Perfidy

In the context of war, perfidy is a form of deceptive tactic where one side pretends to act in good faith, such as signaling a truce (e.g., raising a white flag), but does so with the deliberate intention of breaking that promise. The goal is to trick the enemy into lowering its guard, such as stepping out of cover to accept a supposed surrender, only to exploit its vulnerability.

Perfidy constitutes a breach of the laws of war and so is a war crime, as it degrades the protections and mutual restraints developed in the interest of all parties, combatants and civilians.

Perfidy is specifically prohibited under the 1977 Protocol I Additional to the Geneva Conventions of 12 August 1949, which states:

Article 37. – Prohibition of perfidy

Article 38. – Recognized emblems

Article 39. – Emblems of nationality

Disapproval of perfidy was part of the customary laws of war long before the prohibition of perfidy was included in Protocol I. For example, in the 1907 Hague Convention IV – The Laws and Customs of War on Land, Article 23 includes:

In addition to the prohibitions provided by special Conventions, it is especially forbidden ... (b) To kill or wound treacherously individuals belonging to the hostile nation or army; ... (f) To make improper use of a flag of truce, of the national flag, or of the military insignia and military uniform of the enemy, as well as the distinctive badges of the Geneva Convention; ...