent to negotiate under a flag of truce” is an example of perfidy.
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 502(5) (land warfare) and § 713(2) (naval warfare).
The manual also 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, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, §§ 1701(1) and 1703(3)(f).
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.”
New Zealand, Geneva Conventions Act, 1958, as amended in 1987, Section 3(1).
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.
New Zealand, International Crimes and ICC Act, 2000, Section 11(2).
New Zealand’s Military Manual (1992) states: “The use of false markings on military aircraft such as the markings of … medical aircraft … is the prime example of perfidious conduct in air warfare and is prohibited.”
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 611(2).
The manual also states that “perfidious use of the distinctive emblem of the red cross, crescent or lion and sun” constitutes a grave breach of the 1977 Additional Protocol I and a war crime.
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, §§ 1701(1) and 1703(3)(f).
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.”
New Zealand, Geneva Conventions Act, 1958, as amended in 1987, Section 3(1).
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.
New Zealand, International Crimes and ICC Act, 2000, Section 11(2).
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.”
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 502(5) (land warfare) and § 713(2) (naval warfare); see also § 1905.
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.”
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 611(2).
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, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, §§ 1701(1) and 1703(3)(f).
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.”
New Zealand, Geneva Conventions Act, 1958, as amended in 1987, Section 3(1).
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.
New Zealand, International Crimes and ICC Act, 2000, Section 11(2).
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.”
New Zealand, Geneva Conventions Act, 1958, as amended in 1987, Section 3(1).
New Zealand’s Military Manual (1992) provides that “the 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, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, §§ 1701(1) and 1703(3)(f).
New Zealand’s Military Manual (1992) provides: “The following acts are examples of perfidy: … the feigning of civilian, noncombatant status.”
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 502(5) (land warfare) and § 713(2) (naval warfare).
The manual also states: “The use of civilian aircraft or vessels to transport military cargo would not be perfidious unless it involved an intent to betray the confidence of the enemy, in which case it would be a war crime.”
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 502(6).
The manual adds: “The use of false markings on military aircraft such as the markings of civil aircraft … is the prime example of perfidious conduct in air warfare and is prohibited.”
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 611(2).
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 neutral or other States not Parties to the conflict.”
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 502(5) (land warfare) and § 713(2) (naval warfare).
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.
New Zealand, Geneva Conventions Act, 1958, as amended in 1987, Section 3(1).
