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“may be expected to leave the civilian population with such inadequate food or water as to causeits starvation or force its movement.” 623Further exception is made for a State to engage in a “scorched earth” defense of a party’sown territory. 624When adopted, this AP I prohibition was novel and the product of extensive diplomaticnegotiation. Given the intricacy of this provision of AP I, it would be difficult to conclude thatall of its particulars reflect customary international law. Nonetheless, the United States hassupported the underlying principle that starvation of civilians may not be used as a method ofwarfare, as discussed in the sub-sections above. 6255.21 OVERVIEW OF GOOD FAITH, PERFIDY, AND RUSESAbsolute good faith with the enemy must be observed as a rule of conduct. 626 The linebetween those deceptions that good faith permits and those that good faith prohibits may appearindistinct and has varied according to State practice. 627 Good faith prohibits:• killing or wounding enemy persons by resort to perfidy; 628• misusing certain signs; 629623 AP I art. 54(3) (“The prohibitions in paragraph 2 shall not apply to such of the objects covered by it as are usedby an adverse Party: … (b) If not as sustenance, then in direct support of military action, provided, however, that inno event shall actions against these objects be taken which may be expected to leave the civilian population withsuch inadequate food or water as to cause its starvation or force its movement.”).624 AP I art. 54(5) (“In recognition of the vital requirements of any Party to the conflict in the defence of its nationalterritory against invasion, derogation from the prohibitions contained in paragraph 2 may be made by a Party to theconflict within such territory under its own control where required by imperative military necessity.”).625 Michael J. Matheson, Deputy Legal Adviser, Department of State, Remarks on the United States Position on theRelation of Customary International Law to the 1977 Protocols Additional to the 1949 Geneva Conventions at theSixth Annual American Red Cross-Washington College of Law Conference on International Humanitarian Law(Jan. 22, 1987), 2 AMERICAN UNIVERSITY JOURNAL OF INTERNATIONAL LAW AND POLICY 419, 426 (1987) (“Wesupport the principle that starvation of civilians not be used as a method of warfare, and subject to the requirementsof imperative military necessity, that impartial relief actions necessary for the survival of the civilian population bepermitted and encouraged. These principles can be found, though in a somewhat different form, in articles 54 and70.”).626 1956 FM 27-10 (Change No. 1 1976) 49 (“Absolute good faith with the enemy must be observed as a rule ofconduct; but this does not prevent measures such as using spies and secret agents, encouraging defection orinsurrection among the enemy civilian population, corrupting enemy civilians or soldiers by bribes, or inducing theenemy’s soldiers to desert, surrender, or rebel.”).627 1958 UK MANUAL 310 (“The borderline between legitimate ruses and forbidden treachery has varied atdifferent times, and it is difficult to lay down hard and fast rules in the matter. Many of the doubtful cases, however,which arose at a time when, from the nature of their weapons, troops could only engage at close range, can nowseldom or never occur.”).628 Refer to § 5.22 (Treachery or Perfidy Used to Kill or Wound).629 Refer to § 5.24 (Improper Use of Certain Signs).294

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