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with the law of war where treacherous acts by the enemy have resulted in casualties among theirown forces.Breaches of good faith also damage, and may destroy, the basis for restoration of peaceshort of the complete annihilation of one belligerent by another. 638 A degree of mutual respectand trust is essential for the negotiation of cease-fires, truces, surrenders, and other agreementsnecessary to bring an end to hostilities.5.22 TREACHERY OR PERFIDY USED TO KILL OR WOUNDDuring international armed conflict, it is prohibited to kill or wound the enemy by resortto perfidy. 6395.22.1 Definition of Perfidy. Acts of perfidy are acts that invite the confidence of enemypersons to lead them to believe that they are entitled to, or are obliged to accord, protection underthe law of war, with intent to betray that confidence. 640The key element in perfidy is the false claim to protections under the law of war in orderto secure a military advantage over the opponent. 641 The claim must be to legal protections. 6425.22.1.1 Perfidy and Treachery – Notes on Terminology. “Treachery” and“perfidy” have been used interchangeably. 643 Article 23(b) of the Hague IV Regulations uses theword “treacherously,” which was also used in Article 13(b) of the 1874 Brussels Declaration. 644638 1956 FM 27-10 (Change No. 1 1976) 50 (“Treacherous or perfidious conduct in war is forbidden because itdestroys the basis for a restoration of peace short of the complete annihilation of one belligerent by the other.”).639 HAGUE IV REG. art. 23(b) (It is especially forbidden “[t]o kill or wound treacherously individuals belonging tothe hostile nation or army”); LIEBER Code art. 101 (noting that “the common law of war allows even capitalpunishment for clandestine or treacherous attempts to injure an enemy”). Consider ROME STATUTE art. 8(2)(b)(xi)(defining war crimes in international armed conflict to include “[k]illing or wounding treacherously individualsbelonging to the hostile nation or army”).640 Consider AP I art. 37(1) (“Acts inviting the confidence of an adversary to lead him to believe that he is entitledto, or is obliged to accord, protection under the rules of international law applicable in armed conflict, with intent tobetray that confidence, shall constitute perfidy.”); APPENDIX TO 1985 CJCS MEMO ON AP I 26 (“Rather than‘treachery,’ paragraph 1 of Article 37 uses the modern term ‘perfidy,’ and defines it as ‘acts inviting the confidenceof an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules ofinternational law applicable in armed conflict, with the intent to betray that confidence.’ This definition, and theexamples provided, are an accurate and helpful clarification of existing law.”).641 ICRC AP COMMENTARY 435 (1500) (“The central element of the definition of perfidy is the deliberate claim tolegal protection for hostile purposes.”).642 BOTHE, PARTSCH, & SOLF, NEW RULES 204-05 (AP I art. 37, 2.4.2) (“The ICRC draft of the article referred to‘confidence’ without elaborating that confidence must be based on a norm of international law. It would haveinvolved confidence in moral obligations as well as in binding legal obligations. This was considered to be overlyabstract and ambiguous by delegations representing several regional groups.”).643 For example, XV OFFICIAL RECORDS OF THE CDDH 99 (CDDH/III/SR.47 78) (“Mr. Reed (United States ofAmerica) said that article 35, paragraph 1, was a reaffirmation and development of Article 23 b) of The HagueRegulations respecting the Laws and Customs of War on Land annexed to The Hague Convention No. IV of 1907296