Practice Relating to Rule 65. Perfidy
Section I. Simulation of civilian status
Indonesia’s Military Manual (1982) provides: “It is prohibited to kill or injure the enemy by perfidy, such as to pretend to be a non-combatant.”
At the CDDH, Indonesia proposed deleting paragraph 1(c) of Article 35 of the draft Additional Protocol I (now Article 37).
This proposal was the expression of the fear that paragraph 1(c) could be misused to punish combatants who would otherwise be entitled to the status of prisoner of war. However, Indonesia finally agreed upon paragraph 1(c) of Article 35 of the draft Additional Protocol I (now Article 37) following the same reasoning as the one of Viet Nam stated below.