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• feigning of death or incapacitation by wounds or sickness 653 and then attacking, whichtakes advantage of the respect afforded the dead 654 or the protection afforded those whoare hors de combat; 655• feigning civilian status and then attacking; 656 and• calling out “do not fire; we are friends” and then attacking. 6575.23 USE OF ENEMY FLAGS, INSIGNIA, AND MILITARY UNIFORMSDuring international armed conflict, improper use of enemy flags, military emblems,insignia, or uniforms, is prohibited. 6585.23.1 Improper Use of Enemy Flags, Insignia, and Military Uniforms Prohibited. Ingeneral, the use of enemy flags, insignia, and military uniforms is prohibited during combat, butis permissible outside of combat. 659A similar rule is applied during naval operations. 6605.23.1.1 Improper Use of Enemy Uniforms and “Perfidy”. The prohibition on theuse of enemy uniforms in combat has been described as a prohibition against using enemy651 See FINAL REPORT ON THE PERSIAN GULF WAR 621 (“During the same battle, an Iraqi officer approachedCoalition forces with his hands in the air, indicating his intention to surrender. When near his would-be captors, hedrew a concealed pistol from his boot, fired, and was killed during the combat that followed.”).652 Refer to § 5.10.3 (Persons Who Have Surrendered).653 1958 UK MANUAL 115 note 2 (“For instance, it would be treachery for a soldier to sham wounded or dead andthen to attack enemy soldiers who approached him without hostile intent, or to pretend he had surrendered andafterwards to open fire upon or attack an enemy who was treating him as hors de combat or a prisoner.).654 Refer to § 7.7 (Treatment and Handling of Enemy Military Dead).655 Refer to § 5.10.4 (Persons Rendered Unconscious or Otherwise Incapacitated by Wounds, Sickness, orShipwreck).656 Refer to § 5.5.8 (Obligation of Combatants to Distinguish Themselves When Conducting Attacks).657 2004 UK MANUAL 5.9 footnote 35 (“Examples of treachery included calling out ‘Do no fire, we are friends’ andthen firing at enemy troops who had lowered their guard, especially if coupled with the wearing of enemy uniformsor civilian clothing;”); 1958 UK MANUAL 311 note 1 (giving as an example of treacherous killing or wounding“calling out ‘Do not fire, we are friends’, and then firing” which “is often accompanied by the use of enemyuniforms or civilian clothing”); 1914 1914 RULES OF LAND WARFARE 178 note 1 (“It would be treacherous to callout, ‘Do not fire; we are friends,’ and then fire a volley.”).658 HAGUE IV REG. art. 23(f) (making it especially forbidden “[t]o make improper use … of the national flag, or ofthe military insignia and uniform of the enemy,”).659 APPENDIX TO 1985 CJCS MEMO ON AP I 28 (“Existing international law prohibits ‘improper’ use of the enemyuniform or insignia. The United States interprets this rule to prohibit their use in combat, but not in situationspreceding or following combat.”); 1956 FM 27-10 (Change No. 1 1976) 54 (“It is certainly forbidden to employ[national flags, insignia, and uniforms] during combat, but their use at other times is not forbidden.”).660 Refer to § 13.13.1 (Belligerent Warship’s Use of False Colors and Other Disguises).298

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