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Ruse of war

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A ruse of war is an action taken by a belligerent in warfare to fool the enemy in order to gain intelligence or a military advantage against an enemy.

Good faith

Good faith in dealing with an enemy must be observed as a rule of conduct; but this does not prevent measures such as using spies and secret agents, encouraging defection or insurrection among the enemy civilian population, corrupting enemy civilians or soldiers by bribes, or inducing the enemy’s soldiers to desert, surrender, or rebel. In general, a belligerent may resort to those measures for mystifying or misleading the enemy against which the enemy ought to take measures to protect itself.

Legitimate ruses

Legitimate ruses include:

No treachery or perfidy

Ruses of war are legitimate so long as they do not involve treachery or perfidy on the part of the belligerent resorting to them. They are, however, forbidden if they contravene any generally accepted rule.

Prohibited ruses

The line of demarcation between legitimate ruses and forbidden acts of perfidy is sometimes indistinct. In general, it would be an improper practice to secure an advantage over the enemy by deliberate lying or misleading conduct which involves a breach of faith, or when there is a moral obligation to speak the truth. For example, it is improper to pretend to surrender to secure an advantage over the opposing belligerent.

To broadcast to the enemy that an armistice had been agreed upon when such is not the case would be treacherous. Abuse of the protections afforded to medical personnel (by disguising combat soldiers as medics, or by putting a red cross on a combat vehicle) is also considered unacceptable.

It is especially forbidden 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 in a ruse of war. [Annex to Hague Convention No. IV, 18 October 1907, embodying the Regulations Respecting Customs of War on Land., art. 23, par. (f).]

Controversial incidents

Controversial German commando Otto Skorzeny led troops wearing American uniforms behind the American lines during the Battle of the Bulge. Skorzeny later reported that he was told by experts in military law that wearing the American uniforms was a defensible ruse de guerre, provided his troops took off their American uniforms, and put on German uniforms, prior to firing their weapons.

 


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