Legal Definitions - perfidy

In international law, perfidy refers to a deceptive act carried out by a combatant during armed conflict. It involves creating a false impression that an adversary is entitled to protection under the laws of war, or that the adversary is obligated to provide protection, when in reality, this conduct is a trick designed to gain a military advantage.

Essentially, perfidy is a serious violation of international humanitarian law because it undermines the trust necessary for the effective functioning of protections afforded to individuals and objects in wartime, such as those related to surrender, medical care, or civilian status.

Here are some examples to illustrate perfidy:

• Feigning Surrender: Imagine a group of soldiers in a combat zone who, while still armed, wave a white flag indicating their intent to surrender. As the opposing forces cautiously approach to accept the surrender, the first group suddenly drops the flag and opens fire, launching a surprise attack.

  This is perfidy because waving a white flag creates the impression that the soldiers are non-combatants seeking protection and immunity from attack under international law. This impression is false and is used as a deliberate ruse to lure the enemy into a vulnerable position, gaining a tactical advantage.

• Misusing Medical Emblems: Consider a scenario where combatants disguise a military transport vehicle as an ambulance, complete with the internationally recognized red cross or red crescent emblem. They then use this vehicle to transport weapons and ammunition through an area where genuine medical vehicles would be granted safe passage, intending to launch an attack from a position they could not otherwise reach without being targeted.

  This is perfidy because displaying a medical emblem creates the false impression that the vehicle and its occupants are protected medical personnel or equipment, entitled to special immunity from attack under international law. This deception is a ruse to gain a military advantage by exploiting the protected status of medical transport.

• Pretending to be Civilian: During an armed conflict, a small unit of soldiers discards their uniforms, dresses in civilian clothes, and pretends to be unarmed civilians fleeing the fighting. They then approach enemy forces, who, believing them to be non-combatants, lower their guard or offer assistance. Once close enough, the disguised soldiers reveal their weapons and launch an ambush.

  This is perfidy because dressing as civilians and feigning flight creates the false impression that they are non-combatants entitled to protection and assistance under international law. This deceptive act is a ruse to gain a military advantage by exploiting the enemy's expectation to protect civilians.