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uniforms to kill or wound treacherously. 661 However, feigning enemy military status is nottechnically “perfidy” as the term is used in this manual because perfidy requires the feigning ofprotected status, and the law of war generally does not protect enemy military personnel frombeing made the object of attack. 6625.23.1.2 Use of Enemy Uniforms and Other Equipment Without the Intent toDeceive. Uses of enemy uniforms and other equipment without any intention to deceive theenemy are not prohibited. For example, if there is a shortage of clothing it may be necessary touse enemy uniforms. 663 Similarly, the immediate use of captured enemy weapons or equipmentduring combat is permissible. When circumstances permit, however, enemy insignia shouldgenerally be removed or alternative measures taken to distinguish U.S. forces from the enemy. 6645.23.1.3 Deceptive Use of Enemy Flags, Insignia, and Military Uniforms Outsideof Combat. It is a legitimate ruse to use enemy flags, insignia, and military uniforms outside ofcombat. 6655.23.1.4 Use of Enemy Uniforms to Evade Capture or Escape. Militarypersonnel, such as aircrew downed behind enemy lines, may use enemy uniforms to evadecapture. Similarly, escaping prisoners of war may use enemy military uniforms to facilitate theirescape from a POW camp to return to friendly lines. 666However, those using enemy uniforms to evade capture or escape must not engage incombat while in the enemy’s uniform, and, if they are not escaping POWs, they may be liable totreatment as spies and saboteurs if caught behind enemy lines. 667661 For example, Trial of Otto Skorzeny and Others, IX U.N. LAW REPORTS 90 (General Military Government Courtof the U.S. Zone of Germany, Aug. 18-Sept. 9, 1947) (“The ten accused involved in this trial were all officers in the150th Panzer Brigade commanded by the accused Skorzeny. They were charged with participating in the improperuse of American uniforms by entering into combat disguised therewith and treacherously firing upon and killingmembers of the armed forces of the United States.”).662 Refer to § 5.22.1 (Definition of Perfidy).663 See 1958 UK MANUAL 322 (“If, owing to shortage of clothing, it becomes necessary to utilise apparel capturedfrom the enemy, the badges should be removed before the articles are worn.”); 1958 UK MANUAL 322 note 1(“Articles of uniform which are distinctive of a particular army—such as the beret of the French Chasseurs desAlpes or the coloured berets of certain British troops, the kilt of some regiments, or the Turkish fez—should not beused except in cases of absolute necessity.”).664 See LIEBER CODE art. 64 (“If American troops capture a train containing uniforms of the enemy, and thecommander considers it advisable to distribute them for use among his men, some striking mark or sign must beadopted to distinguish the American soldier from the enemy.”).665 For example, 1958 UK MANUAL 320 note 3 (“During the Second World War the German intelligence service inBelgium used German soldiers disguised as British airmen ‘to discover the attitude of the Belgian populationtowards individual British airmen landing in Belgium. The operation was completely successful. Active assistancewas rendered by an organised network which was uncovered. The mass of the population was not involved’.(Extract from a captured German teleprint dated 9th January, 1943.) It would seem that this use of enemy uniformoutside of battle operations is a legitimate ruse.”).666 Refer to § 9.25.2.3 (Disciplinary Punishment for Certain Offenses Committed in Connection With Escape).667 Refer to § 4.17 (Spies, Saboteurs, and Other Persons Engaging in Similar Acts Behind Enemy Lines).299

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