Bridging the Gap That Exists for War Crimes of Perfidy

Summary

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[...] Part VI concludes that bridging the gap by prosecuting all instances of perfidy as grave breaches is in the best interests of civilians and combatants. [...] as long as the debate over whether some perfidious is even prohibited persists, there is no guarantee perfidy that results in capture or military advantage will ever be effectively prosecuted.89 The international community can end this debate by treating every act of perfidy as a grave breach.

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Extract

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Bridging the Gap That Exists for War Crimes of Perfidy

The condemnation of perfidy is an ancient precept of the laws and customs of war derived from the principle of chivalry. It has remained a cardinal principal in modern times, because perfidious abuse of protections under the law of armed conflict tends strongly to degrade the protections and restraints developed in the mutual interest of all Parties, their combatants and civilians.1

I. Introduction

Parties to an armed conflict can be destructive, cunning, and merciless in advancing their interests, but they may not act in bad faith. Their actions are guided by the collective wisdom of the bulk of nations, encapsulated within international conventions and norms governing the conduct of warfare. The rules of warfare demand respect and safeguard this respect through the condemnation of perfidy.

This article examines perfidy in international armed conflict and addresses a gap in how perfidy is criminalized. This gap threatens to weaken the protections afforded by the law of armed conflict because it allows some acts of perfidious conduct to go unpunished. As will be discussed, the international community should bridge the gap by treating all forms of perfidy as grave breaches. By doing so, the international community would bolster the purpose of the law of...

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