Rule 113
Ruses of war are permitted. Such ruses are acts which are intended to mislead an adversary or to induce him to act recklessly but which infringe no Rule of the law of international armed conflict and which do not meet the definition of perfidy in Rule 111 (a).
[Commentary]
- This Rule is based on Art. 24 of the 1907 Hague Regulations[640] and on Art. 37 (2) of AP/I.[641]
- Belligerent Parties are entitled, under the law of international armed conflict, to make use of any ruses of war they may wish to avail themselves of, as long as the acts do not infringe any rule of that law and do not constitute prohibited perfidy.
- Ruses of war may result in the death of an adversary. This is not prohibited per se as long as such ruses of war do not amount to prohibited perfidy (see Rule 111 (a)) insofar as they do not include the element of betrayal of confidence. In particular, there must be no improper use of civilian, neutral, enemy or other protected status (See Rule 112).
- Specific examples of lawful ruses of war in air or missile warfare are given in Rule 116 on an illustrative basis.
- Rule 113 applies also in non-international armed conflict.
- Art. 24 of the 1907 Hague Regulations: ”Ruses of war and the employment of measures necessary for obtaining information about the enemy and the country are considered permissible.”
- Art. 37 (2) of AP/I: “Ruses of war are not prohibited. Such ruses are acts which are intended to mislead an adversary or to induce him to act recklessly but which infringe no rule of international law applicable in armed conflict and which are not perfidious because they do not invite the confidence of an adversary with respect to protection under the law. The following are examples of such ruses: the use of camouflage, decoys, mock operations and misinformation.”
Categories: Q: General Rules
