Perfidy

Perfidy is prohibited conduct in armed conflict whereby a combatant feigns a protected status — such as being wounded, a civilian, a neutral party, or a surrendering soldier — to induce the enemy to lower its guard, and then attacks, kills, injures, or captures them. The prohibition is codified in Article 37(1) of Additional Protocol I (1977) to the Geneva Conventions, which defines perfidy as "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 intent to betray that confidence."

Classic examples listed in Article 37 include:

• Feigning surrender (e.g., displaying a white flag) and then opening fire.
• Feigning incapacitation by wounds or sickness.
• Feigning civilian or non-combatant status.
• Feigning protected status by using the emblems of the UN, Red Cross, Red Crescent, or a neutral state.

Perfidy must be distinguished from ruses of war, which are lawful under Article 37(2). Ruses — such as camouflage, decoys, mock operations, and misinformation — mislead the adversary but do not invite confidence in legal protection. Ambushes and disguises that do not exploit protected status are generally permitted.

Perfidious killing or injury is listed as a grave breach and war crime in Article 8(2)(b)(xi) of the Rome Statute of the International Criminal Court (1998) for international armed conflicts, and Article 8(2)(e)(ix) for non-international armed conflicts. It is also recognized as customary international law applicable in both international and non-international conflicts, per the ICRC's Customary IHL Study (Rule 65).

The rationale is functional as well as moral: if combatants routinely abused protected emblems and surrender signals, adversaries would stop honoring them, eroding the entire framework that shields the wounded, medical personnel, and those seeking to lay down arms.