10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

• fighting in the enemy’s uniform; 630• feigning non-hostile relations in order to seek a military advantage; 631 and• compelling nationals of a hostile party to take part in the operations of war directedagainst their own country. 632However, good faith permits:• ruses of war or other lawful deceptive activities; 633• intelligence collection; 634• military information support operations, including propaganda; 635 and• certain types of bribery. 6365.21.1 Harms From Breaches of Good Faith. Breaches of good faith may: (1) underminethe protections afforded by the law of war to classes of persons and objects; (2) impair nonhostilerelations between opposing belligerents; and (3) damage the basis for the restoration ofpeace short of complete annihilation of one belligerent by another.Breaches of good faith, principally perfidious conduct, may undermine the protectionsafforded by the law of war to civilians, persons who are hors de combat, or certain other classesof persons and objects. 637Breaches of good faith also impair other non-hostile relations between opposingbelligerents during the war. For example, such breaches may diminish the legitimate activitiesthat depend upon a degree of mutual respect and trust between hostile forces, such as effectingsurrender or collection of the dead, wounded, or sick (enemy or friendly force) on the battlefield.It also may make it more difficult for military commanders to ensure that their forces comply630 Refer to § 5.23 (Use of Enemy Flags, Insignia, and Military Uniforms).631 Refer to § 12.2 (Principle of Good Faith in Non-Hostile Relations).632 Refer to § 5.27 (Prohibition Against Compelling Enemy Nationals to Take Part in the Operations of War DirectedAgainst Their Own Country).633 Refer to § 5.25 (Ruses of War and Other Lawful Deceptions).634 Refer to § 5.26.1 (Propaganda).635 Refer to § 5.26.2 (Information Gathering).636 Refer to § 5.26.3 (Bribery or Offering of Rewards).637 BOTHE, PARTSCH, & SOLF, NEW RULES 202 (AP I art. 37, 2.1) (“Combatants, in practice, find it difficult torespect protected persons and objects if experience causes them to believe or suspect that their adversaries areabusing their claim to protection under the rules of international law applicable in armed conflict in order to achievea military advantage. The prohibitions of perfidy are thus directly related to protection for the wounded and sick,hors de combat combatants, prisoners of war and civilians.”). See also footnote 164, § 4.6.4 (Having a FixedDistinctive Sign Recognizable at a Distance).295

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!