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False flag

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False flag

A false flag operation is an act committed with the intent of disguising the actual source of responsibility and pinning blame on another party. The term "false flag" originated in the 16th century as an expression meaning an intentional misrepresentation of someone's allegiance. The term was originally used to describe a ruse in naval warfare whereby a vessel flew the flag of a neutral or enemy country to hide its true identity. The tactic was initially used by pirates and privateers to deceive other ships into allowing them to move closer before attacking them. It later was deemed an acceptable practice during naval warfare according to international maritime laws, provided the attacking vessel displayed its true flag before commencing an attack.

The term today extends to include countries that organize attacks on themselves and make the attacks appear to be by enemy nations or terrorists, thus giving the nation that was supposedly attacked a pretext for domestic repression or foreign military aggression (as well as to engender sympathy). Similarly deceptive activities carried out during peacetime by individuals or nongovernmental organizations have been called false-flag operations, but the more common legal term is a "frameup", "stitch up", or "setup".

In land warfare, such operations are generally deemed acceptable under certain circumstances, such as to deceive enemies, provided the deception is not perfidious and that all such deceptions are discarded before opening fire upon the enemy. Similarly, in naval warfare such a deception is considered permissible, provided the false flag is lowered and the true flag raised before engaging in battle. Auxiliary cruisers operated in such a fashion in both World Wars, as did Q-ships, while merchant vessels were encouraged to use false flags for protection. Such masquerades promoted confusion not just of the enemy but of historical accounts. In 1914, the Battle of Trindade was fought between the British auxiliary cruiser RMS Carmania and the German auxiliary cruiser SMS Cap Trafalgar, which had been altered to look like Carmania.

Another notable example was the World War II German commerce raider Kormoran, which surprised and sank the Australian light cruiser HMAS Sydney in 1941 while disguised as a Dutch merchant ship, causing the greatest loss of life on an Australian warship. While Kormoran was fatally damaged in the engagement and its crew captured, the outcome represented a considerable psychological victory for the Germans.

The British used a Kriegsmarine ensign in the St Nazaire Raid and captured a German code book. The old destroyer Campbeltown, which the British planned to sacrifice in the operation, was provided with cosmetic modifications that involved cutting the ship's funnels and chamfering the edges to resemble a German Type 23 torpedo boat. By this ruse the British got within two miles (3 km) of the harbour before the defences responded, where the explosive-rigged Campbeltown and commandos successfully disabled or destroyed the key dock structures of the port.

Between December 1922 and February 1923, a commission of jurists at the Hague drafted a set of rules concerning the Control of Wireless Telegraphy in Time of War and Air Warfare. They included:

This draft was never adopted as a legally binding treaty, but the International Committee of the Red Cross states in its introduction on the draft: "To a great extent, [the draft rules] correspond to the customary rules and general principles underlying treaties on the law of war on land and at sea", and as such these two non-controversial articles were already part of customary law.

In land warfare, the use of a false flag is similar to that of naval warfare: the trial of Waffen SS officer Otto Skorzeny—who planned and commanded Operation Greif—by a U.S. military tribunal at the Dachau trials included a finding that Skorzeny was not guilty of a crime by ordering his men into action in American uniforms. He had relayed to his men the warning of German legal experts: if they fought in American uniforms, they would be breaking the laws of war; however, they probably were not doing so simply by wearing the American uniforms. During the trial, a number of arguments were advanced to substantiate this position and the German and U.S. military seem to have been in agreement.

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